1     
PUBLIC EDUCATION DEFINITIONS COORDINATION

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions in the public education code related to defined terms.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions in Title 53G, Public Education System -- Local Administration,
14     to use and conform with defined terms in coordination with 2019FL-0374, Public
15     Education Definitions Amendments;
16          ▸     amends other provisions in the public education code related to defined terms; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides revisor instructions.
22     Utah Code Sections Affected:
23     AMENDS:
24          53G-3-202, as last amended by Laws of Utah 2018, Chapter 256 and renumbered and
25     amended by Laws of Utah 2018, Chapter 3
26          53G-3-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
27          53G-3-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
28          53G-3-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
29          53G-3-306, as renumbered and amended by Laws of Utah 2018, Chapter 3

30          53G-3-307, as renumbered and amended by Laws of Utah 2018, Chapter 3
31          53G-3-308, as renumbered and amended by Laws of Utah 2018, Chapter 3
32          53G-3-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
33          53G-3-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
34          53G-3-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
35          53G-3-501, as renumbered and amended by Laws of Utah 2018, Chapter 3
36          53G-3-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
37          53G-3-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
38          53G-4-201, as renumbered and amended by Laws of Utah 2018, Chapter 3
39          53G-4-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
40          53G-4-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
41          53G-4-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
42          53G-4-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
43          53G-4-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
44          53G-4-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
45          53G-4-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
46          53G-4-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
47          53G-4-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
48          53G-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
49          53G-4-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
50          53G-4-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
51          53G-4-409, as renumbered and amended by Laws of Utah 2018, Chapter 3
52          53G-4-410, as renumbered and amended by Laws of Utah 2018, Chapter 3
53          53G-4-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
54          53G-4-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
55          53G-4-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
56          53G-4-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
57          53G-4-605, as renumbered and amended by Laws of Utah 2018, Chapter 3

58          53G-4-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
59          53G-4-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
60          53G-4-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
61          53G-4-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
62          53G-4-804, as renumbered and amended by Laws of Utah 2018, Chapter 3
63          53G-4-805, as renumbered and amended by Laws of Utah 2018, Chapter 3
64          53G-4-806, as renumbered and amended by Laws of Utah 2018, Chapter 3
65          53G-4-807, as renumbered and amended by Laws of Utah 2018, Chapter 3
66          53G-4-1003, as renumbered and amended by Laws of Utah 2018, Chapter 3
67          53G-4-1004, as renumbered and amended by Laws of Utah 2018, Chapter 3
68          53G-4-1006, as renumbered and amended by Laws of Utah 2018, Chapter 3
69          53G-5-102, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
70     amended by Laws of Utah 2018, Chapter 3
71          53G-5-201, as last amended by Laws of Utah 2018, Chapters 293, 383 and renumbered
72     and amended by Laws of Utah 2018, Chapter 3
73          53G-5-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
74          53G-5-205, as enacted by Laws of Utah 2018, Chapter 383
75          53G-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
76          53G-5-302, as last amended by Laws of Utah 2018, Chapters 154, 383 and renumbered
77     and amended by Laws of Utah 2018, Chapter 3
78          53G-5-303, as last amended by Laws of Utah 2018, Chapter 211 and renumbered and
79     amended by Laws of Utah 2018, Chapter 3
80          53G-5-304, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
81     amended by Laws of Utah 2018, Chapter 3
82          53G-5-305, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
83     amended by Laws of Utah 2018, Chapter 3
84          53G-5-306, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
85     amended by Laws of Utah 2018, Chapter 3

86          53G-5-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
87          53G-5-404, as last amended by Laws of Utah 2018, Chapter 256 and renumbered and
88     amended by Laws of Utah 2018, Chapter 3
89          53G-5-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
90          53G-5-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
91          53G-5-407, as last amended by Laws of Utah 2018, Chapters 22, 154 and renumbered
92     and amended by Laws of Utah 2018, Chapter 3
93          53G-5-408, as renumbered and amended by Laws of Utah 2018, Chapter 3
94          53G-5-409, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
95     amended by Laws of Utah 2018, Chapter 3
96          53G-5-410, as last amended by Laws of Utah 2018, Chapter 448
97          53G-5-411, as enacted by Laws of Utah 2018, Chapter 3
98          53G-5-501, as renumbered and amended by Laws of Utah 2018, Chapter 3
99          53G-5-502, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
100     amended by Laws of Utah 2018, Chapter 3
101          53G-5-503, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
102     amended by Laws of Utah 2018, Chapter 3
103          53G-5-504, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
104     amended by Laws of Utah 2018, Chapter 3
105          53G-5-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
106          53G-5-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
107          53G-6-201, as last amended by Laws of Utah 2018, Chapter 69 and renumbered and
108     amended by Laws of Utah 2018, Chapter 3
109          53G-6-202, as last amended by Laws of Utah 2018, Chapter 285 and renumbered and
110     amended by Laws of Utah 2018, Chapter 3
111          53G-6-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
112          53G-6-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
113          53G-6-205, as renumbered and amended by Laws of Utah 2018, Chapter 3

114          53G-6-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
115          53G-6-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
116          53G-6-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
117          53G-6-209, as renumbered and amended by Laws of Utah 2018, Chapter 3
118          53G-6-302, as last amended by Laws of Utah 2018, Chapter 64 and renumbered and
119     amended by Laws of Utah 2018, Chapter 3
120          53G-6-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
121          53G-6-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
122          53G-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
123          53G-6-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
124          53G-6-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
125          53G-6-403, as last amended by Laws of Utah 2018, Chapter 429 and renumbered and
126     amended by Laws of Utah 2018, Chapter 3
127          53G-6-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
128          53G-6-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
129          53G-6-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
130          53G-6-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
131          53G-6-501, as enacted by Laws of Utah 2018, Chapter 3
132          53G-6-502, as last amended by Laws of Utah 2018, Chapter 380 and renumbered and
133     amended by Laws of Utah 2018, Chapter 3
134          53G-6-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
135          53G-6-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
136          53G-6-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
137          53G-6-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
138          53G-6-704, as renumbered and amended by Laws of Utah 2018, Chapter 3
139          53G-6-705, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
140     amended by Laws of Utah 2018, Chapter 3
141          53G-6-706, as renumbered and amended by Laws of Utah 2018, Chapter 3

142          53G-6-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
143          53G-6-708, as renumbered and amended by Laws of Utah 2018, Chapter 3
144          53G-6-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
145          53G-6-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
146          53G-6-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
147          53G-7-202, as enacted by Laws of Utah 2018, Chapter 3
148          53G-7-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
149          53G-7-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
150          53G-7-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
151          53G-7-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
152          53G-7-213, as renumbered and amended by Laws of Utah 2018, Chapter 3
153          53G-7-214, as last amended by Laws of Utah 2018, Chapter 39 and renumbered and
154     amended by Laws of Utah 2018, Chapter 3
155          53G-7-215, as renumbered and amended by Laws of Utah 2018, Chapter 3
156          53G-7-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
157          53G-7-303, as last amended by Laws of Utah 2018, Chapter 101 and renumbered and
158     amended by Laws of Utah 2018, Chapter 3
159          53G-7-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
160          53G-7-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
161          53G-7-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
162          53G-7-307, as renumbered and amended by Laws of Utah 2018, Chapter 3
163          53G-7-309, as renumbered and amended by Laws of Utah 2018, Chapter 3
164          53G-7-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
165          53G-7-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
166          53G-7-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
167          53G-7-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
168          53G-7-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
169          53G-7-603, as renumbered and amended by Laws of Utah 2018, Chapter 3

170          53G-7-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
171          53G-7-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
172          53G-7-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
173          53G-7-701, as renumbered and amended by Laws of Utah 2018, Chapter 3
174          53G-7-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
175          53G-7-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
176          53G-7-704, as renumbered and amended by Laws of Utah 2018, Chapter 3
177          53G-7-705, as renumbered and amended by Laws of Utah 2018, Chapter 3
178          53G-7-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
179          53G-7-708, as renumbered and amended by Laws of Utah 2018, Chapter 3
180          53G-7-709, as renumbered and amended by Laws of Utah 2018, Chapter 3
181          53G-7-711, as renumbered and amended by Laws of Utah 2018, Chapter 3
182          53G-7-712, as renumbered and amended by Laws of Utah 2018, Chapter 3
183          53G-7-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
184          53G-7-901, as renumbered and amended by Laws of Utah 2018, Chapter 3
185          53G-7-902, as renumbered and amended by Laws of Utah 2018, Chapter 3
186          53G-7-1004, as renumbered and amended by Laws of Utah 2018, Chapter 3
187          53G-7-1101, as renumbered and amended by Laws of Utah 2018, Chapter 3
188          53G-7-1103, as renumbered and amended by Laws of Utah 2018, Chapter 3
189          53G-7-1104, as renumbered and amended by Laws of Utah 2018, Chapter 3
190          53G-7-1105, as renumbered and amended by Laws of Utah 2018, Chapter 3
191          53G-7-1106, as renumbered and amended by Laws of Utah 2018, Chapter 3
192          53G-7-1202, as last amended by Laws of Utah 2018, Chapters 107 and 448
193          53G-7-1203, as last amended by Laws of Utah 2018, Chapter 448
194          53G-7-1205, as enacted by Laws of Utah 2018, Chapter 448
195          53G-7-1206, as enacted by Laws of Utah 2018, Chapter 448
196          53G-8-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
197          53G-8-203, as renumbered and amended by Laws of Utah 2018, Chapter 3

198          53G-8-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
199          53G-8-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
200          53G-8-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
201          53G-8-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
202          53G-8-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
203          53G-8-209, as renumbered and amended by Laws of Utah 2018, Chapter 3
204          53G-8-210, as renumbered and amended by Laws of Utah 2018, Chapter 3
205          53G-8-211, as last amended by Laws of Utah 2018, Chapter 117 and renumbered and
206     amended by Laws of Utah 2018, Chapter 3
207          53G-8-212, as renumbered and amended by Laws of Utah 2018, Chapter 3
208          53G-8-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
209          53G-8-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
210          53G-8-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
211          53G-8-509, as renumbered and amended by Laws of Utah 2018, Chapter 3
212          53G-8-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
213          53G-8-701, as renumbered and amended by Laws of Utah 2018, Chapter 3
214          53G-8-702, as renumbered and amended by Laws of Utah 2018, Chapter 3
215          53G-8-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
216          53G-9-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
217          53G-9-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
218          53G-9-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
219          53G-9-207, as last amended by Laws of Utah 2018, Chapter 209 and renumbered and
220     amended by Laws of Utah 2018, Chapter 3
221          53G-9-208, as renumbered and amended by Laws of Utah 2018, Chapter 3
222          53G-9-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
223          53G-9-402, as renumbered and amended by Laws of Utah 2018, Chapter 3
224          53G-9-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
225          53G-9-502, as renumbered and amended by Laws of Utah 2018, Chapter 3

226          53G-9-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
227          53G-9-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
228          53G-9-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
229          53G-9-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
230          53G-9-601, as renumbered and amended by Laws of Utah 2018, Chapter 3
231          53G-9-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
232          53G-9-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
233          53G-9-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
234          53G-9-607, as renumbered and amended by Laws of Utah 2018, Chapter 3
235          53G-9-702, as last amended by Laws of Utah 2018, Chapter 414 and renumbered and
236     amended by Laws of Utah 2018, Chapter 3
237          53G-9-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
238          53G-9-704, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
239     amended by Laws of Utah 2018, Chapter 3
240          53G-9-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
241          53G-9-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
242          53G-9-803, as renumbered and amended by Laws of Utah 2018, Chapter 3
243          53G-10-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
244          53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
245          53G-10-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
246          53G-10-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
247          53G-10-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
248          53G-10-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
249          53G-10-305, as enacted by Laws of Utah 2018, Chapter 3
250          53G-10-402, as last amended by Laws of Utah 2018, Chapter 224 and renumbered and
251     amended by Laws of Utah 2018, Chapter 3
252          53G-10-403, as enacted by Laws of Utah 2018, Chapter 3
253          53G-10-405, as renumbered and amended by Laws of Utah 2018, Chapter 3

254          53G-10-406, as last amended by Laws of Utah 2018, Chapter 249 and renumbered and
255     amended by Laws of Utah 2018, Chapter 3
256          53G-10-501, as enacted by Laws of Utah 2018, Chapter 3
257          53G-10-502, as last amended by Laws of Utah 2018, Chapter 233 and renumbered and
258     amended by Laws of Utah 2018, Chapter 3
259          53G-10-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
260          53G-10-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
261          53G-10-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
262          53G-10-507, as renumbered and amended by Laws of Utah 2018, Chapter 3
263          53G-10-508, as renumbered and amended by Laws of Utah 2018, Chapter 3
264          53G-11-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
265          53G-11-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
266          53G-11-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
267          53G-11-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
268          53G-11-401, as renumbered and amended by Laws of Utah 2018, Chapter 3
269          53G-11-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
270          53G-11-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
271          53G-11-405, as renumbered and amended by Laws of Utah 2018, Chapter 3
272          53G-11-406, as renumbered and amended by Laws of Utah 2018, Chapter 3
273          53G-11-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
274          53G-11-408, as renumbered and amended by Laws of Utah 2018, Chapter 3
275          53G-11-501, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
276     amended by Laws of Utah 2018, Chapter 3
277          53G-11-501.5, as renumbered and amended by Laws of Utah 2018, Chapter 3
278          53G-11-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
279          53G-11-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
280          53G-11-506, as renumbered and amended by Laws of Utah 2018, Chapter 3
281          53G-11-507, as renumbered and amended by Laws of Utah 2018, Chapter 3

282          53G-11-508, as renumbered and amended by Laws of Utah 2018, Chapter 3
283          53G-11-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
284          53G-11-511, as renumbered and amended by Laws of Utah 2018, Chapter 3
285          53G-11-512, as renumbered and amended by Laws of Utah 2018, Chapter 3
286          53G-11-518, as renumbered and amended by Laws of Utah 2018, Chapter 3
287          63G-2-302, as last amended by Laws of Utah 2018, Chapters 206, 281, 415, and 461
288          63J-1-220, as last amended by Laws of Utah 2018, Chapters 415 and 456
289     

290     Be it enacted by the Legislature of the state of Utah:
291          Section 1. Section 53G-3-202 is amended to read:
292          53G-3-202. School districts independent of municipal and county governments --
293     School district name -- Control of property.
294          (1) (a) Each school district shall be controlled by its [board of education] local school
295     board and shall be independent of municipal and county governments.
296          (b) The name of each school district created after May 1, 2000, shall comply with
297     Subsection 17-50-103(2)(a).
298          (2) The local school board shall have direction and control of all school property in the
299     district.
300          (3) (a) Each school district shall register and maintain the school district's registration
301     as a limited purpose entity, in accordance with Section 67-1a-15.
302          (b) A school district that fails to comply with Subsection (3)(a) or Section 67-1a-15 is
303     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
304          Section 2. Section 53G-3-301 is amended to read:
305          53G-3-301. Creation of new school district -- Initiation of process -- Procedures
306     to be followed.
307          (1) A new school district may be created from one or more existing school districts, as
308     provided in this section.
309          (2) The process to create a new school district may be initiated:

310          (a) through a citizens' initiative petition;
311          (b) at the request of the local school board of the existing district or districts to be
312     affected by the creation of the new district; or
313          (c) at the request of a city within the boundaries of the school district or at the request
314     of interlocal agreement participants, pursuant to Section 53G-3-302.
315          (3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
316     qualified electors residing within the geographical boundaries of the proposed new school
317     district in an amount equal to at least 15% of all votes cast within the geographic boundaries of
318     the proposed new school district for all candidates for president of the United States at the last
319     regular general election at which a president of the United States was elected.
320          (b) Each request or petition submitted under Subsection (2) shall:
321          (i) be filed with the clerk of each county in which any part of the proposed new school
322     district is located;
323          (ii) indicate the typed or printed name and current residence address of each governing
324     board member making a request, or registered voter signing a petition, as the case may be;
325          (iii) describe the proposed new school district boundaries; and
326          (iv) designate up to five signers of the petition or request as sponsors, one of whom
327     shall be designated as the contact sponsor, with the mailing address and telephone number of
328     each.
329          (c) The process described in Subsection (2)(a) may only be initiated once during any
330     four-year period.
331          (d) A new district may not be formed under Subsection (2) if the student population of
332     the proposed new district is less than 3,000 or the existing district's student population would
333     be less than 3,000 because of the creation of the new school district.
334          (4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
335     withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
336     a written request for withdrawal or reinstatement with the county clerk.
337          (5) Within 45 days after the day on which a petition described in Subsection (2)(a) is

338     filed, or five business days after the day on which a request described in Subsection (2)(b) or
339     (c) is filed, the clerk of each county with which the request or petition is filed shall:
340          (a) determine whether the request or petition complies with Subsections (2) and (3), as
341     applicable; and
342          (b) (i) if the county clerk determines that the request or petition complies with the
343     applicable requirements:
344          (A) certify the request or petition and deliver the certified request or petition to the
345     county legislative body; and
346          (B) mail or deliver written notification of the certification to the contact sponsor; or
347          (ii) if the county clerk determines that the request or petition fails to comply with any
348     of the applicable requirements, reject the request or petition and notify the contact sponsor in
349     writing of the rejection and reasons for the rejection.
350          (6) (a) If the county clerk fails to certify or reject a request or petition within the time
351     specified in Subsection (5), the request or petition is considered to be certified.
352          (b) (i) If the county clerk rejects a request or petition, the person that submitted the
353     request or petition may amend the request or petition to correct the deficiencies for which the
354     request or petition was rejected, and refile the request or petition.
355          (ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
356     after having been rejected by a county clerk.
357          (c) If, on or before December 1, a county legislative body receives a request from a
358     local school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified
359     by the county clerk:
360          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
361     in Subsection (7), on or before January 1;
362          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
363     county legislative body, as provided in Subsection (7), on or before July 1; and
364          (iii) if the legislative body of each county with which a request or petition is filed
365     approves a proposal to create a new district, each legislative body shall submit the proposal to

366     the respective county clerk to be voted on by the electors of each existing district at the regular
367     general or municipal general election held in November.
368          (7) (a) The legislative body of each county with which a request or petition is filed
369     shall appoint an ad hoc advisory committee to review and make recommendations on a request
370     for the creation of a new school district submitted under Subsection (2)(a) or (b).
371          (b) The advisory committee shall:
372          (i) seek input from:
373          (A) those requesting the creation of the new school district;
374          (B) the local school board and school personnel of each existing school district;
375          (C) those citizens residing within the geographical boundaries of each existing school
376     district;
377          (D) the [State Board of Education] state board; and
378          (E) other interested parties;
379          (ii) review data and gather information on at least:
380          (A) the financial viability of the proposed new school district;
381          (B) the proposal's financial impact on each existing school district;
382          (C) the exact placement of school district boundaries; and
383          (D) the positive and negative effects of creating a new school district and whether the
384     positive effects outweigh the negative if a new school district were to be created; and
385          (iii) make a report to the county legislative body in a public meeting on the committee's
386     activities, together with a recommendation on whether to create a new school district.
387          (8) For a request or petition submitted under Subsection (2)(a) or (b):
388          (a) The county legislative body shall provide for a 45-day public comment period on
389     the report and recommendation to begin on the day the report is given under Subsection
390     (7)(b)(iii).
391          (b) Within 14 days after the end of the comment period, the legislative body of each
392     county with which a request or petition is filed shall vote on the creation of the proposed new
393     school district.

394          (c) The proposal is approved if a majority of the members of the legislative body of
395     each county with which a request or petition is filed votes in favor of the proposal.
396          (d) If the proposal is approved, the legislative body of each county with which a
397     request or petition is filed shall submit the proposal to the county clerk to be voted on:
398          (i) by the legal voters of each existing school district affected by the proposal;
399          (ii) in accordance with the procedures and requirements applicable to a regular general
400     election under Title 20A, Election Code; and
401          (iii) at the next regular general election or municipal general election, whichever is
402     first.
403          (e) Creation of the new school district shall occur if a majority of the electors within
404     both the proposed school district and each remaining school district voting on the proposal vote
405     in favor of the creation of the new district.
406          (f) Each county legislative body shall comply with the requirements of Section
407     53G-3-203.
408          (g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
409     approved by the electors, the existing district's documented costs to study and implement the
410     proposal shall be reimbursed by the new district.
411          (9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
412     or (6)(a), the legislative body of each county in which part of the proposed new school district
413     is located shall submit the proposal to the respective clerk of each county to be voted on:
414          (i) by the legal voters residing within the proposed new school district boundaries;
415          (ii) in accordance with the procedures and requirements applicable to a regular general
416     election under Title 20A, Election Code; and
417          (iii) at the next regular general election or municipal general election, whichever is
418     first.
419          (b) (i) If a majority of the legal voters within the proposed new school district
420     boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
421     creation of the new district:

422          (A) each county legislative body shall comply with the requirements of Section
423     53G-3-203; and
424          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5,
425     the new district is created.
426          (ii) Notwithstanding the creation of a new district as provided in Subsection
427     (9)(b)(i)(B):
428          (A) a new school district may not begin to provide educational services to the area
429     within the new district until July 1 of the second calendar year following the local school board
430     general election date described in Subsection 53G-3-302(3)(a)(i);
431          (B) a remaining district may not begin to provide educational services to the area
432     within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
433          (C) each existing district shall continue, until the time specified in Subsection
434     (9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
435     district.
436          Section 3. Section 53G-3-302 is amended to read:
437          53G-3-302. Proposal initiated by a city or by interlocal agreement participants to
438     create a school district -- Boundaries -- Election of local school board members --
439     Allocation of assets and liabilities -- Startup costs -- Transfer of title.
440          (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
441     as determined by the lieutenant governor using the process described in Subsection 67-1a-2(3),
442     may by majority vote of the legislative body, submit for voter approval a measure to create a
443     new school district with boundaries contiguous with that city's boundaries, in accordance with
444     Section 53G-3-301.
445          (b) (i) The determination of all matters relating to the scope, adequacy, and other
446     aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
447     city's legislative body.
448          (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
449     a legal action or other challenge to:

450          (A) an election for voter approval of the creation of a new school district; or
451          (B) the creation of the new school district.
452          (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
453     may, together with one or more other cities, towns, or the county enter into an interlocal
454     agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
455     of submitting for voter approval a measure to create a new school district.
456          (b) (i) In accordance with Section 53G-3-301, interlocal agreement participants under
457     Subsection (2)(a) may submit a proposal for voter approval if:
458          (A) the interlocal agreement participants conduct a feasibility study prior to submitting
459     the proposal to the county;
460          (B) the combined population within the proposed new school district boundaries is at
461     least 50,000;
462          (C) the new school district boundaries:
463          (I) are contiguous;
464          (II) do not completely surround or otherwise completely geographically isolate a
465     portion of an existing school district that is not part of the proposed new school district from
466     the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
467          (III) include the entire boundaries of each participant city or town, except as provided
468     in Subsection (2)(d)(ii); and
469          (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
470          (D) the combined population within the proposed new school district of interlocal
471     agreement participants that have entered into an interlocal agreement proposing to create a new
472     school district is at least 80% of the total population of the proposed new school district.
473          (ii) The determination of all matters relating to the scope, adequacy, and other aspects
474     of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
475     feasibility study or revise a previous feasibility study due to a change in the proposed new
476     school district boundaries, is within the exclusive discretion of the legislative bodies of the
477     interlocal agreement participants that enter into an interlocal agreement to submit for voter

478     approval a measure to create a new school district.
479          (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
480     basis of a legal action or other challenge to:
481          (A) an election for voter approval of the creation of a new school district; or
482          (B) the creation of the new school district.
483          (iv) For purposes of determining whether the boundaries of a proposed new school
484     district cross county lines under Subsection (2)(b)(i)(C)(IV):
485          (A) a municipality located in more than one county and entirely within the boundaries
486     of a single school district is considered to be entirely within the same county as other
487     participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
488     land area and population is located in that same county than outside the county; and
489          (B) a municipality located in more than one county that participates in an interlocal
490     agreement under Subsection (2)(a) with respect to some but not all of the area within the
491     municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
492     not be considered to cross county lines.
493          (c) (i) A county may only participate in an interlocal agreement under this Subsection
494     (2) for the unincorporated areas of the county.
495          (ii) Boundaries of a new school district created under this section may include:
496          (A) a portion of one or more existing school districts; and
497          (B) a portion of the unincorporated area of a county, including a portion of a township.
498          (d) (i) As used in this Subsection (2)(d):
499          (A) "Isolated area" means an area that:
500          (I) is entirely within the boundaries of a municipality that, except for that area, is
501     entirely within a school district different than the school district in which the area is located;
502     and
503          (II) would, because of the creation of a new school district from the existing district in
504     which the area is located, become completely geographically isolated.
505          (B) "Municipality's school district" means the school district that includes all of the

506     municipality in which the isolated area is located except the isolated area.
507          (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
508     an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
509     within the municipality's boundaries if:
510          (A) the portion of the municipality proposed to be included in the new school district
511     would, if not included, become an isolated area upon the creation of the new school district; or
512          (B) (I) the portion of the municipality proposed to be included in the new school
513     district is within the boundaries of the same school district that includes the other interlocal
514     agreement participants; and
515          (II) the portion of the municipality proposed to be excluded from the new school
516     district is within the boundaries of a school district other than the school district that includes
517     the other interlocal agreement participants.
518          (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
519     district may be submitted for voter approval pursuant to an interlocal agreement under
520     Subsection (2)(a), even though the new school district boundaries would create an isolated
521     area, if:
522          (I) the potential isolated area is contiguous to one or more of the interlocal agreement
523     participants;
524          (II) the interlocal participants submit a written request to the municipality in which the
525     potential isolated area is located, requesting the municipality to enter into an interlocal
526     agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
527     create a new school district that includes the potential isolated area; and
528          (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
529     municipality has not entered into an interlocal agreement as requested in the request.
530          (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
531     one or more public hearings to allow input from the public and affected school districts
532     regarding whether or not the municipality should enter into an interlocal agreement with
533     respect to the potential isolated area.

534          (C) (I) This Subsection (2)(d)(iii)(C) applies if:
535          (Aa) a new school district is created under this section after a measure is submitted to
536     voters based on the authority of Subsection (2)(d)(iii)(A); and
537          (Bb) the creation of the new school district results in an isolated area.
538          (II) The isolated area shall, on July 1 of the second calendar year following the local
539     school board general election date described in Subsection (3)(a)(i), become part of the
540     municipality's school district.
541          (III) Unless the isolated area is the only remaining part of the existing district, the
542     process described in Subsection (4) shall be modified to:
543          (Aa) include a third transition team, appointed by the local school board of the
544     municipality's school district, to represent that school district; and
545          (Bb) require allocation of the existing district's assets and liabilities among the new
546     district, the remaining district, and the municipality's school district.
547          (IV) The existing district shall continue to provide educational services to the isolated
548     area until July 1 of the second calendar year following the local school board general election
549     date described in Subsection (3)(a)(i).
550          (3) (a) If a proposal under this section is approved by voters:
551          (i) an election shall be held at the next regular general election to elect:
552          (A) members to the local school board of the existing school district whose terms are
553     expiring;
554          (B) all members to the local school board of the new school district; and
555          (C) all members to the local school board of the remaining district;
556          (ii) the assets and liabilities of the existing school district shall be divided between the
557     remaining school district and the new school district as provided in Subsection (5) and Section
558     53G-3-307;
559          (iii) transferred employees shall be treated in accordance with Sections 53G-3-205 and
560     53G-3-308;
561          (iv) (A) an individual residing within the boundaries of a new school district at the

562     time the new school district is created may, for six school years after the creation of the new
563     school district, elect to enroll in a secondary school located outside the boundaries of the new
564     school district if:
565          (I) the individual resides within the boundaries of that secondary school as of the day
566     before the new school district is created; and
567          (II) the individual would have been eligible to enroll in that secondary school had the
568     new school district not been created; and
569          (B) the school district in which the secondary school is located shall provide
570     educational services, including, if provided before the creation of the new school district,
571     busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
572     year for which the individual makes the election; and
573          (v) within one year after the new district begins providing educational services, the
574     superintendent of each remaining district affected and the superintendent of the new district
575     shall meet, together with the [Superintendent of Public Instruction] state superintendent, to
576     determine if further boundary changes should be proposed in accordance with Section
577     53G-3-501.
578          (b) (i) The terms of the initial members of the local school board of the new district and
579     remaining district shall be staggered and adjusted by the county legislative body so that
580     approximately half of the local school board is elected every two years.
581          (ii) The term of a member of the existing local school board, including a member
582     elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
583     school board general election date described in Subsection (3)(a)(i), regardless of when the
584     term would otherwise have terminated.
585          (iii) Notwithstanding the existence of a local school board for the new district and a
586     local school board for the remaining district under Subsection (3)(a)(i), the local school board
587     of the existing district shall continue, until the time specified in Subsection
588     53G-3-301(9)(b)(ii)(A), to function and exercise authority as a local school board to the extent
589     necessary to continue to provide educational services to the entire existing district.

590          (iv) An individual may simultaneously serve as or be elected to be a member of the
591     local school board of an existing district and a member of the local school board of:
592          (A) a new district; or
593          (B) a remaining district.
594          (4) (a) Within 45 days after the canvass date for the election at which voters approve
595     the creation of a new district:
596          (i) a transition team to represent the remaining district shall be appointed by the
597     members of the existing local school board who reside within the area of the remaining district,
598     in consultation with:
599          (A) the legislative bodies of all municipalities in the area of the remaining district; and
600          (B) the legislative body of the county in which the remaining district is located, if the
601     remaining district includes one or more unincorporated areas of the county; and
602          (ii) another transition team to represent the new district shall be appointed by:
603          (A) for a new district located entirely within the boundaries of a single city, the
604     legislative body of that city; or
605          (B) for each other new district, the legislative bodies of all interlocal agreement
606     participants.
607          (b) The local school board of the existing school district shall, within 60 days after the
608     canvass date for the election at which voters approve the creation of a new district:
609          (i) prepare an inventory of the existing district's:
610          (A) assets, both tangible and intangible, real and personal; and
611          (B) liabilities; and
612          (ii) deliver a copy of the inventory to each of the transition teams.
613          (c) The transition teams appointed under Subsection (4)(a) shall:
614          (i) determine the allocation of the existing district's assets and, except for indebtedness
615     under Section 53G-3-307, liabilities between the remaining district and the new district in
616     accordance with Subsection (5);
617          (ii) prepare a written report detailing how the existing district's assets and, except for

618     indebtedness under Section 53G-3-307, liabilities are to be allocated; and
619          (iii) deliver a copy of the written report to:
620          (A) the local school board of the existing district;
621          (B) the local school board of the remaining district; and
622          (C) the local school board of the new district.
623          (d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
624     deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
625     election at which voters approve the creation of a new district, unless that deadline is extended
626     by the mutual agreement of:
627          (i) the local school board of the existing district; and
628          (ii) (A) the legislative body of the city in which the new district is located, for a new
629     district located entirely within a single city; or
630          (B) the legislative bodies of all interlocal agreement participants, for each other new
631     district.
632          (e) (i) All costs and expenses of the transition team that represents a remaining district
633     shall be borne by the remaining district.
634          (ii) All costs and expenses of the transition team that represents a new district shall
635     initially be borne by:
636          (A) the city whose legislative body appoints the transition team, if the transition team
637     is appointed by the legislative body of a single city; or
638          (B) the interlocal agreement participants, if the transition team is appointed by the
639     legislative bodies of interlocal agreement participants.
640          (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
641     agreement participants for:
642          (A) transition team costs and expenses; and
643          (B) startup costs and expenses incurred by the city or interlocal agreement participants
644     on behalf of the new district.
645          (5) (a) As used in this Subsection (5):

646          (i) "Associated property" means furniture, equipment, or supplies located in or
647     specifically associated with a physical asset.
648          (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
649     (5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
650     employee by law or school district accounting practice.
651          (B) "Discretionary asset or liability" does not include a physical asset, associated
652     property, a vehicle, or bonded indebtedness.
653          (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
654     (5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
655     by law or school district accounting practice.
656          (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
657     property, a vehicle, or bonded indebtedness.
658          (iv) "Physical asset" means a building, land, or water right together with revenue
659     derived from the lease or use of the building, land, or water right.
660          (b) Except as provided in Subsection (5)(c), the transition teams appointed under
661     Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the
662     allocation date, both tangible and intangible, real and personal, to the new district and
663     remaining district as follows:
664          (i) a physical asset and associated property shall be allocated to the school district in
665     which the physical asset is located;
666          (ii) a discretionary asset or liability shall be allocated between the new district and
667     remaining district in proportion to the student populations of the school districts;
668          (iii) a nondiscretionary asset shall be allocated to the school district where the project,
669     school, student, or employee to which the nondiscretionary asset is tied will be located;
670          (iv) vehicles used for pupil transportation shall be allocated:
671          (A) according to the transportation needs of schools, as measured by the number and
672     assortment of vehicles used to serve transportation routes serving schools within the new
673     district and remaining district; and

674          (B) in a manner that gives each school district a fleet of vehicles for pupil
675     transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
676     and
677          (v) other vehicles shall be allocated:
678          (A) in proportion to the student populations of the school districts; and
679          (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
680     condition, and carrying capacities.
681          (c) By mutual agreement, the transition teams may allocate an asset or liability in a
682     manner different than the allocation method specified in Subsection (5)(b).
683          (6) (a) As used in this Subsection (6):
684          (i) "New district startup costs" means:
685          (A) costs and expenses incurred by a new district in order to prepare to begin providing
686     educational services on July 1 of the second calendar year following the local school board
687     general election date described in Subsection (3)(a)(i); and
688          (B) the costs and expenses of the transition team that represents the new district.
689          (ii) "Remaining district startup costs" means:
690          (A) costs and expenses incurred by a remaining district in order to:
691          (I) make necessary adjustments to deal with the impacts resulting from the creation of
692     the new district; and
693          (II) prepare to provide educational services within the remaining district once the new
694     district begins providing educational services within the new district; and
695          (B) the costs and expenses of the transition team that represents the remaining district.
696          (b) (i) By January 1 of the year following the local school board general election date
697     described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
698     reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
699     remaining district and the new district, as provided in this Subsection (6).
700          (ii) The existing district may make additional funds available for the use of the
701     remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)

702     through an interlocal agreement.
703          (c) The existing district shall make the money under Subsection (6)(b) available to the
704     remaining district and the new district proportionately based on student population.
705          (d) The money made available under Subsection (6)(b) may be accessed and spent by:
706          (i) for the remaining district, the local school board of the remaining district; and
707          (ii) for the new district, the local school board of the new district.
708          (e) (i) The remaining district may use its portion of the money made available under
709     Subsection (6)(b) to pay for remaining district startup costs.
710          (ii) The new district may use its portion of the money made available under Subsection
711     (6)(b) to pay for new district startup costs.
712          (7) (a) The existing district shall transfer title or, if applicable, partial title of property
713     to the new school district in accordance with the allocation of property by the transition teams,
714     as stated in the report under Subsection (4)(c)(ii).
715          (b) The existing district shall complete each transfer of title or, if applicable, partial
716     title to real property and vehicles by July 1 of the second calendar year following the local
717     school board general election date described in Subsection (3)(a)(i), except as that date is
718     changed by the mutual agreement of:
719          (i) the local school board of the existing district;
720          (ii) the local school board of the remaining district; and
721          (iii) the local school board of the new district.
722          (c) The existing district shall complete the transfer of all property not included in
723     Subsection (7)(b) by November 1 of the second calendar year after the local school board
724     general election date described in Subsection (3)(a)(i).
725          (8) Except as provided in Subsections (6) and (7), after the creation election date an
726     existing school district may not transfer or agree to transfer title to district property without the
727     prior consent of:
728          (a) the legislative body of the city in which the new district is located, for a new district
729     located entirely within a single city; or

730          (b) the legislative bodies of all interlocal agreement participants, for each other new
731     district.
732          (9) This section does not apply to the creation of a new district initiated through a
733     citizens' initiative petition or at the request of a local school board under Section 53G-3-301.
734          Section 4. Section 53G-3-305 is amended to read:
735          53G-3-305. Reapportionment -- Local school board membership.
736          (1) Upon the creation of a new school district, the county legislative body shall
737     reapportion the affected school districts pursuant to Section 20A-14-201.
738          (2) Except as provided in Section 53G-3-302, local school board membership in the
739     affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of
740     Members of Local Boards of Education.
741          Section 5. Section 53G-3-306 is amended to read:
742          53G-3-306. Transfer of school property to new school district.
743          (1) (a) (i) On July 1 of the year following the local school board elections for a new
744     district created pursuant to a citizens' initiative petition or local school board request under
745     Section 53G-3-301 and an existing district as provided in Section 53G-3-305, the local school
746     board of the existing district shall convey and deliver to the local school board of the new
747     district all school property which the new district is entitled to receive.
748          (ii) Any disagreements as to the disposition of school property shall be resolved by the
749     county legislative body.
750          (iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams
751     about the proper allocation of property under Subsection 53G-3-302(4).
752          (b) An existing district shall transfer property to a new district created under Section
753     53G-3-302 in accordance with Section 53G-3-302.
754          (2) Title vests in the new local school board, including all rights, claims, and causes of
755     action to or for the property, for the use or the income from the property, for conversion,
756     disposition, or withholding of the property, or for any damage or injury to the property.
757          (3) The new local school board may bring and maintain actions to recover, protect, and

758     preserve the property and rights of the district's schools and to enforce contracts.
759          Section 6. Section 53G-3-307 is amended to read:
760          53G-3-307. Tax to pay for indebtedness of divided school district.
761          (1) (a) For a new district created prior to May 10, 2011, the local school boards of the
762     remaining and new districts shall determine the portion of the divided school district's bonded
763     indebtedness and other indebtedness for which the property within the new district remains
764     subject to the levy of taxes to pay a proportionate share of the divided school district's
765     outstanding indebtedness.
766          (b) The proportionate share of the divided school district's outstanding indebtedness for
767     which property within the new district remains subject to the levy of taxes shall be calculated
768     by determining the proportion that the total assessed valuation of the property within the new
769     district bears to the total assessed valuation of the divided school district:
770          (i) in the year immediately preceding the date the new district was created; or
771          (ii) at a time mutually agreed upon by the local school boards of the new district and
772     the remaining district.
773          (c) The agreement reflecting the determinations made under this Subsection (1) shall
774     take effect upon being filed with the county legislative body and the [State Board of Education]
775     state board.
776          (2) (a) Except as provided in Subsection (2)(b), the local school board of a new district
777     created prior to May 10, 2011, shall levy a tax on property within the new district sufficient to
778     pay the new district's proportionate share of the indebtedness determined under Subsection (1).
779          (b) If a new district has money available to pay the new district's proportionate share of
780     the indebtedness determined under Subsection (1), the new district may abate a property tax to
781     the extent of money available.
782          (3) As used in Subsections (4) and (5), "outstanding bonded indebtedness" means debt
783     owed for a general obligation bond issued by the divided school district:
784          (a) prior to the creation of the new district; or
785          (b) in accordance with a mutual agreement of the local school boards of the remaining

786     and new districts under Subsection (6).
787          (4) If a new district is created on or after May 10, 2011, property within the new
788     district and the remaining district is subject to the levy of a tax to pay the divided school
789     district's outstanding bonded indebtedness as provided in Subsection (5).
790          (5) (a) Except as provided in Subsection (5)(b), the local school board of the new
791     district and the local school board of the remaining district shall impose a tax levy at a rate that:
792          (i) generates from the combined districts the amount of revenue required each year to
793     meet the outstanding bonded indebtedness of the divided school district; and
794          (ii) is uniform within the new district and remaining district.
795          (b) A local school board of a new district may abate a property tax required to be
796     imposed under Subsection (5)(a) to the extent the new district has money available to pay to
797     the remaining district the amount of revenue that would be generated within the new district
798     from the tax rate specified in Subsection (5)(a).
799          (6) (a) The local school boards of the remaining and new districts shall determine by
800     mutual agreement the disposition of bonds approved but not issued by the divided school
801     district before the creation of the new district based primarily on the representation made to the
802     voters at the time of the bond election.
803          (b) Before a determination is made under Subsection (6)(a), a remaining district may
804     not issue bonds approved but not issued before the creation of the new district if property in the
805     new district would be subject to the levy of a tax to pay the bonds.
806          Section 7. Section 53G-3-308 is amended to read:
807          53G-3-308. Employees of a new district.
808          (1) Upon the creation of a new district:
809          (a) an employee of an existing district who is employed at a school that is transferred to
810     the new district shall become an employee of the new district; and
811          (b) the local school board of the new district shall:
812          (i) have discretion in the hiring of all other staff;
813          (ii) adopt the personnel policies and practices of the existing district, including salary

814     schedules and benefits; and
815          (iii) enter into agreements with employees of the new district, or their representatives,
816     that have the same terms as those in the negotiated agreements between the existing district and
817     its employees.
818          (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
819     district is created who becomes an employee of the new district shall retain the same status as a
820     career or provisional employee with accrued seniority and accrued benefits.
821          (b) Subsection (2)(a) applies to:
822          (i) employees of an existing district who are transferred to a new district pursuant to
823     Subsection (1)(a); and
824          (ii) employees of a school district from which a new district is created who are hired by
825     the new district within one year of the date of the creation of the new district.
826          (3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
827     is rehired by the existing district within one year of the date of the creation of the new district
828     shall, when rehired by the existing district, retain the same status as a career or provisional
829     employee with accrued seniority and accrued benefits.
830          Section 8. Section 53G-3-401 is amended to read:
831          53G-3-401. Consolidation of school districts -- Resolution by local school board
832     members -- Petition by electors -- Election.
833          (1) Two or more school districts may unite and form a single school district in one of
834     the following ways:
835          (a) a majority of the members of each of the local school boards [of education] of the
836     affected districts shall approve and present to the county legislative body of the affected
837     counties a resolution to consolidate the districts. Once this is done, consolidation shall be
838     established under this chapter; or
839          (b) a majority of the members of the local school board [of education] of each affected
840     district, or 15% of the qualified electors in each of the affected districts, shall sign and present a
841     petition to the county legislative body of each affected county. The question shall be voted

842     upon at an election called for that purpose, which shall be the next general or municipal
843     election. Consolidation shall occur if a majority of those voting on the question in each district
844     favor consolidation.
845          (2) The elections required under Subsection (1)(b) shall be conducted and the returns
846     canvassed as provided by election laws.
847          Section 9. Section 53G-3-402 is amended to read:
848          53G-3-402. Transfer of property to new school district -- Rights and obligations
849     of new local school board -- Outstanding indebtedness -- Special tax.
850          (1) On July 1 following the approval of the creation of a new school district under
851     Section 53G-3-401, the local school boards of the former districts shall convey and deliver all
852     school property to the local school board of the new district. Title vests in the new local school
853     board. All rights, claims, and causes of action to or for the property, for the use or the income
854     from the property, for conversion, disposition, or withholding of the property, or for any
855     damage or injury to the property vest at once in the new local school board.
856          (2) The new local school board may bring and maintain actions to recover, protect, and
857     preserve the property and rights of the district schools and to enforce contracts.
858          (3) The new local school board shall assume and be liable for all outstanding debts and
859     obligations of each of the former school districts.
860          (4) All of the bonded indebtedness, outstanding debts, and obligations of a former
861     district, which cannot be reasonably paid from the assets of the former district, shall be paid by
862     a special tax levied by the new local school board as needed. The tax shall be levied upon the
863     property within the former district which was liable for the indebtedness at the time of
864     consolidation. If bonds are approved in the new district under Section 53G-4-603, the special
865     tax shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness
866     of the new district.
867          (5) Bonded indebtedness of a former district which has been refunded shall be paid in
868     the same manner as that which the new district assumes under Section 53G-4-602.
869          (6) State funds received by the new district under Section 53F-3-202 may be applied

870     toward the payment of outstanding bonded indebtedness of a former district in the same
871     proportion as the bonded indebtedness of the territory within the former district bears to the
872     total bonded indebtedness of the districts combined.
873          Section 10. Section 53G-3-404 is amended to read:
874          53G-3-404. Additional levies -- Local school board options to abolish or continue
875     after consolidation.
876          (1) If a school district that has approved an additional levy under Section 53F-8-301 is
877     consolidated with a district which does not have such a levy, the local school board [of
878     education] of the consolidated district may choose to abolish the levy, or apply it in whole or in
879     part to the entire consolidated district.
880          (2) If the local school board chooses to apply any part of the levy to the entire district,
881     the levy may continue in force for no more than three years, unless approved by the electors of
882     the consolidated district in the manner set forth in Section 53F-8-301.
883          Section 11. Section 53G-3-501 is amended to read:
884          53G-3-501. Transfer of a portion of a school district -- State board resolution --
885     Local school board petition -- Elector petition -- Transfer election.
886          (1) Part of a school district may be transferred to another district in one of the
887     following ways:
888          (a) presentation to the county legislative body of each of the affected counties of a
889     resolution requesting the transfer, approved by at least four-fifths of the members of the local
890     school board [of education] of each affected school district;
891          (b) presentation to the county legislative body of each affected county of a petition
892     requesting that the electors vote on the transfer, signed by a majority of the members of the
893     local school board of each affected school district; or
894          (c) presentation to the county legislative body of each affected county of a petition
895     requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
896     of the affected school districts within that county.
897          (2) (a) If an annexation of property by a city would result in its residents being served

898     by more than one school district, then the presidents of the affected local school boards shall
899     meet within 60 days prior to the effective date of the annexation to determine whether it would
900     be advisable to adjust school district boundaries to permit all residents of the expanded city to
901     be served by a single school district.
902          (b) Upon conclusion of the meeting, the local school board presidents shall prepare a
903     recommendation for presentation to their respective local school boards as soon as reasonably
904     possible.
905          (c) The local school boards may then initiate realignment proceedings under
906     Subsection (1)(a) or (b).
907          (d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
908     local school board may initiate the following procedures by majority vote within 60 days of the
909     vote rejecting realignment:
910          (i) (A) within 30 days after a vote to initiate these procedures, each local school board
911     shall appoint one member to a boundary review committee; or
912          (B) if the local school board becomes deadlocked in selecting the appointee under
913     Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or serve as
914     the appointee to the review committee.
915          (ii) The two local school board-appointed members of the committee shall meet and
916     appoint a third member of the committee.
917          (iii) If the two local school board-appointed members are unable to agree on the
918     appointment of a third member within 30 days after both are appointed, the [State
919     Superintendent of Public Instruction] state superintendent shall appoint the third member.
920          (iv) The committee shall meet as necessary to prepare recommendations concerning
921     resolution of the realignment issue, and shall submit the recommendations to the affected local
922     school boards within six months after the appointment of the third member of the committee.
923          (v) If a majority of the members of each local school board accepts the
924     recommendation of the committee, or accepts the recommendation after amendment by the
925     local school boards, then the accepted recommendation shall be implemented.

926          (vi) If the committee fails to submit its recommendation within the time allotted, or if
927     one local school board rejects the recommendation, the affected local school boards may agree
928     to extend the time for the committee to prepare an acceptable recommendation or either local
929     school board may request the [State Board of Education] state board to resolve the question.
930          (vii) If the committee has submitted a recommendation which the state board finds to
931     be reasonably supported by the evidence, the state board shall adopt the committee's
932     recommendation.
933          (viii) The decision of the state board is final.
934          (3) (a) The electors of each affected district shall vote on the transfer requested under
935     Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
936     election.
937          (b) The election shall be conducted and the returns canvassed as provided by election
938     law.
939          (c) A transfer is effected only if a majority of votes cast by the electors in both the
940     proposed transferor district and in the proposed transferee district are in favor of the transfer.
941          Section 12. Section 53G-3-502 is amended to read:
942          53G-3-502. Transfer of school district property -- Indebtedness on transferred
943     property.
944          (1) If a transfer of a portion of one school district to another school district is approved
945     under Section 53G-3-501, the state superintendent and the superintendents and presidents of
946     the local school boards [of education] of each of the affected school districts shall determine
947     the basis for a transfer of all school property reasonably and fairly allocable to that portion
948     being transferred.
949          (2) (a) Title to property transferred vests in the transferee local school board [of
950     education].
951          (b) The transfer of a school building that is in operation at the time of determination
952     shall be made at the close of a fiscal year.
953          (c) The transfer of all other school property shall be made five days after approval of

954     the transfer of territory under Section 53G-3-501.
955          (3) (a) The individuals referred to in Subsection (1) shall determine the portion of
956     bonded indebtedness and other indebtedness of the transferor local school board for which the
957     transferred property remains subject to the levy of taxes to pay a proportionate share of the
958     outstanding indebtedness of the transferor local school board.
959          (b) This is done by:
960          (i) determining the amount of the outstanding bonded indebtedness and other
961     indebtedness of the transferor local school board [of education];
962          (ii) determining the total taxable value of the property of the transferor district and the
963     taxable value of the property to be transferred; and
964          (iii) calculating the portion of the indebtedness of the transferor local school board for
965     which the transferred portion retains liability.
966          (4) (a) The agreement reflecting these determinations takes effect upon being filed with
967     the [State Board of Education] state board.
968          (b) The transferred property remains subject to the levy of taxes to pay a proportionate
969     share of the outstanding indebtedness of the transferor local school board.
970          (c) The transferee local school board may assume the obligation to pay the
971     proportionate share of the transferor local school board's indebtedness that has been determined
972     under Subsection (3) to be the obligation of the transferred portion by the approval of a
973     resolution by a majority of the qualified electors of the transferee school district at an election
974     called and held for that purpose under Title 11, Chapter 14, Local Government Bonding Act.
975          (5) If the transferee school district assumes the obligation to pay this proportionate
976     share of the transferor local school board's indebtedness, the transferee local school board shall
977     levy a tax in the whole of the transferee district, including the transferred portion, sufficient to
978     pay the assumed indebtedness, and shall turn over the proceeds of the tax to the business
979     administrator of the transferor local school board.
980          (6) If the transferee local school board does not assume this obligation, the transferee
981     local school board shall levy a tax on the transferred territory sufficient to pay the proportionate

982     share of the indebtedness determined under this section, and shall turn over the proceeds of the
983     tax to the business administrator of the transferor local school board.
984          (7) For the purposes of school districts affected by repealed laws governing the
985     annexation of an unincorporated area of a school district by a city which included what was
986     formerly known as a city school district, transitions of unincorporated areas and property from
987     the transferor district to the transferee district in progress on the effective date of this act shall
988     revert to the boundaries and ownership prior to the initiation of annexation and may then
989     proceed under this section and Section 53G-3-501.
990          Section 13. Section 53G-3-503 is amended to read:
991          53G-3-503. Additional levies in transferred territory -- Transferee local school
992     board option to abolish or continue.
993          If two or more districts undergo restructuring that results in a district receiving territory
994     that increases the population of the district by at least 25%, and if the transferred territory was,
995     at the time of transfer, subject to an additional levy under Section 53F-8-301, the local school
996     board [of education] of the transferee district may abolish the levy or apply the levy in whole or
997     in part to the entire restructured district. Any such levy made applicable to the entire district
998     may continue in force for no more than five years, unless approved by the electors of the
999     restructured district in the manner set forth in Section 53F-8-301.
1000          Section 14. Section 53G-4-201 is amended to read:
1001          53G-4-201. Selection and election of members to local school boards.
1002          Members of local school boards [of education] shall be elected as provided in Title
1003     20A, Chapter 14, Nomination and Election of State and Local School Boards.
1004          Section 15. Section 53G-4-202 is amended to read:
1005          53G-4-202. Local school board meetings -- Rules of order and procedure --
1006     Location requirements -- Expulsion of members prohibited -- Exceptions.
1007          (1) As used in this section:
1008          (a) "Disaster" means an event that:
1009          (i) causes, or threatens to cause, loss of life, human suffering, public or private property

1010     damage, or economic or social disruption resulting from attack, internal disturbance, natural
1011     phenomenon, or technological hazard; and
1012          (ii) requires resources that are beyond the scope of local agencies in routine responses
1013     to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
1014     require a response by a governmental, not-for-profit, or private entity.
1015          (b) "Local emergency" means a condition in any municipality or county of the state that
1016     requires that emergency assistance be provided by the affected municipality or county or
1017     another political subdivision to save lives and protect property within its jurisdiction in
1018     response to a disaster or to avoid or reduce the threat of a disaster.
1019          (c) "Rules of order and procedure" means a set of [rules] policies that governs and
1020     prescribes in a public meeting:
1021          (i) parliamentary order and procedure;
1022          (ii) ethical behavior; and
1023          (iii) civil discourse.
1024          (2) Subject to Subsection (4), a local school board shall:
1025          (a) adopt rules of order and procedure to govern a public meeting of the local school
1026     board;
1027          (b) conduct a public meeting in accordance with the rules of order and procedure
1028     described in Subsection (2)(a); and
1029          (c) make the rules of order and procedure described in Subsection (2)(a) available to
1030     the public:
1031          (i) at each public meeting of the local school board; and
1032          (ii) on the local school board's public website, if available.
1033          (3) (a) Except as provided in Subsections (3)(b) and (c), a local school board may not
1034     hold a public meeting outside of the geographic boundary of the local school board's school
1035     district.
1036          (b) A local school board may hold a public meeting outside of the geographic boundary
1037     of the local school board's school district if it is necessary for the local school board to hold a

1038     meeting during a disaster or local emergency.
1039          (c) A local school board may hold a public meeting outside of the geographic boundary
1040     of the local school board's school district to conduct a site visit if:
1041          (i) the location of the site visit provides the local school board members the
1042     opportunity to see or experience an activity that:
1043          (A) relates to the local school board's responsibilities; and
1044          (B) does not exist within the geographic boundaries of the local school board's school
1045     district; and
1046          (ii) the local school board does not vote or take other action during the public meeting
1047     held at the site visit location.
1048          (d) This Subsection (3) does not apply to a charter school governing board.
1049          (4) The requirements of this section do not affect a local school board's duty to comply
1050     with Title 52, Chapter 4, Open and Public Meetings Act.
1051          (5) (a) Except as provided in Subsection (5)(b), a local school board may not expel a
1052     member of the local school board from an open public meeting or prohibit the member from
1053     attending an open public meeting.
1054          (b) Except as provided in Subsection (5)(c), following a two-thirds vote of the
1055     members of the local school board, the local school board may fine or expel a member of the
1056     local school board for:
1057          (i) disorderly conduct at the open public meeting;
1058          (ii) a member's direct or indirect financial conflict of interest regarding an issue
1059     discussed at or action proposed to be taken at the open public meeting; or
1060          (iii) a commission of a crime during the open public meeting.
1061          (c) A local school board may adopt [rules] policies or ordinances that expand the
1062     reasons or establish more restrictive procedures for the expulsion of a member from a public
1063     meeting.
1064          Section 16. Section 53G-4-203 is amended to read:
1065          53G-4-203. Election of officers -- Terms -- Time of election -- Removal of officers

1066     -- Quorum requirements.
1067          (1) A local school board shall elect a president and a [vice-president] vice president
1068     whose terms of office are for two years and until their successors are elected.
1069          (2) The elections shall be held during the first local school board meeting in January
1070     following a regular local school board election held in the district.
1071          (3) An officer appointed or elected by a local school board may be removed from
1072     office for cause by a vote of two-thirds of the local school board.
1073          (4) When a vacancy occurs in the office of president or vice president of the local
1074     school board for any reason, a replacement shall be elected for the unexpired term.
1075          (5) Attendance of a simple majority of the local school board members constitutes a
1076     quorum for the transaction of official business.
1077          Section 17. Section 53G-4-204 is amended to read:
1078          53G-4-204. Compensation for services -- Additional per diem -- Approval of
1079     expenses.
1080          (1) Each member of a local school board, except the student member, shall receive
1081     compensation for services and for necessary expenses in accordance with [board]
1082     compensation schedules adopted by the local school board in accordance with the provisions of
1083     this section.
1084          (2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
1085     [board] compensation schedules, the local school board shall set a time and place for a public
1086     hearing at which all interested persons shall be given an opportunity to be heard.
1087          (3) Notice of the time, place, and purpose of the meeting shall be provided at least
1088     seven days prior to the meeting by:
1089          (a) (i) publication at least once in a newspaper published in the county where the
1090     school district is situated and generally circulated within the school district; and
1091          (ii) publication on the Utah Public Notice Website created in Section 63F-1-701; and
1092          (b) posting a notice:
1093          (i) at each school within the school district;

1094          (ii) in at least three other public places within the school district; and
1095          (iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
1096          (4) After the conclusion of the public hearing, the local school board may adopt or
1097     amend its [board] compensation schedules.
1098          (5) Each member shall submit an itemized account of necessary travel expenses for
1099     local school board approval.
1100          (6) A local school board may, without following the procedures described in
1101     Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
1102     July 1, 2007, until, at the discretion of the local school board, the compensation schedule is
1103     amended or a new compensation schedule is adopted.
1104          Section 18. Section 53G-4-205 is amended to read:
1105          53G-4-205. Duties of president.
1106          (1) The president of each local school board shall preside at all meetings of the local
1107     school board, appoint all committees, and sign all warrants ordered by the local school board to
1108     be drawn upon the business administrator for school money.
1109          (2) If the president is absent or acquires a disability, these duties are performed by the
1110     vice president.
1111          Section 19. Section 53G-4-303 is amended to read:
1112          53G-4-303. Duties of business administrator.
1113          Subject to the direction of the district superintendent of schools, the district's business
1114     administrator shall:
1115          (1) attend all meetings of the local school board, keep an accurate record of its
1116     proceedings, and have custody of the seal and records;
1117          (2) be custodian of all district funds, be responsible and accountable for all money
1118     received and disbursed, and keep accurate records of all revenues received and their sources;
1119          (3) countersign with the president of the local school board all warrants and claims
1120     against the district as well as other legal documents approved by the local school board;
1121          (4) prepare and submit to the local school board each month a written report of the

1122     district's receipts and expenditures;
1123          (5) use uniform budgeting, accounting, and auditing procedures and forms approved by
1124     the [State Board of Education] state board, which shall be in accordance with generally
1125     accepted accounting principles or auditing standards and Title 63J, Chapter 1, Budgetary
1126     Procedures Act;
1127          (6) prepare and submit to the local school board a detailed annual statement for the
1128     period ending June 30, of the revenue and expenditures, including beginning and ending fund
1129     balances;
1130          (7) assist the superintendent in the preparation and submission of budget documents
1131     and statistical and fiscal reports required by law or the [State Board of Education] state board;
1132          (8) insure that adequate internal controls are in place to safeguard the district's funds;
1133     and
1134          (9) perform other duties as the superintendent may require.
1135          Section 20. Section 53G-4-304 is amended to read:
1136          53G-4-304. Other local school board officers.
1137          (1) A local school board may appoint other necessary officers who serve at the pleasure
1138     of the local school board.
1139          (2) These officers shall qualify by taking the constitutional oath of office before
1140     assuming office.
1141          Section 21. Section 53G-4-401 is amended to read:
1142          53G-4-401. Local school boards are bodies corporate -- Seal -- Authority to sue --
1143     Conveyance of property -- Duty to residents of the local school board member's district --
1144     Establishment of public education foundation .
1145          (1) As used in this section, "body corporate" means a public corporation and legal
1146     subdivision of the state, vested with the powers and duties of a government entity as specified
1147     in this chapter.
1148          (2) The local school board [of education] of a school district is a body corporate under
1149     the name of the "Board of Education of .......... School District" (inserting the proper name), and

1150     shall have an official seal conformable to its name.
1151          (3) The seal is used by its business administrator in the authentication of all required
1152     matters.
1153          (4) A local school board may sue and be sued, and may take, hold, lease, sell, and
1154     convey real and personal property as the interests of the schools may require.
1155          (5) Notwithstanding a local school board's status as a body corporate, an elected
1156     member of a local school board serves and represents the residents of the local school board
1157     member's district, and that service and representation may not be restricted or impaired by the
1158     local school board member's membership on, or obligations to, the local school board.
1159          (6) A local school board may establish a foundation in accordance with Section
1160     53E-3-403.
1161          Section 22. Section 53G-4-402 is amended to read:
1162          53G-4-402. Powers and duties generally.
1163          (1) A local school board shall:
1164          (a) implement the core standards for Utah public schools using instructional materials
1165     that best correlate to the core standards for Utah public schools and graduation requirements;
1166          (b) administer tests, required by the [State Board of Education] state board, which
1167     measure the progress of each student, and coordinate with the state superintendent and [State
1168     Board of Education] state board to assess results and create plans to improve the student's
1169     progress, which shall be submitted to the [State Board of Education] state board for approval;
1170          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1171     students that need remediation and determine the type and amount of federal, state, and local
1172     resources to implement remediation;
1173          (d) develop early warning systems for students or classes failing to make progress;
1174          (e) work with the [State Board of Education] state board to establish a library of
1175     documented best practices, consistent with state and federal regulations, for use by the local
1176     districts; and
1177          (f) implement training programs for school administrators, including basic

1178     management training, best practices in instructional methods, budget training, staff
1179     management, managing for learning results and continuous improvement, and how to help
1180     every child achieve optimal learning in basic academic subjects.
1181          (2) Local school boards shall spend [minimum school program] Minimum School
1182     Program funds for programs and activities for which the [State Board of Education] state board
1183     has established minimum standards or rules under Section 53E-3-501.
1184          (3) (a) A local school board may purchase, sell, and make improvements on school
1185     sites, buildings, and equipment and construct, erect, and furnish school buildings.
1186          (b) School sites or buildings may only be conveyed or sold on local school board
1187     resolution affirmed by at least two-thirds of the members.
1188          (4) (a) A local school board may participate in the joint construction or operation of a
1189     school attended by children residing within the district and children residing in other districts
1190     either within or outside the state.
1191          (b) Any agreement for the joint operation or construction of a school shall:
1192          (i) be signed by the president of the local school board of each participating district;
1193          (ii) include a mutually agreed upon pro rata cost; and
1194          (iii) be filed with the [State Board of Education] state board.
1195          (5) A local school board may establish, locate, and maintain elementary, secondary,
1196     and applied technology schools.
1197          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
1198     in school who are at least five years of age before September 2 of the year in which admission
1199     is sought.
1200          (7) A local school board may establish and support school libraries.
1201          (8) A local school board may collect damages for the loss, injury, or destruction of
1202     school property.
1203          (9) A local school board may authorize guidance and counseling services for children
1204     and their parents [or guardians] before, during, or following enrollment of the children in
1205     schools.

1206          (10) (a) A local school board shall administer and implement federal educational
1207     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1208     Education Programs.
1209          (b) Federal funds are not considered funds within the school district budget under
1210     Chapter 7, Part 3, Budgets.
1211          (11) (a) A local school board may organize school safety patrols and adopt [rules]
1212     policies under which the patrols promote student safety.
1213          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1214     parental consent for the appointment.
1215          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1216     of a highway intended for vehicular traffic use.
1217          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
1218     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1219     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1220          (12) (a) A local school board may on its own behalf, or on behalf of an educational
1221     institution for which the local school board is the direct governing body, accept private grants,
1222     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1223          (b) These contributions are not subject to appropriation by the Legislature.
1224          (13) (a) A local school board may appoint and fix the compensation of a compliance
1225     officer to issue citations for violations of Subsection 76-10-105(2).
1226          (b) A person may not be appointed to serve as a compliance officer without the
1227     person's consent.
1228          (c) A teacher or student may not be appointed as a compliance officer.
1229          (14) A local school board shall adopt bylaws and [rules] policies for the local school
1230     board's own procedures.
1231          (15) (a) A local school board shall make and enforce [rules] policies necessary for the
1232     control and management of the district schools.
1233          (b) [Board rules and] Local school board policies shall be in writing, filed, and

1234     referenced for public access.
1235          (16) A local school board may hold school on legal holidays other than Sundays.
1236          (17) (a) A local school board shall establish for each school year a school traffic safety
1237     committee to implement this Subsection (17).
1238          (b) The committee shall be composed of one representative of:
1239          (i) the schools within the district;
1240          (ii) the Parent Teachers' Association of the schools within the district;
1241          (iii) the municipality or county;
1242          (iv) state or local law enforcement; and
1243          (v) state or local traffic safety engineering.
1244          (c) The committee shall:
1245          (i) receive suggestions from school community councils, parents, teachers, and others
1246     and recommend school traffic safety improvements, boundary changes to enhance safety, and
1247     school traffic safety program measures;
1248          (ii) review and submit annually to the Department of Transportation and affected
1249     municipalities and counties a child access routing plan for each elementary, middle, and junior
1250     high school within the district;
1251          (iii) consult the Utah Safety Council and the Division of Family Health Services and
1252     provide training to all school children in kindergarten through grade [six] 6, within the district,
1253     on school crossing safety and use; and
1254          (iv) help ensure the district's compliance with rules made by the Department of
1255     Transportation under Section 41-6a-303.
1256          (d) The committee may establish subcommittees as needed to assist in accomplishing
1257     its duties under Subsection (17)(c).
1258          (18) (a) A local school board shall adopt and implement a comprehensive emergency
1259     response plan to prevent and combat violence in the local school board's public schools, on
1260     school grounds, on its school vehicles, and in connection with school-related activities or
1261     events.

1262          (b) The plan shall:
1263          (i) include prevention, intervention, and response components;
1264          (ii) be consistent with the student conduct and discipline policies required for school
1265     districts under Chapter 11, Part 2, Miscellaneous Requirements;
1266          (iii) require inservice training for all district and school building staff on what their
1267     roles are in the emergency response plan;
1268          (iv) provide for coordination with local law enforcement and other public safety
1269     representatives in preventing, intervening, and responding to violence in the areas and activities
1270     referred to in Subsection (18)(a); and
1271          (v) include procedures to notify a student, to the extent practicable, who is off campus
1272     at the time of a school violence emergency because the student is:
1273          (A) participating in a school-related activity; or
1274          (B) excused from school for a period of time during the regular school day to
1275     participate in religious instruction at the request of the student's parent [or guardian].
1276          (c) The [State Board of Education] state board, through the state superintendent [of
1277     public instruction], shall develop comprehensive emergency response plan models that local
1278     school boards may use, where appropriate, to comply with Subsection (18)(a).
1279          (d) A local school board shall, by July 1 of each year, certify to the [State Board of
1280     Education] state board that its plan has been practiced at the school level and presented to and
1281     reviewed by its teachers, administrators, students, and their parents and local law enforcement
1282     and public safety representatives.
1283          (19) (a) A local school board may adopt an emergency response plan for the treatment
1284     of sports-related injuries that occur during school sports practices and events.
1285          (b) The plan may be implemented by each secondary school in the district that has a
1286     sports program for students.
1287          (c) The plan may:
1288          (i) include emergency personnel, emergency communication, and emergency
1289     equipment components;

1290          (ii) require inservice training on the emergency response plan for school personnel who
1291     are involved in sports programs in the district's secondary schools; and
1292          (iii) provide for coordination with individuals and agency representatives who:
1293          (A) are not employees of the school district; and
1294          (B) would be involved in providing emergency services to students injured while
1295     participating in sports events.
1296          (d) The local school board, in collaboration with the schools referred to in Subsection
1297     (19)(b), may review the plan each year and make revisions when required to improve or
1298     enhance the plan.
1299          (e) The [State Board of Education] state board, through the state superintendent [of
1300     public instruction], shall provide local school boards with an emergency plan response model
1301     that local school boards may use to comply with the requirements of this Subsection (19).
1302          (20) A local school board shall do all other things necessary for the maintenance,
1303     prosperity, and success of the schools and the promotion of education.
1304          (21) (a) Before closing a school or changing the boundaries of a school, a local school
1305     board shall:
1306          (i) hold a public hearing, as defined in Section 10-9a-103; and
1307          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
1308          (b) The notice of a public hearing required under Subsection (21)(a) shall:
1309          (i) indicate the:
1310          (A) school or schools under consideration for closure or boundary change; and
1311          (B) date, time, and location of the public hearing; and
1312          (ii) at least 10 days before the public hearing, be:
1313          (A) published:
1314          (I) in a newspaper of general circulation in the area; and
1315          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
1316          (B) posted in at least three public locations within the municipality or on the district's
1317     official website.

1318          (22) A local school board may implement a facility energy efficiency program
1319     established under Title 11, Chapter 44, Performance Efficiency Act.
1320          (23) A local school board may establish or partner with a certified youth court
1321     program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
1322     restorative justice program, in coordination with schools in that district. A school may refer a
1323     student to youth court or a comparable restorative justice program in accordance with Section
1324     53G-8-211.
1325          Section 23. Section 53G-4-403 is amended to read:
1326          53G-4-403. School district fiscal year -- Statistical reports.
1327          (1) A school district's fiscal year begins on July 1 and ends on June 30.
1328          (2) (a) A school district shall forward statistical reports for the preceding school year,
1329     containing items required by law or by the [State Board of Education] state board, to the state
1330     superintendent on or before November 1 of each year.
1331          (b) The reports shall include information to enable the state superintendent to complete
1332     the statement required under Subsection 53E-3-301(3)(d)(v).
1333          (3) A school district shall forward the accounting report required under Section
1334     51-2a-201 to the state superintendent on or before October 15 of each year.
1335          Section 24. Section 53G-4-404 is amended to read:
1336          53G-4-404. Annual financial report -- Audit report.
1337          (1) The annual financial report of each school district, containing items required by law
1338     or by the [State Board of Education] state board and attested to by independent auditors, shall
1339     be prepared as required by Section 51-2a-201.
1340          (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
1341     field work in sufficient time to allow them to verify necessary audit adjustments included in the
1342     annual financial report to the state superintendent.
1343          (3) (a) (i) The district shall forward the annual financial report to the state
1344     superintendent not later than October 1.
1345          (ii) The report shall include information to enable the state superintendent to complete

1346     the statement required under Subsection 53E-3-301(3)(d)(v).
1347          (b) The [State Board of Education] state board shall publish electronically a copy of the
1348     report on the Internet not later than December 15.
1349          (4) The completed audit report shall be delivered to the school district local school
1350     board [of education] and the state superintendent [of public instruction] not later than
1351     November 30 of each year.
1352          Section 25. Section 53G-4-405 is amended to read:
1353          53G-4-405. Approval of purchases or indebtedness -- Local school board
1354     approval of identified purchases.
1355          (1) An officer or employee of a school district may not make a purchase or incur
1356     indebtedness on behalf of the district without the approval and order of the local school board.
1357          (2) The local school board shall adopt one of the following approval methods, or a
1358     combination of the two:
1359          (a) The local school board shall approve an appropriation for identified purchases in
1360     the district budget. Each purchase made under an identified purchase does not require
1361     additional local school board approval.
1362          (b) The local school board shall approve individual purchases when made throughout
1363     the fiscal year.
1364          Section 26. Section 53G-4-406 is amended to read:
1365          53G-4-406. Claims against the local school board -- Itemized.
1366          Except for salary which is regularly authorized by the local school board, the local
1367     school board may not hear or consider any claim against the local school board which is not
1368     itemized.
1369          Section 27. Section 53G-4-409 is amended to read:
1370          53G-4-409. Activity disclosure statements.
1371          (1) A local school board shall require the development of activity disclosure statements
1372     for each school-sponsored group or program which involves students and faculty in grades 9
1373     through 12 in contests, performances, events, or other activities that require them to miss

1374     normal class time or takes place outside regular school time.
1375          (2) The activity disclosure statements shall be disseminated to the students desiring
1376     involvement in the specific activity or to the students' parents [or legal guardians] or to both
1377     students and their parents.
1378          (3) An activity disclosure statement shall contain the following information:
1379          (a) the specific name of the team, group, or activity;
1380          (b) the maximum number of students involved;
1381          (c) whether or not tryouts are used to select students, specifying date and time
1382     requirements for tryouts, if applicable;
1383          (d) beginning and ending dates of the activity;
1384          (e) a tentative schedule of the events, performances, games, or other activities with
1385     dates, times, and places specified if available;
1386          (f) if applicable, designation of any nonseason events or activities, including an
1387     indication of the status, required, expected, suggested, or optional, with the dates, times, and
1388     places specified;
1389          (g) personal costs associated with the activity;
1390          (h) the name of the school employee responsible for the activity; and
1391          (i) any additional information considered important for the students and parents to
1392     know.
1393          Section 28. Section 53G-4-410 is amended to read:
1394          53G-4-410. Regional service centers.
1395          (1) For purposes of this section, "eligible regional service center" means a regional
1396     service center formed by two or more school districts as an interlocal entity, in accordance with
1397     Title 11, Chapter 13, Interlocal Cooperation Act.
1398          (2) The Legislature strongly encourages school districts to collaborate and cooperate to
1399     provide educational services in a manner that will best utilize resources for the overall
1400     operation of the public education system.
1401          (3) An eligible regional service center formed by an interlocal agreement, in

1402     accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
1403     described in Subsection (5) if the Legislature appropriates money for eligible regional service
1404     centers.
1405          (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
1406     a regional service center in operation before July 1, 2011, the interlocal agreement may not
1407     eliminate any rights or obligations of the regional service center in effect before entering into
1408     the interlocal agreement.
1409          (b) An interlocal agreement entered into to confirm or formalize an existing regional
1410     service center shall have the effect of confirming and ratifying in the regional service center,
1411     the title to any property held in the name, or for the benefit of the regional service center as of
1412     the effective date of the interlocal agreement.
1413          (5) (a) The [State Board of Education] state board shall distribute any funding
1414     appropriated to eligible regional service centers as provided by the Legislature.
1415          (b) The [State Board of Education] state board may provide funding to an eligible
1416     regional service center in addition to legislative appropriations.
1417          (6) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1418     the State Board of Education] The state board shall make rules regarding eligible regional
1419     service centers including:
1420          (a) the distribution of legislative appropriations to eligible regional service centers;
1421          (b) the designation of eligible regional service centers as agents to distribute Utah
1422     Education and Telehealth Network services; and
1423          (c) the designation of eligible regional service centers as agents for regional
1424     coordination of public education and higher education services.
1425          Section 29. Section 53G-4-502 is amended to read:
1426          53G-4-502. Utah School Boards Association.
1427          The Utah School Boards Association is recognized as an organization and agency of the
1428     local school boards of Utah and is representative of those local school boards.
1429          Section 30. Section 53G-4-503 is amended to read:

1430          53G-4-503. Boards of education authorized to become members of association.
1431          The [State Board of Education] state board, local school boards, and their agencies may
1432     become members of the Utah School Boards Association and cooperate with the association
1433     and its members on activities and problems relating to the state's educational system.
1434          Section 31. Section 53G-4-602 is amended to read:
1435          53G-4-602. School district tax anticipation notes.
1436          (1) A local school board may borrow money in anticipation of the collection of taxes or
1437     other revenue of the school district so long as it complies with Title 11, Chapter 14, Local
1438     Government Bonding Act.
1439          (2) The local school board may incur indebtedness under this section for any purpose
1440     for which district funds may be expended, but not in excess of the estimated district revenues
1441     for the current school year.
1442          (3) Revenues include all revenues of the district from the state or any other source.
1443          (4) The district may incur the indebtedness prior to imposing or collecting the taxes or
1444     receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
1445          Section 32. Section 53G-4-604 is amended to read:
1446          53G-4-604. Consolidated school district bonds.
1447          (1) A consolidated county school district may issue bonds, without an election, to fund,
1448     purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to
1449     consolidation and assumed by the consolidated school district.
1450          (2) The legality, regularity, and validity of the outstanding indebtedness shall be
1451     determined in the same manner used to determine the validity of other bonds to be refunded by
1452     the local school board.
1453          Section 33. Section 53G-4-605 is amended to read:
1454          53G-4-605. Testing validity of bonds to be refunded -- Procedure.
1455          If considered advisable by the local school board, the validity of any bonds intended to
1456     be refunded may be determined in the following manner:
1457          (1) The local school board shall:

1458          (a) publish a notice describing with sufficient particularity for identification the bond
1459     or bonds intended to be refunded:
1460          (i) once a week for two successive weeks in a newspaper published in the school
1461     district; and
1462          (ii) as required in Section 45-1-101; and
1463          (b) post a notice for two successive weeks in three public and conspicuous places
1464     describing with sufficient particularity for identification the bond or bonds intended to be
1465     refunded.
1466          (2) The notice shall require any person objecting to the legality, regularity, or validity
1467     of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
1468     the local school board at a specified place within the district on a specified day and time.
1469          (3) The time may not be less than 14 nor more than 60 days after the first publication
1470     or posting of the notice.
1471          (4) The notice shall require the person to appear at the meeting with his objections in
1472     writing, duly verified.
1473          (5) The local school board shall convene at the time and place specified in the notice
1474     and receive all objections as prescribed in Subsection (4).
1475          (6) The objections shall be filed with and preserved by the local school board.
1476          (7) If no written objections are presented at the time and place specified in the notice,
1477     the local school board shall so certify.
1478          (8) All persons are then prohibited from questioning in any manner or proceeding the
1479     legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
1480     represented by the bonds, and the local school board may then refund the bonds.
1481          (9) Any person filing a written objection under Subsection (4) shall, within 20 days
1482     after the filing, commence appropriate legal proceedings against the local school board and
1483     others as may be proper parties, in the district court for the county in which the school district
1484     is situated, to challenge and determine the legality, regularity, and validity of the bond or
1485     bonds, their issue and sale, or the indebtedness represented by them.

1486          (10) Failure to commence the proceedings within 20 days bars the person filing
1487     objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
1488     the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
1489          (11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
1490     court, the local school board may refund the bonds.
1491          Section 34. Section 53G-4-606 is amended to read:
1492          53G-4-606. Sinking fund -- Investment.
1493          (1) The money levied and collected to create a sinking fund for the redemption of
1494     bonds issued by a local school board shall be immediately credited to a special fund.
1495          (2) After retaining an amount sufficient to pay the principal of the bonds maturing
1496     during the year, the local school board shall invest the fund and any surplus as provided under
1497     Title 51, Chapter 7, State Money Management Act.
1498          Section 35. Section 53G-4-801 is amended to read:
1499          53G-4-801. Definitions.
1500          [(1) "Board" means the board of education of a school district existing now or later
1501     under the laws of the state.]
1502          [(2)] (1) "Bond" means any general obligation bond or refunding bond issued after the
1503     effective date of this part.
1504          [(3)] (2) "Default avoidance program" means the school bond guaranty program
1505     established by this part.
1506          [(4)] (3) "General obligation bond" means any bond, note, warrant, certificate of
1507     indebtedness, or other obligation of a local school board payable in whole or in part from
1508     revenues derived from ad valorem taxes and that constitutes an indebtedness within the
1509     meaning of any applicable constitutional or statutory debt limitation.
1510          [(5)] (4) "Paying agent" means the corporate paying agent selected by the local school
1511     board for a bond issue who is:
1512          (a) duly qualified; and
1513          (b) acceptable to the state treasurer.

1514          [(6)] (5) "Permanent school fund" means the state school fund described in the Utah
1515     Constitution, Article X, Section 5(1).
1516          [(7)] (6) "Refunding bond" means any general obligation bond issued by a local school
1517     board for the purpose of refunding its outstanding general obligation bonds.
1518          [(8)] (7) "School district" means any school district existing now or later under the
1519     laws of the state.
1520          Section 36. Section 53G-4-802 is amended to read:
1521          53G-4-802. Contract with bondholders -- Full faith and credit of state is pledged
1522     -- Limitation as to certain refunded bonds.
1523          (1) (a) The state of Utah pledges to and agrees with the holders of any bonds that the
1524     state will not alter, impair, or limit the rights vested by the default avoidance program with
1525     respect to the bonds until the bonds, together with applicable interest, are fully paid and
1526     discharged.
1527          (b) Notwithstanding Subsection (1)(a), nothing contained in this part precludes an
1528     alteration, impairment, or limitation if adequate provision is made by law for the protection of
1529     the holders of the bonds.
1530          (c) Each local school board may refer to this pledge and undertaking by the state in its
1531     bonds.
1532          (2) (a) The full faith and credit and unlimited taxing power of the state is pledged to
1533     guarantee full and timely payment of the principal of (either at the stated maturity or by any
1534     advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds
1535     as such payments shall become due (except that in the event of any acceleration of the due date
1536     of such principal by reason of mandatory or optional redemption or acceleration resulting from
1537     default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking
1538     fund payment, the payments guaranteed shall be made in such amounts and at such times as
1539     such payments of principal would have been due had there not been any such acceleration).
1540          (b) This guaranty does not extend to the payment of any redemption premium.
1541          (c) Reference to this part by its title on the face of any bond conclusively establishes

1542     the guaranty provided to that bond under provisions of this part.
1543          (3) (a) Any bond guaranteed under this part that is refunded and considered paid for the
1544     purposes of and within the meaning of Subsection 11-27-3(6), no longer has the benefit of the
1545     guaranty provided by this part from and after the date on which that bond was considered to be
1546     paid.
1547          (b) Any refunding bond issued by a local school board that is itself secured by
1548     government obligations until the proceeds are applied to pay refunded bonds, as provided in
1549     Title 11, Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this
1550     part, until the refunding bonds cease to be secured by government obligations as provided in
1551     Title 11, Chapter 27, Utah Refunding Bond Act.
1552          (4) Only validly issued bonds issued after the effective date of this part are guaranteed
1553     under this part.
1554          Section 37. Section 53G-4-803 is amended to read:
1555          53G-4-803. Program eligibility -- Option to forego guaranty.
1556          (1) (a) Any local school board may request that the state treasurer issue a certificate
1557     evidencing eligibility for the state's guaranty under this part.
1558          (b) After reviewing the request, if the state treasurer determines that the local school
1559     board is eligible, the state treasurer shall promptly issue the certificate and provide it to the
1560     requesting local school board.
1561          (c) (i) The local school board receiving the certificate and all other persons may rely on
1562     the certificate as evidencing eligibility for the guaranty for one year from and after the date of
1563     the certificate, without making further inquiry of the state treasurer during that year.
1564          (ii) The certificate of eligibility is valid for one year even if the state treasurer later
1565     determines that the local school board is ineligible.
1566          (2) Any local school board that chooses to forego the benefits of the guaranty provided
1567     by this part for a particular issue of bonds may do so by not referring to this part on the face of
1568     its bonds.
1569          (3) Any local school board that has bonds, the principal of or interest on which has

1570     been paid, in whole or in part, by the state under this part may not issue any additional bonds
1571     guaranteed by this act until:
1572          (a) all payment obligations of the local school board to the state under the default
1573     avoidance program are satisfied; and
1574          (b) the state treasurer and the state superintendent [of public instruction] each certify in
1575     writing, to be kept on file by the state treasurer and the state superintendent, that the local
1576     school board is fiscally solvent.
1577          (4) Bonds not guaranteed by this part are not included in the definition of "bonds" in
1578     Section 53G-4-802 as used generally in this part and are not subject to the requirements of and
1579     do not receive the benefits of this part.
1580          Section 38. Section 53G-4-804 is amended to read:
1581          53G-4-804. Fiscal solvency of school districts -- Duties of state treasurer and
1582     attorney general.
1583          (1) The state superintendent [of public instruction] shall:
1584          (a) monitor the financial affairs and condition of each local school board in the state to
1585     evaluate each local school board's financial solvency; and
1586          (b) report immediately to the governor and state treasurer any circumstances suggesting
1587     that a school district will be unable to timely meet its debt service obligations and recommend
1588     a course of remedial action.
1589          (2) (a) The state treasurer shall determine whether [or not] the financial affairs and
1590     condition of a local school board are such that it would be imprudent for the state to guarantee
1591     the bonds of that local school board.
1592          (b) If the state treasurer determines that the state should not guarantee the bonds of that
1593     local school board, the state treasurer shall:
1594          (i) prepare a determination of ineligibility; and
1595          (ii) keep it on file in the office of the state treasurer.
1596          (c) The state treasurer may remove a local school board from the status of ineligibility
1597     when a subsequent report or other information made available to the state treasurer evidences

1598     that it is no longer imprudent for the state to guarantee the bonds of that local school board.
1599          (3) Nothing in this section affects the state's guaranty of bonds of a local school board
1600     issued:
1601          (a) before determination of ineligibility;
1602          (b) after the eligibility of the local school board is restored; or
1603          (c) under a certificate of eligibility issued under Section 53G-4-803.
1604          Section 39. Section 53G-4-805 is amended to read:
1605          53G-4-805. Business administrator duties -- Paying agent to provide notice --
1606     State treasurer to execute transfer to paying agents -- Effect of transfer.
1607          (1) (a) The business administrator of each local school board with outstanding, unpaid
1608     bonds shall transfer money sufficient for the scheduled debt service payment to its paying agent
1609     at least 15 days before any principal or interest payment date for the bonds.
1610          (b) The paying agent may, if instructed to do so by the business administrator, invest
1611     the money at the risk and for the benefit of the local school board until the payment date.
1612          (c) A business administrator who is unable to transfer the scheduled debt service
1613     payment to the paying agent 15 days before the payment date shall immediately notify the
1614     paying agent and the state treasurer by:
1615          (i) telephone;
1616          (ii) a writing sent by facsimile transmission; and
1617          (iii) a writing sent by first-class United States mail.
1618          (2) If sufficient funds are not transferred to the paying agent as required by Subsection
1619     (1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days
1620     before the scheduled debt service payment date by:
1621          (a) telephone;
1622          (b) a writing sent by facsimile transmission; and
1623          (c) a writing sent by first-class United States mail.
1624          (3) (a) If sufficient money to pay the scheduled debt service payment has not been
1625     transferred to the paying agent, the state treasurer shall, on or before the scheduled payment

1626     date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
1627          (b) The payment by the treasurer:
1628          (i) discharges the obligation of the issuing local school board to its bondholders for the
1629     payment; and
1630          (ii) transfers the rights represented by the general obligation of the local school board
1631     from the bondholders to the state.
1632          (c) The local school board shall pay the transferred obligation to the state as provided
1633     in this part.
1634          Section 40. Section 53G-4-806 is amended to read:
1635          53G-4-806. State financial assistance intercept mechanism -- State treasurer
1636     duties -- Interest and penalty provisions.
1637          (1) (a) If one or more payments on bonds are made by the state treasurer as provided in
1638     Section 53G-4-805, the state treasurer shall:
1639          (i) immediately intercept any payments from the Uniform School Fund or from any
1640     other source of operating money provided by the state to the local school board that issued the
1641     bonds that would otherwise be paid to the local school board by the state; and
1642          (ii) apply the intercepted payments to reimburse the state for payments made pursuant
1643     to the state's guaranty until all obligations of the local school board to the state arising from
1644     those payments, including interest and penalties, are paid in full.
1645          (b) The state has no obligation to the local school board or to any person or entity to
1646     replace any money intercepted under authority of Subsection (1)(a).
1647          (2) The local school board that issued bonds for which the state has made all or part of
1648     a debt service payment shall:
1649          (a) reimburse all money drawn by the state treasurer on its behalf;
1650          (b) pay interest to the state on all money paid by the state from the date the money was
1651     drawn to the date they are repaid at a rate not less than the average prime rate for national
1652     money center banks plus 1%; and
1653          (c) pay all penalties required by this part.

1654          (3) (a) The state treasurer shall establish the reimbursement interest rate after
1655     considering the circumstances of any prior draws by the local school board on the state, market
1656     interest and penalty rates, and the cost of funds, if any, that were required to be borrowed by
1657     the state to make payment on the bonds.
1658          (b) The state treasurer may, after considering the circumstances giving rise to the
1659     failure of the local school board to make payment on its bonds in a timely manner, impose on
1660     the local school board a penalty of not more than 5% of the amount paid by the state pursuant
1661     to its guaranty for each instance in which a payment by the state is made.
1662          (4) (a) (i) If the state treasurer determines that amounts obtained under this section will
1663     not reimburse the state in full within one year from the state's payment of a local school board's
1664     scheduled debt service payment, the state treasurer shall pursue any legal action, including
1665     mandamus, against the local school board to compel it to:
1666          (A) levy and provide property tax revenues to pay debt service on its bonds when due
1667     as required by Title 11, Chapter 14, Local Government Bonding Act; and
1668          (B) meet its repayment obligations to the state.
1669          (ii) In pursuing its rights under this Subsection (4)(a), the state shall have the same
1670     substantive and procedural rights under Title 11, Chapter 14, Local Government Bonding Act,
1671     as would a holder of the bonds of a local school board.
1672          (b) The attorney general shall assist the state treasurer in these duties.
1673          (c) The local school board shall pay the attorney's fees, expenses, and costs of the state
1674     treasurer and the attorney general.
1675          (5) (a) Except as provided in Subsection (5)(c), any local school board whose operating
1676     funds were intercepted under this section may replace those funds from other local school
1677     board money or from ad valorem property taxes, subject to the limitations provided in this
1678     Subsection (5).
1679          (b) A local school board may use ad valorem property taxes or other money to replace
1680     intercepted funds only if the ad valorem property taxes or other money was derived from:
1681          (i) taxes originally levied to make the payment but which were not timely received by

1682     the local school board;
1683          (ii) taxes from a special levy made to make the missed payment or to replace the
1684     intercepted money;
1685          (iii) money transferred from the capital outlay fund of the local school board or the
1686     undistributed reserve, if any, of the local school board; or
1687          (iv) any other source of money on hand and legally available.
1688          (c) Notwithstanding the provisions of Subsections (5)(a) and (b), a local school board
1689     may not replace operating funds intercepted by the state with money collected and held to make
1690     payments on bonds if that replacement would divert money from the payment of future debt
1691     service on the bonds and increase the risk that the state's guaranty would be called upon a
1692     second time.
1693          Section 41. Section 53G-4-807 is amended to read:
1694          53G-4-807. Backup liquidity arrangements -- Issuance of notes.
1695          (1) (a) If, at the time the state is required to make a debt service payment under its
1696     guaranty on behalf of a local school board, sufficient money of the state is not on hand and
1697     available for that purpose, the state treasurer may:
1698          (i) seek a loan from the Permanent School Fund sufficient to make the required
1699     payment; or
1700          (ii) issue state debt as provided in Subsection (2).
1701          (b) Nothing in this Subsection (1) requires the Permanent School Fund to lend money
1702     to the state treasurer.
1703          (2) (a) The state treasurer may issue state debt in the form of general obligation notes
1704     to meet its obligations under this part.
1705          (b) The amount of notes issued may not exceed the amount necessary to make payment
1706     on all bonds with respect to which the notes are issued plus all costs of issuance, sale, and
1707     delivery of the notes, rounded up to the nearest natural multiple of $5,000.
1708          (c) Each series of notes issued may not mature later than 18 months from the date the
1709     notes are issued.

1710          (d) Notes issued may be refunded using the procedures set forth in this part for the
1711     issuance of notes, in an amount not more than the amount necessary to pay principal of and
1712     accrued but unpaid interest on any refunded notes plus all costs of issuance, sale, and delivery
1713     of the refunding notes, rounded up to the nearest natural multiple of $5,000.
1714          (e) Each series of refunding notes may not mature later than 18 months from the date
1715     the refunding notes are issued.
1716          (3) (a) Before issuing or selling any general obligation note to other than a state fund or
1717     account, the state treasurer shall:
1718          (i) prepare a written plan of financing; and
1719          (ii) file it with the governor.
1720          (b) The plan of financing shall provide for:
1721          (i) the terms and conditions under which the notes will be issued, sold, and delivered;
1722          (ii) the taxes or revenues to be anticipated;
1723          (iii) the maximum amount of notes that may be outstanding at any one time under the
1724     plan of financing;
1725          (iv) the sources of payment of the notes;
1726          (v) the rate or rates of interest, if any, on the notes or a method, formula, or index under
1727     which the interest rate or rates on the notes may be determined during the time the notes are
1728     outstanding; and
1729          (vi) all other details relating to the issuance, sale, and delivery of the notes.
1730          (c) In identifying the taxes or revenues to be anticipated and the sources of payment of
1731     the notes in the financing plan, the state treasurer may include:
1732          (i) the taxes authorized by Section 53G-4-808;
1733          (ii) the intercepted revenues authorized by Section 53G-4-806;
1734          (iii) the proceeds of refunding notes; or
1735          (iv) any combination of Subsections (3)(c)(i), (ii), and (iii).
1736          (d) The state treasurer may include in the plan of financing the terms and conditions of
1737     arrangements entered into by the state treasurer on behalf of the state with financial and other

1738     institutions for letters of credit, standby letters of credit, reimbursement agreements, and
1739     remarketing, indexing, and tender agent agreements to secure the notes, including payment
1740     from any legally available source of fees, charges, or other amounts coming due under the
1741     agreements entered into by the state treasurer.
1742          (e) When issuing the notes, the state treasurer shall issue an order setting forth the
1743     interest, form, manner of execution, payment, manner of sale, prices at, above, or below face
1744     value, and all details of issuance of the notes.
1745          (f) The order and the details set forth in the order shall conform with any applicable
1746     plan of financing and with this part.
1747          (g) (i) Each note shall recite that it is a valid obligation of the state and that the full
1748     faith, credit, and resources of the state are pledged for the payment of the principal of and
1749     interest on the note from the taxes or revenues identified in accordance with its terms and the
1750     constitution and laws of Utah.
1751          (ii) These general obligation notes do not constitute debt of the state for the purposes of
1752     the 1.5% debt limitation of the Utah Constitution, Article XIV, Section 1.
1753          (h) Immediately upon the completion of any sale of notes, the state treasurer shall:
1754          (i) make a verified return of the sale to the state auditor, specifying the amount of notes
1755     sold, the persons to whom the notes were sold, and the price, terms, and conditions of the sale;
1756     and
1757          (ii) credit the proceeds of sale, other than accrued interest and amounts required to pay
1758     costs of issuance of the notes, to the General Fund to be applied to the purpose for which the
1759     notes were issued.
1760          Section 42. Section 53G-4-1003 is amended to read:
1761          53G-4-1003. Funds raised -- Highest priority projects.
1762          (1) Funds raised by the school district in accordance with this part shall be used on the
1763     highest priority projects established by the district's five-year comprehensive capital outlay
1764     plan, which shall be approved by the [State Board of Education] state board.
1765          (2) The plan must include appropriate priorities for the construction of minimal

1766     facilities for new students.
1767          (3) If priority use of the funds raised by the district in accordance with this part does
1768     not provide minimal facilities as defined by the [State Board of Education] state board for
1769     students in any new and remote community established in the district, or for students in
1770     existing communities because of the location of new or expanded industries in the area, the
1771     district may enter into lease-purchase agreements or lease with option to purchase agreements
1772     with private builders to furnish the minimal facilities required by the district and approved by
1773     the [State Board of Education] state board.
1774          (4) The district may make payments on these agreements from any of its otherwise
1775     uncommitted capital outlay funds.
1776          Section 43. Section 53G-4-1004 is amended to read:
1777          53G-4-1004. Minimal school facilities -- Lease-purchase or lease with option to
1778     purchase agreement authorized.
1779          (1) If a school district is unable to find any private builder who is capable of furnishing
1780     minimal school facilities in new or existing communities, on terms acceptable to the district
1781     and to the [State Board of Education] state board, the developers of the industrial plant, or
1782     plants, may agree to provide minimal school facilities under a lease-purchase agreement or
1783     lease with option to purchase agreement with the district.
1784          (2) The district shall pay the developers according to the terms of the agreement from
1785     sources listed for such payments in this part.
1786          Section 44. Section 53G-4-1006 is amended to read:
1787          53G-4-1006. Rules and regulations authorized.
1788          The [State Board of Education] state board shall adopt all standards and rules necessary
1789     for the administration and enforcement of this part.
1790          Section 45. Section 53G-5-102 is amended to read:
1791          53G-5-102. Definitions.
1792          As used in this chapter:
1793          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and

1794     includes:
1795          (a) cash;
1796          (b) stock or other investments;
1797          (c) real property;
1798          (d) equipment and supplies;
1799          (e) an ownership interest;
1800          (f) a license;
1801          (g) a cause of action; and
1802          (h) any similar property.
1803          (2) "Board of trustees of a higher education institution" or "board of trustees" means:
1804          (a) the board of trustees of:
1805          (i) the University of Utah;
1806          (ii) Utah State University;
1807          (iii) Weber State University;
1808          (iv) Southern Utah University;
1809          (v) Snow College;
1810          (vi) Dixie State University;
1811          (vii) Utah Valley University; or
1812          (viii) Salt Lake Community College; or
1813          (b) the board of directors of a technical college described in Section 53B-2a-108.
1814          [(3) "Charter agreement" or "charter" means an agreement made in accordance with
1815     Section 53G-5-303 that authorizes the operation of a charter school.]
1816          [(4)] (3) "Charter school authorizer" or "authorizer" means an entity listed in Section
1817     53G-5-205 that authorizes a charter school.
1818          [(5) "Governing board" means the board that operates a charter school.]
1819          Section 46. Section 53G-5-201 is amended to read:
1820          53G-5-201. State Charter School Board created.
1821          (1) As used in this section, "organization that represents Utah's charter schools" means

1822     an organization, except a governmental entity, that advocates for charter schools, charter school
1823     parents, or charter school students.
1824          (2) (a) The State Charter School Board is created consisting of the following members
1825     appointed by the governor with the consent of the Senate :
1826          (i) one member who has expertise in finance or small business management;
1827          (ii) three members who:
1828          (A) are nominated by an organization that represents Utah's charter schools; and
1829          (B) have expertise or experience in developing or administering a charter school;
1830          (iii) two members who are nominated by the [State Board of Education] state board;
1831     and
1832          (iv) one member who:
1833          (A) has expertise in personalized learning, including digital teaching and learning or
1834     deliberate practice; and
1835          (B) supports innovation in education.
1836          (b) Each appointee shall have demonstrated dedication to the purposes of charter
1837     schools as outlined in Section 53G-5-104.
1838          (c) At least two candidates shall be nominated for each appointment made under
1839     Subsection (2)(a)(ii) or (iii).
1840          (d) The governor may seek nominations for a prospective appointment under
1841     Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
1842          (3) (a) State Charter School Board members shall serve four-year terms.
1843          (b) If a vacancy occurs, the governor shall, with the consent of the Senate, appoint a
1844     replacement for the unexpired term.
1845          (4) The governor may remove a member at any time for official misconduct, habitual
1846     or willful neglect of duty, or for other good and sufficient cause.
1847          (5) (a) The State Charter School Board shall annually elect a chair from its
1848     membership.
1849          (b) Four members of the [board] State Charter School Board shall constitute a quorum.

1850          (c) Meetings may be called by the chair or upon request of three members of the
1851     [board] State Charter School Board.
1852          (6) A member may not receive compensation or benefits for the member's service, but
1853     may receive per diem and travel expenses in accordance with:
1854          (a) Section 63A-3-106;
1855          (b) Section 63A-3-107; and
1856          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1857     63A-3-107.
1858          Section 47. Section 53G-5-203 is amended to read:
1859          53G-5-203. State Charter School Board -- Staff director -- Facilities.
1860          (1) (a) The State Charter School Board, with the consent of the state superintendent [of
1861     public instruction], shall appoint a staff director for the State Charter School Board.
1862          (b) The State Charter School Board shall have authority to remove the staff director
1863     with the consent of the state superintendent [of public instruction].
1864          (c) The position of staff director is exempt from the career service provisions of Title
1865     67, Chapter 19, Utah State Personnel Management Act.
1866          (2) The state superintendent [of public instruction] shall provide space for staff of the
1867     State Charter School Board in facilities occupied by the [State Board of Education] state board
1868     or the [State Board of Education's] state board's employees, with costs charged for the facilities
1869     equal to those charged other sections and divisions under the [State Board of Education] state
1870     board.
1871          Section 48. Section 53G-5-205 is amended to read:
1872          53G-5-205. Charter school authorizers -- Power and duties -- Charter application
1873     minimum standard.
1874          (1) The following entities are eligible to authorize charter schools:
1875          (a) the State Charter School Board;
1876          (b) a local school board; or
1877          (c) a board of trustees of an institution in the state system of higher education as

1878     described in Section 53B-1-102.
1879          (2) A charter school authorizer shall:
1880          (a) annually review and evaluate the performance of charter schools authorized by the
1881     authorizer and hold a charter school accountable for the school's performance; and
1882          (b) monitor charter schools authorized by the authorizer for compliance with federal
1883     and state laws, rules, and regulations.
1884          (3) A charter school authorizer may:
1885          (a) authorize and promote the establishment of charter schools, subject to the
1886     provisions in this part;
1887          (b) make recommendations on legislation and rules pertaining to charter schools to the
1888     Legislature and [State Board of Education] state board, respectively;
1889          (c) make recommendations to the [State Board of Education] state board on the
1890     funding of charter schools;
1891          (d) provide technical support to charter schools and persons seeking to establish charter
1892     schools by:
1893          (i) identifying and promoting successful charter school models;
1894          (ii) facilitating the application and approval process for charter school authorization;
1895          (iii) directing charter schools and persons seeking to establish charter schools to
1896     sources of funding and support;
1897          (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
1898     supporting and strengthening proposals before an application for charter school authorization is
1899     submitted to a charter school authorizer; or
1900          (v) assisting charter schools to understand and carry out their charter obligations; or
1901          (e) provide technical support, as requested, to another charter school authorizer relating
1902     to charter schools.
1903          (4) Within 60 days after an authorizer's approval of an application for a new charter
1904     school, the [State Board of Education] state board may direct an authorizer to do the following
1905     if the authorizer or charter school applicant failed to follow statutory or state board rule

1906     requirements:
1907          (a) reconsider the authorizer's approval of an application for a new charter school; and
1908          (b) correct deficiencies in the charter school application or authorizer's application
1909     process as described in statute or state board rule before approving the new application.
1910          (5) The [State Board of Education shall, in accordance with Title 63G, Chapter 3, Utah
1911     Administrative Rulemaking Act,] state board shall make rules establishing minimum standards
1912     that a charter school authorizer is required to apply when:
1913          (a) evaluating a charter school application; or
1914          (b) monitoring charter school compliance.
1915          (6) The minimum standards described in Subsection (5) shall include:
1916          (a) reasonable consequences for an authorizer that fails to comply with statute or state
1917     board rule;
1918          (b) a process for an authorizer to review:
1919          (i) the skill and expertise of a proposed charter school's governing board; and
1920          (ii) the functioning operation of the charter school governing board of an authorized
1921     charter school;
1922          (c) a process for an authorizer to review the financial viability of a proposed charter
1923     school and of an authorized charter school;
1924          (d) a process to evaluate:
1925          (i) how well an authorizer's authorized charter school complies with the charter
1926     school's charter agreement;
1927          (ii) whether an authorizer's authorized charter school maintains reasonable academic
1928     standards; and
1929          (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
1930     capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
1931          Section 49. Section 53G-5-301 is amended to read:
1932          53G-5-301. State Charter School Board to request applications for certain types
1933     of charter schools.

1934          (1) To meet the unique learning styles and needs of students, the State Charter School
1935     Board shall seek to expand the types of instructional methods and programs offered by schools,
1936     as provided in this section.
1937          (2) (a) The State Charter School Board shall request individuals, groups of individuals,
1938     or not-for-profit legal entities to submit an application to the State Charter School Board to
1939     establish a charter school that employs new and creative methods to meet the unique learning
1940     styles and needs of students, such as:
1941          (i) a military charter school;
1942          (ii) a charter school whose mission is to enhance learning opportunities for students at
1943     risk of academic failure;
1944          (iii) a charter school whose focus is career and technical education;
1945          (iv) a single gender charter school; or
1946          (v) a charter school with an international focus that provides opportunities for the
1947     exchange of students or teachers.
1948          (b) In addition to a charter school identified in Subsection (2)(a), the State Charter
1949     School Board shall request applications for other types of charter schools that meet the unique
1950     learning styles and needs of students.
1951          (3) The State Charter School Board shall publicize a request for applications to
1952     establish a charter school specified in Subsection (2).
1953          (4) A charter school application submitted pursuant to Subsection (2) shall be subject
1954     to the application and approval procedures specified in Section 53G-5-304.
1955          (5) The State Charter School Board and the [State Board of Education] state board may
1956     approve one or more applications for each charter school specified in Subsection (2), subject to
1957     the Legislature appropriating funds for, or authorizing, an increase in charter school enrollment
1958     capacity as provided in Section 53G-6-504.
1959          (6) The [State Board of Education] state board shall submit a request to the Legislature
1960     to appropriate funds for, or authorize, the enrollment of students in charter schools tentatively
1961     approved under this section.

1962          Section 50. Section 53G-5-302 is amended to read:
1963          53G-5-302. Charter school application -- Applicants -- Contents.
1964          (1) (a) An application to establish a charter school may be submitted by:
1965          (i) an individual;
1966          (ii) a group of individuals; or
1967          (iii) a nonprofit legal entity organized under Utah law.
1968          (b) An authorized charter school may apply under this chapter for a charter from
1969     another charter school authorizer.
1970          (2) A charter school application shall include:
1971          (a) the purpose and mission of the school;
1972          (b) except for a charter school authorized by a local school board, a statement that,
1973     after entering into a charter agreement, the charter school will be organized and managed under
1974     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
1975          (c) a description of the governance structure of the school, including:
1976          (i) a list of the charter school governing board members that describes the
1977     qualifications of each member; and
1978          (ii) an assurance that the applicant shall, within 30 days of authorization, complete a
1979     background check for each member consistent with Section 53G-5-408;
1980          (d) a description of the target population of the school that includes:
1981          (i) the projected maximum number of students the school proposes to enroll;
1982          (ii) the projected school enrollment for each of the first three years of school operation;
1983     and
1984          (iii) the ages or grade levels the school proposes to serve;
1985          (e) academic goals;
1986          (f) qualifications and policies for school employees, including policies that:
1987          (i) comply with the criminal background check requirements described in Section
1988     53G-5-408;
1989          (ii) require employee evaluations;

1990          (iii) address employment of relatives within the charter school; and
1991          (iv) address human resource management and ensure that:
1992          (A) at least one of the school's employees or another person is assigned human
1993     resource management duties, as defined in Section 17B-1-805; and
1994          (B) the assigned employee or person described in Subsection (2)(f)(iv)(A) receives
1995     human resource management training, as defined in Section 17B-1-805;
1996          (g) a description of how the charter school will provide, as required by state and federal
1997     law, special education and related services;
1998          (h) for a public school converting to charter status, arrangements for:
1999          (i) students who choose not to continue attending the charter school; and
2000          (ii) teachers who choose not to continue teaching at the charter school;
2001          (i) a statement that describes the charter school's plan for establishing the charter
2002     school's facilities, including:
2003          (i) whether the charter school intends to lease or purchase the charter school's facilities;
2004     and
2005          (ii) financing arrangements;
2006          (j) a market analysis of the community the school plans to serve;
2007          (k) a business plan;
2008          (l) other major issues involving the establishment and operation of the charter school;
2009     and
2010          (m) the signatures of the charter school governing board members [of the charter
2011     school].
2012          (3) A charter school authorizer may require a charter school application to include:
2013          (a) the charter school's proposed:
2014          (i) curriculum;
2015          (ii) instructional program; or
2016          (iii) delivery methods;
2017          (b) a method for assessing whether students are reaching academic goals, including, at

2018     a minimum, administering the statewide assessments described in Section 53E-4-301;
2019          (c) a proposed calendar;
2020          (d) sample policies;
2021          (e) a description of opportunities for parental involvement;
2022          (f) a description of the school's administrative, supervisory, or other proposed services
2023     that may be obtained through service providers; or
2024          (g) other information that demonstrates an applicant's ability to establish and operate a
2025     charter school.
2026          Section 51. Section 53G-5-303 is amended to read:
2027          53G-5-303. Charter agreement -- Content -- Modification.
2028          (1) As used in this section, "satellite charter school" means a charter school affiliated
2029     with an operating charter school, which has the same charter school governing board and a
2030     similar program of instruction, but has a different school number than the affiliated charter.
2031          (2) A charter agreement:
2032          (a) is a contract between the charter school applicant and the charter school authorizer;
2033          (b) shall describe the rights and responsibilities of each party; and
2034          (c) shall allow for the operation of the applicant's proposed charter school.
2035          (3) A charter agreement shall include:
2036          (a) the name of:
2037          (i) the charter school; and
2038          (ii) the charter school applicant;
2039          (b) the mission statement and purpose of the charter school;
2040          (c) the charter school's opening date;
2041          (d) the grade levels the charter school will serve;
2042          (e) (i) subject to Section 53G-6-504, the maximum number of students a charter school
2043     will serve; or
2044          (ii) for an operating charter school with satellite charter schools, the maximum number
2045     of students of all satellite charter schools collectively served by the operating charter school;

2046          (f) a description of the structure of the charter school governing board, including:
2047          (i) the number of charter school governing board members;
2048          (ii) how members of the charter school governing board are appointed; and
2049          (iii) charter school governing board members' terms of office;
2050          (g) assurances that:
2051          (i) the charter school governing board will comply with:
2052          (A) the charter school's bylaws;
2053          (B) the charter school's articles of incorporation; and
2054          (C) applicable federal law, state law, and [State Board of Education] state board rules;
2055          (ii) the charter school governing board will meet all reporting requirements described
2056     in Section 53G-5-404; and
2057          (iii) except as provided in Part 6, Charter School Credit Enhancement Program, neither
2058     the authorizer nor the state, including an agency of the state, is liable for the debts or financial
2059     obligations of the charter school or a person who operates the charter school;
2060          (h) which administrative rules the [State Board of Education] state board will waive for
2061     the charter school;
2062          (i) minimum financial standards for operating the charter school;
2063          (j) minimum standards for student achievement; and
2064          (k) signatures of the charter school authorizer and the charter school governing board
2065     members.
2066          (4) (a) Except as provided in Subsection (4)(b), a charter agreement may not be
2067     modified except by mutual agreement between the charter school authorizer and the charter
2068     school governing board.
2069          (b) A charter school governing board may modify the charter school's charter
2070     agreement without the mutual agreement described in Subsection (4)(a) to include an
2071     enrollment preference described in Subsection 53G-6-502(4)(g).
2072          Section 52. Section 53G-5-304 is amended to read:
2073          53G-5-304. Charter schools authorized by the State Charter School Board --

2074     Application process -- Prohibited basis of application denial.
2075          (1) (a) An applicant seeking authorization of a charter school from the State Charter
2076     School Board shall provide a copy of the application to the local school board of the school
2077     district in which the proposed charter school shall be located either before or at the same time it
2078     files its application with the State Charter School Board.
2079          (b) The local school board may review the application and may offer suggestions or
2080     recommendations to the applicant or the State Charter School Board prior to its acting on the
2081     application.
2082          (c) The State Charter School Board shall give due consideration to suggestions or
2083     recommendations made by the local school board under Subsection (1)(b).
2084          (d) The State Charter School Board shall review and, by majority vote, either approve
2085     or deny the application.
2086          (e) A charter school application may not be denied on the basis that the establishment
2087     of the charter school will have any or all of the following impacts on a public school, including
2088     another charter school:
2089          (i) an enrollment decline;
2090          (ii) a decrease in funding; or
2091          (iii) a modification of programs or services.
2092          (2) The [State Board of Education shall, in accordance with Title 63G, Chapter 3, Utah
2093     Administrative Rulemaking Act,] state board shall make a rule providing a timeline for the
2094     opening of a charter school following the approval of a charter school application by the State
2095     Charter School Board.
2096          (3) After approval of a charter school application and in accordance with Section
2097     53G-5-303, the applicant and the State Charter School Board shall set forth the terms and
2098     conditions for the operation of the charter school in a written charter agreement.
2099          (4) The State Charter School Board shall, in accordance with [State Board of
2100     Education] state board rules, establish and make public the State Charter School Board's:
2101          (a) application requirements, in accordance with Section 53G-5-302;

2102          (b) application process, including timelines, in accordance with this section; and
2103          (c) minimum academic, financial, and enrollment standards.
2104          Section 53. Section 53G-5-305 is amended to read:
2105          53G-5-305. Charters authorized by local school boards -- Application process --
2106     Local school board responsibilities.
2107          (1) (a) An applicant identified in Section 53G-5-302 may submit an application to a
2108     local school board to establish and operate a charter school within the geographical boundaries
2109     of the school district administered by the local school board.
2110          (b) (i) The principal, teachers, or parents of students at an existing public school may
2111     submit an application to the local school board to convert the school or a portion of the school
2112     to charter status.
2113          (A) If the entire school is applying for charter status, at least two-thirds of the licensed
2114     educators employed at the school and at least two-thirds of the parents [or guardians] of
2115     students enrolled at the school must have signed a petition approving the application prior to its
2116     submission to the charter school authorizer.
2117          (B) If only a portion of the school is applying for charter status, the percentage is
2118     reduced to a simple majority.
2119          (ii) The local school board may not approve an application submitted under Subsection
2120     (1)(b)(i) unless the local school board determines that:
2121          (A) students opting not to attend the proposed converted school would have access to a
2122     comparable public education alternative; and
2123          (B) current teachers who choose not to teach at the converted charter school or who are
2124     not retained by the school at the time of its conversion would receive a first preference for
2125     transfer to open teaching positions for which they qualify within the school district, and, if no
2126     positions are open, contract provisions or local school board policy regarding reduction in staff
2127     would apply.
2128          (2) (a) An existing public school that converts to charter status under a charter granted
2129     by a local school board may:

2130          (i) continue to receive the same services from the school district that it received prior to
2131     its conversion; or
2132          (ii) contract out for some or all of those services with other public or private providers.
2133          (b) Any other charter school authorized by a local school board may contract with the
2134     local school board to receive some or all of the services referred to in Subsection (2)(a).
2135          (c) Except as specified in a charter agreement, local school board assets do not transfer
2136     to an existing public school that converts to charter status under a charter granted by a local
2137     school board under this section.
2138          (3) (a) A local school board that receives an application for a charter school under this
2139     section shall, within 45 days, either accept or reject the application.
2140          (b) If the local school board rejects the application, it shall notify the applicant in
2141     writing of the reason for the rejection.
2142          (c) The applicant may submit a revised application for reconsideration by the local
2143     school board.
2144          (d) If the local school board refuses to authorize the applicant, the applicant may seek a
2145     charter from another authorizer.
2146          (4) The [State Board of Education] state board shall make a rule providing for a
2147     timeline for the opening of a charter school following the approval of a charter school
2148     application by a local school board.
2149          (5) After approval of a charter school application and in accordance with Section
2150     53G-5-303, the applicant and the local school board shall set forth the terms and conditions for
2151     the operation of the charter school in a written charter agreement.
2152          (6) A local school board may terminate a charter school it authorizes as provided in
2153     Sections 53G-5-501 and 53G-5-503.
2154          (7) In addition to the exemptions described in Sections 53G-5-405, 53G-7-202, and
2155     53G-5-407, a charter school authorized by a local school board is:
2156          (a) not required to separately submit a report or information required under this public
2157     education code to the [State Board of Education] state board if the information is included in a

2158     report or information that is submitted by the local school board or school district; and
2159          (b) exempt from the requirement under Section 53G-5-404 that a charter school shall
2160     be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
2161     Act.
2162          (8) Before a local school board accepts a charter school application, the local school
2163     board shall, in accordance with [State Board of Education] state board rules, establish and
2164     make public the local school board's:
2165          (a) application requirements, in accordance with Section 53G-5-302;
2166          (b) application process, including timelines, in accordance with this section; and
2167          (c) minimum academic, financial, and enrollment standards.
2168          Section 54. Section 53G-5-306 is amended to read:
2169          53G-5-306. Charter schools authorized by a board of trustees of a higher
2170     education institution -- Application process -- Board of trustees responsibilities.
2171          (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302
2172     may enter into an agreement with a board of trustees of a higher education institution
2173     authorizing the applicant to establish and operate a charter school.
2174          (2) (a) An applicant applying for authorization from a board of trustees to establish and
2175     operate a charter school shall provide a copy of the application to the State Charter School
2176     Board and the local school board of the school district in which the proposed charter school
2177     will be located either before or at the same time the applicant files the application with the
2178     board of trustees.
2179          (b) The State Charter School Board and the local school board may review the
2180     application and offer suggestions or recommendations to the applicant or the board of trustees
2181     before acting on the application.
2182          (c) The board of trustees shall give due consideration to suggestions or
2183     recommendations made by the State Charter School Board or the local school board under
2184     Subsection (2)(b).
2185          (3) The [State Board of Education] state board shall make a rule providing a timeline

2186     for the opening of a charter school following the approval of a charter school application by a
2187     board of trustees.
2188          (4) After approval of a charter school application, the applicant and the board of
2189     trustees shall set forth the terms and conditions for the operation of the charter school in a
2190     written charter agreement.
2191          (5) (a) The school's charter agreement may include a provision that the charter school
2192     pay an annual fee for the board of trustees' costs in providing oversight of, and technical
2193     support to, the charter school in accordance with Section 53G-5-205.
2194          (b) In the first two years that a charter school is in operation, an annual fee described in
2195     Subsection (5)(a) may not exceed the product of 3% of the revenue the charter school receives
2196     from the state in the current fiscal year.
2197          (c) Beginning with the third year that a charter school is in operation, an annual fee
2198     described in Subsection (5)(a) may not exceed the product of 1% of the revenue a charter
2199     school receives from the state in the current fiscal year.
2200          (d) An annual fee described in Subsection (5)(a) shall be:
2201          (i) paid to the board of trustees' higher education institution; and
2202          (ii) expended as directed by the board of trustees.
2203          (6) (a) In addition to complying with the requirements of this section, a technical
2204     college board of directors described in Section 53B-2a-108 shall obtain the approval of the
2205     Utah System of Technical Colleges Board of Trustees before entering into an agreement to
2206     establish and operate a charter school.
2207          (b) If a technical college board of directors approves an application to establish and
2208     operate a charter school, the technical college board of directors shall submit the application to
2209     the Utah System of Technical Colleges Board of Trustees.
2210          (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
2211     within 60 days of receipt of an application described in Subsection (6)(b), approve or deny the
2212     application.
2213          (d) The Utah System of Technical Colleges Board of Trustees may deny an application

2214     approved by a technical college board of directors if the proposed charter school does not
2215     accomplish a purpose of charter schools as provided in Section 53G-5-104.
2216          (e) A charter school application may not be denied on the basis that the establishment
2217     of the charter school will have any or all of the following impacts on a public school, including
2218     another charter school:
2219          (i) an enrollment decline;
2220          (ii) a decrease in funding; or
2221          (iii) a modification of programs or services.
2222          (7) (a) Subject to the requirements of this chapter and other related provisions, a
2223     technical college board of directors may establish:
2224          (i) procedures for submitting applications to establish and operate a charter school; or
2225          (ii) criteria for approval of an application to establish and operate a charter school.
2226          (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
2227     governing the procedures or criteria described in Subsection (7)(a).
2228          (8) Before a technical college board of directors accepts a charter school application,
2229     the technical college board of directors shall, in accordance with [State Board of Education]
2230     state board rules, establish and make public:
2231          (a) application requirements, in accordance with Section 53G-5-302;
2232          (b) the application process, including timelines, in accordance with this section; and
2233          (c) minimum academic, financial, and enrollment standards.
2234          Section 55. Section 53G-5-403 is amended to read:
2235          53G-5-403. Charter school assets.
2236          (1) (a) A charter school may receive, hold, manage, and use any devise, bequest, grant,
2237     endowment, gift, or donation of any asset made to the school for any of the purposes of this
2238     chapter and other related provisions.
2239          (b) Unless a donor or grantor specifically provides otherwise in writing, all assets
2240     described in Subsection (1)(a) shall be presumed to be made to the charter school and shall be
2241     included in the charter school's assets.

2242          (2) It is unlawful for any person affiliated with a charter school to demand or request
2243     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
2244     with the charter school as a condition for employment or enrollment at the school or continued
2245     attendance at the school.
2246          (3) All assets purchased with charter school funds shall be included in the charter
2247     school's assets.
2248          (4) A charter school may not dispose of its assets in violation of the provisions of this
2249     chapter or other related provisions, state board rules, policies of its charter school authorizer, or
2250     its charter agreement, including the provisions governing the closure of a charter school under
2251     Section 53G-5-504.
2252          Section 56. Section 53G-5-404 is amended to read:
2253          53G-5-404. Requirements for charter schools.
2254          (1) A charter school shall be nonsectarian in its programs, admission policies,
2255     employment practices, and operations.
2256          (2) A charter school may not charge tuition or fees, except those fees normally charged
2257     by other public schools.
2258          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
2259     civil rights requirements.
2260          (4) (a) A charter school shall make the same annual reports required of other public
2261     schools under this public education code, including an annual financial audit report.
2262          (b) A charter school shall file its annual financial audit report with the Office of the
2263     State Auditor within six months of the end of the fiscal year.
2264          (5) (a) A charter school shall be accountable to the charter school's authorizer for
2265     performance as provided in the school's charter agreement.
2266          (b) To measure the performance of a charter school, an authorizer may use data
2267     contained in:
2268          (i) the charter school's annual financial audit report;
2269          (ii) a report submitted by the charter school as required by statute; or

2270          (iii) a report submitted by the charter school as required by its charter agreement.
2271          (c) A charter school authorizer may not impose performance standards, except as
2272     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
2273     accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise
2274     provided in law.
2275          (6) A charter school may not advocate unlawful behavior.
2276          (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
2277     managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
2278     authorization.
2279          (8) A charter school shall provide adequate liability and other appropriate insurance.
2280          (9) Beginning on July 1, 2014, a charter school shall submit any lease, lease-purchase
2281     agreement, or other contract or agreement relating to the charter school's facilities or financing
2282     of the charter school's facilities to the school's authorizer and an attorney for review and advice
2283     prior to the charter school entering into the lease, agreement, or contract.
2284          (10) A charter school may not employ an educator whose license has been suspended
2285     or revoked by the [State Board of Education] state board under Section 53E-6-604.
2286          (11) (a) Each charter school shall register and maintain the charter school's registration
2287     as a limited purpose entity, in accordance with Section 67-1a-15.
2288          (b) A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is
2289     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
2290          Section 57. Section 53G-5-405 is amended to read:
2291          53G-5-405. Application of statutes and rules to charter schools.
2292          (1) A charter school shall operate in accordance with its charter agreement and is
2293     subject to this public education code and other state laws applicable to public schools, except
2294     as otherwise provided in this chapter and other related provisions.
2295          (2) (a) Except as provided in Subsection (2)(b), [State Board of Education] state board
2296     rules governing the following do not apply to a charter school:
2297          (i) school libraries;

2298          (ii) required school administrative and supervisory services; and
2299          (iii) required expenditures for instructional supplies.
2300          (b) A charter school shall comply with rules implementing statutes that prescribe how
2301     state appropriations may be spent.
2302          (3) The following provisions of this public education code, and rules adopted under
2303     those provisions, do not apply to a charter school:
2304          (a) Sections 53G-7-1202 and 53G-7-1204, requiring the establishment of a school
2305     community council and school improvement plan;
2306          (b) Section 53G-4-409, requiring the use of activity disclosure statements;
2307          (c) Section 53G-7-606, requiring notification of intent to dispose of textbooks;
2308          (d) Section 53G-10-404, requiring annual presentations on adoption;
2309          (e) Sections 53G-7-304 and 53G-7-306 pertaining to fiscal procedures of school
2310     districts and local school boards; and
2311          (f) Section 53E-4-408, requiring an independent evaluation of instructional materials.
2312          (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
2313     school is considered an educational procurement unit as defined in Section 63G-6a-103.
2314          (5) Each charter school shall be subject to:
2315          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2316          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2317          (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
2318     of certain nonprofit corporations. A charter school is subject to the requirements of Section
2319     53G-5-404.
2320          (7) (a) The State Charter School Board shall, in concert with the charter schools, study
2321     existing state law and administrative rules for the purpose of determining from which laws and
2322     rules charter schools should be exempt.
2323          (b) (i) The State Charter School Board shall present recommendations for exemption to
2324     the [State Board of Education] state board for consideration.
2325          (ii) The [State Board of Education] state board shall consider the recommendations of

2326     the State Charter School Board and respond within 60 days.
2327          Section 58. Section 53G-5-406 is amended to read:
2328          53G-5-406. Accountability -- Rules.
2329          [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
2330     after consultation with chartering entities, the State Board of Education shall] The state board
2331     shall, after consultation with chartering entities, make rules that:
2332          (1) require a charter school to develop an accountability plan, approved by its charter
2333     school authorizer, during its first year of operation;
2334          (2) require an authorizer to:
2335          (a) visit a charter school at least once during:
2336          (i) its first year of operation; and
2337          (ii) the review period described under Subsection (3); and
2338          (b) provide written reports to its charter schools after the visits; and
2339          (3) establish a review process that is required of a charter school once every five years
2340     by its authorizer.
2341          Section 59. Section 53G-5-407 is amended to read:
2342          53G-5-407. Employees of charter schools.
2343          (1) A charter school shall select its own employees.
2344          (2) The [school's] charter school governing board shall determine the level of
2345     compensation and all terms and conditions of employment, except as otherwise provided in
2346     Subsections (7) and (8) and under this chapter and other related provisions.
2347          (3) The following statutes governing public employees and officers do not apply to a
2348     charter school:
2349          (a) Chapter 11, Part 5, School District and [USDB] Utah Schools for the Deaf and the
2350     Blind Employee Requirements; and
2351          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
2352          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
2353     school, under rules adopted by the [State Board of Education] state board, shall employ

2354     teachers who are licensed.
2355          (b) The [school's] charter school governing board shall disclose the qualifications of its
2356     teachers to the parents of its students.
2357          (5) [State Board of Education] State board rules governing the licensing or certification
2358     of administrative and supervisory personnel do not apply to charter schools.
2359          (6) (a) An employee of a school district may request a leave of absence in order to
2360     work in a charter school upon approval of the local school board.
2361          (b) While on leave, the employee may retain seniority accrued in the school district and
2362     may continue to be covered by the benefit program of the district if the charter school and the
2363     [locally elected] local school board mutually agree.
2364          (7) (a) A proposed or authorized charter school may elect to participate as an employer
2365     for retirement programs under:
2366          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
2367          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
2368          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
2369          (b) An election under this Subsection (7):
2370          (i) shall be documented by a resolution adopted by the charter school governing board
2371     [of the charter school]; and
2372          (ii) applies to the charter school as the employer and to all employees of the charter
2373     school.
2374          (c) The charter school governing board [of a charter school] may offer employee
2375     benefit plans for its employees:
2376          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
2377     or
2378          (ii) under any other program.
2379          (8) A charter school may not revoke an election to participate made under Subsection
2380     (7).
2381          (9) The charter school governing board [of a charter school] shall ensure that, prior to

2382     the beginning of each school year:
2383          (a) each of the charter school's employees signs a document acknowledging that the
2384     employee:
2385          (i) has received:
2386          (A) the disclosure required under Section 63A-4-204.5 if the charter school participates
2387     in the Risk Management Fund; or
2388          (B) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
2389     the charter school does not participate in the Risk Management Fund; and
2390          (ii) understands the legal liability protection provided to the employee and what is not
2391     covered, as explained in the disclosure; and
2392          (b) (i) at least one of the charter school's employees or another person is assigned
2393     human resource management duties, as defined in Section 17B-1-805; and
2394          (ii) the assigned employee or person described in Subsection (9)(b)(i) receives human
2395     resource management training, as defined in Section 17B-1-805.
2396          Section 60. Section 53G-5-408 is amended to read:
2397          53G-5-408. Criminal background checks on school personnel.
2398          The following individuals are required to submit to a criminal background check and
2399     ongoing monitoring as provided in Section 53G-11-402:
2400          (1) an employee of a charter school who does not hold a current Utah educator license
2401     issued by the [State Board of Education] state board under Title 53E, Chapter 6, Education
2402     Professional Licensure;
2403          (2) a volunteer for a charter school who is given significant unsupervised access to a
2404     student in connection with the volunteer's assignment;
2405          (3) a contract employee, as defined in Section 53G-11-401, who works at a charter
2406     school; and
2407          (4) a charter school governing board member.
2408          Section 61. Section 53G-5-409 is amended to read:
2409          53G-5-409. Regulated transactions and relationships -- Definitions --

2410     Rulemaking.
2411          (1) As used in this section:
2412          (a) "Charter school officer" means:
2413          (i) a member of a charter school's governing board;
2414          (ii) a member of a board or an officer of a nonprofit corporation under which a charter
2415     school is organized and managed; or
2416          (iii) the chief administrative officer of a charter school.
2417          (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
2418     compensation, whether as an employee or contractor, is paid from charter school funds.
2419          (ii) "Employment" does not include a charter school volunteer.
2420          (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
2421     uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
2422     sister-in-law, son-in-law, or daughter-in-law.
2423          (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
2424     may not be employed at a charter school.
2425          (b) If a relative of a charter school officer is to be considered for employment in a
2426     charter school, the charter school officer shall:
2427          (i) disclose the relationship, in writing, to the other charter school officers;
2428          (ii) submit the employment decision to the charter school's governing board for the
2429     approval, by majority vote, of the charter school's governing board;
2430          (iii) abstain from voting on the issue; and
2431          (iv) be absent from the portion of the meeting where the employment is being
2432     considered and determined.
2433          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
2434     relative of a charter school officer may not have a financial interest in a contract or other
2435     transaction involving a charter school in which the charter school officer serves as a charter
2436     school officer.
2437          (b) If a charter school's governing board considers entering into a contract or executing

2438     a transaction in which a charter school officer or a relative of a charter school officer has a
2439     financial interest, the charter school officer shall:
2440          (i) disclose the financial interest, in writing, to the other charter school officers;
2441          (ii) submit the contract or transaction decision to the charter school's governing board
2442     for the approval, by majority vote, of the charter school's governing board;
2443          (iii) abstain from voting on the issue; and
2444          (iv) be absent from the portion of the meeting where the contract or transaction is being
2445     considered and determined.
2446          (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
2447     employment for:
2448          (i) the chief administrative officer of a charter school; or
2449          (ii) a relative of the chief administrative officer of a charter school whose employment
2450     is approved in accordance with the provisions in Subsection (2).
2451          (4) The [State Board of Education] state board or State Charter School Board may not
2452     operate a charter school.
2453          Section 62. Section 53G-5-410 is amended to read:
2454          53G-5-410. Safe technology utilization and digital citizenship.
2455          A charter school governing board, or a council formed by a charter school governing
2456     board to prepare a plan for the use of School LAND Trust Program money under Section
2457     53G-7-1206:
2458          (1) shall provide for education and awareness on safe technology utilization and digital
2459     citizenship that empowers:
2460          (a) a student to make smart media and online choices; and
2461          (b) a parent [or guardian] to know how to discuss safe technology use with the parent's
2462     [or guardian's] child;
2463          (2) shall partner with the school's principal and other administrators to ensure that
2464     adequate on and off campus Internet filtering is installed and consistently configured to prevent
2465     viewing of harmful content by students and school personnel, in accordance with charter school

2466     governing board policy and Subsection 53G-7-216(3); and
2467          (3) may partner with one or more non-profit organizations to fulfill the duties described
2468     in Subsections (1) and (2).
2469          Section 63. Section 53G-5-411 is amended to read:
2470          53G-5-411. Charter school fiscal year -- Statistical reports.
2471          (1) A charter school's fiscal year begins on July 1 and ends on June 30.
2472          (2) (a) A charter school shall forward statistical reports for the preceding school year,
2473     containing items required by law or by the [State Board of Education] state board, to the state
2474     superintendent on or before November 1 of each year.
2475          (b) The reports shall include information to enable the state superintendent to complete
2476     the statement required under Subsection 53E-3-301(3)(d)(v).
2477          (3) A charter school shall forward the accounting report required under Section
2478     51-2a-201 to the state superintendent on or before October 15 of each year.
2479          Section 64. Section 53G-5-501 is amended to read:
2480          53G-5-501. Noncompliance -- Rulemaking.
2481          (1) If a charter school is found to be out of compliance with the requirements of
2482     Section 53G-5-404 or the school's charter agreement, the charter school authorizer shall notify
2483     the following in writing that the charter school has a reasonable time to remedy the deficiency,
2484     except as otherwise provided in Subsection 53G-5-503(4):
2485          (a) the charter school governing board [of the charter school]; and
2486          (b) if the charter school is a qualifying charter school with outstanding bonds issued in
2487     accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
2488     Finance Authority.
2489          (2) If the charter school does not remedy the deficiency within the established timeline,
2490     the authorizer may:
2491          (a) subject to the requirements of Subsection (4), take one or more of the following
2492     actions:
2493          (i) remove a charter school director or finance officer;

2494          (ii) remove a charter school governing board member; or
2495          (iii) appoint an interim director or mentor to work with the charter school; or
2496          (b) subject to the requirements of Section 53G-5-503, terminate the school's charter
2497     agreement.
2498          (3) The costs of an interim director or mentor appointed pursuant to Subsection (2)(a)
2499     shall be paid from the funds of the charter school for which the interim director or mentor is
2500     working.
2501          (4) The authorizer shall notify the Utah Charter School Finance Authority before the
2502     authorizer takes an action described in Subsections (2)(a)(i) through (iii) if the charter school is
2503     a qualifying charter school with outstanding bonds issued in accordance with Part 6, Charter
2504     School Credit Enhancement Program.
2505          (5) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2506     the State Board of Education] The state board shall make rules:
2507          (a) specifying the timeline for remedying deficiencies under Subsection (1); and
2508          (b) ensuring the compliance of a charter school with its approved charter agreement.
2509          Section 65. Section 53G-5-502 is amended to read:
2510          53G-5-502. Voluntary school improvement process.
2511          (1) As used in this section, "high performing charter school" means a charter school
2512     that:
2513          (a) satisfies all requirements of state law and [State Board of Education] state board
2514     rules;
2515          (b) has operated for at least three years meeting the terms of the school's charter
2516     agreement; and
2517          (c) is in good standing with the charter school's authorizer.
2518          (2) (a) Subject to Subsection (2)(b), a charter school governing board may voluntarily
2519     request the charter school's authorizer to place the school in a school improvement process.
2520          (b) A charter school governing board shall provide notice and a hearing on the charter
2521     school governing board's intent to make a request under Subsection (2)(a) to parents [and

2522     guardians] of students enrolled in the charter school.
2523          (3) An authorizer may grant a charter school governing board's request to be placed in
2524     a school improvement process if the charter school governing board has provided notice and a
2525     hearing under Subsection (2)(b).
2526          (4) An authorizer that has entered into a school improvement process with a charter
2527     school governing board shall:
2528          (a) enter into a contract with the charter school governing board on the terms of the
2529     school improvement process;
2530          (b) notify the [State Board of Education] state board that the authorizer has entered into
2531     a school improvement process with the charter school governing board;
2532          (c) make a report to a committee of the [State Board of Education] state board
2533     regarding the school improvement process; and
2534          (d) notify the Utah Charter School Finance Authority that the authorizer has entered
2535     into a school improvement process with the charter school governing board if the charter
2536     school is a qualifying charter school with outstanding bonds issued in accordance with Part 6,
2537     Charter School Credit Enhancement Program.
2538          (5) Upon notification under Subsection (4)(b), and after the report described in
2539     Subsection (4)(c), the [State Board of Education] state board shall notify charter schools and
2540     the school district in which the charter school is located that the charter school governing board
2541     has entered into a school improvement process with the charter school's authorizer.
2542          (6) A high performing charter school or the school district in which the charter school
2543     is located may apply to the charter school governing board to assume operation and control of
2544     the charter school that has been placed in a school improvement process.
2545          (7) A charter school governing board that has entered into a school improvement
2546     process shall review applications submitted under Subsection (6) and submit a proposal to the
2547     charter school's authorizer to:
2548          (a) terminate the school's charter, notwithstanding the requirements of Section
2549     53G-5-503; and

2550          (b) transfer operation and control of the charter school to:
2551          (i) the school district in which the charter school is located; or
2552          (ii) a high performing charter school.
2553          (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
2554     may:
2555          (a) approve a charter school governing board's proposal under Subsection (7); or
2556          (b) (i) deny a charter school governing board's proposal under Subsection (7); and
2557          (ii) (A) terminate the school's charter agreement in accordance with Section
2558     53G-5-503;
2559          (B) allow the charter school governing board to submit a revised proposal; or
2560          (C) take no action.
2561          (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
2562     school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2563     Enhancement Program, without mutual agreement of the Utah Charter School Finance
2564     Authority and the authorizer.
2565          (10) (a) An authorizer that intends to transfer operation and control of a charter school
2566     as described in Subsection (7)(b) shall request approval from the [State Board of Education]
2567     state board.
2568          (b) (i) The [State Board of Education] state board shall consider an authorizer's request
2569     under Subsection (10)(a) within 30 days of receiving the request.
2570          (ii) If the [State Board of Education] state board denies an authorizer's request under
2571     Subsection (10)(a), the authorizer may not transfer operation and control of the charter school
2572     as described in Subsection (7)(b).
2573          (iii) If the [State Board of Education] state board does not take action on an authorizer's
2574     request under Subsection (10)(a) within 30 days of receiving the request, an authorizer may
2575     proceed to transfer operation and control of the charter school as described in Subsection
2576     (7)(b).
2577          Section 66. Section 53G-5-503 is amended to read:

2578          53G-5-503. Termination of a charter agreement.
2579          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
2580     terminate a school's charter agreement for any of the following reasons:
2581          (a) failure of the charter school to meet the requirements stated in the charter
2582     agreement;
2583          (b) failure to meet generally accepted standards of fiscal management;
2584          (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
2585     School Turnaround and Leadership Development; and
2586          (ii) failure to improve the school's grade under the conditions described in Title 53E,
2587     Chapter 5, Part 3, School Turnaround and Leadership Development;
2588          (d) violation of requirements under this chapter or another law; or
2589          (e) other good cause shown.
2590          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
2591     state the grounds for the termination, and stipulate that the charter school governing board may
2592     request an informal hearing before the authorizer:
2593          (i) the charter school governing board [of the charter school]; and
2594          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
2595     accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
2596     Finance Authority.
2597          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
2598     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
2599     receiving a written request under Subsection (2)(a).
2600          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
2601     the charter school governing board [of the charter school] may appeal the decision to the [State
2602     Board of Education] state board.
2603          (d) (i) The [State Board of Education] state board shall hear an appeal of a termination
2604     made pursuant to Subsection (2)(c).
2605          (ii) The [State Board of Education] state board's action is final action subject to judicial

2606     review.
2607          (e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
2608     charter school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2609     Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
2610     120 days or more after notifying the following of the proposed termination:
2611          (A) the charter school governing board of the qualifying charter school; and
2612          (B) the Utah Charter School Finance Authority.
2613          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
2614     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
2615     remedied in lieu of termination of the qualifying charter school's charter agreement.
2616          (3) An authorizer may not terminate the charter agreement of a qualifying charter
2617     school with outstanding bonds issued in accordance with Part 6, Charter School Credit
2618     Enhancement Program, without mutual agreement of the Utah Charter School Finance
2619     Authority and the authorizer.
2620          (4) (a) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2621     the State Board of Education] The state board shall make rules that require a charter school to
2622     report any threats to the health, safety, or welfare of its students to the State Charter School
2623     Board in a timely manner.
2624          (b) The rules under Subsection (4)(a) shall also require the charter school report to
2625     include what steps the charter school has taken to remedy the threat.
2626          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
2627     charter agreement immediately if good cause has been shown or if the health, safety, or welfare
2628     of the students at the school is threatened.
2629          (6) If a charter agreement is terminated during a school year, the following entities may
2630     apply to the charter school's authorizer to assume operation of the school:
2631          (a) the school district where the charter school is located;
2632          (b) the charter school governing board of another charter school; or
2633          (c) a private management company.

2634          (7) (a) If a charter agreement is terminated, a student who attended the school may
2635     apply to and shall be enrolled in another public school under the enrollment provisions of
2636     Chapter 6, Part 3, School District Residency, subject to space availability.
2637          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
2638          Section 67. Section 53G-5-504 is amended to read:
2639          53G-5-504. Charter school closure.
2640          (1) If a charter school is closed for any reason, including the termination of a charter
2641     agreement in accordance with Section 53G-5-503 or the conversion of a charter school to a
2642     private school, the provisions of this section apply.
2643          (2) A decision to close a charter school is made:
2644          (a) when a charter school authorizer approves a motion to terminate described in
2645     Subsection 53G-5-503(2)(c);
2646          (b) when the [State Board of Education] state board takes final action described in
2647     Subsection 53G-5-503(2)(d)(ii); or
2648          (c) when a charter school provides notice to the charter school's authorizer that the
2649     charter school is relinquishing the charter school's charter.
2650          (3) (a) No later than 10 days after the day on which a decision to close a charter school
2651     is made, the charter school shall:
2652          (i) provide notice to the following, in writing, of the decision:
2653          (A) if the charter school made the decision to close, the charter school's authorizer;
2654          (B) the State Charter School Board;
2655          (C) if the [State Board of Education] state board did not make the decision to close, the
2656     [State Board of Education] state board;
2657          (D) parents of students enrolled at the charter school;
2658          (E) the charter school's creditors;
2659          (F) the charter school's lease holders;
2660          (G) the charter school's bond issuers;
2661          (H) other entities that may have a claim to the charter school's assets;

2662          (I) the school district in which the charter school is located and other charter schools
2663     located in that school district; and
2664          (J) any other person that the charter school determines to be appropriate; and
2665          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
2666     63F-1-701.
2667          (b) The notice described in Subsection (3)(a) shall include:
2668          (i) the proposed date of the charter school closure;
2669          (ii) the charter school's plans to help students identify and transition into a new school;
2670     and
2671          (iii) contact information for the charter school during the transition.
2672          (4) No later than 10 days after the day on which a decision to close a charter school is
2673     made, the closing charter school shall:
2674          (a) designate a custodian for the protection of student files and school business records;
2675          (b) designate a base of operation that will be maintained throughout the charter school
2676     closing, including:
2677          (i) an office;
2678          (ii) hours of operation;
2679          (iii) operational telephone service with voice messaging stating the hours of operation;
2680     and
2681          (iv) a designated individual to respond to questions or requests during the hours of
2682     operation;
2683          (c) assure that the charter school will maintain insurance coverage and risk
2684     management coverage throughout the transition to closure and for a period following closure of
2685     the charter school as specified by the charter school's authorizer;
2686          (d) assure that the charter school will complete by the set deadlines for all fiscal years
2687     in which funds are received or expended by the charter school a financial audit and any other
2688     procedure required by state board rule;
2689          (e) inventory all assets of the charter school; and

2690          (f) list all creditors of the charter school and specifically identify secured creditors and
2691     assets that are security interests.
2692          (5) The closing charter school's authorizer shall oversee the closing charter school's
2693     compliance with Subsection (4).
2694          (6) (a) A closing charter school shall return any assets remaining, after all liabilities
2695     and obligations of the closing charter school are paid or discharged, to the closing charter
2696     school's authorizer.
2697          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
2698     assign the assets to another public school.
2699          (7) The closing charter school's authorizer shall oversee liquidation of assets and
2700     payment of debt in accordance with state board rule.
2701          (8) The closing charter school shall:
2702          (a) comply with all state and federal reporting requirements; and
2703          (b) submit all documentation and complete all state and federal reports required by the
2704     closing charter school's authorizer or the [State Board of Education] state board , including
2705     documents to verify the closing charter school's compliance with procedural requirements and
2706     satisfaction of all financial issues.
2707          (9) When the closing charter school's financial affairs are closed out and dissolution is
2708     complete, the authorizer shall ensure that a final audit of the charter school is completed.
2709          (10) On or before January 1, 2017, [in accordance with Title 63G, Chapter 3, Utah
2710     Administrative Rulemaking Act, the State Board of Education] the state board shall, after
2711     considering suggestions from charter school authorizers, make rules that:
2712          (a) provide additional closure procedures for charter schools ; and
2713          (b) establish a charter school closure process.
2714          Section 68. Section 53G-5-505 is amended to read:
2715          53G-5-505. Tort liability.
2716          (1) An employee of a charter school is a public employee and the charter school
2717     governing board is a public employer in the same manner as a local school board for purposes

2718     of tort liability.
2719          (2) The charter school governing board [of a charter school], the nonprofit corporation
2720     under which the charter school is organized and managed, and the school are solely liable for
2721     any damages resulting from a legal challenge involving the operation of the school.
2722          Section 69. Section 53G-5-602 is amended to read:
2723          53G-5-602. Utah Charter School Finance Authority created -- Members --
2724     Compensation -- Services.
2725          (1) There is created a body politic and corporate known as the Utah Charter School
2726     Finance Authority. The authority is created to provide an efficient and cost-effective method of
2727     financing charter school facilities.
2728          (2) The governing board of the authority shall be composed of:
2729          (a) the governor or the governor's designee;
2730          (b) the state treasurer; and
2731          (c) the state superintendent [of public instruction] or the state superintendent's
2732     designee.
2733          (3) A member may not receive compensation or benefits for the member's service, but
2734     may receive per diem and travel expenses in accordance with:
2735          (a) Section 63A-3-106;
2736          (b) Section 63A-3-107; and
2737          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2738     63A-3-107.
2739          (4) Upon request, the [State Board of Education] state board shall provide staff support
2740     to the authority.
2741          Section 70. Section 53G-6-201 is amended to read:
2742          53G-6-201. Definitions.
2743          For purposes of this part:
2744          (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
2745     school-age minor assigned to a class or class period to attend the entire class or class period.

2746          (b) A school-age minor may not be considered absent under this part more than one
2747     time during one day.
2748          (2) "Habitual truant" means a school-age minor who:
2749          (a) is at least 12 years old;
2750          (b) is subject to the requirements of Section 53G-6-202; and
2751          (c) (i) is truant at least 10 times during one school year; or
2752          (ii) fails to cooperate with efforts on the part of school authorities to resolve the
2753     minor's attendance problem as required under Section 53G-6-206.
2754          (3) "Minor" means a person under the age of 18 years.
2755          (4) "Parent" includes:
2756          (a) a custodial parent of the minor;
2757          (b) a legally appointed guardian of a minor; or
2758          (c) any other person purporting to exercise any authority over the minor which could be
2759     exercised by a person described in Subsection (4)(a) or (b).
2760          (5) "School-age minor" means a minor who:
2761          (a) is at least six years old, but younger than 18 years old; and
2762          (b) is not emancipated.
2763          (6) "School year" means the period of time designated by a local school board or
2764     [local] charter school governing board as the school year for the school where the school-age
2765     minor:
2766          (a) is enrolled; or
2767          (b) should be enrolled, if the school-age minor is not enrolled in school.
2768          (7) "Truant" means absent without a valid excuse.
2769          (8) "Truant minor" means a school-age minor who:
2770          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
2771          (b) is truant.
2772          (9) "Valid excuse" means:
2773          (a) an illness, which may be either mental or physical;

2774          (b) a family death;
2775          (c) an approved school activity;
2776          (d) an absence permitted by a school-age minor's:
2777          (i) individualized education program, developed pursuant to the Individuals with
2778     Disabilities Education Improvement Act of 2004, as amended; or
2779          (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
2780     of 1973, as amended; or
2781          (e) any other excuse established as valid by a local school board, [local] charter school
2782     governing board, or school district.
2783          Section 71. Section 53G-6-202 is amended to read:
2784          53G-6-202. Compulsory education.
2785          (1) For purposes of this section:
2786          (a) "Intentionally" is as defined in Section 76-2-103.
2787          (b) "Recklessly" is as defined in Section 76-2-103.
2788          (c) "Remainder of the school year" means the portion of the school year beginning on
2789     the day after the day on which the notice of compulsory education violation described in
2790     Subsection (3) is served and ending on the last day of the school year.
2791          (d) "School-age child" means a school-age minor under the age of 14.
2792          (2) Except as provided in Section 53G-6-204 or 53G-6-702, the parent of a school-age
2793     minor shall enroll and send the school-age minor to a public or regularly established private
2794     school.
2795          (3) A school administrator, a designee of a school administrator, a law enforcement
2796     officer acting as a school resource officer, or a truancy specialist may issue a notice of
2797     compulsory education violation to a parent of a school-age child if the school-age child is
2798     absent without a valid excuse at least five times during the school year.
2799          (4) The notice of compulsory education violation, described in Subsection (3):
2800          (a) shall direct the parent of the school-age child to:
2801          (i) meet with school authorities to discuss the school-age child's school attendance

2802     problems; and
2803          (ii) cooperate with the local school board, [local] charter school governing board, or
2804     school district in securing regular attendance by the school-age child;
2805          (b) shall designate the school authorities with whom the parent is required to meet;
2806          (c) shall state that it is a class B misdemeanor for the parent of the school-age child to
2807     intentionally or recklessly:
2808          (i) fail to meet with the designated school authorities to discuss the school-age child's
2809     school attendance problems; or
2810          (ii) fail to prevent the school-age child from being absent without a valid excuse five or
2811     more times during the remainder of the school year;
2812          (d) shall be served on the school-age child's parent by personal service or certified
2813     mail; and
2814          (e) may not be issued unless the school-age child has been truant at least five times
2815     during the school year.
2816          (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
2817     recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
2818     from enrollment under Section 53G-6-204 or 53G-6-702.
2819          (6) It is a class B misdemeanor for a parent of a school-age child to, after being served
2820     with a notice of compulsory education violation in accordance with Subsections (3) and (4),
2821     intentionally or recklessly:
2822          (a) fail to meet with the school authorities designated in the notice of compulsory
2823     education violation to discuss the school-age child's school attendance problems; or
2824          (b) fail to prevent the school-age child from being absent without a valid excuse five or
2825     more times during the remainder of the school year.
2826          (7) A local school board, [local] charter school governing board, or school district shall
2827     report violations of this section to the appropriate county or district attorney.
2828          (8) If school personnel have reason to believe that, after a notice of compulsory
2829     education violation is issued, the parent [or guardian] has failed to make a good faith effort to

2830     ensure that the child receives an appropriate education, the issuer of the compulsory education
2831     violation shall report to the Division of Child and Family Services:
2832          (a) identifying information of the child and the child's parent [or guardian] who
2833     received the notice of compulsory education violation;
2834          (b) information regarding the longest number of consecutive school days the
2835     school-age minor has been absent from school and the percentage of school days the child has
2836     been absent during each relevant school term;
2837          (c) whether the child has made adequate educational progress;
2838          (d) whether the requirements of Section 53G-6-206 have been met;
2839          (e) whether the child is two or more years behind the local public school's age group
2840     expectations in one or more basic skills; and
2841          (f) whether the child is receiving special education services or systematic remediation
2842     efforts.
2843          Section 72. Section 53G-6-203 is amended to read:
2844          53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
2845     authorities.
2846          (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age minor who is
2847     enrolled in a public school shall attend the public school in which the school-age minor is
2848     enrolled.
2849          (2) A local school board, charter school governing board, or school district may impose
2850     administrative penalties on a school-age minor in accordance with Section 53G-8-211 who is
2851     truant.
2852          (3) A local school board or charter school governing board:
2853          (a) may authorize a school administrator, a designee of a school administrator, a law
2854     enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
2855     of truancy to school-age minors who are at least 12 years old; and
2856          (b) shall establish a procedure for a school-age minor, or the school-age minor's
2857     parents, to contest a notice of truancy.

2858          (4) The notice of truancy described in Subsection (3):
2859          (a) may not be issued until the school-age minor has been truant at least five times
2860     during the school year;
2861          (b) may not be issued to a school-age minor who is less than 12 years old;
2862          (c) may not be issued to a minor exempt from school attendance as provided in Section
2863     53G-6-204 or 53G-6-702;
2864          (d) shall direct the school-age minor and the parent of the school-age minor to:
2865          (i) meet with school authorities to discuss the school-age minor's truancies; and
2866          (ii) cooperate with the local school board, [local] charter school governing board, or
2867     school district in securing regular attendance by the school-age minor; and
2868          (e) shall be mailed to, or served on, the school-age minor's parent.
2869          (5) Nothing in this part prohibits a local school board, charter school governing board,
2870     or school district from taking action to resolve a truancy problem with a school-age minor who
2871     has been truant less than five times, provided that the action does not conflict with the
2872     requirements of this part.
2873          Section 73. Section 53G-6-204 is amended to read:
2874          53G-6-204. Minors exempt from school attendance.
2875          (1) (a) A local school board or charter school governing board may excuse a school-age
2876     minor from attendance for any of the following reasons:
2877          (i) a school-age minor over age 16 may receive a partial release from school to enter
2878     employment, or attend a trade school, if the school-age minor has completed [the eighth] grade
2879     8; or
2880          (ii) on an annual basis, a school-age minor may receive a full release from attending a
2881     public, regularly established private, or part-time school or class if:
2882          (A) the school-age minor has already completed the work required for graduation from
2883     high school, or has demonstrated mastery of required skills and competencies in accordance
2884     with Subsection 53F-2-501(1);
2885          (B) the school-age minor is in a physical or mental condition, certified by a competent

2886     physician if required by the local school board or charter school governing board, which
2887     renders attendance inexpedient and impracticable;
2888          (C) proper influences and adequate opportunities for education are provided in
2889     connection with the school-age minor's employment; or
2890          (D) the district superintendent or charter school governing board has determined that a
2891     school-age minor over the age of 16 is unable to profit from attendance at school because of
2892     inability or a continuing negative attitude toward school regulations and discipline.
2893          (b) A school-age minor receiving a partial release from school under Subsection
2894     (1)(a)(i) is required to attend:
2895          (i) school part time as prescribed by the local school board or charter school governing
2896     board; or
2897          (ii) a home school part time.
2898          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
2899     must be sufficient to satisfy the local school board or charter school governing board.
2900          (d) A local school board or charter school governing board that excuses a school-age
2901     minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor
2902     is excused from attendance during the time specified on the certificate.
2903          (2) (a) A local school board shall excuse a school-age minor from attendance, if the
2904     school-age minor's parent files a signed and notarized affidavit with the school-age minor's
2905     school district of residence, as defined in Section 53G-6-302, that:
2906          (i) the school-age minor will attend a home school; and
2907          (ii) the parent assumes sole responsibility for the education of the school-age minor,
2908     except to the extent the school-age minor is dual enrolled in a public school as provided in
2909     Section 53G-6-702.
2910          (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
2911     remain in effect as long as:
2912          (i) the school-age minor attends a home school; and
2913          (ii) the school district where the affidavit was filed remains the school-age minor's

2914     district of residence.
2915          (c) A parent of a school-age minor who attends a home school is solely responsible for:
2916          (i) the selection of instructional materials and textbooks;
2917          (ii) the time, place, and method of instruction; and
2918          (iii) the evaluation of the home school instruction.
2919          (d) A local school board may not:
2920          (i) require a parent of a school-age minor who attends a home school to maintain
2921     records of instruction or attendance;
2922          (ii) require credentials for individuals providing home school instruction;
2923          (iii) inspect home school facilities; or
2924          (iv) require standardized or other testing of home school students.
2925          (e) Upon the request of a parent, a local school board shall identify the knowledge,
2926     skills, and competencies a student is recommended to attain by grade level and subject area to
2927     assist the parent in achieving college and career readiness through home schooling.
2928          (f) A local school board that excuses a school-age minor from attendance as provided
2929     by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
2930     excused from attendance for the specified school year.
2931          (g) A local school board shall issue a certificate excusing a school-age minor from
2932     attendance:
2933          (i) within 30 days after receipt of a signed and notarized affidavit filed by the
2934     school-age minor's parent pursuant to this Subsection (2); and
2935          (ii) on or before August 1 each year thereafter unless:
2936          (A) the school-age minor enrolls in a school within the school district;
2937          (B) the school-age minor's parent [or guardian] notifies the school district that the
2938     school-age minor no longer attends a home school; or
2939          (C) the school-age minor's parent [or guardian] notifies the school district that the
2940     school-age minor's school district of residence has changed.
2941          (3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)

2942     is exempt from the application of Subsections 53G-6-202(2), (5), and (6).
2943          (4) Nothing in this section may be construed to prohibit or discourage voluntary
2944     cooperation, resource sharing, or testing opportunities between a school or school district and a
2945     parent [or guardian] of a minor attending a home school.
2946          Section 74. Section 53G-6-205 is amended to read:
2947          53G-6-205. Preapproval of extended absence.
2948          In determining whether to preapprove an extended absence of a school-age minor as a
2949     valid excuse under Subsection 53G-6-201(9)(e), a local school board, [local] charter school
2950     governing board, or school district shall approve the absence if the local school board, [local]
2951     charter school governing board, or school district determines that the extended absence will not
2952     adversely impact the school-age minor's education.
2953          Section 75. Section 53G-6-206 is amended to read:
2954          53G-6-206. Duties of a local school board, charter school governing board, or
2955     school district in resolving attendance problems -- Parental involvement -- Liability not
2956     imposed.
2957          (1) (a) Except as provided in Subsection (1)(b), a local school board, [local] charter
2958     school governing board, or school district shall make efforts to resolve the school attendance
2959     problems of each school-age minor who is, or should be, enrolled in the school district.
2960          (b) A minor exempt from school attendance under Section 53G-6-204 or 53G-6-702 is
2961     not considered to be a minor who is or should be enrolled in a school district or charter school
2962     under Subsection (1)(a).
2963          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
2964          (a) counseling of the minor by school authorities;
2965          (b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
2966     accordance with Section 53G-6-203;
2967          (c) issuing a notice of compulsory education violation to a parent of a school-age child,
2968     in accordance with Section 53G-6-202;
2969          (d) making any necessary adjustment to the curriculum and schedule to meet special

2970     needs of the minor;
2971          (e) considering alternatives proposed by a parent;
2972          (f) monitoring school attendance of the minor;
2973          (g) voluntary participation in truancy mediation, if available; and
2974          (h) providing a school-age minor's parent, upon request, with a list of resources
2975     available to assist the parent in resolving the school-age minor's attendance problems.
2976          (3) In addition to the efforts described in Subsection (2), the local school board, [local]
2977     charter school governing board, or school district may enlist the assistance of community and
2978     law enforcement agencies as appropriate and reasonably feasible in accordance with Section
2979     53G-8-211.
2980          (4) This section does not impose civil liability on boards of education, local school
2981     boards, [local] charter school governing boards, school districts, or their employees.
2982          (5) Proceedings initiated under this part do not obligate or preclude action by the
2983     Division of Child and Family Services under Section 78A-6-319.
2984          Section 76. Section 53G-6-207 is amended to read:
2985          53G-6-207. Truancy specialists.
2986          A local school board or [local] charter school governing board may appoint and fix the
2987     compensation of a truancy specialist to assist in enforcing laws related to school attendance and
2988     to perform other duties prescribed by law or the state board.
2989          Section 77. Section 53G-6-208 is amended to read:
2990          53G-6-208. Taking custody of a person believed to be a truant minor --
2991     Disposition -- Reports -- Immunity from liability.
2992          (1) A peace officer or public school administrator may take a minor into temporary
2993     custody if there is reason to believe the minor is a truant minor.
2994          (2) An individual taking a school-age minor into custody under Subsection (1) shall,
2995     without unnecessary delay, release the minor to:
2996          (a) the principal of the minor's school;
2997          (b) a person who has been designated by the local school board or [local] charter

2998     school governing board to receive and return the minor to school; or
2999          (c) a truancy center established under Subsection (5).
3000          (3) If the minor refuses to return to school or go to the truancy center, the officer or
3001     administrator shall, without unnecessary delay, notify the minor's parents and release the minor
3002     to their custody.
3003          (4) If the parents cannot be reached or are unable or unwilling to accept custody and
3004     none of the options in Subsection (2) are available, the minor shall be referred to the Division
3005     of Child and Family Services.
3006          (5) (a) A local school board or [local] charter school governing board, singly or jointly
3007     with another school board, may establish or designate truancy centers within existing school
3008     buildings and staff the centers with existing teachers or staff to provide educational guidance
3009     and counseling for truant minors. Upon receipt of a truant minor, the center shall, without
3010     unnecessary delay, notify and direct the minor's parents to come to the center, pick up the
3011     minor, and return the minor to the school in which the minor is enrolled.
3012          (b) If the parents cannot be reached or are unable or unwilling to comply with the
3013     request within a reasonable time, the center shall take such steps as are reasonably necessary to
3014     insure the safety and well being of the minor, including, when appropriate, returning the minor
3015     to school or referring the minor to the Division of Child and Family Services. A minor taken
3016     into custody under this section may not be placed in a detention center or other secure
3017     confinement facility.
3018          (6) Action taken under this section shall be reported to the appropriate school district.
3019     The district shall promptly notify the minor's parents of the action taken.
3020          (7) The Utah Governmental Immunity Act applies to all actions taken under this
3021     section.
3022          (8) Nothing in this section may be construed to grant authority to a public school
3023     administrator to place a minor in the custody of the Division of Child and Family Services,
3024     without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
3025     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.

3026          Section 78. Section 53G-6-209 is amended to read:
3027          53G-6-209. Truancy support centers.
3028          (1) A school district may establish one or more truancy support centers for:
3029          (a) truant minors taken into custody under Section 53G-6-208; or
3030          (b) students suspended or expelled from school.
3031          (2) A truancy support center shall provide services to the truant minor and the truant
3032     minor's family, including:
3033          (a) assessments of the truant minor's needs and abilities;
3034          (b) support for the parents and truant minor through counseling and community
3035     programs; and
3036          (c) tutoring for the truant minor during the time spent at the center.
3037          (3) For the suspended or expelled student, the truancy support center shall provide an
3038     educational setting, staffed with certified teachers and aides, to provide the student with
3039     ongoing educational programming appropriate to the student's grade level.
3040          (4) In a district with a truancy support center, all students suspended or expelled from
3041     school shall be referred to the center. A parent [or guardian] shall appear with the student at
3042     the center within 48 hours of the suspension or expulsion, not including weekends or holidays.
3043     The student shall register and attend classes at the truancy support center for the duration of the
3044     suspension or expulsion unless the parent [or guardian] demonstrates that alternative
3045     arrangements have been made for the education or supervision of the student during the time of
3046     suspension or expulsion.
3047          (5) The truancy support center may provide counseling and other support programming
3048     for students suspended or expelled from school and their parents [or guardian].
3049          Section 79. Section 53G-6-302 is amended to read:
3050          53G-6-302. Child's school district of residence -- Determination -- Responsibility
3051     for providing educational services.
3052          (1) As used in this section:
3053          (a) "Health care facility" means the same as that term is defined in Section 26-21-2.

3054          (b) "Human services program" means the same as that term is defined in Section
3055     62A-2-101.
3056          (2) The school district of residence of a minor child whose custodial parent [or legal
3057     guardian] resides within Utah is:
3058          (a) the school district in which the custodial parent [or legal guardian] resides; or
3059          (b) the school district in which the child resides:
3060          (i) while in the custody or under the supervision of a Utah state agency;
3061          (ii) while under the supervision of a private or public agency which is in compliance
3062     with Section 62A-4a-606 and is authorized to provide child placement services by the state;
3063          (iii) while living with a responsible adult resident of the district, if a determination has
3064     been made in accordance with rules made by the [State Board of Education in accordance with
3065     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] state board that:
3066          (A) the child's physical, mental, moral, or emotional health will best be served by
3067     considering the child to be a resident for school purposes;
3068          (B) exigent circumstances exist that do not permit the case to be appropriately
3069     addressed under Section 53G-6-402; and
3070          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
3071     does not violate any other law or rule of the [State Board of Education] state board;
3072          (iv) while the child is receiving services from a health care facility or human services
3073     program, if a determination has been made in accordance with rules made by the [State Board
3074     of Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,]
3075     state board that:
3076          (A) the child's physical, mental, moral, or emotional health will best be served by
3077     considering the child to be a resident for school purposes;
3078          (B) exigent circumstances exist that do not permit the case to be appropriately
3079     addressed under Section 53G-6-402; and
3080          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
3081     does not violate any other law or rule of the [State Board of Education] state board; or

3082          (v) if the child is married or has been determined to be an emancipated minor by a
3083     court of law or by a state administrative agency authorized to make that determination.
3084          (3) A minor child whose custodial parent [or legal guardian] does not reside in the state
3085     is considered to be a resident of the district in which the child lives, unless that designation
3086     violates any other law or rule of the [State Board of Education] state board, if:
3087          (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
3088          (b) the child lives with a resident of the district who is a responsible adult and whom
3089     the district agrees to designate as the child's legal guardian under Section 53G-6-303;
3090          (c) if permissible under policies adopted by a local school board, it is established to the
3091     satisfaction of the local school board that:
3092          (i) the child lives with a responsible adult who is a resident of the district and is the
3093     child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
3094          (ii) the child's presence in the district is not for the primary purpose of attending the
3095     public schools;
3096          (iii) the child's physical, mental, moral, or emotional health will best be served by
3097     considering the child to be a resident for school purposes; and
3098          (iv) the child is prepared to abide by the [rules and] policies of the school and school
3099     district in which attendance is sought; or
3100          (d) it is established to the satisfaction of the local school board that:
3101          (i) the child's parent [or guardian] moves from the state;
3102          (ii) the child's parent [or guardian] executes a power of attorney under Section
3103     75-5-103 that:
3104          (A) meets the requirements of Subsection (4); and
3105          (B) delegates powers regarding care, custody, or property, including schooling, to a
3106     responsible adult with whom the child resides;
3107          (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
3108     district;
3109          (iv) the child's physical, mental, moral, or emotional health will best be served by

3110     considering the child to be a resident for school purposes;
3111          (v) the child is prepared to abide by the [rules and] policies of the school and school
3112     district in which attendance is sought; and
3113          (vi) the child's attendance in the school will not be detrimental to the school or school
3114     district.
3115          (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
3116     district may require the person with whom the child lives to be designated as the child's
3117     custodian in a durable power of attorney, issued by the party who has legal custody of the child,
3118     granting the custodian full authority to take any appropriate action, including authorization for
3119     educational or medical services, in the interests of the child.
3120          (b) Both the party granting and the party empowered by the power of attorney shall
3121     agree to:
3122          (i) assume responsibility for any fees or other charges relating to the child's education
3123     in the district; and
3124          (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
3125     school district with all financial information requested by the district for purposes of
3126     determining eligibility for fee waivers.
3127          (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
3128     this section and accepted by the school district shall remain in force until the earliest of the
3129     following occurs:
3130          (i) the child reaches the age of 18, marries, or becomes emancipated;
3131          (ii) the expiration date stated in the document; or
3132          (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
3133     or by order of a court of competent jurisdiction.
3134          (5) A power of attorney does not confer legal guardianship.
3135          (6) Each school district is responsible for providing educational services for all
3136     children of school age who are residents of the district.
3137          Section 80. Section 53G-6-303 is amended to read:

3138          53G-6-303. Guardianship for residency purposes by responsible adult --
3139     Procedure to obtain -- Termination.
3140          (1) For purposes of this part, "responsible adult" means a person 21 years of age or
3141     older who is a resident of this state and is willing and able to provide reasonably adequate food,
3142     clothing, shelter, and supervision for a minor child.
3143          (2) A local school board [of education] may adopt a policy permitting it to designate a
3144     responsible adult residing in the school district as legal guardian of a child whose custodial
3145     parent [or legal guardian] does not reside within the state upon compliance with the following
3146     requirements:
3147          (a) submission to the school district of a signed and notarized affidavit by the child's
3148     custodial parent [or legal guardian] stating that:
3149          (i) the child's presence in the district is not for the primary purpose of attending the
3150     public schools;
3151          (ii) the child's physical, mental, moral, or emotional health would best be served by a
3152     transfer of guardianship to the Utah resident;
3153          (iii) the affiant is aware that designation of a guardian under this section is equivalent
3154     to a court-ordered guardianship under Section 75-5-206 and will suspend or terminate any
3155     existing parental or guardianship rights in the same manner as would occur under a
3156     court-ordered guardianship;
3157          (iv) the affiant consents and submits to any such suspension or termination of parental
3158     or guardianship rights;
3159          (v) the affiant consents and submits to the jurisdiction of the state district court in
3160     which the school district is located in any action relating to the guardianship or custody of the
3161     child in question;
3162          (vi) the affiant designates a named responsible adult as agent, authorized to accept
3163     service on behalf of the affiant of any process, notice, or demand required or permitted to be
3164     served in connection with any action under Subsection (2)(a)(v); and
3165          (vii) it is the affiant's intent that the child become a permanent resident of the state and

3166     reside with and be under the supervision of the named responsible adult;
3167          (b) submission to the school district of a signed and notarized affidavit by the
3168     responsible adult stating that:
3169          (i) the affiant is a resident of the school district and desires to become the guardian of
3170     the child;
3171          (ii) the affiant consents and submits to the jurisdiction of the state district court in
3172     which the school district is located in any action relating to the guardianship or custody of the
3173     child in question;
3174          (iii) the affiant will accept the responsibilities of guardianship for the duration,
3175     including the responsibility to provide adequate supervision, discipline, food, shelter,
3176     educational and emotional support, and medical care for the child if designated as the child's
3177     guardian; and
3178          (iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
3179          (c) submission to the school district of a signed and notarized affidavit by the child
3180     stating that:
3181          (i) the child desires to become a permanent resident of Utah and reside with and be
3182     responsible to the named responsible adult; and
3183          (ii) the child will abide by all applicable [rules] policies of any public school which the
3184     child may attend after guardianship is awarded; and
3185          (d) if the child's custodial parent [or legal guardian] cannot be found in order to execute
3186     the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
3187     to that effect to the district. The district shall also submit a copy of the statement to the
3188     Criminal Investigations and Technical Services Division of the Department of Public Safety,
3189     established in Section 53-10-103.
3190          (3) The district may require the responsible adult, in addition to the documents set forth
3191     in Subsection (2), to also submit any other documents which are relevant to the appointment of
3192     a guardian of a minor or which the district reasonably believes to be necessary in connection
3193     with a given application to substantiate any claim or assertion made in connection with the

3194     application for guardianship.
3195          (4) Upon receipt of the information and documentation required under Subsections (2)
3196     and (3), and a determination by the local school board that the information is accurate, that the
3197     requirements of this section have been met, and that the interests of the child would best be
3198     served by granting the requested guardianship, the local school board or its authorized
3199     representative may designate the applicant as guardian of the child by issuing a designation of
3200     guardianship letter to the applicant.
3201          (5) (a) If a local school board has adopted a policy permitting the local school board to
3202     designate a guardian under this section, a denial of an application for appointment of a
3203     guardian may be appealed to the district court in which the school district is located.
3204          (b) The court shall uphold the decision of the local school board unless it finds, by
3205     clear and convincing evidence, that the local school board's decision was arbitrary and
3206     capricious.
3207          (c) An applicant may, rather than appealing the local school board's decision under
3208     Subsection (5)(b), file an original Petition for Appointment of Guardian with the district court,
3209     which action shall proceed as if no decision had been made by the local school board.
3210          (6) A responsible adult obtaining guardianship under this section has the same rights,
3211     authority, and responsibilities as a guardian appointed under Section 75-5-201.
3212          (7) (a) The school district shall deliver the original documents filed with the school
3213     district, together with a copy of the designation of guardianship issued by the district, in person
3214     or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
3215     the school district is located.
3216          (b) The court may not charge the school district a fee for filing guardianship papers
3217     under this section.
3218          (8) (a) The authority and responsibility of a custodial parent [or legal guardian]
3219     submitting an affidavit under this section may be restored by the district, and the guardianship
3220     obtained under this section terminated by the district:
3221          (i) upon submission to the school district in which the guardianship was obtained of a

3222     signed and notarized statement by the person who consented to guardianship under Subsection
3223     (2)(a) requesting termination of the guardianship; or
3224          (ii) by the person accepting guardianship under Subsection (2)(b) requesting the
3225     termination of the guardianship.
3226          (b) If the school district determines that it would not be in the best interests of the child
3227     to terminate the guardianship, the district may refer the request for termination to the state
3228     district court in which the documents were filed under Subsection (5) for further action
3229     consistent with the interests of the child.
3230          (9) The school district shall retain copies of all documents required by this section
3231     until the child in question has reached the age of 18 unless directed to surrender the documents
3232     by a court of competent jurisdiction.
3233          (10) (a) Intentional submission to a school district of fraudulent or misleading
3234     information under this part is punishable under Section 76-8-504.
3235          (b) A school district which has reason to believe that a party has intentionally
3236     submitted false or misleading information under this part may, after notice and opportunity for
3237     the party to respond to the allegation:
3238          (i) void any guardianship, authorization, or action which was based upon the false or
3239     misleading information; and
3240          (ii) recover, from the party submitting the information, the full cost of any benefits
3241     received by the child on the basis of the false or misleading information, including tuition, fees,
3242     and other unpaid school charges, together with any related costs of recovery.
3243          (c) A student whose guardianship or enrollment has been terminated under this section
3244     may, upon payment of all applicable tuition and fees, continue in enrollment until the end of
3245     the school year unless excluded from attendance for cause.
3246          Section 81. Section 53G-6-305 is amended to read:
3247          53G-6-305. District paying tuition -- Effect on state aid.
3248          (1) A local school board may by written agreement pay the tuition of a child attending
3249     school in a district outside the state. Both districts shall approve the agreement and file it with

3250     the [State Board of Education] state board.
3251          (2) The average daily membership of the child may be added to that of other eligible
3252     children attending schools within the district of residence for the purpose of apportionment of
3253     state funds.
3254          (3) (a) The district of residence shall bear any excess tuition costs over the state's
3255     contribution for attendance in the district of residence unless otherwise approved in advance by
3256     the [State Board of Education] state board.
3257          (b) (i) If a child who resides in a Utah school district's boundaries attends school in a
3258     neighboring state under this section, the [State Board of Education] state board may make an
3259     out-of-state tuition payment to the Utah school district of residence.
3260          (ii) If the [State Board of Education] state board approves the use of state funds for an
3261     out-of-state tuition payment described in Subsection (3)(b)(i), the [State Board of Education]
3262     state board shall use funds appropriated by the Legislature for necessarily existent small
3263     schools as described in Section 53F-2-304.
3264          Section 82. Section 53G-6-306 is amended to read:
3265          53G-6-306. Permitting attendance by nonresident of the state -- Tuition.
3266          (1) A local school board may permit a child residing outside the state to attend school
3267     within the district. With the exception of a child enrolled under Section 53G-6-707, the child
3268     is not included for the purpose of apportionment of state funds.
3269          (2) The local school board shall charge the nonresident child tuition at least equal to
3270     the per capita cost of the school program in which the child enrolls unless the local school
3271     board, in open meeting, determines to waive the charge for that child in whole or in part. The
3272     official minutes of the meeting shall reflect the determination.
3273          Section 83. Section 53G-6-401 is amended to read:
3274          53G-6-401. Definitions.
3275          As used in Sections 53G-6-402 through 53G-6-407:
3276          (1) "Early enrollment" means:
3277          (a) except as provided in Subsection (1)(b), application prior to the third Friday in

3278     February for admission for the next school year to a school that is not a student's school of
3279     residence; and
3280          (b) application prior to November 1 for admission for the next school year to a school
3281     that is not a student's school of residence if:
3282          (i) the school district is doing a district wide grade reconfiguration of its elementary,
3283     middle, junior, and senior high schools; and
3284          (ii) the grade reconfiguration described in Subsection (1)(b)(i) will be implemented in
3285     the next school year.
3286          (2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
3287     number of students who could be served in a school building if each of the building's
3288     instructional stations were to have the enrollment specified in Subsection (2)(b).
3289          (b) (i) Except as provided in Subsection (2)(b)(ii):
3290          (A) for an elementary school, an instructional station shall have an enrollment at least
3291     equal to the school district's average class size for the corresponding grade; and
3292          (B) for a middle, junior, or senior high school, an instructional station shall have an
3293     enrollment at least equal to the district's average class size for similar classes.
3294          (ii) (A) A local school board shall determine the instructional station capacity for
3295     laboratories, physical education facilities, shops, study halls, self-contained special education
3296     classrooms, facilities jointly financed by the school district and another community agency for
3297     joint use, and similar rooms.
3298          (B) Capacity for self-contained special education classrooms shall be based upon
3299     students per class as defined by [State Board of Education] state board and federal special
3300     education standards.
3301          (3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
3302     physical education facility to which a local school board [of education] could reasonably assign
3303     a class, teacher, or program during a given class period.
3304          (b) More than one instructional station may be assigned to a classroom, laboratory,
3305     shop, study hall, or physical education facility during a class period.

3306          (4) "Late enrollment" means application:
3307          (a) after the third Friday in February for admission for the next school year to a school
3308     that is not the student's school of residence; or
3309          (b) for admission for the current year to a school that is not the student's school of
3310     residence.
3311          (5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
3312     of students who could be served in a school if each teacher were to have the class size specified
3313     in Subsection (5)(b).
3314          (b) (i) An elementary school teacher shall have a class size at least equal to the district's
3315     average class size for the corresponding grade.
3316          (ii) A middle, junior, or senior high school teacher shall have a class size at least equal
3317     to the district's average class size for similar classes.
3318          (6) "Nonresident student" means a student who lives outside the boundaries of the
3319     school attendance area.
3320          (7) "Open enrollment threshold" means:
3321          (a) for early enrollment, a projected school enrollment level that is the greater of:
3322          (i) 90% of the maximum capacity; or
3323          (ii) maximum capacity minus 40 students; and
3324          (b) for late enrollment, actual school enrollment that is the greater of:
3325          (i) 90% of adjusted capacity; or
3326          (ii) adjusted capacity minus 40 students.
3327          (8) "Projected school enrollment" means the current year enrollment of a school as of
3328     October 1, adjusted for projected growth for the next school year.
3329          (9) "School attendance area" means an area established by a local school board from
3330     which students are assigned to attend a certain school.
3331          (10) "School of residence" means the school to which a student is assigned to attend
3332     based on the student's place of residence.
3333          Section 84. Section 53G-6-402 is amended to read:

3334          53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing
3335     enrollment.
3336          (1) Each local school board is responsible for providing educational services consistent
3337     with Utah state law and rules of the [State Board of Education] state board for each student
3338     who resides in the district and, as provided in this section through Section 53G-6-407 and to
3339     the extent reasonably feasible, for any student who resides in another district in the state and
3340     desires to attend a school in the district.
3341          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
3342     is at or below the open enrollment threshold.
3343          (b) If a school's enrollment falls below the open enrollment threshold, the local school
3344     board shall allow a nonresident student to enroll in the school.
3345          (3) A local school board may allow enrollment of nonresident students in a school that
3346     is operating above the open enrollment threshold.
3347          (4) (a) A local school board shall adopt policies describing procedures for nonresident
3348     students to follow in applying for entry into the district's schools.
3349          (b) Those procedures shall provide, as a minimum, for:
3350          (i) distribution to interested parties of information about the school or school district
3351     and how to apply for admission;
3352          (ii) use of standard application forms prescribed by the [State Board of Education] state
3353     board;
3354          (iii) (A) submission of applications from December 1 through the third Friday in
3355     February by those seeking admission during the early enrollment period for the following year;
3356     or
3357          (B) submission of applications from August 1 through November 1 by those seeking
3358     admission during the early enrollment period for the following year in a school district
3359     described in Subsection 53G-6-401(1)(b);
3360          (iv) submission of applications by those seeking admission during the late enrollment
3361     period;

3362          (v) written notification to the student's parent [or legal guardian] of acceptance or
3363     rejection of an application:
3364          (A) within six weeks after receipt of the application by the district or by March 31,
3365     whichever is later, for applications submitted during the early enrollment period;
3366          (B) within two weeks after receipt of the application by the district or by the Friday
3367     before the new school year begins, whichever is later, for applications submitted during the late
3368     enrollment period for admission in the next school year; and
3369          (C) within two weeks after receipt of the application by the district, for applications
3370     submitted during the late enrollment period for admission in the current year;
3371          (vi) written notification to the resident school for intradistrict transfers or the resident
3372     district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
3373          (vii) written notification to the parents [or legal guardians] of each student that resides
3374     within the school district and other interested parties of the revised early enrollment period
3375     described in Subsection 53G-6-401(1)(b) if:
3376          (A) the school district is doing a district wide grade reconfiguration of its elementary,
3377     middle, junior, and senior high schools; and
3378          (B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
3379     implemented in the next school year.
3380          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
3381     applications and notifying parents of acceptance or rejection of an application, a local school
3382     board may delay the dates if a local school board is not able to make a reasonably accurate
3383     projection of the early enrollment school capacity or late enrollment school capacity of a school
3384     due to:
3385          (A) school construction or remodeling;
3386          (B) drawing or revision of school boundaries; or
3387          (C) other circumstances beyond the control of the local school board.
3388          (ii) The delay may extend no later than four weeks beyond the date the local school
3389     board is able to make a reasonably accurate projection of the early enrollment school capacity

3390     or late enrollment school capacity of a school.
3391          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
3392     application.
3393          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
3394     subject to the same rules and standards as resident students, without renewed applications in
3395     subsequent years unless one of the following occurs:
3396          (a) the student graduates;
3397          (b) the student is no longer a Utah resident;
3398          (c) the student is suspended or expelled from school; or
3399          (d) the district determines that enrollment within the school will exceed the school's
3400     open enrollment threshold.
3401          (7) (a) Determination of which nonresident students will be excluded from continued
3402     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
3403     the school, with those most recently enrolled being excluded first and the use of a lottery
3404     system when multiple nonresident students have the same number of school days in the school.
3405          (b) Nonresident students who will not be permitted to continue their enrollment shall
3406     be notified no later than March 15 of the current school year.
3407          (8) The parent [or guardian] of a student enrolled in a school that is not the student's
3408     school of residence may withdraw the student from that school for enrollment in another public
3409     school by submitting notice of intent to enroll the student in:
3410          (a) the district of residence; or
3411          (b) another nonresident district.
3412          (9) Unless provisions have previously been made for enrollment in another school, a
3413     nonresident district releasing a student from enrollment shall immediately notify the district of
3414     residence, which shall enroll the student in the resident district and take such additional steps
3415     as may be necessary to ensure compliance with laws governing school attendance.
3416          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
3417     schools, whether effective on the first day of the school year or after the school year has begun,

3418     by exercising an open enrollment option under this section may not transfer to a different
3419     school during the same school year by exercising an open enrollment option under this section.
3420          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
3421     student transfer made for health or safety reasons.
3422          (c) A local school board may adopt a policy allowing a student to exercise an open
3423     enrollment option more than once in a school year.
3424          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
3425     that is not the student's school of residence, because school bus service is not provided between
3426     the student's neighborhood and school of residence for safety reasons:
3427          (a) shall be allowed to continue to attend the school until the student finishes the
3428     highest grade level offered; and
3429          (b) shall be allowed to attend the middle school, junior high school, or high school into
3430     which the school's students feed until the student graduates from high school.
3431          (12) Notwithstanding any other provision of this part or Part 3, School District
3432     Residency, a student shall be allowed to enroll in any charter school or other public school in
3433     any district, including a district where the student does not reside, if the enrollment is
3434     necessary, as determined by the Division of Child and Family Services, to comply with the
3435     provisions of 42 U.S.C. Section 675.
3436          Section 85. Section 53G-6-403 is amended to read:
3437          53G-6-403. Policies for acceptance and rejection of applications.
3438          (1) (a) A local school board shall adopt [rules] policies governing acceptance and
3439     rejection of applications required under Section 53G-6-402.
3440          (b) The [rules] policies adopted under Subsection (1)(a) shall include policies and
3441     procedures to assure that decisions regarding enrollment requests are administered fairly
3442     without prejudice to any student or class of student, except as provided in Subsection (2).
3443          (2) Standards for accepting or rejecting an application for enrollment may include:
3444          (a) for an elementary school, the capacity of the grade level;
3445          (b) for a secondary school, the capacity of a comprehensive program;

3446          (c) maintenance of heterogeneous student populations if necessary to avoid violation of
3447     constitutional or statutory rights of students;
3448          (d) not offering, or having capacity in, an elementary or secondary special education or
3449     other special program the student requires;
3450          (e) maintenance of reduced class sizes:
3451          (i) in a Title I school that uses federal, state, and local money to reduce class sizes for
3452     the purpose of improving student achievement; or
3453          (ii) in a school that uses school trust money to reduce class size;
3454          (f) willingness of prospective students to comply with district policies; and
3455          (g) giving priority to intradistrict transfers over interdistrict transfers.
3456          (3) (a) Standards for accepting or rejecting applications for enrollment may not
3457     include:
3458          (i) previous academic achievement;
3459          (ii) athletic or other extracurricular ability;
3460          (iii) the fact that the student requires special education services for which space is
3461     available;
3462          (iv) proficiency in the English language; or
3463          (v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
3464          (b) A local school board may provide for the denial of applications from students who:
3465          (i) have committed serious infractions of the law or school [rules] policies, including
3466     [rules] policies of the district in which enrollment is sought; or
3467          (ii) have been guilty of chronic misbehavior which would, if it were to continue after
3468     the student was admitted:
3469          (A) endanger persons or property;
3470          (B) cause serious disruptions in the school; or
3471          (C) place unreasonable burdens on school staff.
3472          (c) A local school board may also provide for provisional enrollment of students with
3473     prior behavior problems, establishing conditions under which enrollment of a nonresident

3474     student would be permitted or continued.
3475          (4) (a) The [State Board of Education] state board, in consultation with the Utah High
3476     School Activities Association, shall establish policies regarding nonresident student
3477     participation in interscholastic competition.
3478          (b) Nonresident students shall be eligible for extracurricular activities at a public
3479     school consistent with eligibility standards as applied to students that reside within the school
3480     attendance area, except as provided by policies established under Subsection (4)(a).
3481          (5) For each school in the district, the local school board shall post on the school
3482     district's website:
3483          (a) the school's maximum capacity;
3484          (b) the school's adjusted capacity;
3485          (c) the school's projected enrollment used in the calculation of the open enrollment
3486     threshold;
3487          (d) actual enrollment on October 1, January 2, and April 1;
3488          (e) the number of nonresident student enrollment requests;
3489          (f) the number of nonresident student enrollment requests accepted; and
3490          (g) the number of resident students transferring to another school.
3491          Section 86. Section 53G-6-404 is amended to read:
3492          53G-6-404. Denial of enrollment -- Appeal.
3493          (1) Denial of initial or continuing enrollment in a nonresident school may be appealed
3494     to the local school board [of education] of the nonresident district.
3495          (2) The decision of the local school board shall be upheld in any subsequent
3496     proceedings unless the local school board's decision is found, by clear and convincing
3497     evidence, to be in violation of applicable law or regulation, or to be arbitrary and capricious.
3498          Section 87. Section 53G-6-405 is amended to read:
3499          53G-6-405. Funding.
3500          (1) A student who enrolls in a nonresident district is considered a resident of that
3501     district for purposes of state funding.

3502          (2) The [State Board of Education] state board shall adopt rules providing that:
3503          (a) the resident district pay the nonresident district, for each of the resident district's
3504     students who enroll in the nonresident district, 1/2 of the amount by which the resident
3505     district's per student expenditure exceeds the value of the state's contribution; and
3506          (b) if a student is enrolled in a nonresident district for less than a full year, the resident
3507     district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
3508     of school days the student is enrolled in the nonresident district.
3509          (3) (a) Except as provided in this Subsection (3), the parent [or guardian] of a
3510     nonresident student shall arrange for the student's own transportation to and from school.
3511          (b) The [State Board of Education] state board may adopt rules under which
3512     nonresident students may be transported to their schools of attendance if:
3513          (i) the transportation of students to schools in other districts would relieve
3514     overcrowding or other serious problems in the district of residence and the costs of
3515     transportation are not excessive; or
3516          (ii) the Legislature has granted an adequate specific appropriation for that purpose.
3517          (c) A receiving district shall provide transportation for a nonresident student on the
3518     basis of available space on an approved route within the district to the school of attendance if
3519     district students would be eligible for transportation to the same school from that point on the
3520     bus route and the student's presence does not increase the cost of the bus route.
3521          (d) Nothing in this section shall be construed as prohibiting the resident district or the
3522     receiving district from providing bus transportation on any approved route.
3523          (e) Except as provided in Subsection (3)(b), the district of residence may not claim any
3524     state transportation costs for students enrolled in other school districts.
3525          Section 88. Section 53G-6-406 is amended to read:
3526          53G-6-406. Graduation credits.
3527          (1) A nonresident district shall accept credits toward graduation that were awarded by a
3528     school accredited or approved by the [State Board of Education] state board or a regional
3529     accrediting body recognized by the U.S. Department of Education.

3530          (2) A nonresident district shall award a diploma to a nonresident student attending
3531     school within the district during the semester immediately preceding graduation if the student
3532     meets graduation requirements generally applicable to students in the school.
3533          (3) A district may not require that a student attend school within the district for more
3534     than one semester prior to graduation in order to receive a diploma.
3535          Section 89. Section 53G-6-407 is amended to read:
3536          53G-6-407. Intradistrict transfers for students impacted by boundary changes --
3537     Transportation of students who transfer within a district.
3538          (1) (a) In adjusting school boundaries, a local school board shall strive to avoid
3539     requiring current students to change schools and shall, to the extent reasonably feasible,
3540     accommodate parents who wish to avoid having their children attend different schools of the
3541     same level because of boundary changes which occur after one or more children in the family
3542     begin attending one of the affected schools.
3543          (b) In granting interdistrict and intradistrict transfers to a particular school, the local
3544     school board shall take into consideration the fact that an applicant's brother or sister is
3545     attending the school or another school within the district.
3546          (2) (a) A district shall receive transportation money under Sections 53F-2-402 and
3547     53F-2-403 for resident students who enroll in schools other than the regularly assigned school
3548     on the basis of the distance from the student's residence to the school the student would have
3549     attended had the intradistrict attendance option not been used.
3550          (b) The parent [or guardian] of the student shall arrange for the student's transportation
3551     to and from school, except that the district shall provide transportation on the basis of available
3552     space on an approved route within the district to the school of the student's attendance if the
3553     student would be otherwise eligible for transportation to the same school from that point on the
3554     bus route and the student's presence does not increase the cost of the bus route.
3555          Section 90. Section 53G-6-501 is amended to read:
3556          53G-6-501. Definitions.
3557          As used in this part:

3558          (1) "Asset" means the same as that term is defined in Section 53G-5-102.
3559          (2) "Board of trustees of a higher education institution" or "board of trustees" means
3560     the same as that term is defined in Section 53G-5-102.
3561          [(3) "Charter agreement" or "charter" means the same as that term is defined in Section
3562     53G-5-102.]
3563          [(4)] (3) "Charter school authorizer" or "authorizer" means the same as that term is
3564     defined in Section 53G-5-102.
3565          [(5) "Governing board" means the same as that term is defined in Section 53G-5-102.]
3566          Section 91. Section 53G-6-502 is amended to read:
3567          53G-6-502. Eligible students.
3568          (1) As used in this section:
3569          (a) "At capacity" means operating above the school's open enrollment threshold.
3570          [(b) "District school" means a public school under the control of a local school board
3571     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
3572     Boards.]
3573          [(c)] (b) "Open enrollment threshold" means the same as that term is defined in Section
3574     53G-6-401.
3575          [(d)] (c) "Refugee" means a person who is eligible to receive benefits and services
3576     from the federal Office of Refugee Resettlement.
3577          [(e)] (d) "School of residence" means the same as that term is defined in Section
3578     53G-6-401.
3579          (2) All resident students of the state qualify for admission to a charter school, subject
3580     to the limitations set forth in this section and Section 53G-6-503.
3581          (3) (a) A charter school shall enroll an eligible student who submits a timely
3582     application, unless the number of applications exceeds the capacity of a program, class, grade
3583     level, or the charter school.
3584          (b) If the number of applications exceeds the capacity of a program, class, grade level,
3585     or the charter school, the charter school shall select students on a random basis, except as

3586     provided in Subsections (4) through (8).
3587          (4) A charter school may give an enrollment preference to:
3588          (a) a child or grandchild of an individual who has actively participated in the
3589     development of the charter school;
3590          (b) a child or grandchild of a member of the charter school governing board;
3591          (c) a sibling of an individual who was previously or is presently enrolled in the charter
3592     school;
3593          (d) a child of an employee of the charter school;
3594          (e) a student articulating between charter schools offering similar programs that are
3595     governed by the same charter school governing board;
3596          (f) a student articulating from one charter school to another pursuant to an articulation
3597     agreement between the charter schools that is approved by the State Charter School Board; or
3598          (g) a student who resides within up to a two-mile radius of the charter school and
3599     whose school of residence is at capacity.
3600          (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
3601     a charter school that is approved by the [State Board of Education] state board after May 13,
3602     2014, and is located in a high growth area as defined in Section 53G-6-504 shall give an
3603     enrollment preference to a student who resides within a two-mile radius of the charter school.
3604          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
3605     apply to a charter school that was approved without a high priority status pursuant to
3606     Subsection 53G-6-504(7)(b).
3607          (6) If a district school converts to charter status, the charter school shall give an
3608     enrollment preference to students who would have otherwise attended it as a district school.
3609          (7) (a) A charter school whose mission is to enhance learning opportunities for
3610     refugees or children of refugee families may give an enrollment preference to refugees or
3611     children of refugee families.
3612          (b) A charter school whose mission is to enhance learning opportunities for English
3613     language learners may give an enrollment preference to English language learners.

3614          (8) A charter school may weight the charter school's lottery to give a slightly better
3615     chance of admission to educationally disadvantaged students, including:
3616          (a) low-income students;
3617          (b) students with disabilities;
3618          (c) English language learners;
3619          (d) migrant students;
3620          (e) neglected or delinquent students; and
3621          (f) homeless students.
3622          (9) A charter school may not discriminate in the charter school's admission policies or
3623     practices on the same basis as other public schools may not discriminate in admission policies
3624     and practices.
3625          Section 92. Section 53G-6-503 is amended to read:
3626          53G-6-503. Charter school students -- Admissions procedures -- Transfers.
3627          (1) As used in this section:
3628          [(a) "District school" means a public school under the control of a local school board
3629     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
3630     Boards.]
3631          [(b)] (a) "Nonresident school district" means a school district other than a student's
3632     school district of residence.
3633          [(c)] (b) "School district of residence" means a student's school district of residence as
3634     determined under Section 53G-6-302.
3635          [(d)] (c) "School of residence" means the school to which a student is assigned to
3636     attend based on the student's place of residence.
3637          (2) (a) The [State School Board] state board, in consultation with the State Charter
3638     School Board, shall make rules describing procedures for students to follow in applying for
3639     entry into, or exiting, a charter school.
3640          (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
3641          (i) posting on a charter school's Internet website, beginning no later than 60 days before

3642     the school's initial period of applications:
3643          (A) procedures for applying for admission to the charter school;
3644          (B) the school's opening date, if the school has not yet opened, or the school calendar;
3645     and
3646          (C) information on how a student may transfer from a charter school to another charter
3647     school or a district school;
3648          (ii) written notification to a student's parent [or legal guardian] of an offer of
3649     admission;
3650          (iii) written acceptance of an offer of admission by a student's parent [or legal
3651     guardian];
3652          (iv) written notification to a student's current charter school or school district of
3653     residence upon acceptance of the student for enrollment in a charter school; and
3654          (v) the admission of students at:
3655          (A) any time to protect the health or safety of a student; or
3656          (B) times other than those permitted under standard policies if there are other
3657     conditions of special need that warrant consideration.
3658          (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
3659     enrolled in a charter school or who has accepted an offer of admission to a charter school from
3660     duplicating enrollment for the student in another charter school or a school district without
3661     following the withdrawal procedures described in Subsection (3).
3662          (3) The parent of a student enrolled in a charter school may withdraw the student from
3663     the charter school for enrollment in another charter school or a school district by submitting to
3664     the charter school:
3665          (a) on or before June 30, a notice of intent to enroll the student in the student's school
3666     of residence for the following school year;
3667          (b) after June 30, a letter of acceptance for enrollment in the student's school district of
3668     residence for the following year;
3669          (c) a letter of acceptance for enrollment in the student's school district of residence in

3670     the current school year;
3671          (d) a letter of acceptance for enrollment in a nonresident school district; or
3672          (e) a letter of acceptance for enrollment in a charter school.
3673          (4) (a) A charter school shall report to a school district, by the last business day of each
3674     month the aggregate number of new students, sorted by their school of residence and grade
3675     level, who have accepted enrollment in the charter school for the following school year.
3676          (b) A school district shall report to a charter school, by the last business day of each
3677     month, the aggregate number of students enrolled in the charter school who have accepted
3678     enrollment in the school district in the following school year, sorted by grade level.
3679          (5) When a vacancy occurs because a student has withdrawn from a charter school, the
3680     charter school may immediately enroll a new student from its list of applicants.
3681          (6) Unless provisions have previously been made for enrollment in another school, a
3682     charter school releasing a student from enrollment during a school year shall immediately
3683     notify the school district of residence, which shall enroll the student in the school district of
3684     residence and take additional steps as may be necessary to ensure compliance with laws
3685     governing school attendance.
3686          (7) (a) The parent of a student enrolled in a charter school may withdraw the student
3687     from the charter school for enrollment in the student's school of residence in the following
3688     school year if an application of admission is submitted to the school district of residence by
3689     June 30.
3690          (b) If the parent of a student enrolled in a charter school submits an application of
3691     admission to the student's school district of residence after June 30 for the student's enrollment
3692     in the school district of residence in the following school year, or an application of admission is
3693     submitted for enrollment during the current school year, the student may enroll in a school of
3694     the school district of residence that has adequate capacity in:
3695          (i) the student's grade level, if the student is an elementary school student; or
3696          (ii) the core classes that the student needs to take, if the student is a secondary school
3697     student.

3698          (c) [State Board of Education] State board rules made under Subsection (2)(a) shall
3699     specify how adequate capacity in a grade level or core classes is determined for the purposes of
3700     Subsection (7)(b).
3701          (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
3702     to protect the health and safety of the student.
3703          (9) A school district or charter school may charge secondary students a one-time $5
3704     processing fee, to be paid at the time of application.
3705          Section 93. Section 53G-6-504 is amended to read:
3706          53G-6-504. Approval of increase in charter school enrollment capacity --
3707     Expansion.
3708          (1) For the purposes of this section:
3709          (a) "High growth area" means an area of the state where school enrollment is
3710     significantly increasing or projected to significantly increase.
3711          (b) "Next school year" means the school year that begins on or after the July 1
3712     immediately following the end of a general session of the Legislature.
3713          (2) The [State Board of Education] state board may approve an increase in charter
3714     school enrollment capacity subject to the Legislature:
3715          (a) appropriating funds for an increase in charter school enrollment capacity in the next
3716     school year; or
3717          (b) authorizing an increase in charter school enrollment capacity in the school year
3718     immediately following the next school year.
3719          (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
3720     capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
3721     capacity for a charter school proposed and approved in response to a request for applications
3722     issued under Section 53G-5-301.
3723          (4) (a) A charter school may annually submit a request to the [State Board of
3724     Education] state board for an increase in enrollment capacity in the amount of .25 times the
3725     number of students in grades 9 through 12 enrolled in an online course in the previous school

3726     year through the Statewide Online Education Program.
3727          (b) A charter school shall submit a request for an increase in enrollment capacity
3728     pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
3729     in enrollment capacity is requested.
3730          (c) The [State Board of Education] state board shall approve a request for an increase
3731     in enrollment capacity made under Subsection (4)(a) subject to the availability of sufficient
3732     funds appropriated under Title 53F, Chapter 2, Part 7, Charter School Funding, to provide the
3733     full amount of the per student allocation for each charter school student in the state to
3734     supplement school district property tax revenues.
3735          (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
3736     permanent increase in the charter school's enrollment capacity.
3737          (5) (a) On or before January 1, 2017, [in accordance with Title 63G, Chapter 3, Utah
3738     Administrative Rulemaking Act, the State Board of Education] the state board shall, after
3739     considering suggestions from charter school authorizers, make rules establishing requirements,
3740     procedures, and deadlines for an expansion of a charter school.
3741          (b) The rules described in Subsection (5)(a) shall include rules related to:
3742          (i) an expansion of a charter school when another charter school issues a notice of
3743     closure; and
3744          (ii) the establishment of a satellite campus.
3745          (6) (a) If the Legislature does not appropriate funds for an increase in charter school
3746     enrollment capacity that is tentatively approved by the [State Board of Education] state board,
3747     the [State Board of Education] state board shall prioritize the tentatively approved schools and
3748     expansions based on approved funds.
3749          (b) A charter school or expansion that is tentatively approved, but not funded, shall be
3750     considered to be tentatively approved for the next application year and receive priority status
3751     for available funding.
3752          (7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
3753     charter school enrollment capacity for new charter schools and expanding charter schools, the

3754     [State Board of Education] state board shall give:
3755          (i) high priority to approving a new charter school or a charter school expansion in a
3756     high growth area; and
3757          (ii) low priority to approving a new charter school or a charter school expansion in an
3758     area where student enrollment is stable or declining.
3759          (b) An applicant seeking to establish a charter school in a high growth area may elect
3760     to not receive high priority status as provided in Subsection (7)(a)(i).
3761          Section 94. Section 53G-6-702 is amended to read:
3762          53G-6-702. Dual enrollment.
3763          [(1) (a) "District school" means a public school under the control of a local school
3764     board elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local
3765     School Boards.]
3766          [(b)] (1) ["Minor"] As used in this section, "minor" means the same as that term is
3767     defined in Section 53G-6-201.
3768          (2) A person having control of a minor who is enrolled in a regularly established
3769     private school or a home school may also enroll the minor in a public school for dual
3770     enrollment purposes.
3771          (3) The minor may participate in any academic activity in the public school available to
3772     students in the minor's grade or age group, subject to compliance with the same rules and
3773     requirements that apply to a full-time student's participation in the activity.
3774          (4) (a) A student enrolled in a dual enrollment program in a district school is
3775     considered a student of the district in which the district school of attendance is located for
3776     purposes of state funding to the extent of the student's participation in the district school
3777     programs.
3778          (b) A student enrolled in a dual enrollment program in a charter school is considered a
3779     student of the charter school for purposes of state funding to the extent of the student's
3780     participation in the charter school programs.
3781          (5) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

3782     the State Board of Education] The state board shall make rules for purposes of dual enrollment
3783     to govern and regulate the transferability of credits toward graduation that are earned in a
3784     private or home school.
3785          Section 95. Section 53G-6-703 is amended to read:
3786          53G-6-703. Private school and home school students' participation in
3787     extracurricular activities in a public school.
3788          (1) As used in this section:
3789          (a) "Academic eligibility requirements" means the academic eligibility requirements
3790     that a home school student is required to meet to participate in an extracurricular activity in a
3791     public school.
3792          (b) "Minor" means the same as that term is defined in Section 53G-6-201.
3793          (c) "Parent" means the same as that term is defined in Section 53G-6-201.
3794          (d) "Principal" means the principal of the school in which a home school student
3795     participates or intends to participate in an extracurricular activity.
3796          (2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
3797     participate in an extracurricular activity at a public school as provided in this section.
3798          (b) A private school student may only participate in an extracurricular activity at a
3799     public school that is not offered by the student's private school.
3800          (c) Except as provided in Subsection (2)(d), a private school student or a home school
3801     student may only participate in an extracurricular activity at:
3802          (i) the school within whose attendance boundaries the student's custodial parent [or
3803     legal guardian] resides; or
3804          (ii) the school from which the student withdrew for the purpose of attending a private
3805     or home school.
3806          (d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
3807     private school student or a home school student to participate in an extracurricular activity
3808     other than:
3809          (i) an interscholastic competition of athletic teams sponsored and supported by a public

3810     school; or
3811          (ii) an interscholastic contest or competition for music, drama, or forensic groups or
3812     teams sponsored and supported by a public school.
3813          (3) (a) Except as provided in Subsections (4) through (13), a private school or home
3814     school student shall be eligible to participate in an extracurricular activity at a public school
3815     consistent with eligibility standards:
3816          (i) applied to a fully enrolled public school student;
3817          (ii) of the public school where the private school or home school student participates in
3818     an extracurricular activity; and
3819          (iii) for the extracurricular activity in which the private school or home school student
3820     participates.
3821          (b) A school district or public school may not impose additional requirements on a
3822     private school or home school student to participate in an extracurricular activity that are not
3823     imposed on a fully enrolled public school student.
3824          (c) (i) A private school or home school student who participates in an extracurricular
3825     activity at a public school shall pay the same fees as required of a fully enrolled public school
3826     student to participate in an extracurricular activity.
3827          (ii) If a local school board or charter school governing board imposes a mandatory
3828     student activity fee for a student enrolled in a public school, the fee may be imposed on a
3829     private school or home school student who participates in an extracurricular activity at the
3830     public school if the same benefits of paying the mandatory student activity fee that are
3831     available to a fully enrolled public school student are available to a private school or home
3832     school student who participates in an extracurricular activity at the public school.
3833          (4) Eligibility requirements based on school attendance are not applicable to a home
3834     school student.
3835          (5) A home school student meets academic eligibility requirements to participate in an
3836     extracurricular activity if:
3837          (a) the student is mastering the material in each course or subject being taught; and

3838          (b) the student is maintaining satisfactory progress towards achievement or promotion.
3839          (6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
3840     organization providing instruction to the student shall submit an affidavit to the principal
3841     indicating the student meets academic eligibility requirements.
3842          (b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
3843     student shall:
3844          (i) be considered to meet academic eligibility requirements; and
3845          (ii) retain academic eligibility for all extracurricular activities during the activity season
3846     for which the affidavit is submitted, until:
3847          (A) a panel established under Subsection (10) determines the home school student does
3848     not meet academic eligibility requirements; or
3849          (B) the person who submitted the affidavit under Subsection (6)(a) provides written
3850     notice to the school principal that the student no longer meets academic eligibility
3851     requirements.
3852          (7) (a) A home school student who loses academic eligibility pursuant to Subsection
3853     (6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
3854     the affidavit under Subsection (6)(a) provides written notice to the school principal that the
3855     home school student has reestablished academic eligibility.
3856          (b) If a home school student reestablishes academic eligibility pursuant to Subsection
3857     (7)(a), the home school student may participate in extracurricular activities for the remainder of
3858     the activity season for which an affidavit was submitted under Subsection (6)(a).
3859          (8) A person who has probable cause to believe a home school student does not meet
3860     academic eligibility requirements may submit an affidavit to the principal:
3861          (a) asserting the home school student does not meet academic eligibility requirements;
3862     and
3863          (b) providing information indicating that the home school student does not meet the
3864     academic eligibility requirements.
3865          (9) A principal shall review the affidavit submitted under Subsection (8), and if the

3866     principal determines it contains information which constitutes probable cause to believe a
3867     home school student may not meet academic eligibility requirements, the principal shall
3868     request a panel established pursuant to Subsection (10) to verify the student's compliance with
3869     academic eligibility requirements.
3870          (10) (a) A school district superintendent shall:
3871          (i) appoint a panel of three individuals to verify a home school student's compliance
3872     with academic eligibility requirements when requested by a principal pursuant to Subsection
3873     (9); and
3874          (ii) select the panel members from nominees submitted by national, state, or regional
3875     organizations whose members are home school students and parents.
3876          (b) Of the members appointed to a panel under Subsection (10)(a):
3877          (i) one member shall have experience teaching in a public school as a licensed teacher
3878     and in home schooling high school-age students;
3879          (ii) one member shall have experience teaching in a higher education institution and in
3880     home schooling; and
3881          (iii) one member shall have experience in home schooling high school-age students.
3882          (11) A panel appointed under Subsection (10):
3883          (a) shall review the affidavit submitted under Subsection (8);
3884          (b) may confer with the person who submitted the affidavit under Subsection (8);
3885          (c) shall request the home school student to submit test scores or a portfolio of work
3886     documenting the student's academic achievement to the panel;
3887          (d) shall review the test scores or portfolio of work; and
3888          (e) shall determine whether the home school student meets academic eligibility
3889     requirements.
3890          (12) A home school student who meets academic eligibility requirements pursuant to
3891     Subsection (11), retains academic eligibility for all extracurricular activities during the activity
3892     season for which an affidavit is submitted pursuant to Subsection (6).
3893          (13) (a) A panel's determination that a home school student does not comply with

3894     academic eligibility requirements is effective for an activity season and all extracurricular
3895     activities that have academic eligibility requirements.
3896          (b) A home school student who is not in compliance with academic eligibility
3897     requirements as determined by a panel appointed under Subsection (11) may seek to establish
3898     academic eligibility under this section for the next activity season.
3899          (14) (a) A public school student who has been declared to be academically ineligible to
3900     participate in an extracurricular activity and who subsequently enrolls in a home school shall
3901     lose eligibility for participation in the extracurricular activity until the student:
3902          (i) demonstrates academic eligibility by providing test results or a portfolio of the
3903     student's work to the school principal, provided that a student may not reestablish academic
3904     eligibility under this Subsection (14)(a) during the same activity season in which the student
3905     was declared to be academically ineligible;
3906          (ii) returns to public school and reestablishes academic eligibility; or
3907          (iii) enrolls in a private school and establishes academic eligibility.
3908          (b) A public school student who has been declared to be behaviorally ineligible to
3909     participate in an extracurricular activity and who subsequently enrolls in a home school shall
3910     lose eligibility for participation in the extracurricular activity until the student meets eligibility
3911     standards as provided in Subsection (3).
3912          (15) When selection to participate in an extracurricular activity at a public school is
3913     made on a competitive basis, a private school student and a home school student shall be
3914     eligible to try out for and participate in the activity as provided in this section.
3915          (16) (a) If a student exits a public school to enroll in a private or home school
3916     mid-semester or during an activity season, and the student desires to participate in an
3917     extracurricular activity at the public school, the public school shall issue an interim academic
3918     assessment based on the student's work in each class.
3919          (b) A student's academic eligibility to participate in an extracurricular activity under
3920     the circumstances described in Subsection (16)(a) shall be based on the student meeting public
3921     school academic eligibility standards at the time of exiting public school.

3922          (c) A student may appeal an academic eligibility determination made under Subsection
3923     (16)(b) in accordance with procedures for appealing a public school student's academic
3924     eligibility.
3925          Section 96. Section 53G-6-704 is amended to read:
3926          53G-6-704. Charter school students' participation in extracurricular activities at
3927     other public schools.
3928          (1) A charter school student is eligible to participate in an extracurricular activity not
3929     offered by the student's charter school at:
3930          (a) the school within whose attendance boundaries the student's custodial parent [or
3931     legal guardian] resides;
3932          (b) the public school from which the student withdrew for the purpose of attending a
3933     charter school; or
3934          (c) a public school that is not a charter school if the student's charter school is located
3935     on the campus of the public school or has local school board approval to locate on the campus
3936     of the public school.
3937          (2) In addition to the public schools listed in Subsection (1), the [State Board of
3938     Education] state board may establish rules to allow a charter school student to participate in an
3939     extracurricular activity at a public school other than a public school listed in Subsection (1).
3940          (3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
3941     charter school student to participate in extracurricular activities other than:
3942          (a) interschool competitions of athletic teams sponsored and supported by a public
3943     school; or
3944          (b) interschool contests or competitions for music, drama, or forensic groups or teams
3945     sponsored and supported by a public school.
3946          (4) A charter school student is eligible for extracurricular activities at a public school
3947     consistent with eligibility standards as applied to full-time students of the public school.
3948          (5) A school district or public school may not impose additional requirements on a
3949     charter school student to participate in extracurricular activities that are not imposed on

3950     full-time students of the public school.
3951          (6) (a) The [State Board of Education] state board shall make rules establishing fees for
3952     charter school students' participation in extracurricular activities at school district schools.
3953          (b) The rules shall provide that:
3954          (i) charter school students pay the same fees as other students to participate in
3955     extracurricular activities;
3956          (ii) charter school students are eligible for fee waivers pursuant to Section 53G-7-504;
3957          (iii) for each charter school student who participates in an extracurricular activity at a
3958     school district school, the charter school shall pay a share of the school district's costs for the
3959     extracurricular activity; and
3960          (iv) a charter school's share of the costs of an extracurricular activity shall reflect state
3961     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
3962     activity in a school district or school divided by total student enrollment of the school district
3963     or school.
3964          (c) In determining a charter school's share of the costs of an extracurricular activity
3965     under Subsections (6)(b)(iii) and (iv), the [State Board of Education] state board may establish
3966     uniform fees statewide based on average costs statewide or average costs within a sample of
3967     school districts.
3968          (7) When selection to participate in an extracurricular activity at a public school is
3969     made on a competitive basis, a charter school student is eligible to try out for and participate in
3970     the activity as provided in this section.
3971          Section 97. Section 53G-6-705 is amended to read:
3972          53G-6-705. Online students' participation in extracurricular activities.
3973          (1) As used in this section:
3974          (a) "Online education" means the use of information and communication technologies
3975     to deliver educational opportunities to a student in a location other than a school.
3976          (b) "Online student" means a student who:
3977          (i) participates in an online education program sponsored or supported by the [State

3978     Board of Education] state board, a school district, or charter school; and
3979          (ii) generates funding for the school district or school pursuant to Subsection
3980     53F-2-102[(6)](4) and rules of the [State Board of Education] state board.
3981          (2) An online student is eligible to participate in extracurricular activities at:
3982          (a) the school within whose attendance boundaries the student's custodial parent [or
3983     legal guardian] resides; or
3984          (b) the public school from which the student withdrew for the purpose of participating
3985     in an online education program.
3986          (3) A school other than a school described in Subsection (2)(a) or (b) may allow an
3987     online student to participate in extracurricular activities other than:
3988          (a) interschool competitions of athletic teams sponsored and supported by a public
3989     school; or
3990          (b) interschool contests or competitions for music, drama, or forensic groups or teams
3991     sponsored and supported by a public school.
3992          (4) An online student is eligible for extracurricular activities at a public school
3993     consistent with eligibility standards as applied to full-time students of the public school.
3994          (5) A school district or public school may not impose additional requirements on an
3995     online school student to participate in extracurricular activities that are not imposed on
3996     full-time students of the public school.
3997          (6) (a) The [State Board of Education] state board shall make rules establishing fees for
3998     an online school student's participation in extracurricular activities at school district schools.
3999          (b) The rules shall provide that:
4000          (i) online school students pay the same fees as other students to participate in
4001     extracurricular activities;
4002          (ii) online school students are eligible for fee waivers pursuant to Section 53G-7-504;
4003          (iii) for each online school student who participates in an extracurricular activity at a
4004     school district school, the online school shall pay a share of the school district's costs for the
4005     extracurricular activity; and

4006          (iv) an online school's share of the costs of an extracurricular activity shall reflect state
4007     and local tax revenues expended, except capital facilities expenditures, for an extracurricular
4008     activity in a school district or school divided by total student enrollment of the school district
4009     or school.
4010          (c) In determining an online school's share of the costs of an extracurricular activity
4011     under Subsections (6)(b)(iii) and (iv), the [State Board of Education] state board may establish
4012     uniform fees statewide based on average costs statewide or average costs within a sample of
4013     school districts.
4014          (7) When selection to participate in an extracurricular activity at a public school is
4015     made on a competitive basis, an online student is eligible to try out for and participate in the
4016     activity as provided in this section.
4017          Section 98. Section 53G-6-706 is amended to read:
4018          53G-6-706. Placement of a home school student who transfers to a public school.
4019          (1) For the purposes of this section:
4020          (a) "Home school student" means a student who attends a home school pursuant to
4021     Section 53G-6-204.
4022          (b) "Parent" means the same as that term is defined in Section 53G-6-201.
4023          (2) When a home school student transfers from a home school to a public school, the
4024     public school shall place the student in the grade levels, classes, or courses that the student's
4025     parent [or guardian] and in consultation with the school administrator determine are
4026     appropriate based on the parent's [or guardian's] assessment of the student's academic
4027     performance.
4028          (3) (a) Within 30 days of a home school student's placement in a public school grade
4029     level, class, or course, either the student's teacher or the student's parent [or guardian] may
4030     request a conference to consider changing the student's placement.
4031          (b) If the student's teacher and the student's parent [or guardian] agree on a placement
4032     change, the public school shall place the student in the agreed upon grade level, class, or
4033     course.

4034          (c) If the student's teacher and the student's parent [or guardian] do not agree on a
4035     placement change, the public school shall evaluate the student's subject matter mastery in
4036     accordance with Subsection (3)(d).
4037          (d) The student's parent [or guardian] has the option of:
4038          (i) allowing the public school to administer, to the student, assessments that are:
4039          (A) regularly administered to public school students; and
4040          (B) used to measure public school students' subject matter mastery and determine
4041     placement; or
4042          (ii) having a private entity or individual administer assessments of subject matter
4043     mastery to the student at the parent's [or guardian's] expense.
4044          (e) After an evaluation of a student's subject matter mastery, a public school may
4045     change a student's placement in a grade level, class, or course.
4046          (4) This section does not apply to a student who is dual enrolled in a public school and
4047     a home school pursuant to Section 53G-6-702.
4048          Section 99. Section 53G-6-707 is amended to read:
4049          53G-6-707. Interstate compact students -- Inclusion in attendance count --
4050     Foreign exchange students -- Annual report -- Requirements for exchange student
4051     agencies.
4052          (1) A school district or charter school may include the following students in the
4053     district's or school's membership and attendance count for the purpose of apportionment of
4054     state money:
4055          (a) a student enrolled under an interstate compact, established between the [State Board
4056     of Education] state board and the state education authority of another state, under which a
4057     student from one compact state would be permitted to enroll in a public school in the other
4058     compact state on the same basis as a resident student of the receiving state; or
4059          (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
4060     on Placement of Children.
4061          (2) A school district or charter school may:

4062          (a) enroll foreign exchange students that do not qualify for state money; and
4063          (b) pay for the costs of those students with other funds available to the school district
4064     or charter school.
4065          (3) Due to the benefits to all students of having the opportunity to become familiar
4066     with individuals from diverse backgrounds and cultures, school districts are encouraged to
4067     enroll foreign exchange students, as provided in Subsection (2), particularly in schools with
4068     declining or stable enrollments where the incremental cost of enrolling the foreign exchange
4069     student may be minimal.
4070          (4) The state board shall make an annual report to the Legislature on the number of
4071     exchange students and the number of interstate compact students sent to or received from
4072     public schools outside the state.
4073          (5) (a) A local school board or charter school governing board shall require each
4074     approved exchange student agency to provide it with a sworn affidavit of compliance prior to
4075     the beginning of each school year.
4076          (b) The affidavit shall include the following assurances:
4077          (i) that the agency has complied with all applicable policies of the state board;
4078          (ii) that a household study, including a background check of all adult residents, has
4079     been made of each household where an exchange student is to reside, and that the study was of
4080     sufficient scope to provide reasonable assurance that the exchange student will receive proper
4081     care and supervision in a safe environment;
4082          (iii) that host parents have received training appropriate to their positions, including
4083     information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
4084     are in a position of special trust;
4085          (iv) that a representative of the exchange student agency shall visit each student's place
4086     of residence at least once each month during the student's stay in Utah;
4087          (v) that the agency will cooperate with school and other public authorities to ensure
4088     that no exchange student becomes an unreasonable burden upon the public schools or other
4089     public agencies;

4090          (vi) that each exchange student will be given in the exchange student's native language
4091     names and telephone numbers of agency representatives and others who could be called at any
4092     time if a serious problem occurs; and
4093          (vii) that alternate placements are readily available so that no student is required to
4094     remain in a household if conditions appear to exist which unreasonably endanger the student's
4095     welfare.
4096          (6) (a) A local school board or charter school governing board shall provide each
4097     approved exchange student agency with a list of names and telephone numbers of individuals
4098     not associated with the agency who could be called by an exchange student in the event of a
4099     serious problem.
4100          (b) The agency shall make a copy of the list available to each of its exchange students
4101     in the exchange student's native language.
4102          (7) Notwithstanding Subsection 53F-2-303(3)(a), a school district or charter school
4103     shall enroll a foreign exchange student if the foreign exchange student:
4104          (a) is sponsored by an agency approved by the [State Board of Education] state board;
4105          (b) attends the same school during the same time period that another student from the
4106     school is:
4107          (i) sponsored by the same agency; and
4108          (ii) enrolled in a school in a foreign country; and
4109          (c) is enrolled in the school for one year or less.
4110          Section 100. Section 53G-6-708 is amended to read:
4111          53G-6-708. Career and technical education program alternatives.
4112          (1) A secondary student may attend a technical college described in Section
4113     53B-2a-105 if the secondary student's career and technical education goals are better achieved
4114     by attending a technical college as determined by:
4115          (a) the secondary student; and
4116          (b) if the secondary student is a minor, the secondary student's parent [or legal
4117     guardian].

4118          (2) A secondary student served under this section by a technical college described in
4119     Section 53B-2a-105 shall be counted in the average daily membership of the sending school
4120     district or charter school.
4121          Section 101. Section 53G-6-801 is amended to read:
4122          53G-6-801. Definitions.
4123          As used in this part:
4124          (1) "Federal law" means:
4125          (a) a statute passed by the Congress of the United States; or
4126          (b) a final regulation:
4127          (i) adopted by an administrative agency of the United States government; and
4128          (ii) published in the code of federal regulations or the federal register.
4129          [(2) "Individualized Education Program" or "IEP" means a written statement, for a
4130     student with a disability, that is developed, reviewed, and revised in accordance with the
4131     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.]
4132          [(3) "LEA" means a school district, charter school, or the Utah Schools for the Deaf
4133     and the Blind.]
4134          [(4)] (2) "Reasonably accommodate" means an LEA shall make its best effort to enable
4135     a parent [or guardian] to exercise a parental right specified in Section 53G-6-803:
4136          (a) without substantial impact to staff and resources, including employee working
4137     conditions, safety and supervision on school premises and for school activities, and the
4138     efficient allocation of expenditures; and
4139          (b) while balancing:
4140          (i) the parental rights of parents [or guardians];
4141          (ii) the educational needs of other students;
4142          (iii) the academic and behavioral impacts to a classroom;
4143          (iv) a teacher's workload; and
4144          (v) the assurance of the safe and efficient operation of a school.
4145          Section 102. Section 53G-6-802 is amended to read:

4146          53G-6-802. Annual notice of parental rights.
4147          (1) An LEA shall annually notify a parent [or guardian] of a student enrolled in the
4148     LEA of the parent's [or guardian's] rights as specified in this part.
4149          (2) An LEA satisfies the notification requirement described in Subsection (1) by
4150     posting the information on the LEA's website or through other means of electronic
4151     communication.
4152          Section 103. Section 53G-6-803 is amended to read:
4153          53G-6-803. Parental right to academic accommodations.
4154          (1) (a) A student's parent [or guardian] is the primary person responsible for the
4155     education of the student, and the state is in a secondary and supportive role to the parent [or
4156     guardian]. As such, a student's parent [or guardian] has the right to reasonable academic
4157     accommodations from the student's LEA as specified in this section.
4158          (b) Each accommodation shall be considered on an individual basis and no student
4159     shall be considered to a greater or lesser degree than any other student.
4160          (c) The parental rights specified in this section do not include all the rights or
4161     accommodations that may be available to a student's parent [or guardian] as a user of the public
4162     education system.
4163          (d) An accommodation under this section may only be provided if the accommodation
4164     is:
4165          (i) consistent with federal law; and
4166          (ii) consistent with a student's IEP if the student already has an IEP.
4167          (2) An LEA shall reasonably accommodate a parent's [or guardian's] written request to
4168     retain a student in kindergarten through grade 8 on grade level based on the student's academic
4169     ability or the student's social, emotional, or physical maturity.
4170          (3) An LEA shall reasonably accommodate a parent's [or guardian's] initial selection of
4171     a teacher or request for a change of teacher.
4172          (4) An LEA shall reasonably accommodate the request of a student's parent [or
4173     guardian] to visit and observe any class the student attends.

4174          (5) Notwithstanding Part 2, Compulsory Education, an LEA shall record an excused
4175     absence for a scheduled family event or a scheduled proactive visit to a health care provider if:
4176          (a) the parent [or guardian] submits a written statement at least one school day before
4177     the scheduled absence; and
4178          (b) the student agrees to make up course work for school days missed for the scheduled
4179     absence in accordance with LEA policy.
4180          (6) (a) An LEA shall reasonably accommodate a parent's [or guardian's] written request
4181     to place a student in a specialized class, a specialized program, or an advanced course.
4182          (b) An LEA shall consider multiple academic data points when determining an
4183     accommodation under Subsection (6)(a).
4184          (7) Consistent with Section 53E-4-204, which requires the [State Board of Education]
4185     state board to establish graduation requirements that use competency-based standards and
4186     assessments, an LEA shall allow a student to earn course credit towards high school graduation
4187     without completing a course in school by:
4188          (a) testing out of the course; or
4189          (b) demonstrating competency in course standards.
4190          (8) An LEA shall reasonably accommodate a parent's [or guardian's] request to meet
4191     with a teacher at a mutually agreeable time if the parent [or guardian] is unable to attend a
4192     regularly scheduled parent teacher conference.
4193          (9) (a) At the request of a student's parent [or guardian], an LEA shall excuse a student
4194     from taking an assessment that:
4195          (i) is federally mandated;
4196          (ii) is mandated by the state under this public education code; or
4197          (iii) requires the use of:
4198          (A) a state assessment system; or
4199          (B) software that is provided or paid for by the state.
4200          (b) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4201     the State Board of Education] The state board shall make rules:

4202          (i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
4203     that:
4204          (A) does not place an undue burden on a parent [or guardian]; and
4205          (B) may be completed online; and
4206          (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
4207     an LEA's employees through school grading or employee evaluations due to a student not
4208     taking a test under Subsection (9)(a).
4209          (c) An LEA:
4210          (i) shall follow the procedures outlined in rules made by the [State Board of Education]
4211     state board under Subsection (9)(b) to excuse a student under Subsection (9)(a);
4212          (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
4213     to the procedures outlined in rules made by the [State Board of Education] state board under
4214     Subsection (9)(b); and
4215          (iii) may not reward a student for taking an assessment described in Subsection (9)(a).
4216          (d) The [State Board of Education] state board shall:
4217          (i) maintain and publish a list of state assessments, state assessment systems, and
4218     software that qualify under Subsection (9)(a); and
4219          (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
4220          (10) (a) An LEA shall provide for:
4221          (i) the distribution of a copy of a school's discipline and conduct policy to each student
4222     in accordance with Section 53G-8-204; and
4223          (ii) a parent's [or guardian's] signature acknowledging receipt of the school's discipline
4224     and conduct policy.
4225          (b) An LEA shall notify a parent [or guardian] of a student's violation of a school's
4226     discipline and conduct policy and allow a parent [or guardian] to respond to the notice in
4227     accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.
4228          Section 104. Section 53G-7-202 is amended to read:
4229          53G-7-202. Waivers from state board rules.

4230          (1) A charter school or any other public school or school district may apply to the
4231     [State Board of Education] state board for a waiver of any state board rule that inhibits or
4232     hinders the school or the school district from accomplishing its mission or educational goals set
4233     out in its strategic plan or charter agreement.
4234          (2) The state board may grant the waiver, unless:
4235          (a) the waiver would cause the school district or the school to be in violation of state or
4236     federal law; or
4237          (b) the waiver would threaten the health, safety, or welfare of students in the district or
4238     at the school.
4239          (3) If the [State Board of Education] state board denies the waiver, the reason for the
4240     denial shall be provided in writing to the waiver applicant.
4241          Section 105. Section 53G-7-203 is amended to read:
4242          53G-7-203. Kindergartens -- Establishment -- Funding.
4243          (1) Kindergartens are an integral part of the state's public education system.
4244          (2) Each local [board of education] school board shall provide kindergarten classes free
4245     of charge for kindergarten children residing within the district.
4246          (3) Kindergartens established under Subsection (2) shall receive state money under
4247     Title 53F, Public Education System -- Funding.
4248          Section 106. Section 53G-7-205 is amended to read:
4249          53G-7-205. Assessment of emerging and early reading skills -- Resources
4250     provided by school districts.
4251          (1) The Legislature recognizes that well-developed reading skills help:
4252          (a) children to succeed in school, develop self esteem, and build positive relationships
4253     with others;
4254          (b) young adults to become independent learners; and
4255          (c) adults to become and remain productive members of a rapidly changing
4256     technology-based society.
4257          (2) (a) Each potential kindergarten student, the student's parent [or guardian], and

4258     kindergarten personnel at the student's school may participate in an assessment of the student's
4259     reading and numeric skills.
4260          (b) The [State Board of Education] state board, in cooperation with the state's school
4261     districts, may develop the assessment instrument and any additional materials needed to
4262     implement and supplement the assessment program.
4263          (3) The potential kindergarten student's teacher may use the assessment in planning and
4264     developing an instructional program to meet the student's identified needs.
4265          (4) (a) Each school is encouraged to schedule the assessment early enough before the
4266     kindergarten starting date so that a potential kindergarten student's parent [or guardian] has
4267     time to develop the child's needed skills as identified by the assessment.
4268          (b) Based on the assessment under Subsection (2), the school shall provide the
4269     potential student's parent [or guardian] with appropriate resource materials to assist the parent
4270     [or guardian] at home in the student's literacy development.
4271          Section 107. Section 53G-7-206 is amended to read:
4272          53G-7-206. Acceptance of credits and grades awarded by accredited schools.
4273          (1) (a) A public school shall accept credits and grades awarded to a student by a school
4274     accredited or approved by the [State Board of Education] state board or accredited or
4275     recognized by the Northwest Association of Accredited Schools as issued by the school,
4276     without alterations.
4277          (b) Credits awarded for a core standards for Utah public schools course shall be applied
4278     to fulfilling core standards for Utah public schools requirements.
4279          (2) Subsection (1) applies to credits awarded to a student who:
4280          (a) transfers to a public school; or
4281          (b) while enrolled in the public school, takes courses offered by another public or
4282     private school.
4283          (3) Subsection (1) applies to:
4284          (a) traditional classes in which an instructor is present in the classroom and the student
4285     is required to attend the class for a particular length of time;

4286          (b) open entry/open exit classes in which the student has the flexibility to begin or end
4287     study at any time, progress through course material at his own pace, and demonstrate
4288     competency when knowledge and skills have been mastered;
4289          (c) courses offered over the Internet; or
4290          (d) distance learning courses.
4291          Section 108. Section 53G-7-208 is amended to read:
4292          53G-7-208. Local governmental entities and school districts -- Contracts and
4293     cooperation -- Disbursement of funds -- Municipal and county representative
4294     participation in local school board meetings -- Notice required.
4295          (1) Local governmental entities and school districts may contract and cooperate with
4296     one another in matters affecting the health, welfare, education, and convenience of the
4297     inhabitants within their respective territorial limits.
4298          (2) A local governmental entity may disburse public funds in aid of a school district
4299     located wholly or partially within the limits of its jurisdiction.
4300          (3) (a) As used in this Subsection (3):
4301          (i) "Interested county executive" means the county executive or county manager of a
4302     county with unincorporated area within the boundary of a school district, or the designee of the
4303     county executive or county manager.
4304          (ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
4305     within the boundary of a school district, or the mayor's designee.
4306          (b) A [school district] local school board shall allow an interested mayor and interested
4307     county executive to attend and participate in the local school board discussions at a [school
4308     district] local school board meeting that is open to the public under Title 52, Chapter 4, Open
4309     and Public Meetings Act.
4310          (c) An interested county executive and interested mayor may attend and participate in
4311     local school board discussions at a [school district] local school board meeting that is closed to
4312     the public under Title 52, Chapter 4, Open and Public Meetings Act, if:
4313          (i) the [school district] local school board invites the interested county executive or

4314     interested mayor to attend and participate; and
4315          (ii) for a closed meeting held for the purpose of discussing the local school board's
4316     disposition or acquisition of real property, the interested county executive or interested mayor
4317     does not have a conflict of interest with respect to the real estate disposition or acquisition.
4318          (d) (i) A county or municipality may enter into an agreement with a school district
4319     under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
4320     interested county executive or interested mayor at a [school district] local school board
4321     meeting.
4322          (ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
4323     provisions of this Subsection (3).
4324          (e) Each local school board shall give notice of local school board meetings to each
4325     interested mayor and interested county executive.
4326          (f) The notice required under Subsection (3)(c) shall be provided by:
4327          (i) mail;
4328          (ii) e-mail; or
4329          (iii) other effective means agreed to by the person to whom notice is given.
4330          Section 109. Section 53G-7-213 is amended to read:
4331          53G-7-213. Child care centers in public schools -- Requirements -- Availability --
4332     Compliance with state and local laws.
4333          (1) (a) Upon receiving a request from a community group such as a community
4334     council, local PTA, or parent/student organization, a local school board may authorize the use
4335     of a part of any school building in the district to provide child care services for school aged
4336     children.
4337          (b) (i) The local school board shall provide written public notice of its intent to
4338     authorize a child care center.
4339          (ii) The local school board shall file a copy of the notice with the Office of Child Care
4340     within the Department of Workforce Services and the Department of Health.
4341          (2) (a) Establishment of a child care center in a public school building is contingent

4342     upon the local school board determining that the center will not interfere with the building's use
4343     for regular school purposes.
4344          (b) The decision shall be made at the sole discretion of the local school board.
4345          (c) A local school board may withdraw its approval to operate a child care center at any
4346     time if it determines that such use interferes with the operation or interest of the school.
4347          (d) The school district and its employees and agents are immune from any liability that
4348     might otherwise result from a withdrawal of approval if the withdrawal was made in good
4349     faith.
4350          (3) (a) The local school board shall charge a commercially reasonable fee for the use of
4351     a school building as a child care center so that the district does not incur an expense.
4352          (b) The fee shall include but not be limited to costs for utility, building maintenance,
4353     and administrative services supplied by the school that are related to the operation of the child
4354     care center.
4355          (4) (a) Child care service may be provided by governmental agencies other than school
4356     districts, nonprofit community service groups, or private providers.
4357          (b) If competitive proposals to provide child care services are submitted by the entities
4358     listed in Subsection (4)(a), the local school board shall give preference to the private provider
4359     and nonprofit community service groups so long as their proposals are judged to be at least
4360     equal to the proposal of the governmental agency.
4361          (c) It is intended that these programs function at the local community level with
4362     minimal state and district involvement.
4363          (5) It is the intent of the Legislature that providers not be required to go through a
4364     complex procedure in order to obtain approval for providing the service.
4365          (6) (a) Child care centers within a public school building shall make their services
4366     available to all children regardless of where the children reside.
4367          (b) If space and resources are limited, first priority shall be given to those who reside
4368     within the school boundaries where the center is located, and to the children of teachers and
4369     other employees of the school where the child care center is located.

4370          (c) Second priority shall be given to those who reside within the school district
4371     boundaries where the center is located.
4372          (7) (a) The local school board shall require proof of liability insurance which is
4373     adequate in the opinion of the local school board for use of school property as a child care
4374     center.
4375          (b) A school district participating in the state Risk Management Fund shall require the
4376     provider of child care services to comply with the applicable provisions of Title 63A, Chapter
4377     4, Risk Management.
4378          (8) Child care centers established under this section shall operate in compliance with
4379     state and local laws and regulations, including zoning and licensing requirements, and
4380     applicable school [rules] policies.
4381          (9) Except for Subsection (8), this section does not apply to child care centers
4382     established by a school district within a public school building if the center offers child care
4383     services primarily to children of employees or children of students of the school district.
4384          Section 110. Section 53G-7-214 is amended to read:
4385          53G-7-214. Honorary high school diploma for certain veterans.
4386          (1) A [board of education of a school district] local school board may award an
4387     honorary high school diploma to a veteran, if the veteran:
4388          (a) left high school before graduating in order to serve in the armed forces of the
4389     United States;
4390          (b) served in the armed forces of the United States during the period of World War II,
4391     the Korean War, or the Vietnam War;
4392          (c) (i) was honorably discharged; or
4393          (ii) was released from active duty because of a service-related disability; and
4394          (d) (i) resides within the school district; or
4395          (ii) resided within the school district at the time of leaving high school to serve in the
4396     armed forces of the United States.
4397          (2) To receive an honorary high school diploma, a veteran or immediate family

4398     member or guardian of a veteran shall submit to a local school board:
4399          (a) a request for an honorary high school diploma; and
4400          (b) information required by the local school board to verify the veteran's eligibility for
4401     an honorary high school diploma under Subsection (1).
4402          (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
4403     local school board, the Department of Veterans and Military Affairs shall certify whether the
4404     veteran meets the requirements of Subsections (1)(b) and (c).
4405          Section 111. Section 53G-7-215 is amended to read:
4406          53G-7-215. Competency-based education -- Recommendations -- Coordination.
4407          (1) As used in this section, "competency-based education" means the same as that term
4408     is defined in Section 53F-5-501.
4409          (2) A local school board or a charter school governing board may establish a
4410     competency-based education program.
4411          (3) A local school board or charter school governing board that establishes a
4412     competency-based education program shall:
4413          (a) establish assessments to accurately measure competency;
4414          (b) provide the assessments to an enrolled student at no cost to the student;
4415          (c) award credit to a student who demonstrates competency and subject mastery;
4416          (d) submit the competency-based standards to the [State Board of Education] state
4417     board for review; and
4418          (e) publish the competency-based standards on its website or by other electronic means
4419     readily accessible to the public.
4420          (4) A local school board or charter school governing board may:
4421          (a) on a random lottery-based basis, limit enrollment to courses that have been
4422     designated as competency-based courses;
4423          (b) waive or adapt traditional attendance requirements;
4424          (c) adjust class sizes to maximize the value of course instructors or course mentors;
4425          (d) enroll students from any geographic location within the state; and

4426          (e) provide proctored online competency-based assessments.
4427          Section 112. Section 53G-7-302 is amended to read:
4428          53G-7-302. School district and charter school budgets.
4429          (1) As used in this section:
4430          (a) "Budget officer" means:
4431          (i) for a school district, the school district's superintendent; or
4432          (ii) for a charter school, an individual selected by the charter school governing board.
4433          (b) ["Governing] "LEA governing board" means:
4434          (i) for a school district, the local school board; or
4435          (ii) for a charter school, the charter school governing board.
4436          (2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with
4437     supporting documentation, to be submitted to the budget officer's LEA governing board.
4438          (3) The tentative budget and supporting documents shall include the following items:
4439          (a) the revenues and expenditures of the preceding fiscal year;
4440          (b) the estimated revenues and expenditures of the current fiscal year;
4441          (c) for a school district, an estimate of the revenues for the succeeding fiscal year based
4442     upon the lowest tax levy that will raise the required revenue, using the current year's taxable
4443     value as the basis for this calculation;
4444          (d) a detailed estimate of the essential expenditures for all purposes for the next
4445     succeeding fiscal year; and
4446          (e) the estimated financial condition of the school district or charter school by funds at
4447     the close of the current fiscal year.
4448          (4) The tentative budget shall be filed with the district business administrator or charter
4449     school executive director for public inspection at least 15 days before the date of the tentative
4450     budget's proposed adoption by the LEA governing board.
4451          Section 113. Section 53G-7-303 is amended to read:
4452          53G-7-303. LEA governing board budget procedures.
4453          (1) As used in this section:

4454          (a) "Budget officer" means:
4455          (i) for a school district, the school district's superintendent; or
4456          (ii) for a charter school, an individual selected by the charter school governing board.
4457          (b) ["Governing] "LEA governing board" means:
4458          (i) for a school district, the local school board; or
4459          (ii) for a charter school, the charter school governing board.
4460          (2) (a) For a school district, before June 30 of each year, a local school board shall
4461     adopt a budget and make appropriations for the next fiscal year.
4462          (b) For a school district, if the tax rate in the school district's proposed budget exceeds
4463     the certified tax rate defined in Section 59-2-924, the local school board shall comply with
4464     Section 59-2-919 in adopting the budget, except as provided by Section 53F-8-301.
4465          (3) (a) For a school district, before the adoption or amendment of a budget, a local
4466     school board shall hold a public hearing, as defined in Section 10-9a-103, on the proposed
4467     budget or budget amendment.
4468          (b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act,
4469     in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the
4470     public hearing, a local school board shall:
4471          (i) publish a notice of the public hearing in a newspaper or combination of newspapers
4472     of general circulation in the school district, except as provided in Section 45-1-101;
4473          (ii) publish a notice of the public hearing electronically in accordance with Section
4474     45-1-101;
4475          (iii) file a copy of the proposed budget with the local school board's business
4476     administrator for public inspection; and
4477          (iv) post the proposed budget on the school district's Internet website.
4478          (c) A notice of a public hearing on a school district's proposed budget shall include
4479     information on how the public may access the proposed budget as provided in Subsections
4480     (3)(b)(iii) and (iv).
4481          (4) For a charter school, before June 30 of each year, a charter school governing board

4482     shall adopt a budget for the next fiscal year.
4483          (5) Within 30 days of adopting a budget, [a] an LEA governing board shall file a copy
4484     of the adopted budget with the state auditor and the [State Board of Education] state board.
4485          Section 114. Section 53G-7-304 is amended to read:
4486          53G-7-304. Undistributed reserve in local school board budget.
4487          (1) A local school board may adopt a budget with an undistributed reserve. The reserve
4488     may not exceed 5% of the maintenance and operation budget adopted by the local school board
4489     in accordance with a scale developed by the [State Board of Education] state board. The scale
4490     is based on the size of the school district's budget.
4491          (2) The local school board may appropriate all or a part of the undistributed reserve
4492     made to any expenditure classification in the maintenance and operation budget by written
4493     resolution adopted by a majority vote of the local school board setting forth the reasons for the
4494     appropriation. The local school board shall file a copy of the resolution with the [State Board
4495     of Education] state board and the state auditor.
4496          (3) The local school board may not use undistributed reserves in the negotiation or
4497     settlement of contract salaries for school district employees.
4498          Section 115. Section 53G-7-305 is amended to read:
4499          53G-7-305. Limits on appropriations -- Estimated expendable revenue.
4500          (1) As used in this section:
4501          (a) "Budget officer" means:
4502          (i) for a school district, the school district's superintendent; or
4503          (ii) for a charter school, an individual selected by the charter school governing board.
4504          (b) ["Governing] "LEA governing board" means:
4505          (i) for a school district, the local school board; or
4506          (ii) for a charter school, the charter school governing board.
4507          (2) [A] An LEA governing board may not make an appropriation in excess of its
4508     estimated expendable revenue, including undistributed reserves, for the following fiscal year.
4509          (3) [A] An LEA governing board may reduce a budget appropriation at the LEA

4510     governing board's regular meeting if notice of the proposed action is given to all LEA
4511     governing board members and to the district superintendent or charter school executive
4512     director, as applicable, at least one week before the meeting.
4513          (4) For a school district, in determining the estimated expendable revenue, any existing
4514     deficits arising through excessive expenditures from former years are deducted from the
4515     estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of
4516     the district for the previous year.
4517          (5) For a school district, in the event of financial hardships, the local school board may
4518     deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of
4519     the deficit amount.
4520          (6) For a school district, all estimated balances available for appropriations at the end
4521     of the fiscal year shall revert to the funds from which they were appropriated and shall be fund
4522     balances available for appropriation in the budget of the following year.
4523          (7) For a school district, an increase in an appropriation may not be made by the local
4524     school board unless the following steps are taken:
4525          (a) the local school board receives a written request from the district superintendent
4526     that sets forth the reasons for the proposed increase;
4527          (b) notice of the request is published:
4528          (i) in a newspaper of general circulation within the school district at least one week
4529     before the local school board meeting at which the request will be considered; and
4530          (ii) in accordance with Section 45-1-101, at least one week before the local school
4531     board meeting at which the request will be considered; and
4532          (c) the local school board holds a public hearing on the request before the local school
4533     board's acting on the request.
4534          Section 116. Section 53G-7-306 is amended to read:
4535          53G-7-306. School district interfund transfers.
4536          (1) A school district shall spend revenues only within the fund for which they were
4537     originally authorized, levied, collected, or appropriated.

4538          (2) Except as otherwise provided in this section, school district interfund transfers of
4539     residual equity are prohibited.
4540          (3) The [State Board of Education] state board may authorize school district interfund
4541     transfers of residual equity when a district states its intent to create a new fund or expand,
4542     contract, or liquidate an existing fund.
4543          (4) The [State Board of Education] state board may also authorize school district
4544     interfund transfers of residual equity for a financially distressed district if the state board
4545     determines the following:
4546          (a) the district has a significant deficit in its maintenance and operations fund caused
4547     by circumstances not subject to the administrative decisions of the district;
4548          (b) the deficit cannot be reasonably reduced under Section 53G-7-305; and
4549          (c) without the transfer, the school district will not be capable of meeting statewide
4550     educational standards adopted by the [State Board of Education] state board.
4551          (5) The board shall develop in rule standards for defining and aiding financially
4552     distressed school districts under this section [in accordance with Title 63G, Chapter 3, Utah
4553     Administrative Rulemaking Act].
4554          (6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
4555     and reported in the debt service fund.
4556          (b) Debt service levies under Subsection 59-2-924 (5)(c) that are not subject to the
4557     public hearing provisions of Section 59-2-919 may not be used for any purpose other than
4558     retiring general obligation debt.
4559          (c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
4560     year shall be used in subsequent years for general obligation debt retirement.
4561          (d) Any amounts left in the debt service fund after all general obligation debt has been
4562     retired may be transferred to the capital projects fund upon completion of the budgetary hearing
4563     process required under Section 53G-7-303.
4564          Section 117. Section 53G-7-307 is amended to read:
4565          53G-7-307. Warrants drawn by budget officer.

4566          (1) As used in this section:
4567          (a) "Budget officer" means:
4568          (i) for a school district, the school district's superintendent; or
4569          (ii) for a charter school, an individual selected by the charter school governing board.
4570          (b) ["Governing] "LEA governing board" means:
4571          (i) for a school district, the local school board; or
4572          (ii) for a charter school, the charter school governing board.
4573          (2) The budget officer of [a] an LEA governing board may not draw warrants on school
4574     district or charter school funds except in accordance with and within the limits of the budget
4575     passed by the LEA governing board.
4576          Section 118. Section 53G-7-309 is amended to read:
4577          53G-7-309. Monthly budget reports.
4578          (1) As used in this section:
4579          (a) "Budget officer" means:
4580          (i) for a school district, the school district's superintendent; or
4581          (ii) for a charter school, an individual selected by the charter school governing board.
4582          (b) ["Governing] "LEA governing board" means:
4583          (i) for a school district, the local school board; or
4584          (ii) for a charter school, the charter school governing board.
4585          (2) The business administrator or budget officer of [a] an LEA governing board shall
4586     provide each LEA governing board member with a report, on a monthly basis, that includes the
4587     following information:
4588          (a) the amounts of all budget appropriations;
4589          (b) the disbursements from the appropriations as of the date of the report; and
4590          (c) the percentage of the disbursements as of the date of the report.
4591          (3) Within five days of providing the monthly report described in Subsection (2) to [a]
4592     an LEA governing board, the business administrator or budget officer shall make a copy of the
4593     report available for public review.

4594          Section 119. Section 53G-7-402 is amended to read:
4595          53G-7-402. Internal auditing program -- Audit committee -- Powers and duties.
4596          (1) A local school board or charter school governing board shall establish an audit
4597     committee.
4598          (2) (a) The audit committee shall establish an internal audit program that provides
4599     internal audit services for the programs administered by the local education agency.
4600          (b) A local education agency that has fewer than 10,000 students is not subject to
4601     Subsection (2)(a).
4602          (3) (a) A local school board or charter school governing board shall appoint the audit
4603     director, with the advisement of the audit committee, if the local school board or charter school
4604     governing board hires an audit director.
4605          (b) If the local school board or charter school governing board has not appointed an
4606     audit director and the local school board or charter school governing board contracts directly
4607     for internal audit services, the local school board or charter school governing board shall
4608     approve a contract for internal audit services, with the advisement of the audit committee.
4609          (4) The audit committee shall ensure that copies of all reports of audit findings issued
4610     by the internal auditors are available, upon request, to the audit director of the [State Board of
4611     Education] state board, the Office of the State Auditor, and the Office of Legislative Auditor
4612     General.
4613          (5) The audit committee shall ensure that significant audit matters that cannot be
4614     appropriately addressed by the local education agency internal auditors are referred to either the
4615     audit director of the [State Board of Education] state board, the Office of the State Auditor, or
4616     the Office of Legislative Auditor General.
4617          (6) The audit director may contract with a consultant to assist with an audit.
4618          (7) The audit director of the [State Board of Education] state board and the Office of
4619     the State Auditor may contract to provide internal audit services.
4620          Section 120. Section 53G-7-503 is amended to read:
4621          53G-7-503. State policy on student fees, deposits, or other charges.

4622          (1) For purposes of this part:
4623          [(a) "Board" means the State Board of Education.]
4624          [(b)] (a) "Secondary school" means a school that provides instruction to students in
4625     grades 7, 8, 9, 10, 11, or 12.
4626          [(c)] (b) "Secondary school student":
4627          (i) means a student enrolled in a secondary school; and
4628          (ii) includes a student in grade 6 if the student attends a secondary school.
4629          (2) (a) A secondary school may impose fees on secondary school students.
4630          (b) The state board shall adopt rules regarding the imposition of fees in secondary
4631     schools in accordance with the requirements of this part.
4632          (3) A fee, deposit, or other charge may not be made, or any expenditure required of a
4633     student or the student's parent [or guardian], as a condition for student participation in an
4634     activity, class, or program provided, sponsored, or supported by or through a public school or
4635     school district, unless authorized by the local school board or charter school governing board
4636     under rules adopted by the state board.
4637          (4) (a) A fee, deposit, charge, or expenditure may not be required for elementary school
4638     activities which are part of the regular school day or for supplies used during the regular school
4639     day.
4640          (b) An elementary school or elementary school teacher may compile and provide to a
4641     student's parent [or guardian] a suggested list of supplies for use during the regular school day
4642     so that a parent [or guardian] may furnish on a voluntary basis those supplies for student use.
4643          (c) A list provided to a student's parent [or guardian] pursuant to Subsection (4)(b)
4644     shall include and be preceded by the following language:
4645          "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
4646     SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
4647     OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
4648          Section 121. Section 53G-7-504 is amended to read:
4649          53G-7-504. Waiver of fees.

4650          (1) (a) A local school board shall require, as part of an authorization granted under
4651     Section 53G-7-503, that adequate waivers or other provisions are available to ensure that no
4652     student is denied the opportunity to participate because of an inability to pay the required fee,
4653     deposit, or charge.
4654          (b) (i) If, however, a student must repeat a course or requires remediation to advance or
4655     graduate and a fee is associated with the course or the remediation program, it is presumed that
4656     the student will pay the fee.
4657          (ii) If the student or the student's parent [or guardian] is financially unable to pay the
4658     fee, the local school board shall provide for alternatives to waiving the fee, which may include
4659     installment payments and school or community service or work projects for the student.
4660          (iii) In cases of extreme financial hardship or where the student has suffered a
4661     long-term illness, or death in the family, or other major emergency and where installment
4662     payments and the imposition of a service or work requirement would not be reasonable, the
4663     student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
4664          (iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
4665     and charges made in the secondary schools.
4666          (2) (a) The local school board shall require each school in the district that charges a fee
4667     under this part and Part 6, Textbook Fees, to provide a variety of alternatives for satisfying the
4668     fee requirement to those who qualify for fee waivers, in addition to the outright waiver of the
4669     fee.
4670          (b) The local school board shall develop and provide a list of alternatives for the
4671     schools, including such options as allowing the student to provide:
4672          (i) tutorial assistance to other students;
4673          (ii) assistance before or after school to teachers and other school personnel on school
4674     related matters; and
4675          (iii) general community or home service.
4676          (c) Each school may add to the list of alternatives provided by the local school board,
4677     subject to approval by the local school board.

4678          (3) A local school board may establish policies providing for partial fee waivers or
4679     other alternatives for those students who, because of extenuating circumstances, are not in a
4680     financial position to pay the entire fee.
4681          (4) With regard to children who are in the custody of the Division of Child and Family
4682     Services who are also eligible under Title IV-E of the federal Social Security Act, local school
4683     boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
4684          (5) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4685     the State Board of Education] The state board shall make rules:
4686          (a) requiring a parent [or guardian] of a student applying for a fee waiver to provide
4687     documentation and certification to the school verifying:
4688          (i) the student's eligibility to receive the waiver; and
4689          (ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
4690     been complied with to the fullest extent reasonably possible according to the individual
4691     circumstances of both the fee waiver applicant and the school; and
4692          (b) specifying the acceptable forms of documentation for the requirement under
4693     Subsection (5)(a), which shall include verification based on income tax returns or current pay
4694     stubs.
4695          (6) Notwithstanding the requirements under Subsection (5), a school is not required to
4696     keep documentation on file after the verification is completed.
4697          Section 122. Section 53G-7-505 is amended to read:
4698          53G-7-505. Notice of student fees and waivers.
4699          A local school board shall annually give written notice of its student fee schedules and
4700     fee waiver policies to the parent [or guardian] of a child who attends a public school within the
4701     district.
4702          Section 123. Section 53G-7-602 is amended to read:
4703          53G-7-602. State policy on providing textbooks.
4704          (1) It is the public policy of this state that public education shall be free.
4705          (2) A student may not be denied an education because of economic inability to

4706     purchase textbooks necessary for advancement in or graduation from the public school system.
4707          (3) [A school] An LEA governing board may not sell textbooks or otherwise charge
4708     textbook fees or deposits except as provided in this public education code.
4709          Section 124. Section 53G-7-603 is amended to read:
4710          53G-7-603. Purchase of textbooks by local school board -- Sales to pupils -- Free
4711     textbooks -- Textbooks provided to teachers -- Payment of costs -- Rental of textbooks.
4712          (1) A local school board, under rules adopted by the [State Board of Education] state
4713     board, may purchase textbooks for use in the public schools directly from the publisher at
4714     prices and terms approved by the state board and may sell those books to pupils in grades
4715     [nine] 9 through 12 at a cost not to exceed the actual cost of the book plus costs of
4716     transportation and handling.
4717          (2) Each local school board, however, shall provide, free of charge, textbooks and
4718     workbooks required for courses of instruction for each child attending public schools whose
4719     parent [or guardian] is financially unable to purchase them.
4720          (3) Children who are receiving cash assistance under Title 35A, Chapter 3, Part 3,
4721     Family Employment Program, supplemental security income, or who are in the custody of the
4722     Division of Child and Family Services within the Department of Human Services are eligible
4723     for free textbooks and workbooks under this section.
4724          (4) The local school board shall also purchase all books necessary for teachers to
4725     conduct their classes.
4726          (5) The cost of furnishing textbooks and workbooks may be paid from school operating
4727     funds, the textbook fund, or from other available funds.
4728          (6) Books provided to teachers and pupils without charge or at less than full cost are
4729     paid for out of funds of the district and remain the property of the district.
4730          (7) In school districts that require pupils to rent books instead of purchasing them or
4731     providing them free of charge, the local school board shall waive rental fees for a child whose
4732     parent [or guardian] is financially unable to pay the rental fee. The children considered eligible
4733     under Subsection (3) are also eligible for the purposes of this Subsection (7).

4734          Section 125. Section 53G-7-604 is amended to read:
4735          53G-7-604. Free textbook system.
4736          (1) If a local school board considers it desirable or necessary, or if the local school
4737     board is petitioned by two-thirds of those voting in the district, it shall provide free textbooks
4738     to all pupils in the schools under its charge.
4739          (2) Books purchased under this section shall be paid for out of the funds of the district.
4740          (3) The local school board shall assure that sufficient funds are raised and set aside for
4741     this purpose.
4742          (4) A local school board that has adopted the free textbook system shall terminate the
4743     system if petitioned by two-thirds of those voting in an election conducted for that purpose vote
4744     to terminate the system.
4745          (5) The local school board may not act upon a petition to terminate the free textbook
4746     system during a period of four years after the system is adopted.
4747          (6) The local school board may not reinstitute a free textbook system until four years
4748     after its termination.
4749          Section 126. Section 53G-7-605 is amended to read:
4750          53G-7-605. Repurchase and resale of textbooks.
4751          (1) If a student moves from a district in which free textbooks were not provided, the
4752     local school board of that district may purchase the books used by the student at a reasonable
4753     price, based upon the original cost and the condition of the book upon return.
4754          (2) The books purchased by the district under this section may be resold to other
4755     students in the district.
4756          Section 127. Section 53G-7-606 is amended to read:
4757          53G-7-606. Disposal of textbooks.
4758          (1) For a school year beginning with or after the 2012-13 school year, a local school
4759     district may not dispose of textbooks used in its public schools without first notifying all other
4760     school districts in the state of its intent to dispose of the textbooks.
4761          (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or

4762     worn out.
4763          (3) The [State Board of Education] state board shall develop rules and procedures
4764     directing the disposal of textbooks.
4765          Section 128. Section 53G-7-701 is amended to read:
4766          53G-7-701. Definitions.
4767          As used in this part:
4768          (1) "Bigotry" means action or advocacy of imminent action involving:
4769          (a) the harassment or denigration of a person or entity; or
4770          (b) any intent to cause a person not to freely enjoy or exercise any right secured by the
4771     constitution or laws of the United States or the state, except that an evaluation or prohibition
4772     may not be made of the truth or falsity of any religious belief or expression of conscience
4773     unless the means of expression or conduct arising therefrom violates the standards of conduct
4774     outlined in this section, Section 53G-10-203, or 20 U.S.C. Sec. 4071(f).
4775          (2) "Club" means any student organization that meets during noninstructional time.
4776          (3) "Conscience" means a standard based upon learned experiences, a personal
4777     philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
4778     right and wrong which is felt on an individual basis, a belief in an external absolute, or any
4779     combination of the foregoing.
4780          (4) "Curricular club" means a club that is school sponsored and that may receive
4781     leadership, direction, and support from the school or school district beyond providing a
4782     meeting place during noninstructional time. An elementary school curricular club means a club
4783     that is organized and directed by school sponsors at the elementary school. A secondary school
4784     curricular club means a club:
4785          (a) whose subject matter is taught or will soon be taught in a regular course;
4786          (b) whose subject matter concerns the body of courses as a whole;
4787          (c) in which participation is required for a particular course; or
4788          (d) in which participation results in academic credit.
4789          (5) (a) "Discretionary time" means school-related time for students that is not

4790     instructional time.
4791          (b) "Discretionary time" includes free time before and after school, during lunch and
4792     between classes or on buses, and private time before athletic and other events or activities.
4793          (6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
4794     imminent action that violates any law or administrative rule.
4795          (b) "Encourage criminal or delinquent conduct" does not include discussions
4796     concerning changing of laws or rules, or actions taken through lawfully established channels to
4797     effectuate such change.
4798          (7) (a) "Instructional time" means time during which a school is responsible for a
4799     student and the student is required or expected to be actively engaged in a learning activity.
4800          (b) "Instructional time" includes instructional activities in the classroom or study hall
4801     during regularly scheduled hours, required activities outside the classroom, and counseling,
4802     private conferences, or tutoring provided by school employees or volunteers acting in their
4803     official capacities during or outside of regular school hours.
4804          (8) "Involve human sexuality" means:
4805          (a) presenting information in violation of laws governing sex education, including
4806     Sections 53G-10-402 and 53E-9-203;
4807          (b) advocating or engaging in sexual activity outside of legally recognized marriage or
4808     forbidden by state law; or
4809          (c) presenting or discussing information relating to the use of contraceptive devices or
4810     substances, regardless of whether the use is for purposes of contraception or personal health.
4811          (9) "LEA governing board" means a local school board or charter school governing
4812     board.
4813          [(9)] (10) "Limited open forum" means a forum created by a school district or charter
4814     school for student expression within the constraints of Subsection 53G-10-203(2)(b).
4815          [(10)] (11) "Noncurricular club" is a student initiated group that may be authorized and
4816     allowed school facilities use during noninstructional time in secondary schools by a school and
4817     [school] LEA governing board in accordance with the provisions of this part. A noncurricular

4818     club's meetings, ideas, and activities are not sponsored or endorsed in any way by [a school] an
4819     LEA governing board, the school, or by school or school district employees.
4820          [(11)] (12) "Noninstructional time" means time set aside by a school before
4821     instructional time begins or after instructional time ends, including discretionary time.
4822          [(12)] (13) "Religious club" means a noncurricular club designated in its application as
4823     either being religiously based or based on expression or conduct mandated by conscience.
4824          [(13)] (14) "School" means a public school, including a charter school.
4825          [(14)] (15) (a) "School facilities use" means access to a school facility, premises, or
4826     playing field.
4827          (b) "School facilities use" includes access to a limited open forum.
4828          [(15) "School governing board" means a local school board or charter school board.]
4829          Section 129. Section 53G-7-702 is amended to read:
4830          53G-7-702. Student clubs -- Limited open forum -- Authorization.
4831          (1) (a) A school may establish and maintain a limited open forum for student clubs
4832     pursuant to the provisions of this part, [State Board of Education] state board rules, and
4833     [school] LEA governing board policies.
4834          (b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
4835     create a closed forum at any time by allowing curricular clubs only.
4836          (2) (a) A school shall review applications for authorization of clubs on a case-by-case
4837     basis.
4838          (b) Before granting an authorization, the school shall find:
4839          (i) that the proposed club meets this part's respective requirements of a curricular club
4840     or a noncurricular club; and
4841          (ii) that the proposed club's purpose and activities comply with this part.
4842          (c) Before granting an authorization, a school may request additional information from
4843     the faculty sponsor, from students proposing the club, or from its [school] LEA governing
4844     board, if desired.
4845          (3) A school shall grant authorization and school facilities use to curricular and

4846     noncurricular clubs whose applications are found to meet the requirements of this part, rules of
4847     the [State Board of Education] state board, and policies of the [school] LEA governing board
4848     and shall limit or deny authorization or school facilities use to proposed clubs that do not meet
4849     the requirements of this part, rules of the [State Board of Education] state board, and policies of
4850     the [school] LEA governing board.
4851          Section 130. Section 53G-7-703 is amended to read:
4852          53G-7-703. Curricular clubs -- Authorization.
4853          (1) Faculty members or students proposing a curricular club shall submit written
4854     application for authorization on a form approved by the [school] LEA governing board.
4855          (2) [A school] An LEA governing board may exempt a club whose membership is
4856     determined by student body election or a club that is governed by an association that regulates
4857     interscholastic activities from the authorization requirements under this section.
4858          (3) An application for authorization of a curricular club shall include:
4859          (a) the recommended club name;
4860          (b) a statement of the club's purpose, goals, and activities;
4861          (c) a statement of the club's categorization, which shall be included in the parental
4862     consent required under Section 53G-7-709, indicating all of the following that may apply:
4863          (i) athletic;
4864          (ii) business/economic;
4865          (iii) agriculture;
4866          (iv) art/music/performance;
4867          (v) science;
4868          (vi) gaming;
4869          (vii) religious;
4870          (viii) community service/social justice; and
4871          (ix) other;
4872          (d) the recommended meeting times, dates, and places;
4873          (e) a statement that the club will comply with the provisions of this part and all other

4874     applicable laws, rules, or policies; and
4875          (f) a budget showing the amount and source of any funding provided or to be provided
4876     to the club and its proposed use.
4877          (4) The application may be as brief as a single page so long as it contains the items
4878     required under this section.
4879          (5) A school shall approve the name of a curricular club consistent with the club's
4880     purposes and its school sponsorship.
4881          (6) (a) A school shall determine curriculum relatedness by strictly applying this part's
4882     definition of curricular club to the club application.
4883          (b) If the school finds that the proposed club is a curricular club, the school shall
4884     continue to review the application as an application for authorization of a curricular club.
4885          (c) If the school finds that the proposed club is a noncurricular club, the school may:
4886          (i) return the application to the faculty member or students proposing the club for
4887     amendment; or
4888          (ii) review the application as an application for authorization of a noncurricular club.
4889          (7) (a) Only curricular clubs may be authorized for elementary schools.
4890          (b) A school governing body may limit, or permit a secondary school to limit, the
4891     authorization of clubs at the secondary school to only curricular clubs.
4892          Section 131. Section 53G-7-704 is amended to read:
4893          53G-7-704. Noncurricular clubs -- Annual authorization.
4894          (1) A noncurricular club shall have a minimum of three members.
4895          (2) Students proposing a noncurricular club shall submit a written application for
4896     authorization on a form approved by the [school] LEA governing board.
4897          (3) An application for authorization of a noncurricular club shall include:
4898          (a) the recommended club name;
4899          (b) a statement of the club's purpose, goals, and activities;
4900          (c) a statement of the club's categorization, which shall be included in the parental
4901     consent required under Section 53G-7-709, indicating all of the following that may apply:

4902          (i) athletic;
4903          (ii) business/economic;
4904          (iii) agriculture;
4905          (iv) art/music/performance;
4906          (v) science;
4907          (vi) gaming;
4908          (vii) religious;
4909          (viii) community service/social justice; and
4910          (ix) other;
4911          (d) the recommended meeting times, dates, and places;
4912          (e) a statement that the club will comply with the provisions of this part and all other
4913     applicable laws, rules, or policies; and
4914          (f) a budget showing the amount and source of any funding provided or to be provided
4915     to the club and its proposed use.
4916          (4) The application may be as brief as a single page so long as it contains the items
4917     required under this section.
4918          (5) (a) [A school] An LEA governing board may provide for approval of a
4919     noncurricular club name in an action separate from that relating to authorization of the club
4920     itself.
4921          (b) [A school] An LEA governing board shall require:
4922          (i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
4923     activities; and
4924          (ii) that the noncurricular club name shall be a name that would not result in or imply a
4925     violation of this part.
4926          Section 132. Section 53G-7-705 is amended to read:
4927          53G-7-705. Clubs -- Limitations and denials.
4928          (1) A school shall limit or deny authorization or school facilities use to a club, or
4929     require changes prior to granting authorization or school facilities use:

4930          (a) as the school determines it to be necessary to:
4931          (i) protect the physical, emotional, psychological, or moral well-being of students and
4932     faculty;
4933          (ii) maintain order and discipline on school premises;
4934          (iii) prevent a material and substantial interference with the orderly conduct of a
4935     school's educational activities;
4936          (iv) protect the rights of parents [or guardians] and students;
4937          (v) maintain the boundaries of socially appropriate behavior; or
4938          (vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
4939          (b) if a club's proposed charter and proposed activities indicate students or advisors in
4940     club related activities would as a substantial, material, or significant part of their conduct or
4941     means of expression:
4942          (i) encourage criminal or delinquent conduct;
4943          (ii) promote bigotry;
4944          (iii) involve human sexuality; or
4945          (iv) involve any effort to engage in or conduct mental health therapy, counseling, or
4946     psychological services for which a license would be required under state law.
4947          (2) [A school] An LEA governing board has the authority to determine whether any
4948     club meets the criteria of Subsection (1).
4949          (3) If a school or [school] LEA governing board limits or denies authorization to a
4950     club, the school or [school] LEA governing board shall provide, in writing, to the applicant the
4951     factual and legal basis for the limitation or denial.
4952          (4) A student's spontaneous expression of sentiments or opinions otherwise identified
4953     in Subsection 53E-9-203(1) is not prohibited.
4954          Section 133. Section 53G-7-707 is amended to read:
4955          53G-7-707. Use of school facilities by clubs.
4956          (1) A school shall determine and assign school facilities use for curricular and
4957     noncurricular clubs consistent with the needs of the school.

4958          (2) The following [rules] provisions apply to curricular clubs:
4959          (a) in assigning school facilities use, the administrator may give priority to curricular
4960     clubs over noncurricular clubs; and
4961          (b) the school may provide financial or other support to curricular clubs.
4962          (3) The following [rules] provisions apply to noncurricular clubs:
4963          (a) a preference or priority may not be given among noncurricular clubs;
4964          (b) (i) a school shall only provide the space for noncurricular club meetings; and
4965          (ii) a school may not spend public funds for noncurricular clubs, except as required to
4966     implement the provisions of this part, including providing space and faculty oversight for
4967     noncurricular clubs;
4968          (c) a school shall establish the noninstructional times during which noncurricular clubs
4969     may meet;
4970          (d) a school may establish the places that noncurricular clubs may meet;
4971          (e) a school may set the number of hours noncurricular clubs may use the school's
4972     facilities per month, provided that all noncurricular clubs shall be treated equally; and
4973          (f) a school shall determine what access noncurricular clubs shall be given to the
4974     school newspaper, yearbook, bulletin boards, or public address system, provided that all
4975     noncurricular clubs shall be treated equally.
4976          Section 134. Section 53G-7-708 is amended to read:
4977          53G-7-708. Club membership.
4978          (1) A school shall require written parental [or guardian] consent for student
4979     participation in all curricular and noncurricular clubs at the school.
4980          (2) Membership in curricular clubs is governed by the following [rules]:
4981          (a) (i) membership may be limited to students who are currently attending the
4982     sponsoring school or school district; and
4983          (ii) members who attend a school other than the sponsoring school shall have, in
4984     addition to the consent required under Section 53G-7-709, specific parental [or guardian]
4985     permission for membership in a curricular club at another school;

4986          (b) (i) curricular clubs may require that prospective members try out based on objective
4987     criteria outlined in the application materials; and
4988          (ii) try-outs may not require activities that violate the provisions of this part and other
4989     applicable laws, rules, and policies; and
4990          (c) other rules or policies as determined by the [State Board of Education] state board,
4991     school district, or school.
4992          (3) Membership in noncurricular clubs is governed by the following [rules]:
4993          (a) student membership in a noncurricular club is voluntary;
4994          (b) membership shall be limited to students who are currently attending the school;
4995          (c) (i) noncurricular clubs may require that prospective members try out based on
4996     objective criteria outlined in the application materials; and
4997          (ii) try-outs may not require activities that violate the provisions of this part and other
4998     applicable laws, rules, and policies;
4999          (d) a copy of any written or other media materials that were presented at a
5000     noncurricular club meeting by a nonschool person shall be delivered to a school administrator
5001     no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent
5002     [or legal guardian] shall have an opportunity to review those materials; and
5003          (e) other rules or policies as determined by the [State Board of Education] state board,
5004     school district, or school.
5005          Section 135. Section 53G-7-709 is amended to read:
5006          53G-7-709. Parental consent.
5007          (1) A school shall require written parental [or guardian] consent for student
5008     participation in all curricular and noncurricular clubs at the school.
5009          (2) The consent described in Subsection (1) shall include an activity disclosure
5010     statement containing the following information:
5011          (a) the specific name of the club;
5012          (b) a statement of the club's purpose, goals, and activities;
5013          (c) a statement of the club's categorization, which shall be obtained from the

5014     application for authorization of a club in accordance with the provisions of Section 53G-7-703
5015     or 53G-7-704, indicating all of the following that may apply:
5016          (i) athletic;
5017          (ii) business/economic;
5018          (iii) agriculture;
5019          (iv) art/music/performance;
5020          (v) science;
5021          (vi) gaming;
5022          (vii) religious;
5023          (viii) community service/social justice; and
5024          (ix) other;
5025          (d) beginning and ending dates;
5026          (e) a tentative schedule of the club activities with dates, times, and places specified;
5027          (f) personal costs associated with the club, if any;
5028          (g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
5029          (h) any additional information considered important for the students and parents to
5030     know.
5031          (3) All completed parental consent forms shall be filed by the parent or the club's
5032     sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
5033     charter school, or their designee.
5034          Section 136. Section 53G-7-711 is amended to read:
5035          53G-7-711. Appeals -- Procedures.
5036          (1) (a) A completed application or complaint shall be approved, denied, or investigated
5037     by the school within a reasonable amount of time.
5038          (b) If an application or complaint is denied, written reasons for the denial or results of
5039     the investigation shall be stated and, if appropriate, suggested corrections shall be made to
5040     remedy the deficiency.
5041          (c) A club that is denied school facilities use shall be informed at the time of the denial

5042     of the factual and legal basis for the denial, and, if appropriate, how the basis for the denial
5043     could be corrected.
5044          (2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
5045     speaking, or a complaining parent [or guardian], has 10 school days from the date of the denial,
5046     suspension, or termination to file a written appeal from the denial, suspension, or termination
5047     to a designee authorized by the [school] LEA governing board.
5048          (b) The designee shall issue a determination within a reasonable amount of time from
5049     receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
5050     remedies unless the time for evaluation is extended by agreement of all parties.
5051          (3) A person directly affected by a decision made in accordance with the provisions of
5052     this part may appeal the decision by writing to a person designated by the [school] LEA
5053     governing board.
5054          Section 137. Section 53G-7-712 is amended to read:
5055          53G-7-712. Rulemaking -- State board -- LEA governing boards.
5056          The [State Board of Education] state board may adopt additional rules and [school]
5057     LEA governing boards may adopt additional [rules or] policies governing clubs that do not
5058     conflict with the provisions of this part.
5059          Section 138. Section 53G-7-803 is amended to read:
5060          53G-7-803. Uniforms in schools -- Policy approval.
5061          (1) The school uniform policy authorized in Section 53G-7-802 may be adopted:
5062          (a) for a charter school:
5063          (i) by the [governing body] charter school governing board or administrator of the
5064     charter school in accordance with Subsection (2); or
5065          (ii) by including the school uniform policy in the school's charter agreement approved
5066     in accordance with Chapter 5, Utah Charter Schools;
5067          (b) for more than one school at the district level by a local school board in accordance
5068     with Subsection (2); or
5069          (c) for a single school at the school level by the principal of the school in accordance

5070     with Subsection (2).
5071          (2) A school uniform policy adopted by an election is subject to the following
5072     requirements:
5073          (a) the adopting authority shall hold a public hearing on the matter prior to formal
5074     adoption of the school uniform policy;
5075          (b) (i) the adopting authority shall hold an election for approval of a school uniform
5076     policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
5077     at the election; and
5078          (ii) only parents [and guardians] of students subject to the proposed school uniform
5079     policy may vote at the election, limited to one vote per family.
5080          (3) (a) A local school board or principal is required to hold an election to consider
5081     adoption of a school uniform policy for an entire school district or an individual school if
5082     initiative petitions are presented as follows:
5083          (i) for a school district, a petition signed by a parent [or guardian] of 20% of the
5084     district's students presented to the local school board; and
5085          (ii) for an individual school, a petition signed by a parent [or guardian] of 20% of the
5086     school's students presented to the principal.
5087          (b) The public hearing and election procedures required in Subsection (2) apply to this
5088     Subsection (3).
5089          (4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
5090     discontinuance or modification of a school uniform policy adopted under this section.
5091          (b) A vote to discontinue an adopted school uniform policy may not take place during
5092     the first year of its operation.
5093          (5) The adopting authority shall establish the manner and time of an election required
5094     under this section.
5095          Section 139. Section 53G-7-901 is amended to read:
5096          53G-7-901. Definitions.
5097          As used in this part:

5098          (1) "Cooperating employer" means a public or private entity which, as part of a work
5099     experience and career exploration program offered through a school, provides interns with
5100     training and work experience in activities related to the entity's ongoing business activities.
5101          (2) "Intern" means a student enrolled in a school-sponsored work experience and career
5102     exploration program under Section 53G-7-902 involving both classroom instruction and work
5103     experience with a cooperating employer, for which the student receives no compensation.
5104          (3) "Internship" means the work experience segment of an intern's school-sponsored
5105     work experience and career exploration program, performed under the direct supervision of a
5106     cooperating employer.
5107          (4) "Private school" means a school serving any of grades 7 through 12 which is not
5108     part of the public education system.
5109          (5) "Public school" means:
5110          (a) a public school district;
5111          (b) an applied technology center or applied technology service region;
5112          (c) the Schools for the Deaf and the Blind; or
5113          (d) other components of the public education system authorized by the [State Board of
5114     Education] state board to offer internships.
5115          Section 140. Section 53G-7-902 is amended to read:
5116          53G-7-902. Public or private school internships.
5117          A public or private school may offer internships in connection with work experience
5118     and career exploration programs operated in accordance with the rules of the [State Board of
5119     Education] state board.
5120          Section 141. Section 53G-7-1004 is amended to read:
5121          53G-7-1004. Rulemaking -- Reporting.
5122          The [State Board of Education] state board may make rules [in accordance with Title
5123     63G, Chapter 3, Utah Administrative Rulemaking Act,] regarding compliance standards and
5124     reporting requirements for local school boards with respect to the policy required by Section
5125     53G-7-1002.

5126          Section 142. Section 53G-7-1101 is amended to read:
5127          53G-7-1101. Definitions.
5128          As used in this part:
5129          (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
5130     assigning a public school a classification or region.
5131          (2) "Appeals panel" means the appeals panel created in Section 53G-7-1106.
5132          (3) (a) "Association" means an organization that governs or regulates a student's
5133     participation in an athletic interscholastic activity.
5134          (b) "Association" does not include an institution of higher education described in
5135     Section 53B-1-102.
5136          (4) "Classification" means the designation of a school based on the size of the school's
5137     student enrollment population for purposes of interscholastic activities.
5138          (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
5139     or governed by an association.
5140          (6) "Governing body" means a body within an association that:
5141          (a) is responsible for:
5142          (i) adopting [rules or] standards or policies that govern interscholastic activities or the
5143     administration of the association;
5144          (ii) adopting or amending the association's governing document or bylaws;
5145          (iii) enforcing the [rules and] standards and policies of the association; and
5146          (iv) adopting the association's budget; and
5147          (b) has oversight of other boards, committees, councils, or bodies within the
5148     association.
5149          (7) "Interscholastic activity" means an activity within the state in which:
5150          (a) a student that participates represents the student's school in the activity; and
5151          (b) the participating student is enrolled in grade 9, 10, 11, or 12.
5152          (8) "Public hearing" means a hearing at which members of the public are provided a
5153     reasonable opportunity to comment on the subject of the hearing.

5154          (9) "Region" means a grouping of schools of the same classification for purposes of
5155     interscholastic activities.
5156          Section 143. Section 53G-7-1103 is amended to read:
5157          53G-7-1103. Governing body membership.
5158          (1) (a) A governing body shall have 15 members as follows:
5159          (i) six members who:
5160          (A) are each an elected member of a local school board; and
5161          (B) each represent a different classification;
5162          (ii) (A) one school superintendent representing the two largest classifications;
5163          (B) one school superintendent representing the two classifications that are next in
5164     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
5165     and
5166          (C) one school superintendent representing the two classifications that are next in
5167     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
5168          (iii) (A) one school principal representing the two largest classifications;
5169          (B) one school principal representing the two classifications that are next in
5170     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
5171     and
5172          (C) one school principal representing the two classifications that are next in
5173     diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
5174          (iv) one representative of charter schools;
5175          (v) one representative of private schools, if private schools are members of or regulated
5176     by the association; and
5177          (vi) one member representing the [State Board of Education] state board.
5178          (b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
5179     elected or appointed by or represent charter or private schools on the governing body.
5180          (2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
5181     appointed, or otherwise selected in accordance with association rule or policy to the extent the

5182     selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
5183          (b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
5184     the [State Board of Education] state board or the chair's designee if the designee is an elected
5185     member of the [State Board of Education] state board.
5186          Section 144. Section 53G-7-1104 is amended to read:
5187          53G-7-1104. Reporting requirements.
5188          An association shall provide a verbal report, accompanied by a written report, annually
5189     to the [State Board of Education] state board, including:
5190          (1) the association's annual budget in accordance with Section 53G-7-1105;
5191          (2) a schedule of events scheduled or facilitated by the association;
5192          (3) procedures for alignment or realignment;
5193          (4) any amendments or changes to the association's governing document or bylaws; and
5194          (5) any other information requested by the [State Board of Education] state board.
5195          Section 145. Section 53G-7-1105 is amended to read:
5196          53G-7-1105. Association budgets.
5197          (1) An association shall:
5198          (a) adopt a budget in accordance with this section; and
5199          (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
5200     be in accordance with generally accepted accounting principles or auditing standards.
5201          (2) An association budget officer or executive director shall annually prepare a
5202     tentative budget, with supporting documentation, to be submitted to the governing body.
5203          (3) The tentative budget and supporting documents shall include the following items:
5204          (a) the revenues and expenditures of the preceding fiscal year;
5205          (b) the estimated revenues and expenditures of the current fiscal year;
5206          (c) a detailed estimate of the essential expenditures for all purposes for the next
5207     succeeding fiscal year; and
5208          (d) the estimated financial condition of the association by funds at the close of the
5209     current fiscal year.

5210          (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
5211     before the date of the tentative budget's proposed adoption by the governing body.
5212          (5) The governing body shall adopt a budget.
5213          (6) Before the adoption or amendment of a budget, the governing body shall hold a
5214     public hearing on the proposed budget or budget amendment.
5215          (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
5216     Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
5217     public hearing, a governing body shall:
5218          (i) publish a notice of the public hearing electronically in accordance with Section
5219     63F-1-701; and
5220          (ii) post the proposed budget on the association's Internet website.
5221          (b) A notice of a public hearing on an association's proposed budget shall include
5222     information on how the public may access the proposed budget as provided in Subsection
5223     (7)(a).
5224          (8) No later than September 30 of each year, the governing body shall file a copy of the
5225     adopted budget with the state auditor and the [State Board of Education] state board.
5226          Section 146. Section 53G-7-1106 is amended to read:
5227          53G-7-1106. Procedures for disputes -- Appeals -- Appeals panel --
5228     Compensation.
5229          (1) (a) An association shall establish a uniform procedure for hearing and deciding:
5230          (i) disputes;
5231          (ii) allegations of violations of the association's rules or policies;
5232          (iii) requests to establish eligibility after a student transfers schools; and
5233          (iv) disputes related to alignment or realignment.
5234          (b) An individual may appeal to an appeals panel established in this section an
5235     association decision regarding a request to establish eligibility after a student transfers schools.
5236          (2) (a) There is established an appeals panel for an association decision described in
5237     Subsection (1)(b).

5238          (b) The appeals panel shall consist of the following three members:
5239          (i) a judge or attorney who is not employed by, or contracts with, a school;
5240          (ii) a retired educator, principal, or superintendent; and
5241          (iii) a retired athletic director or coach.
5242          (c) A review and decision by the appeals panel is limited to whether the association
5243     properly followed the association's rules and procedures in regard to a decision described in
5244     Subsection (1)(b).
5245          (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
5246          (ii) The appeals panel shall review an appeal and issue a written decision explaining
5247     the appeals panel's decision no later than 10 business days after an appeal is filed.
5248          (e) The appeals panel's decision is final.
5249          (3) (a) The [State Board of Education] state board shall appoint the members of the
5250     appeals panel described in Subsection (2):
5251          (i) from the association's nominations described in Subsection (3)(b); and
5252          (ii) in accordance with the [State Board of Education's] state board's appointment
5253     process.
5254          (b) (i) The association shall nominate up to three individuals for each position
5255     described in Subsection (2) for the [State Board of Education's] state board's consideration.
5256          (ii) If the [State Board of Education] state board refuses to appoint members to the
5257     panel who were nominated by the association as described in Subsection (3)(b)(i), the [State
5258     Board of Education] state board shall request additional nominations from the association.
5259          (iii) No later than 45 days after the association provides the nominations, the [State
5260     Board of Education] state board shall appoint to the appeals panel an individual from the
5261     names provided by the association.
5262          (c) For the initial membership, the [State Board of Education] state board shall appoint
5263     two of the positions having an initial term of three years and one position having an initial term
5264     of two years.
5265          (d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,

5266     the [State Board of Education] state board shall appoint each new member or reappointed
5267     member to a two-year term.
5268          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
5269     appointed for the unexpired term.
5270          (4) The [State Board of Education] state board shall reimburse an association for per
5271     diem and travel expenses of members of the appeals panel.
5272          Section 147. Section 53G-7-1202 is amended to read:
5273          53G-7-1202. School community councils -- Duties -- Composition -- Election
5274     procedures and selection of members.
5275          (1) As used in this section:
5276          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
5277     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
5278          [(b) "District school" means a public school under the control of a local school board
5279     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
5280     Boards.]
5281          [(c)] (b) "Educator" means the same as that term is defined in Section 53E-6-102.
5282          [(d)] (c) (i) "Parent [or guardian] member" means a member of a school community
5283     council who is a parent [or guardian] of a student who:
5284          (A) is attending the school; or
5285          (B) will be enrolled at the school during the parent's [or guardian's] term of office.
5286          (ii) "Parent [or guardian] member" may not include an educator who is employed at the
5287     school.
5288          [(e)] (d) "School community council" means a council established at a district school in
5289     accordance with this section.
5290          [(f)] (e) "School employee member" means a member of a school community council
5291     who is a person employed at the school by the school or school district, including the principal.
5292          [(g)] (f) "School LAND Trust Program money" means money allocated to a school
5293     pursuant to Section 53F-2-404.

5294          (2) A district school, in consultation with the district school's local school board, shall
5295     establish a school community council at the school building level for the purpose of:
5296          (a) involving parents [or guardians] of students in decision making at the school level;
5297          (b) improving the education of students;
5298          (c) prudently expending School LAND Trust Program money for the improvement of
5299     students' education through collaboration among parents [and guardians], school employees,
5300     and the local school board; and
5301          (d) increasing public awareness of:
5302          (i) school trust lands and related land policies;
5303          (ii) management of the State School Fund established in Utah Constitution Article X,
5304     Section V; and
5305          (iii) educational excellence.
5306          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
5307          (i) create a school improvement plan in accordance with Section 53G-7-1204;
5308          (ii) create the School LAND Trust Program in accordance with Section 53G-7-1206;
5309          (iii) advise and make recommendations to school and school district administrators and
5310     the local school board regarding:
5311          (A) the school and its programs;
5312          (B) school district programs;
5313          (C) a child access routing plan in accordance with Section 53G-4-402;
5314          (D) safe technology utilization and digital citizenship; and
5315          (E) other issues relating to the community environment for students;
5316          (iv) provide for education and awareness on safe technology utilization and digital
5317     citizenship that empowers:
5318          (A) a student to make smart media and online choices; and
5319          (B) a parent [or guardian] to know how to discuss safe technology use with the parent's
5320     [or guardian's] child; and
5321          (v) partner with the school's principal and other administrators to ensure that adequate

5322     on and off campus Internet filtering is installed and consistently configured to prevent viewing
5323     of harmful content by students and school personnel, in accordance with local school board
5324     policy and Subsection 53G-7-216(3).
5325          (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
5326     and (v), a school community council may:
5327          (i) partner with one or more non-profit organizations; or
5328          (ii) create a subcommittee.
5329          (c) A school or school district administrator may not prohibit or discourage a school
5330     community council from discussing issues, or offering advice or recommendations, regarding
5331     the school and its programs, school district programs, the curriculum, or the community
5332     environment for students.
5333          (4) (a) Each school community council shall consist of school employee members and
5334     parent [or guardian] members in accordance with this section.
5335          (b) Except as provided in Subsection (4)(c) or (d):
5336          (i) each school community council for a high school shall have six parent [or guardian]
5337     members and four school employee members, including the principal; and
5338          (ii) each school community council for a school other than a high school shall have
5339     four parent [or guardian] members and two school employee members, including the principal.
5340          (c) A school community council may determine the size of the school community
5341     council by a majority vote of a quorum of the school community council provided that:
5342          (i) the membership includes two or more parent [or guardian] members than the
5343     number of school employee members; and
5344          (ii) there are at least two school employee members on the school community council.
5345          (d) (i) The number of parent [or guardian] members of a school community council
5346     who are not educators employed by the school district shall exceed the number of parent [or
5347     guardian] members who are educators employed by the school district.
5348          (ii) If, after an election, the number of parent [or guardian] members who are not
5349     educators employed by the school district does not exceed the number of parent [or guardian]

5350     members who are educators employed by the school district, the parent [or guardian] members
5351     of the school community council shall appoint one or more parent [or guardian] members to
5352     the school community council so that the number of parent [or guardian] members who are not
5353     educators employed by the school district exceeds the number of parent [or guardian] members
5354     who are educators employed by the school district.
5355          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
5356     the principal, shall be elected by secret ballot by a majority vote of the school employees and
5357     serve a two-year term. The principal shall serve as an ex officio member with full voting
5358     privileges.
5359          (b) (i) Except as provided in Subsection (5)(f), a parent [or guardian] member shall be
5360     elected by secret ballot at an election held at the school by a majority vote of those voting at the
5361     election and serve a two-year term.
5362          (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent [or guardian] of a
5363     student attending the school may vote in, or run as a candidate in, the election under Subsection
5364     (5)(b)(i).
5365          (B) If an election is held in the spring, a parent [or guardian] of a student who will be
5366     attending the school the following school year may vote in, and run as a candidate in, the
5367     election under Subsection (5)(b)(i).
5368          (iii) Any parent [or guardian] of a student who meets the qualifications of this section
5369     may file or declare the parent's [or guardian's] candidacy for election to a school community
5370     council.
5371          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
5372     election of parent [or guardian] members of a school community council shall be established by
5373     a local school board for the schools within the school district.
5374          (B) An election for the parent [or guardian] members of a school community council
5375     shall be held near the beginning of the school year or held in the spring and completed before
5376     the last week of school.
5377          (C) Each school shall establish a time period for the election of parent [or guardian]

5378     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
5379     least a four-year period.
5380          (c) (i) At least 10 days before the date that voting commences for the elections held
5381     under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
5382     shall provide notice to each school employee[,] or parent[, or guardian,] of the opportunity to
5383     vote in, and run as a candidate in, an election under this Subsection (5).
5384          (ii) The notice shall include:
5385          (A) the dates and times of the elections;
5386          (B) a list of council positions that are up for election; and
5387          (C) instructions for becoming a candidate for a community council position.
5388          (iii) The principal of the school, or the principal's designee, shall oversee the elections
5389     held under Subsections (5)(a) and (5)(b).
5390          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
5391     secure ballot box.
5392          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
5393     available to the public upon request.
5394          (e) (i) If a parent [or guardian] position on a school community council remains
5395     unfilled after an election is held, the other parent [or guardian] members of the council shall
5396     appoint a parent [or guardian] who meets the qualifications of this section to fill the position.
5397          (ii) If a school employee position on a school community council remains unfilled after
5398     an election is held, the other school employee members of the council shall appoint a school
5399     employee to fill the position.
5400          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
5401     (ii) shall serve a two-year term.
5402          (f) (i) If the number of candidates who file for a parent [or guardian] position or school
5403     employee position on a school community council is less than or equal to the number of open
5404     positions, an election is not required.
5405          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent [or guardian]

5406     position remains unfilled, the other parent [or guardian] members of the council shall appoint a
5407     parent [or guardian] who meets the qualifications of this section to fill the position.
5408          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
5409     position remains unfilled, the other school employee members of the council shall appoint a
5410     school employee who meets the qualifications of this section to fill the position.
5411          (g) The principal shall enter the names of the council members on the School LAND
5412     Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
5413          (h) Terms shall be staggered so that approximately half of the council members stand
5414     for election each year.
5415          (i) A school community council member may serve successive terms provided the
5416     member continues to meet the definition of a parent [or guardian] member or school employee
5417     member as specified in Subsection (1).
5418          (j) Each school community council shall elect:
5419          (i) a chair from its parent [or guardian] members; and
5420          (ii) a vice chair from either its parent [or guardian] members or school employee
5421     members, excluding the principal.
5422          (6) (a) A school community council may create subcommittees or task forces to:
5423          (i) advise or make recommendations to the council; or
5424          (ii) develop all or part of a plan listed in Subsection (3).
5425          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
5426     subject to the approval of the school community council.
5427          (c) A school community council may appoint individuals who are not council members
5428     to serve on a subcommittee or task force, including parents [or guardians], school employees,
5429     or other community members.
5430          (7) (a) A majority of the members of a school community council is a quorum for the
5431     transaction of business.
5432          (b) The action of a majority of the members of a quorum is the action of the school
5433     community council.

5434          (8) A local school board shall provide training for a school community council each
5435     year, including training:
5436          (a) for the chair and vice chair about their responsibilities;
5437          (b) on resources available on the School LAND Trust website; and
5438          (c) on this part.
5439          Section 148. Section 53G-7-1203 is amended to read:
5440          53G-7-1203. School community councils -- Open and public meeting
5441     requirements.
5442          (1) As used in this section:
5443          (a) (i) "Charter trust land council" means a council established by a charter school
5444     governing board under Section 53G-7-1205.
5445          (ii) "Charter trust land council" does not include a charter school governing board
5446     acting as a charter trust land council.
5447          [(b) "School community council" means a council established at a school within a
5448     school district under Section 53G-7-1202.]
5449          [(c)] (b) "Council" means a school community council or a charter trust land council.
5450          (c) "School community council" means a council established at a school within a
5451     school district under Section 53G-7-1202.
5452          (2) A school community council or a charter trust land council:
5453          (a) shall conduct deliberations and take action openly as provided in this section; and
5454          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
5455          (3) (a) As required by Section 53G-7-1202, a local school board shall provide training
5456     for the members of a school community council on this section.
5457          (b) A charter school governing board shall provide training for the members of a
5458     charter trust land council on this section.
5459          (4) (a) A meeting of a council is open to the public.
5460          (b) A council may not close any portion of a meeting.
5461          (5) A council shall, at least one week prior to a meeting, post the following information

5462     on the school's website:
5463          (a) a notice of the meeting, time, and place;
5464          (b) an agenda for the meeting; and
5465          (c) the minutes of the previous meeting.
5466          (6) (a) On or before October 20, a principal shall post the following information on the
5467     school website and in the school office:
5468          (i) the proposed council meeting schedule for the year;
5469          (ii) a telephone number or email address, or both, where each council member can be
5470     reached directly; and
5471          (iii) a summary of the annual report required under Section 53G-7-1206 on how the
5472     school's School LAND Trust Program money was used to enhance or improve academic
5473     excellence at the school and implement a component of the school's improvement plan.
5474          (b) (i) A council shall identify and use methods of providing the information listed in
5475     Subsection (6)(a) to a parent [or guardian] who does not have Internet access.
5476          (ii) Money allocated to a school under the School LAND Trust Program under Section
5477     53F-2-404 may not be used to provide information as required by Subsection (6)(b)(i).
5478          (7) (a) The notice requirement of Subsection (5) may be disregarded if:
5479          (i) because of unforeseen circumstances it is necessary for a council to hold an
5480     emergency meeting to consider matters of an emergency or urgent nature; and
5481          (ii) the council gives the best notice practicable of:
5482          (A) the time and place of the emergency meeting; and
5483          (B) the topics to be considered at the emergency meeting.
5484          (b) An emergency meeting of a council may not be held unless:
5485          (i) an attempt has been made to notify all the members of the council; and
5486          (ii) a majority of the members of the council approve the meeting.
5487          (8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
5488     to notify the public as to the topics to be considered at the meeting.
5489          (b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on

5490     the meeting agenda.
5491          (c) A council may not take final action on a topic in a meeting unless the topic is:
5492          (i) listed under an agenda item as required by Subsection (8)(b); and
5493          (ii) included with the advance public notice required by Subsection (5).
5494          (9) (a) Written minutes shall be kept of a council meeting.
5495          (b) Written minutes of a council meeting shall include:
5496          (i) the date, time, and place of the meeting;
5497          (ii) the names of members present and absent;
5498          (iii) a brief statement of the matters proposed, discussed, or decided;
5499          (iv) a record, by individual member, of each vote taken;
5500          (v) the name of each person who:
5501          (A) is not a member of the council; and
5502          (B) after being recognized by the chair, provided testimony or comments to the
5503     council;
5504          (vi) the substance, in brief, of the testimony or comments provided by the public under
5505     Subsection (9)(b)(v); and
5506          (vii) any other information that is a record of the proceedings of the meeting that any
5507     member requests be entered in the minutes.
5508          (c) The written minutes of a council meeting:
5509          (i) are a public record under Title 63G, Chapter 2, Government Records Access and
5510     Management Act; and
5511          (ii) shall be retained for three years.
5512          (10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
5513     [rules] policies that govern and prescribe in a public meeting:
5514          (i) parliamentary order and procedure;
5515          (ii) ethical behavior; and
5516          (iii) civil discourse.
5517          (b) A council shall:

5518          (i) adopt rules of order and procedure to govern a public meeting of the council;
5519          (ii) conduct a public meeting in accordance with the rules of order and procedure
5520     described in Subsection (10)(b)(i); and
5521          (iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
5522     to the public:
5523          (A) at each public meeting of the council; and
5524          (B) on the school's website.
5525          Section 149. Section 53G-7-1205 is amended to read:
5526          53G-7-1205. Charter trust land councils.
5527          (1) To receive School LAND Trust Program funding as described in Sections
5528     53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust
5529     land council, which shall prepare a plan for the use of School LAND Trust Program money that
5530     includes the elements described in Subsection 53G-7-1206(4).
5531          (2) (a) The membership of the council shall include parents [or guardians] of students
5532     enrolled at the school and may include other members.
5533          (b) The number of council members who are parents [or guardians] of students
5534     enrolled at the school shall exceed all other members combined by at least two.
5535          (3) A charter school governing board may serve as the charter trust land council that
5536     prepares a plan for the use of School LAND Trust Program money if the membership of the
5537     charter school governing board meets the requirements of Subsection (2)(b).
5538          (4) (a) Except as provided in Subsection (4)(b), council members who are parents [or
5539     guardians] of students enrolled at the school shall be elected in accordance with procedures
5540     established by the charter school governing board.
5541          (b) Subsection (4)(a) does not apply to a charter school governing board that serves as
5542     the charter trust land council that prepares a plan for the use of School LAND Trust Program
5543     money.
5544          (5) A parent [or guardian] of a student enrolled at the school shall serve as chair or
5545     co-chair of a charter trust land council that prepares a plan for the use of School LAND Trust

5546     Program money.
5547          Section 150. Section 53G-7-1206 is amended to read:
5548          53G-7-1206. School LAND Trust Program.
5549          (1) As used in this section:
5550          [(a) "Charter agreement" means an agreement made in accordance with Section
5551     53G-5-303 that authorizes the operation of a charter school.]
5552          [(b)] (a) "Charter school authorizer" means the same as that term is defined in Section
5553     53G-5-102.
5554          [(c)] (b) "Charter trust land council" means a council established by a charter school
5555     governing board under Section 53G-7-1205.
5556          [(d)] (c) "Council" means a school community council or a charter trust land council.
5557          [(e) "District school" means a public school under the control of a local school board
5558     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
5559     Boards.]
5560          [(f)] (d) "School community council" means a council established at a district school in
5561     accordance with Section 53G-7-1202.
5562          (2) There is established the School LAND (Learning And Nurturing Development)
5563     Trust Program under the [State Board of Education] state board to:
5564          (a) provide financial resources to public schools to enhance or improve student
5565     academic achievement and implement a component of a district school's school improvement
5566     plan or a charter school's charter agreement; and
5567          (b) involve parents [and guardians] of a school's students in decision making regarding
5568     the expenditure of School LAND Trust Program money allocated to the school.
5569          (3) To receive an allocation under Section 53F-2-404:
5570          (a) a district school shall have established a school community council in accordance
5571     with Section 53G-7-1202;
5572          (b) a charter school shall have established a charter trust land council in accordance
5573     with Section 53G-7-1205; and

5574          (c) the school's principal shall provide a signed, written assurance that the school is in
5575     compliance with Subsection (3)(a) or (b).
5576          (4) (a) A council shall create a program to use the school's allocation distributed under
5577     Section 53F-2-404 to implement a component of the school's improvement plan or charter
5578     agreement, including:
5579          (i) the school's identified most critical academic needs;
5580          (ii) a recommended course of action to meet the identified academic needs;
5581          (iii) a specific listing of any programs, practices, materials, or equipment that the
5582     school will need to implement a component of its school improvement plan to have a direct
5583     impact on the instruction of students and result in measurable increased student performance;
5584     and
5585          (iv) how the school intends to spend its allocation of funds under this section to
5586     enhance or improve academic excellence at the school.
5587          (b) (i) A council shall create and vote to adopt a plan for the use of School LAND
5588     Trust Program money in a meeting of the council at which a quorum is present.
5589          (ii) If a majority of the quorum votes to adopt a plan for the use of School LAND Trust
5590     Program money, the plan is adopted.
5591          (c) A council shall:
5592          (i) post a plan for the use of School LAND Trust Program money that is adopted in
5593     accordance with Subsection (4)(b) on the School LAND Trust Program website; and
5594          (ii) include with the plan a report noting the number of council members who voted for
5595     or against the approval of the plan and the number of council members who were absent for the
5596     vote.
5597          (d) (i) The local school board of a district school shall approve or disapprove a plan for
5598     the use of School LAND Trust Program money.
5599          (ii) If a local school board disapproves a plan for the use of School LAND Trust
5600     Program money:
5601          (A) the local school board shall provide a written explanation of why the plan was

5602     disapproved and request the school community council who submitted the plan to revise the
5603     plan; and
5604          (B) the school community council shall submit a revised plan in response to a local
5605     school board's request under Subsection (4)(d)(ii)(A).
5606          (iii) Once a plan has been approved by a local school board, a school community
5607     council may amend the plan, subject to a majority vote of the school community council and
5608     local school board approval.
5609          (e) A charter trust land council's plan for the use of School LAND Trust Program
5610     money is subject to approval by the:
5611          (i) charter school governing board; and
5612          (ii) charter school's charter school authorizer.
5613          (5) (a) A district school or charter school shall:
5614          (i) implement the program as approved;
5615          (ii) provide ongoing support for the council's program; and
5616          (iii) meet [State Board of Education] state board reporting requirements regarding
5617     financial and performance accountability of the program.
5618          (b) (i) A district school or charter school shall prepare and post an annual report of the
5619     program on the School LAND Trust Program website each fall.
5620          (ii) The report shall detail the use of program funds received by the school under this
5621     section and an assessment of the results obtained from the use of the funds.
5622          (iii) A summary of the report shall be provided to parents [or guardians] of students
5623     attending the school.
5624          (6) On or before October 1 of each year, a school district shall record the amount of the
5625     program funds distributed to each school under Section 53F-2-404 on the School LAND Trust
5626     Program website to assist schools in developing the annual report described in Subsection
5627     (5)(b).
5628          (7) The president or chair of a local school board or charter school governing board
5629     shall ensure that the members of the local school board or charter school governing board are

5630     provided with annual training on the requirements of this section.
5631          (8) (a) The School LAND Trust Program shall provide training to the entities described
5632     in Subsection (8)(b) on:
5633          (i) the School LAND Trust Program; and
5634          (ii) (A) a school community council; or
5635          (B) a charter trust land council.
5636          (b) The School LAND Trust Program shall provide the training to:
5637          (i) a local school board or a charter school governing board;
5638          (ii) a school district or a charter school; and
5639          (iii) a school community council.
5640          (9) The School LAND Trust Program shall annually review each school's compliance
5641     with applicable law, including rules adopted by the [State Board of Education] state board, by:
5642          (a) reading each School LAND Trust Program plan submitted; and
5643          (b) reviewing expenditures made from School LAND Trust Program money.
5644          (10) The state board shall designate a staff member who administers the School LAND
5645     Trust Program:
5646          (a) to serve as a member of the Land Trusts Protection and Advocacy Committee
5647     created under Section 53D-2-202; and
5648          (b) who may coordinate with the Land Trusts Protection and Advocacy Office director,
5649     appointed under Section 53D-2-203, to attend meetings or events within the School and
5650     Institutional Trust System, as defined in Section 53D-2-102, that relate to the School LAND
5651     Trust Program.
5652          Section 151. Section 53G-8-202 is amended to read:
5653          53G-8-202. Public school discipline policies -- Basis of the policies --
5654     Enforcement.
5655          (1) The Legislature recognizes that every student in the public schools should have the
5656     opportunity to learn in an environment which is safe, conducive to the learning process, and
5657     free from unnecessary disruption.

5658          (2) (a) To foster such an environment, each local school board or charter school
5659     governing board [of a charter school], with input from school employees, parents [and
5660     guardians] of students, students, and the community at large, shall adopt conduct and discipline
5661     policies for the public schools in accordance with Section 53G-8-211.
5662          (b) A district or charter school shall base its policies on the principle that every student
5663     is expected:
5664          (i) to follow accepted [rules] standards of conduct; and
5665          (ii) to show respect for other people and to obey persons in authority at the school.
5666          (c) (i) On or before September 1, 2015, the [State Board of Education] state board shall
5667     revise the conduct and discipline policy models for elementary and secondary public schools to
5668     include procedures for responding to reports received through the School Safety and Crisis
5669     Line under Subsection 53E-10-502(3).
5670          (ii) Each district or charter school shall use the models, where appropriate, in
5671     developing its conduct and discipline policies under this chapter.
5672          (d) The policies shall emphasize that certain behavior, most particularly behavior
5673     which disrupts, is unacceptable and may result in disciplinary action.
5674          (3) The local superintendent and designated employees of the district or charter school
5675     shall enforce the policies so that students demonstrating unacceptable behavior and their
5676     parents [or guardians] understand that such behavior will not be tolerated and will be dealt with
5677     in accordance with the district's conduct and discipline policies.
5678          Section 152. Section 53G-8-203 is amended to read:
5679          53G-8-203. Conduct and discipline policies and procedures.
5680          (1) The conduct and discipline policies required under Section 53G-8-202 shall
5681     include:
5682          (a) provisions governing student conduct, safety, and welfare;
5683          (b) standards and procedures for dealing with students who cause disruption in the
5684     classroom, on school grounds, on school vehicles, or in connection with school-related
5685     activities or events;

5686          (c) procedures for the development of remedial discipline plans for students who cause
5687     a disruption at any of the places referred to in Subsection (1)(b);
5688          (d) procedures for the use of reasonable and necessary physical restraint in dealing with
5689     students posing a danger to themselves or others, consistent with Section 53G-8-302;
5690          (e) standards and procedures for dealing with student conduct in locations other than
5691     those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
5692          (i) the school;
5693          (ii) school property;
5694          (iii) a person associated with the school; or
5695          (iv) property associated with a person described in Subsection (1)(e)(iii);
5696          (f) procedures for the imposition of disciplinary sanctions, including suspension and
5697     expulsion;
5698          (g) specific provisions, consistent with Section 53E-3-509, for preventing and
5699     responding to gang-related activities in the school, on school grounds, on school vehicles, or in
5700     connection with school-related activities or events;
5701          (h) standards and procedures for dealing with habitual disruptive or unsafe student
5702     behavior in accordance with the provisions of this part; and
5703          (i) procedures for responding to reports received through the School Safety and Crisis
5704     Line under Subsection 53E-10-502(3).
5705          (2) (a) Each local school board shall establish a policy on detaining students after
5706     regular school hours as a part of the district-wide discipline plan required under Section
5707     53G-8-202.
5708          (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
5709     students, grades kindergarten through [six] 6.
5710          (ii) The local school board shall receive input from teachers, school administrators, and
5711     parents [and guardians] of the affected students before adopting the policy.
5712          (c) The policy described in Subsection (2)(a) shall provide for:
5713          (i) notice to the parent [or guardian] of a student prior to holding the student after

5714     school on a particular day; and
5715          (ii) exceptions to the notice provision if detention is necessary for the student's health
5716     or safety.
5717          Section 153. Section 53G-8-204 is amended to read:
5718          53G-8-204. Suspension and expulsion procedures -- Notice to parents --
5719     Distribution of policies.
5720          (1) (a) Policies required under this part shall include written procedures for the
5721     suspension and expulsion of, or denial of admission to, a student, consistent with due process
5722     and other provisions of law.
5723          (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
5724     public schools to notify the custodial parent and, if requested in writing by a noncustodial
5725     parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
5726     student.
5727          (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
5728     disclose any information protected under a court order.
5729          (iii) The custodial parent is responsible for providing to the school a certified copy of
5730     the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
5731     board or the charter school governing board [of a charter school].
5732          (2) (a) Each local school board or charter school governing board [of a charter school]
5733     shall provide for the distribution of a copy of a school's discipline and conduct policy to each
5734     student upon enrollment in the school.
5735          (b) A copy of the policy shall be posted in a prominent location in each school.
5736          (c) Any significant change in a school's conduct and discipline policy shall be
5737     distributed to students in the school and posted in the school in a prominent location.
5738          Section 154. Section 53G-8-205 is amended to read:
5739          53G-8-205. Grounds for suspension or expulsion from a public school.
5740          (1) A student may be suspended or expelled from a public school for any of the
5741     following reasons:

5742          (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
5743     behavior, including the use of foul, profane, vulgar, or abusive language;
5744          (b) willful destruction or defacing of school property;
5745          (c) behavior or threatened behavior which poses an immediate and significant threat to
5746     the welfare, safety, or morals of other students or school personnel or to the operation of the
5747     school;
5748          (d) possession, control, or use of an alcoholic beverage as defined in Section
5749     32B-1-102;
5750          (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
5751     school or school property, to a person associated with the school, or property associated with
5752     that person, regardless of where it occurs; or
5753          (f) possession or use of pornographic material on school property.
5754          (2) (a) A student shall be suspended or expelled from a public school for any of the
5755     following reasons:
5756          (i) any serious violation affecting another student or a staff member, or any serious
5757     violation occurring in a school building, in or on school property, or in conjunction with any
5758     school activity, including:
5759          (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
5760     noxious or flammable material;
5761          (B) the actual or threatened use of a look alike weapon with intent to intimidate another
5762     person or to disrupt normal school activities; or
5763          (C) the sale, control, or distribution of a drug or controlled substance as defined in
5764     Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
5765     paraphernalia as defined in Section 58-37a-3; or
5766          (ii) the commission of an act involving the use of force or the threatened use of force
5767     which if committed by an adult would be a felony or class A misdemeanor.
5768          (b) A student who commits a violation of Subsection (2)(a) involving a real or look
5769     alike weapon, explosive, or flammable material shall be expelled from school for a period of

5770     not less than one year subject to the following:
5771          (i) within 45 days after the expulsion the student shall appear before the student's local
5772     school board superintendent, the superintendent's designee, chief administrative officer of a
5773     charter school, or the chief administrative officer's designee, accompanied by a parent [or legal
5774     guardian]; and
5775          (ii) the superintendent, chief administrator, or designee shall determine:
5776          (A) what conditions must be met by the student and the student's parent for the student
5777     to return to school;
5778          (B) if the student should be placed on probation in a regular or alternative school
5779     setting consistent with Section 53G-8-208, and what conditions must be met by the student in
5780     order to ensure the safety of students and faculty at the school the student is placed in; and
5781          (C) if it would be in the best interest of both the school district or charter school, and
5782     the student, to modify the expulsion term to less than a year, conditioned on approval by the
5783     local school board or charter school governing board [of a charter school] and giving highest
5784     priority to providing a safe school environment for all students.
5785          (3) A student may be denied admission to a public school on the basis of having been
5786     expelled from that or any other school during the preceding 12 months.
5787          (4) A suspension or expulsion under this section is not subject to the age limitations
5788     under Subsection 53G-6-204(1).
5789          (5) Each local school board and charter school governing board [of a charter school]
5790     shall prepare an annual report for the [State Board of Education] state board on:
5791          (a) each violation committed under this section; and
5792          (b) each action taken by the school district against a student who committed the
5793     violation.
5794          Section 155. Section 53G-8-206 is amended to read:
5795          53G-8-206. Delegation of authority to suspend or expel a student -- Procedure for
5796     suspension -- Readmission.
5797          (1) (a) A local school board [of education] may delegate to any school principal or

5798     assistant principal within the school district the power to suspend a student in the principal's
5799     school for up to 10 school days.
5800          (b) A charter school governing board [of a charter school] may delegate to the chief
5801     administrative officer of the charter school the power to suspend a student in the charter school
5802     for up to 10 school days.
5803          (2) The local school board or charter school governing board may suspend a student for
5804     up to one school year or delegate that power to the district superintendent, the superintendent's
5805     designee, or chief administrative officer of a charter school.
5806          (3) The local school board may expel a student for a fixed or indefinite period,
5807     provided that the expulsion shall be reviewed by the district superintendent or the
5808     superintendent's designee and the conclusions reported to the local school board, at least once
5809     each year.
5810          (4) If a student is suspended, a designated school official shall notify the parent [or
5811     guardian] of the student of the following without delay:
5812          (a) that the student has been suspended;
5813          (b) the grounds for the suspension;
5814          (c) the period of time for which the student is suspended; and
5815          (d) the time and place for the parent [or guardian] to meet with a designated school
5816     official to review the suspension.
5817          (5) (a) A suspended student shall immediately leave the school building and the school
5818     grounds following a determination by the school of the best way to transfer custody of the
5819     student to the parent [or guardian] or other person authorized by the parent or applicable law to
5820     accept custody of the student.
5821          (b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be
5822     readmitted to a public school until:
5823          (i) the student and the parent [or guardian] have met with a designated school official
5824     to review the suspension and agreed upon a plan to avoid recurrence of the problem; or
5825          (ii) in the discretion of the principal or chief administrative officer of a charter school,

5826     the parent [or guardian] of the suspended student and the student have agreed to participate in
5827     such a meeting.
5828          (c) A suspension may not extend beyond 10 school days unless the student and the
5829     student's parent [or guardian] have been given a reasonable opportunity to meet with a
5830     designated school official and respond to the allegations and proposed disciplinary action.
5831          Section 156. Section 53G-8-207 is amended to read:
5832          53G-8-207. Alternatives to suspension or expulsion.
5833          (1) Each local school board or charter school governing board [of a charter school]
5834     shall establish:
5835          (a) policies providing that prior to suspending or expelling a student for repeated acts
5836     of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
5837     violent or extreme nature that immediate removal is required, good faith efforts shall be made
5838     to implement a remedial discipline plan that would allow the student to remain in school; and
5839          (b) alternatives to suspension, including policies that allow a student to remain in
5840     school under an in-school suspension program or under a program allowing the parent [or
5841     guardian], with the consent of the student's teacher or teachers, to attend class with the student
5842     for a period of time specified by a designated school official.
5843          (2) If the parent [or guardian] does not agree or fails to attend class with the student,
5844     the student shall be suspended in accordance with the conduct and discipline policies of the
5845     district or the school.
5846          (3) The parent [or guardian] of a suspended student and the designated school official
5847     may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
5848     other appropriate state agencies, if necessary, in dealing with the student's suspension.
5849          (4) The state superintendent [of public instruction], in cooperation with school districts
5850     and charter schools, shall:
5851          (a) research methods of motivating and providing incentives to students that:
5852          (i) directly and regularly reward or recognize appropriate behavior;
5853          (ii) impose immediate and direct consequences on students who fail to comply with

5854     district or school standards of conduct; and
5855          (iii) keep the students in school, or otherwise continue student learning with
5856     appropriate supervision or accountability;
5857          (b) explore funding resources to implement methods of motivating and providing
5858     incentives to students that meet the criteria specified in Subsection (4)(a);
5859          (c) evaluate the benefits and costs of methods of motivating and providing incentives
5860     to students that meet the criteria specified in Subsection (4)(a);
5861          (d) publish a report that incorporates the research findings, provides model plans with
5862     suggested resource pools, and makes recommendations for local school boards and school
5863     personnel;
5864          (e) submit the report described in Subsection (4)(d) to the Education Interim
5865     Committee; and
5866          (f) maintain data for purposes of accountability, later reporting, and future analysis.
5867          Section 157. Section 53G-8-208 is amended to read:
5868          53G-8-208. Student suspended or expelled -- Responsibility of parent --
5869     Application for students with disabilities.
5870          (1) If a student is suspended or expelled from a public school under this part for more
5871     than 10 school days, the parent [or guardian] is responsible for undertaking an alternative
5872     education plan which will ensure that the student's education continues during the period of
5873     suspension or expulsion.
5874          (2) (a) The parent [or guardian] shall work with designated school officials to
5875     determine how that responsibility might best be met through private education, an alternative
5876     program offered by or through the district or charter school, or other alternative which will
5877     reasonably meet the educational needs of the student.
5878          (b) The parent [or guardian] and designated school official may enlist the cooperation
5879     of the Division of Child and Family Services, the juvenile court, or other appropriate state
5880     agencies to meet the student's educational needs.
5881          (3) Costs for educational services which are not provided by the school district or

5882     charter school are the responsibility of the student's parent [or guardian].
5883          (4) (a) Each school district or charter school shall maintain a record of all suspended or
5884     expelled students and a notation of the recorded suspension or expulsion shall be attached to
5885     the individual student's transcript.
5886          (b) The district or charter school shall contact the parent [or guardian] of each
5887     suspended or expelled student under the age of 16 at least once each month to determine the
5888     student's progress.
5889          (5) (a) This part applies to students with disabilities to the extent permissible under
5890     applicable law or regulation.
5891          (b) If application of any requirement of this part to a student with a disability is not
5892     permissible under applicable law or regulation, the responsible school authority shall
5893     implement other actions consistent with the conflicting law or regulation which shall most
5894     closely correspond to the requirements of this part.
5895          Section 158. Section 53G-8-209 is amended to read:
5896          53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
5897     violations -- Limitation of liability.
5898          (1) The Legislature recognizes that:
5899          (a) participation in student government and extracurricular activities may confer
5900     important educational and lifetime benefits upon students, and encourages school districts and
5901     charter schools to provide a variety of opportunities for all students to participate in such
5902     activities in meaningful ways;
5903          (b) there is no constitutional right to participate in these types of activities, and does
5904     not through this section or any other provision of law create such a right;
5905          (c) students who participate in student government and extracurricular activities,
5906     particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
5907     those activities, become role models for others in the school and community;
5908          (d) these individuals often play major roles in establishing standards of acceptable
5909     behavior in the school and community, and establishing and maintaining the reputation of the

5910     school and the level of community confidence and support afforded the school; and
5911          (e) it is of the utmost importance that those involved in student government, whether as
5912     officers or advisors, and those involved in competitive athletics and related activities, whether
5913     students or staff, comply with all applicable laws and [rules] standards of behavior and conduct
5914     themselves at all times in a manner befitting their positions and responsibilities.
5915          (2) (a) The [State Board of Education] state board may, and local [boards of education
5916     and governing boards of charter schools] school boards and charter school governing boards
5917     shall, adopt rules or policies implementing this section that apply to both students and staff.
5918          (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
5919     against the following types of conduct in accordance with Section 53G-8-211, while in the
5920     classroom, on school property, during school sponsored activities, or regardless of the location
5921     or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
5922     through (iv):
5923          (i) use of foul, abusive, or profane language while engaged in school related activities;
5924          (ii) illicit use, possession, or distribution of controlled substances or drug
5925     paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
5926     Section 76-10-101, tobacco, or alcoholic beverages contrary to law; and
5927          (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
5928     behavior involving physical violence, restraint, improper touching, or inappropriate exposure
5929     of body parts not normally exposed in public settings, forced ingestion of any substance, or any
5930     act which would constitute a crime against a person or public order under Utah law.
5931          (3) (a) School employees who reasonably believe that a violation of this section may
5932     have occurred shall immediately report that belief to the school principal, district
5933     superintendent, or chief administrative officer of a charter school.
5934          (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
5935     alleged incident, and actions taken in response, to the district superintendent or the
5936     superintendent's designee within 10 working days after receipt of the report.
5937          (c) Failure of a person holding a professional certificate to report as required under this

5938     Subsection (3) constitutes an unprofessional practice.
5939          (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
5940          Section 159. Section 53G-8-210 is amended to read:
5941          53G-8-210. Disruptive student behavior.
5942          (1) As used in this section:
5943          (a) "Disruptive student behavior" includes:
5944          (i) the grounds for suspension or expulsion described in Section 53G-8-205; and
5945          (ii) the conduct described in Subsection 53G-8-209(2)(b).
5946          (b) "Parent" includes:
5947          (i) a custodial parent of a school-age minor;
5948          (ii) a legally appointed guardian of a school-age minor; or
5949          (iii) any other person purporting to exercise any authority over the minor which could
5950     be exercised by a person described in Subsection (1)(b)(i) or (ii).
5951          (c) "Qualifying minor" means a school-age minor who:
5952          (i) is at least nine years old; or
5953          (ii) turns nine years old at any time during the school year.
5954          (d) "School year" means the period of time designated by a local school board or
5955     [local] charter school governing board as the school year for the school where the school-age
5956     minor is enrolled.
5957          (2) A local school board, school district, charter school governing board [of a charter
5958     school], or charter school may impose administrative penalties in accordance with Section
5959     53G-8-211 on a school-age minor who violates this part.
5960          (3) (a) A local school board or charter school governing board [of a charter school]
5961     shall:
5962          (i) authorize a school administrator or a designee of a school administrator to issue
5963     notices of disruptive student behavior to qualifying minors; and
5964          (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
5965     contest a notice of disruptive student behavior.

5966          (b) A school representative shall provide to a parent of a school-age minor, a list of
5967     resources available to assist the parent in resolving the school-age minor's disruptive student
5968     behavior problem.
5969          (c) A local school board or charter school governing board [of a charter school] shall
5970     establish procedures for a school counselor or other designated school representative to work
5971     with a qualifying minor who engages in disruptive student behavior in order to attempt to
5972     resolve the minor's disruptive student behavior problems.
5973          (4) The notice of disruptive student behavior described in Subsection (3)(a):
5974          (a) shall be issued to a qualifying minor who:
5975          (i) engages in disruptive student behavior, that does not result in suspension or
5976     expulsion, three times during the school year; or
5977          (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
5978     during the school year;
5979          (b) shall require that the qualifying minor and a parent of the qualifying minor:
5980          (i) meet with school authorities to discuss the qualifying minor's disruptive student
5981     behavior; and
5982          (ii) cooperate with the local school board or charter school governing board [of a
5983     charter school] in correcting the school-age minor's disruptive student behavior; and
5984          (c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
5985          (5) A habitual disruptive student behavior notice:
5986          (a) may only be issued to a qualifying minor who:
5987          (i) engages in disruptive student behavior, that does not result in suspension or
5988     expulsion, at least six times during the school year;
5989          (ii) (A) engages in disruptive student behavior, that does not result in suspension or
5990     expulsion, at least three times during the school year; and
5991          (B) engages in disruptive student behavior, that results in suspension or expulsion, at
5992     least once during the school year; or
5993          (iii) engages in disruptive student behavior, that results in suspension or expulsion, at

5994     least twice during the school year; and
5995          (b) may only be issued by a school administrator, a designee of a school administrator,
5996     or a truancy specialist, who is authorized by a local school board or charter school governing
5997     board [of a local charter school] to issue a habitual disruptive student behavior notice.
5998          (6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
5999     issued under Subsection (5) may not be referred to the juvenile court.
6000          (b) Within five days after the day on which a habitual disruptive student behavior
6001     notice is issued, a representative of the school district or charter school shall provide
6002     documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
6003     by a school counselor or representative under Subsection (3)(c).
6004          Section 160. Section 53G-8-211 is amended to read:
6005          53G-8-211. Responses to school-based behavior.
6006          (1) As used in this section:
6007          (a) "Evidence-based" means a program or practice that has:
6008          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
6009     program or practice is effective for a specific population;
6010          (ii) been rated as effective by a standardized program evaluation tool; or
6011          (iii) been approved by the [State Board of Education] state board.
6012          (b) "Mobile crisis outreach team" means the same as that term is defined in Section
6013     78A-6-105.
6014          (c) "Restorative justice program" means a school-based program or a program used or
6015     adopted by a local education agency that is designed to enhance school safety, reduce school
6016     suspensions, and limit referrals to court, and is designed to help minors take responsibility for
6017     and repair the harm of behavior that occurs in school.
6018          (d) "School administrator" means a principal of a school.
6019          (e) "School is in session" means a day during which the school conducts instruction for
6020     which student attendance is counted toward calculating average daily membership.
6021          (f) "School resource officer" means a law enforcement officer, as defined in Section

6022     53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
6023     with a local education agency to provide law enforcement services for the local education
6024     agency.
6025          (g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
6026     clinic, or other event or activity that is authorized by a specific local education agency or public
6027     school, according to [local] LEA governing board policy, and satisfies at least one of the
6028     following conditions:
6029          (A) the activity is managed or supervised by a local education agency or public school,
6030     or local education agency or public school employee;
6031          (B) the activity uses the local education agency or public school's facilities, equipment,
6032     or other school resources; or
6033          (C) the activity is supported or subsidized, more than inconsequentially, by public
6034     funds, including the public school's activity funds or [minimum school program] Minimum
6035     School Program dollars.
6036          (ii) "School-sponsored activity" includes preparation for and involvement in a public
6037     performance, contest, athletic competition, demonstration, display, or club activity.
6038          (h) (i) "Status offense" means a violation of the law that would not be a violation but
6039     for the age of the offender.
6040          (ii) Notwithstanding Subsection (1)(h)(i), a status offense does not include a violation
6041     that by statute is made a misdemeanor or felony.
6042          (2) This section applies to a minor enrolled in school who is alleged to have committed
6043     an offense at the school where the student is enrolled:
6044          (a) on school property where the student is enrolled:
6045          (i) when school is in session; or
6046          (ii) during a school-sponsored activity; or
6047          (b) that is truancy.
6048          (3) (a) If the alleged offense is a class C misdemeanor, an infraction, a status offense
6049     on school property, or truancy, the minor may not be referred to law enforcement or court but

6050     may be referred to evidence-based alternative interventions, including:
6051          (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
6052          (ii) a receiving center operated by the Division of Juvenile Justice Services in
6053     accordance with Section 62A-7-104;
6054          (iii) a youth court or comparable restorative justice program;
6055          (iv) evidence-based interventions created and developed by the school or school
6056     district; and
6057          (v) other evidence-based interventions that may be jointly created and developed by a
6058     local education agency, the [State Board of Education] state board, the juvenile court, local
6059     counties and municipalities, the Department of Health, or the Department of Human Services.
6060          (b) Notwithstanding Subsection (3)(a), a school resource officer may:
6061          (i) investigate possible criminal offenses and conduct, including conducting probable
6062     cause searches;
6063          (ii) consult with school administration about the conduct of a minor enrolled in a
6064     school;
6065          (iii) transport a minor enrolled in a school to a location if the location is permitted by
6066     law;
6067          (iv) take temporary custody of a minor pursuant to Subsection 78A-6-112(1); or
6068          (v) protect the safety of students and the school community, including the use of
6069     reasonable and necessary physical force when appropriate based on the totality of the
6070     circumstances.
6071          (c) Notwithstanding other provisions of this section, a law enforcement officer who has
6072     cause to believe a minor has committed an offense on school property when school is not in
6073     session nor during a school-sponsored activity, the law enforcement officer may refer the minor
6074     to court or may refer the minor to evidence-based alternative interventions at the discretion of
6075     the law enforcement officer.
6076          (4) (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this
6077     Subsection (4), a school district or school may refer a minor to court for a class C misdemeanor

6078     committed on school property or for being a habitual truant, as defined in Section 53G-6-201,
6079     if the minor refuses to participate in an evidence-based alternative intervention described in
6080     Subsection (3)(a).
6081          (b) (i) When a minor is referred to court under Subsection (4)(a), the school shall
6082     appoint a school representative to continue to engage with the minor and the minor's family
6083     through the court process.
6084          (ii) A school representative appointed under this Subsection (4)(b) may not be a school
6085     resource officer.
6086          (c) A school district or school shall include the following in its referral to the court:
6087          (i) attendance records for the minor;
6088          (ii) a report of evidence-based alternative interventions used by the school before
6089     referral, including outcomes;
6090          (iii) the name and contact information of the school representative assigned to actively
6091     participate in the court process with the minor and the minor's family; and
6092          (iv) any other information the school district or school considers relevant.
6093          (d) A minor referred to court under this Subsection (4), may not be ordered to or placed
6094     in secure detention, including for a contempt charge or violation of a valid court order under
6095     Section 78A-6-1101 when the underlying offense is a class C misdemeanor occurring on
6096     school property or habitual truancy.
6097          (e) If a minor is referred to court under this Subsection (4), the court may use, when
6098     available, the resources of the Division of Juvenile Justice Services or the Division of
6099     Substance Abuse and Mental Health to address the minor.
6100          (5) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
6101     minor may be referred directly to the juvenile court by the school administrator, the school
6102     administrator's designee, or a school resource officer, or the minor may be referred to the
6103     evidence-based alternative interventions in Subsection (3)(a).
6104          Section 161. Section 53G-8-212 is amended to read:
6105          53G-8-212. Defacing or damaging school property -- Student's liability -- Work

6106     program alternative.
6107          (1) A student who willfully defaces or otherwise damages any school property may be
6108     suspended or otherwise disciplined.
6109          (2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
6110     damaged, the school may withhold the issuance of an official written grade report, diploma, or
6111     transcript of the student responsible for the damage or loss until the student or the student's
6112     parent [or guardian] has paid for the damages.
6113          (b) The student's parent [or guardian] is liable for damages as otherwise provided in
6114     Section 78A-6-1113.
6115          (3) (a) If the student and the student's parent [or guardian] are unable to pay for the
6116     damages or if it is determined by the school in consultation with the student's parent [or
6117     guardian] that the student's interests would not be served if the parent [or guardian] were to pay
6118     for the damages, the school shall provide for a program of work the student may complete in
6119     lieu of the payment.
6120          (b) The school shall release the official grades, diploma, and transcripts of the student
6121     upon completion of the work.
6122          (4) Before any penalties are assessed under this section, the school shall adopt
6123     procedures to ensure that the student's right to due process is protected.
6124          (5) No penalty may be assessed for damages which may be reasonably attributed to
6125     normal wear and tear.
6126          (6) If the Department of Human Services or a licensed child-placing agency has been
6127     granted custody of the student, the student's records, if requested by the department or agency,
6128     may not be withheld from the department or agency for nonpayment of damages under this
6129     section.
6130          Section 162. Section 53G-8-302 is amended to read:
6131          53G-8-302. Prohibition of corporal punishment -- Use of reasonable and
6132     necessary physical restraint.
6133          (1) A school employee may not inflict or cause the infliction of corporal punishment

6134     upon a student.
6135          (2) A school employee may use reasonable and necessary physical restraint in self
6136     defense or when otherwise appropriate to the circumstances to:
6137          (a) obtain possession of a weapon or other dangerous object in the possession or under
6138     the control of a student;
6139          (b) protect a student or another individual from physical injury;
6140          (c) remove from a situation a student who is violent; or
6141          (d) protect property from being damaged, when physical safety is at risk.
6142          (3) Nothing in this section prohibits a school employee from using less intrusive
6143     means, including a physical escort, to address circumstances described in Subsection (2).
6144          (4) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or
6145     permit the commission of an act prohibited by this part is void and unenforceable.
6146          (b) An employee may not be subjected to any sanction for failure or refusal to commit
6147     an act prohibited under this part.
6148          (5) A parochial or private school that does not receive state funds to provide for the
6149     education of a student may exempt itself from the provisions of this section by adopting a
6150     policy to that effect and notifying the parents [or guardians] of students in the school of the
6151     exemption.
6152          (6) This section does not apply to a law enforcement officer as defined in Section
6153     53-13-103.
6154          Section 163. Section 53G-8-404 is amended to read:
6155          53G-8-404. State board to set procedures.
6156          The [State Board of Education] state board shall make rules governing the
6157     dissemination of the information.
6158          Section 164. Section 53G-8-503 is amended to read:
6159          53G-8-503. Reporting procedure.
6160          (1) The principal of a public school affected by this chapter shall appoint one educator
6161     as the "designated educator" to make all reports required under Sections 53G-8-501 through

6162     53G-8-504.
6163          (2) The designated educator, upon receiving a report of a prohibited act from an
6164     educator under Section 53G-8-502, shall immediately report the violation to the student's
6165     parent [or legal guardian], and may report the violation to an appropriate law enforcement
6166     agency or official, in accordance with Section 53G-8-211.
6167          (3) The designated educator may not disclose to the student or to the student's parent
6168     [or legal guardian] the identity of the educator who made the initial report.
6169          Section 165. Section 53G-8-509 is amended to read:
6170          53G-8-509. State board rules to ensure protection of individual rights.
6171          The [State Board of Education and local boards of education] state board and LEA
6172     governing boards shall adopt rules or policies to implement Sections 53G-8-505 through
6173     53G-8-508. The rules or policies shall establish procedures to ensure protection of individual
6174     rights against excessive and unreasonable intrusion.
6175          Section 166. Section 53G-8-604 is amended to read:
6176          53G-8-604. Traffic ordinances on school property -- Enforcement.
6177          (1) A local political subdivision in which real property is located that belongs to, or is
6178     controlled by, the [State Board of Education, a local board of education] state board, an LEA
6179     governing board, an area vocational center, or the Utah Schools for the Deaf and the Blind
6180     may, at the request of the responsible board of education or institutional council, adopt
6181     ordinances for the control of vehicular traffic on that property.
6182          (2) A law enforcement officer whose jurisdiction includes the property in question may
6183     enforce an ordinance adopted under Subsection (1).
6184          Section 167. Section 53G-8-701 is amended to read:
6185          53G-8-701. Definitions.
6186          As used in this [section] part:
6187          [(1) "Governing authority" means:]
6188          [(a) for a school district, the local school board;]
6189          [(b) for a charter school, the governing board; or]

6190          [(c) for the Utah Schools for the Deaf and the Blind, the State Board of Education.]
6191          [(2)] (1) "Law enforcement agency" means the same as that term is defined in Section
6192     53-1-102.
6193          [(3) "Local education agency" or "LEA" means:]
6194          [(a) a school district;]
6195          [(b) a charter school; or]
6196          [(c) the Utah Schools for the Deaf and the Blind.]
6197          [(4)] (2) "School resource officer" or "SRO" means a law enforcement officer, as
6198     defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
6199     with an LEA to provide law enforcement services for the LEA.
6200          Section 168. Section 53G-8-702 is amended to read:
6201          53G-8-702. School resource officer training -- Curriculum.
6202          (1) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6203     the State Board of Education] The state board shall make rules that prepare and make available
6204     a training program for school principals and school resource officers to attend.
6205          (2) To create the curriculum and materials for the training program described in
6206     Subsection (1), the [State Board of Education] state board shall:
6207          (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
6208     created in Section 63M-7-201;
6209          (b) solicit input from local school boards, charter school governing boards, and the
6210     Utah Schools for the Deaf and the Blind;
6211          (c) solicit input from local law enforcement and other interested community
6212     stakeholders; and
6213          (d) consider the current United States Department of Education recommendations on
6214     school discipline and the role of a school resource officer.
6215          (3) The training program described in Subsection (1) may include training on the
6216     following:
6217          (a) childhood and adolescent development;

6218          (b) responding age-appropriately to students;
6219          (c) working with disabled students;
6220          (d) techniques to de-escalate and resolve conflict;
6221          (e) cultural awareness;
6222          (f) restorative justice practices;
6223          (g) identifying a student exposed to violence or trauma and referring the student to
6224     appropriate resources;
6225          (h) student privacy rights;
6226          (i) negative consequences associated with youth involvement in the juvenile and
6227     criminal justice systems;
6228          (j) strategies to reduce juvenile justice involvement; and
6229          (k) roles of and distinctions between a school resource officer and other school staff
6230     who help keep a school secure.
6231          Section 169. Section 53G-8-703 is amended to read:
6232          53G-8-703. Contracts between an LEA and law enforcement for school resource
6233     officer services -- Requirements.
6234          (1) An LEA may contract with a law enforcement agency or an individual to provide
6235     school resource officer services at the LEA if the [LEA's governing authority] LEA governing
6236     board reviews and approves the contract.
6237          (2) If an LEA contracts with a law enforcement agency or an individual to provide
6238     SRO services at the LEA, the [LEA's governing authority] LEA governing board shall require
6239     in the contract:
6240          (a) an acknowledgment by the law enforcement agency or the individual that an SRO
6241     hired under the contract shall:
6242          (i) provide for and maintain a safe, healthy, and productive learning environment in a
6243     school;
6244          (ii) act as a positive role model to students;
6245          (iii) work to create a cooperative, proactive, and problem-solving partnership between

6246     law enforcement and the LEA;
6247          (iv) emphasize the use of restorative approaches to address negative behavior; and
6248          (v) at the request of the LEA, teach a vocational law enforcement class;
6249          (b) a description of the shared understanding of the LEA and the law enforcement
6250     agency or individual regarding the roles and responsibilities of law enforcement and the LEA
6251     to:
6252          (i) maintain safe schools;
6253          (ii) improve school climate; and
6254          (iii) support educational opportunities for students;
6255          (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
6256     including an offense that:
6257          (i) is a minor violation of the law; and
6258          (ii) would not violate the law if the offense was committed by an adult;
6259          (d) a designation of student offenses that are administrative issues that an SRO shall
6260     refer to a school administrator for resolution in accordance with Section 53G-8-211;
6261          (e) a detailed description of the rights of a student under state and federal law with
6262     regard to:
6263          (i) searches;
6264          (ii) questioning; and
6265          (iii) information privacy;
6266          (f) a detailed description of:
6267          (i) job duties;
6268          (ii) training requirements; and
6269          (iii) other expectations of the SRO and school administration in relation to law
6270     enforcement at the LEA;
6271          (g) that an SRO who is hired under the contract and the principal at the school where
6272     an SRO will be working, or the principal's designee, will jointly complete the SRO training
6273     described in Section 53G-8-702; and

6274          (h) if the contract is between an LEA and a law enforcement agency, that:
6275          (i) both parties agree to jointly discuss SRO applicants; and
6276          (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
6277     performance.
6278          Section 170. Section 53G-9-203 is amended to read:
6279          53G-9-203. Definitions -- School personnel -- Medical recommendations --
6280     Exceptions -- Penalties.
6281          (1) As used in this section:
6282          (a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
6283     mental health therapist.
6284          (b) "School personnel" means a school district or charter school employee, including a
6285     licensed, part-time, contract, or nonlicensed employee.
6286          (2) School personnel may:
6287          (a) provide information and observations to a student's parent [or guardian] about that
6288     student, including observations and concerns in the following areas:
6289          (i) progress;
6290          (ii) health and wellness;
6291          (iii) social interactions;
6292          (iv) behavior; or
6293          (v) topics consistent with Subsection 53E-9-203(6);
6294          (b) communicate information and observations between school personnel regarding a
6295     child;
6296          (c) refer students to other appropriate school personnel and agents, consistent with
6297     local school board or charter school policy, including referrals and communication with a
6298     school counselor or other mental health professionals working within the school system;
6299          (d) consult or use appropriate health care professionals in the event of an emergency
6300     while the student is at school, consistent with the student emergency information provided at
6301     student enrollment;

6302          (e) exercise their authority relating to the placement within the school or readmission
6303     of a child who may be or has been suspended or expelled for a violation of Section 53G-8-205;
6304     and
6305          (f) complete a behavioral health evaluation form if requested by a student's parent [or
6306     guardian] to provide information to a licensed physician.
6307          (3) School personnel shall:
6308          (a) report suspected child abuse consistent with Section 62A-4a-403;
6309          (b) comply with applicable state and local health department laws, rules, and policies;
6310     and
6311          (c) conduct evaluations and assessments consistent with the Individuals with
6312     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
6313          (4) Except as provided in Subsection (2), Subsection (6), and Section 53G-9-604,
6314     school personnel may not:
6315          (a) recommend to a parent [or guardian] that a child take or continue to take a
6316     psychotropic medication;
6317          (b) require that a student take or continue to take a psychotropic medication as a
6318     condition for attending school;
6319          (c) recommend that a parent [or guardian] seek or use a type of psychiatric or
6320     psychological treatment for a child;
6321          (d) conduct a psychiatric or behavioral health evaluation or mental health screening,
6322     test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
6323     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
6324     amendments; or
6325          (e) make a child abuse or neglect report to authorities, including the Division of Child
6326     and Family Services, solely or primarily on the basis that a parent [or guardian] refuses to
6327     consent to:
6328          (i) a psychiatric, psychological, or behavioral treatment for a child, including the
6329     administration of a psychotropic medication to a child; or

6330          (ii) a psychiatric or behavioral health evaluation of a child.
6331          (5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
6332     otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
6333     Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
6334     others.
6335          (6) Notwithstanding Subsection (4), a school counselor or other mental health
6336     professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
6337     Practice Act, or licensed through the [State Board of Education] state board, working within
6338     the school system may:
6339          (a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
6340          (b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
6341     a child;
6342          (c) conduct a psychiatric or behavioral health evaluation or mental health screening,
6343     test, evaluation, or assessment of a child in accordance with Section 53E-9-203; and
6344          (d) provide to a parent [or guardian], upon the specific request of the parent [or
6345     guardian], a list of three or more health care professionals or providers, including licensed
6346     physicians, psychologists, or other health specialists.
6347          (7) Local school boards or charter schools shall adopt a policy:
6348          (a) providing for training of appropriate school personnel on the provisions of this
6349     section; and
6350          (b) indicating that an intentional violation of this section is cause for disciplinary action
6351     consistent with local school board or charter school policy and under Section 53G-11-513.
6352          (8) Nothing in this section shall be interpreted as discouraging general communication
6353     not prohibited by this section between school personnel and a student's parent [or guardian].
6354          Section 171. Section 53G-9-205 is amended to read:
6355          53G-9-205. School Breakfast Program -- Review of nonparticipants.
6356          (1) (a) Each local school board shall, at least once every three years, review each
6357     elementary school in its district that does not participate in the School Breakfast Program as to

6358     the school's reasons for nonparticipation.
6359          (b) (i) If the local school board determines that there are valid reasons for the school's
6360     nonparticipation, no further action is needed.
6361          (ii) Reasons for nonparticipation may include a recommendation from the school
6362     community council authorized under Section 53G-7-1202 or a similar group of parents and
6363     school employees that the school should not participate in the program.
6364          (2) (a) After two nonparticipation reviews, a local school board may, by majority vote,
6365     waive any further reviews of the nonparticipatory school.
6366          (b) A waiver of the review process under Subsection (2)(a) does not prohibit
6367     subsequent consideration by the local school board of an individual school's nonparticipation in
6368     the School Breakfast Program.
6369          (3) The requirements of this section shall be nullified by the termination of the
6370     entitlement status of the School Breakfast Program by the federal government.
6371          Section 172. Section 53G-9-206 is amended to read:
6372          53G-9-206. Eye protective devices for industrial education, physics laboratory,
6373     and chemistry laboratory activities.
6374          (1) Any individual who participates in any of the following activities in public or
6375     private schools that may endanger his vision shall wear quality eye protective devices:
6376          (a) industrial education activities that involve:
6377          (i) hot molten metals;
6378          (ii) the operation of equipment that could throw particles of foreign matter into the
6379     eyes;
6380          (iii) heat treating, tempering, or kiln firing of any industrial materials;
6381          (iv) gas or electric arc welding; or
6382          (v) caustic or explosive material;
6383          (b) chemistry or physics laboratories when using caustic or explosive chemicals, and
6384     hot liquids and solids.
6385          (2) "Quality eye protective devices" means devices that meet the standards of the

6386     American Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by
6387     the American Standards Association, Inc.
6388          (3) (a) The local school board shall furnish these protective devices to individuals
6389     involved in these activities.
6390          (b) The local school board may sell these protective devices at cost or rent or loan them
6391     to individuals involved in these activities.
6392          Section 173. Section 53G-9-207 is amended to read:
6393          53G-9-207. Child sexual abuse prevention.
6394          (1) As used in this section, "school personnel" means the same as that term is defined
6395     in Section 53G-9-203.
6396          (2) The [State Board of Education] state board shall approve, in partnership with the
6397     Department of Human Services, age-appropriate instructional materials for the training and
6398     instruction described in Subsections (3)(a) and (4).
6399          (3) (a) A school district or charter school shall provide, every other year, training and
6400     instruction on child sexual abuse prevention and awareness to:
6401          (i) school personnel in elementary and secondary schools on:
6402          (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
6403     manner; and
6404          (B) the mandatory reporting requirements described in Sections 53E-6-701 and
6405     62A-4a-403; and
6406          (ii) parents [or guardians] of elementary school students on:
6407          (A) recognizing warning signs of a child who is being sexually abused; and
6408          (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
6409     with a child.
6410          (b) A school district or charter school shall use the instructional materials approved by
6411     the [State Board of Education] state board under Subsection (2) to provide the training and
6412     instruction to school personnel and parents [or guardians] under Subsection (3)(a).
6413          (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school

6414     may provide instruction on child sexual abuse prevention and awareness to elementary school
6415     students using age-appropriate curriculum.
6416          (b) A school district or charter school that provides the instruction described in
6417     Subsection (4)(a) shall use the instructional materials approved by the state board under
6418     Subsection (2) to provide the instruction.
6419          (5) (a) An elementary school student may not be given the instruction described in
6420     Subsection (4) unless the parent [or guardian] of the student is:
6421          (i) notified in advance of the:
6422          (A) instruction and the content of the instruction; and
6423          (B) [parent or guardian's] parent's right to have the student excused from the
6424     instruction;
6425          (ii) given an opportunity to review the instructional materials before the instruction
6426     occurs; and
6427          (iii) allowed to be present when the instruction is delivered.
6428          (b) Upon the written request of the parent [or guardian] of an elementary school
6429     student, the student shall be excused from the instruction described in Subsection (4).
6430          (c) Participation of a student requires compliance with Sections 53E-9-202 and
6431     53E-9-203.
6432          (6) A school district or charter school may determine the mode of delivery for the
6433     training and instruction described in Subsections (3) and (4).
6434          (7) Upon request of the [State Board of Education] state board, a school district or
6435     charter school shall provide evidence of compliance with this section.
6436          Section 174. Section 53G-9-208 is amended to read:
6437          53G-9-208. Sunscreen -- Possession -- Administration -- Immunity.
6438          (1) As used in this section, "sunscreen" means a compound topically applied to prevent
6439     sunburn.
6440          (2) A public school shall permit a student, without a parent or physician's
6441     authorization, to possess or self-apply sunscreen that is regulated by the Food and Drug

6442     Administration.
6443          (3) If a student is unable to self-apply sunscreen, a volunteer school employee may
6444     apply the sunscreen on the student if the student's parent [or legal guardian] provides written
6445     consent for the assistance.
6446          (4) A volunteer school employee who applies sunscreen on a student in compliance
6447     with Subsection (3) and the volunteer school employee's employer are not liable for:
6448          (a) an adverse reaction suffered by the student as a result of having the sunscreen
6449     applied; or
6450          (b) discontinuing the application of the sunscreen at any time.
6451          Section 175. Section 53G-9-301 is amended to read:
6452          53G-9-301. Definitions.
6453          As used in this part:
6454          (1) "Department" means the Department of Health, created in Section 26-1-4.
6455          (2) "Health official" means an individual designated by a local health department from
6456     within the local health department to consult and counsel parents and licensed health care
6457     providers, in accordance with Subsection 53G-9-304(2)(a).
6458          (3) "Health official designee" means a licensed health care provider designated by a
6459     local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
6460     parents, licensed health care professionals, and school officials.
6461          (4) "Immunization" or "immunize" means a process through which an individual
6462     develops an immunity to a disease, through vaccination or natural exposure to the disease.
6463          (5) "Immunization record" means a record relating to a student that includes:
6464          (a) information regarding each required vaccination that the student has received,
6465     including the date each vaccine was administered, verified by:
6466          (i) a licensed health care provider;
6467          (ii) an authorized representative of a local health department;
6468          (iii) an authorized representative of the department;
6469          (iv) a registered nurse; or

6470          (v) a pharmacist;
6471          (b) information regarding each disease against which the student has been immunized
6472     by previously contracting the disease; and
6473          (c) an exemption form identifying each required vaccination from which the student is
6474     exempt, including all required supporting documentation described in Section 53G-9-303.
6475          (6) "Legally responsible individual" means:
6476          (a) a student's parent;
6477          (b) the student's legal guardian;
6478          (c) an adult brother or sister of a student who has no legal guardian; or
6479          (d) the student, if the student:
6480          (i) is an adult; or
6481          (ii) is a minor who may consent to treatment under Section 26-10-9.
6482          (7) "Licensed health care provider" means a health care provider who is licensed under
6483     Title 58, Occupations and Professions, as:
6484          (a) a medical doctor;
6485          (b) an osteopathic doctor;
6486          (c) a physician assistant; or
6487          (d) an advanced practice registered nurse.
6488          [(8) "Local education agency" or "LEA" means:]
6489          [(a) a school district;]
6490          [(b) a charter school; or]
6491          [(c) the Utah Schools for the Deaf and the Blind.]
6492          [(9)] (8) "Local health department" means the same as that term is defined in Section
6493     26A-1-102.
6494          [(10)] (9) "Required vaccines" means vaccines required by department rule described
6495     in Section 53G-9-305.
6496          [(11)] (10) "School" means any public or private:
6497          (a) elementary or secondary school through grade 12;

6498          (b) preschool;
6499          (c) child care program, as that term is defined in Section 26-39-102;
6500          (d) nursery school; or
6501          (e) kindergarten.
6502          [(12)] (11) "Student" means an individual who attends a school.
6503          [(13)] (12) "Vaccinating" or "vaccination" means the administration of a vaccine.
6504          [(14)] (13) "Vaccination exemption form" means a form, described in Section
6505     53G-9-304, that documents and verifies that a student is exempt from the requirement to
6506     receive one or more required vaccines.
6507          [(15)] (14) "Vaccine" means the substance licensed for use by the United States Food
6508     and Drug Administration that is injected into or otherwise administered to an individual to
6509     immunize the individual against a communicable disease.
6510          Section 176. Section 53G-9-402 is amended to read:
6511          53G-9-402. Rules for examinations prescribed by Department of Health --
6512     Notification of impairment.
6513          (1) (a) Each local school board shall implement [rules] policies as prescribed by the
6514     Department of Health for vision, dental, abnormal spinal curvature, and hearing examinations
6515     of students attending the district's schools.
6516          (b) Under guidelines of the Department of Health, qualified health professionals shall
6517     provide instructions, equipment, and materials for conducting the examinations.
6518          (c) The [rules] policies shall include exemption provisions for students whose parents
6519     [or guardians] contend the examinations violate their personal beliefs.
6520          (2) The school shall notify, in writing, a student's parent [or guardian] of any
6521     impairment disclosed by the examinations.
6522          Section 177. Section 53G-9-404 is amended to read:
6523          53G-9-404. Vision screening.
6524          (1) As used in this section:
6525          (a) "Office" means the Utah State Office of Rehabilitation created in Section

6526     35A-1-202.
6527          (b) "Qualifying child" means a child who is at least 3-1/2 years old, but is less than
6528     nine years old.
6529          (2) A child under nine years old entering school for the first time in this state must
6530     present the following to the school:
6531          (a) a certificate signed by a licensed physician, optometrist, or other licensed health
6532     professional approved by the office, stating that the child has received vision screening to
6533     determine the presence of amblyopia or other visual defects; or
6534          (b) a written statement signed by at least one parent [or legal guardian] of the child that
6535     the screening violates the personal beliefs of the parent [or legal guardian].
6536          (3) (a) The office:
6537          (i) shall provide vision screening report forms to a person approved by the office to
6538     conduct a free vision screening for a qualifying child;
6539          (ii) may work with health care professionals, teachers, and vision screeners to develop
6540     protocols that may be used by a parent, teacher, or vision screener to help identify a child who
6541     may have conditions that are not detected in a vision screening, such as problems with eye
6542     focusing, eye tracking, visual perceptual skills, visual motor integration, and convergence
6543     insufficiency; and
6544          (iii) shall, once protocols are established under Subsection (3)(a)(ii), develop language
6545     regarding the vision problems identified in Subsection (3)(a)(ii) to be included in the notice
6546     required by Subsection (3)(b).
6547          (b) The report forms shall include the following information for a parent [or guardian]:
6548     "vision screening is not a substitute for a complete eye exam and vision evaluation by an eye
6549     doctor."
6550          (4) A school district or charter school may conduct free vision screening clinics for a
6551     qualifying child.
6552          (5) (a) The office shall maintain a central register of qualifying children who fail vision
6553     screening and who are referred for follow-up treatment.

6554          (b) The register described in Subsection (5)(a) shall include the name of the child, age
6555     or birthdate, address, cause for referral, and follow-up results.
6556          (c) A school district or charter school shall report to the office referral follow-up results
6557     for a qualifying child.
6558          (6) (a) A school district or charter school shall ensure that a volunteer who serves as a
6559     vision screener for a free vision screening clinic for a qualifying child:
6560          (i) is a school nurse;
6561          (ii) holds a certificate issued by the office under Subsection (6)(b)(ii); or
6562          (iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
6563          (b) The office shall:
6564          (i) provide vision screening training to a volunteer seeking a certificate described in
6565     Subsection (6)(b)(ii), using curriculum established by the office; and
6566          (ii) issue a certificate to a volunteer who successfully completes the vision screening
6567     training described in Subsection (6)(b)(i).
6568          (c) An individual described in Subsection (6)(a) is not liable for damages that result
6569     from acts or omissions related to the vision screening, unless the acts or omissions are willful
6570     or grossly negligent.
6571          (7) (a) Except as provided in Subsection (7)(b), a licensed health professional
6572     providing vision care to private patients may not participate as a screener in a free vision
6573     screening program provided by a school district.
6574          (b) A school district or charter school may:
6575          (i) allow a licensed health professional who provides vision care to private patients to
6576     participate as a screener in a free vision screening program for a child 3-1/2 years old or older;
6577          (ii) establish guidelines to administer a free vision screening program described in
6578     Subsection (7)(b)(i); and
6579          (iii) establish penalties for a violation of the requirements of Subsection (7)(c).
6580          (c) A licensed health professional or other person who participates as a screener in a
6581     free vision screening program described in Subsection (7)(b):

6582          (i) may not market, advertise, or promote the licensed health professional's business in
6583     connection with providing the free screening at the school; and
6584          (ii) shall provide the child's results of the free vision screening on a form produced by
6585     the school or school district, which:
6586          (A) may not include contact information other than the name of the licensed health
6587     professional; and
6588          (B) shall include a statement: "vision screening is not a substitute for a complete eye
6589     exam and vision evaluation by an eye doctor."
6590          (d) A school district or charter school may provide information to a parent [or
6591     guardian] of the availability of follow up vision services for a student.
6592          (8) The Department of Health shall:
6593          (a) by rule, set standards and procedures for vision screening required by this part,
6594     which shall include a process for notifying the parent [or guardian] of a child who fails a vision
6595     screening or is identified as needing follow-up care; and
6596          (b) provide the office with copies of rules, standards, instructions, and test charts
6597     necessary for conducting vision screening.
6598          (9) The office shall supervise screening, referral, and follow-up required by this part.
6599          Section 178. Section 53G-9-502 is amended to read:
6600          53G-9-502. Administration of medication to students -- Prerequisites -- Immunity
6601     from liability -- Applicability.
6602          (1) A public or private school that holds any classes in grades kindergarten through 12
6603     may provide for the administration of medication to any student during periods when the
6604     student is under the control of the school, subject to the following conditions:
6605          (a) the local school board, charter school governing board, or the private equivalent,
6606     after consultation with the Department of Health and school nurses shall adopt policies that
6607     provide for:
6608          (i) the designation of volunteer employees who may administer medication;
6609          (ii) proper identification and safekeeping of medication;

6610          (iii) the training of designated volunteer employees by the school nurse;
6611          (iv) maintenance of records of administration; and
6612          (v) notification to the school nurse of medication that will be administered to students;
6613     and
6614          (b) medication may only be administered to a student if:
6615          (i) the student's parent [or legal guardian] has provided a current written and signed
6616     request that medication be administered during regular school hours to the student; and
6617          (ii) the student's licensed health care provider has prescribed the medication and
6618     provides documentation as to the method, amount, and time schedule for administration, and a
6619     statement that administration of medication by school employees during periods when the
6620     student is under the control of the school is medically necessary.
6621          (2) Authorization for administration of medication by school personnel may be
6622     withdrawn by the school at any time following actual notice to the student's parent [or
6623     guardian].
6624          (3) School personnel who provide assistance under Subsection (1) in substantial
6625     compliance with the licensed health care provider's written prescription and the employers of
6626     these school personnel are not liable, civilly or criminally, for:
6627          (a) any adverse reaction suffered by the student as a result of taking the medication;
6628     and
6629          (b) discontinuing the administration of the medication under Subsection (2).
6630          (4) Subsections (1) through (3) do not apply to:
6631          (a) the administration of glucagon in accordance with Section 53G-9-504;
6632          (b) the administration of a seizure rescue medication in accordance with Section
6633     53G-9-505; or
6634          (c) the administration of an opiate antagonist in accordance with Title 26, Chapter 55,
6635     Opiate Overdose Response Act.
6636          Section 179. Section 53G-9-503 is amended to read:
6637          53G-9-503. Self-administration of asthma medication.

6638          (1) As used in this section, "asthma medication" means prescription or nonprescription,
6639     inhaled asthma medication.
6640          (2) A public school shall permit a student to possess and self-administer asthma
6641     medication if:
6642          (a) the student's parent [or guardian] signs a statement:
6643          (i) authorizing the student to self-administer asthma medication; and
6644          (ii) acknowledging that the student is responsible for, and capable of,
6645     self-administering the asthma medication; and
6646          (b) the student's health care provider provides a written statement that states:
6647          (i) it is medically appropriate for the student to self-administer asthma medication and
6648     be in possession of asthma medication at all times; and
6649          (ii) the name of the asthma medication prescribed or authorized for the student's use.
6650          (3) The Utah Department of Health, in cooperation with the state superintendent [of
6651     public instruction], shall design forms to be used by public schools for the parental and health
6652     care provider statements described in Subsection (2).
6653          (4) Section 53G-8-205 does not apply to the possession and self-administration of
6654     asthma medication in accordance with this section.
6655          Section 180. Section 53G-9-504 is amended to read:
6656          53G-9-504. Administration of glucagon -- Training of volunteer school personnel
6657     -- Authority to use glucagon -- Immunity from liability.
6658          (1) As used in this section, "glucagon authorization" means a signed statement from a
6659     parent [or guardian] of a student with diabetes:
6660          (a) certifying that glucagon has been prescribed for the student;
6661          (b) requesting that the student's public school identify and train school personnel who
6662     volunteer to be trained in the administration of glucagon in accordance with this section; and
6663          (c) authorizing the administration of glucagon in an emergency to the student in
6664     accordance with this section.
6665          (2) (a) A public school shall, within a reasonable time after receiving a glucagon

6666     authorization, train two or more school personnel who volunteer to be trained in the
6667     administration of glucagon, with training provided by the school nurse or another qualified,
6668     licensed medical professional.
6669          (b) A public school shall allow all willing school personnel to receive training in the
6670     administration of glucagon, and the school shall assist and may not obstruct the identification
6671     or training of volunteers under this Subsection (2).
6672          (c) The Utah Department of Health, in cooperation with the state superintendent [of
6673     public instruction], shall design a glucagon authorization form to be used by public schools in
6674     accordance with this section.
6675          (3) (a) Training in the administration of glucagon shall include:
6676          (i) techniques for recognizing the symptoms that warrant the administration of
6677     glucagon;
6678          (ii) standards and procedures for the storage and use of glucagon;
6679          (iii) other emergency procedures, including calling the emergency 911 number and
6680     contacting, if possible, the student's parent [or guardian]; and
6681          (iv) written materials covering the information required under this Subsection (3).
6682          (b) A school shall retain for reference the written materials prepared in accordance with
6683     Subsection (3)(a)(iv).
6684          (4) A public school shall permit a student or school personnel to possess or store
6685     prescribed glucagon so that it will be available for administration in an emergency in
6686     accordance with this section.
6687          (5) (a) A person who has received training in accordance with this section may
6688     administer glucagon at a school or school activity to a student with a glucagon authorization if:
6689          (i) the student is exhibiting the symptoms that warrant the administration of glucagon;
6690     and
6691          (ii) a licensed health care professional is not immediately available.
6692          (b) A person who administers glucagon in accordance with Subsection (5)(a) shall
6693     direct a responsible person to call 911 and take other appropriate actions in accordance with the

6694     training materials retained under Subsection (3)(b).
6695          (6) School personnel who provide or receive training under this section and act in good
6696     faith are not liable in any civil or criminal action for any act taken or not taken under the
6697     authority of this section with respect to the administration of glucagon.
6698          (7) Section 53G-9-502 does not apply to the administration of glucagon in accordance
6699     with this section.
6700          (8) Section 53G-8-205 does not apply to the possession and administration of glucagon
6701     in accordance with this section.
6702          (9) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
6703     Professions, do not apply to a person licensed as a health professional under Title 58,
6704     Occupations and Professions, including a nurse, physician, or pharmacist who, in good faith,
6705     trains nonlicensed volunteers to administer glucagon in accordance with this section.
6706          Section 181. Section 53G-9-505 is amended to read:
6707          53G-9-505. Trained school employee volunteers -- Administration of seizure
6708     rescue medication -- Exemptions from liability.
6709          (1) As used in this section:
6710          (a) "Prescribing health care professional" means:
6711          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
6712     Act;
6713          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
6714     Osteopathic Medical Practice Act;
6715          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
6716     Practice Act; or
6717          (iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
6718          [(b) "Section 504 accommodation plan" means a plan developed pursuant to Section
6719     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
6720     an individual with a disability to ensure access to major life activities.]
6721          [(c)] (b) "Seizure rescue authorization" means a student's Section 504 accommodation

6722     plan that:
6723          (i) certifies that:
6724          (A) a prescribing health care professional has prescribed a seizure rescue medication
6725     for the student;
6726          (B) the student's parent [or legal guardian] has previously administered the student's
6727     seizure rescue medication in a nonmedically-supervised setting without a complication; and
6728          (C) the student has previously ceased having full body prolonged or convulsive seizure
6729     activity as a result of receiving the seizure rescue medication;
6730          (ii) describes the specific seizure rescue medication authorized for the student,
6731     including the indicated dose, and instructions for administration;
6732          (iii) requests that the student's public school identify and train school employees who
6733     are willing to volunteer to receive training to administer a seizure rescue medication in
6734     accordance with this section; and
6735          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
6736     medication in accordance with this section.
6737          [(d)] (c) (i) "Seizure rescue medication" means a medication, prescribed by a
6738     prescribing health care professional, to be administered as described in a student's seizure
6739     rescue authorization, while the student experiences seizure activity.
6740          (ii) A seizure rescue medication does not include a medication administered
6741     intravenously or intramuscularly.
6742          [(e)] (d) "Trained school employee volunteer" means an individual who:
6743          (i) is an employee of a public school where at least one student has a seizure rescue
6744     authorization;
6745          (ii) is at least 18 years old; and
6746          (iii) as described in this section:
6747          (A) volunteers to receive training in the administration of a seizure rescue medication;
6748          (B) completes a training program described in this section;
6749          (C) demonstrates competency on an assessment; and

6750          (D) completes annual refresher training each year that the individual intends to remain
6751     a trained school employee volunteer.
6752          (2) (a) The Department of Health shall, with input from the [State Board of Education]
6753     state board and a children's hospital, develop a training program for trained school employee
6754     volunteers in the administration of seizure rescue medications that includes:
6755          (i) techniques to recognize symptoms that warrant the administration of a seizure
6756     rescue medication;
6757          (ii) standards and procedures for the storage of a seizure rescue medication;
6758          (iii) procedures, in addition to administering a seizure rescue medication, in the event
6759     that a student requires administration of the seizure rescue medication, including:
6760          (A) calling 911; and
6761          (B) contacting the student's parent [or legal guardian];
6762          (iv) an assessment to determine if an individual is competent to administer a seizure
6763     rescue medication;
6764          (v) an annual refresher training component; and
6765          (vi) written materials describing the information required under this Subsection (2)(a).
6766          (b) A public school shall retain for reference the written materials described in
6767     Subsection (2)(a)(vi).
6768          (c) The following individuals may provide the training described in Subsection (2)(a):
6769          (i) a school nurse; or
6770          (ii) a licensed heath care professional.
6771          (3) (a) A public school shall, after receiving a seizure rescue authorization:
6772          (i) inform school employees of the opportunity to be a school employee volunteer; and
6773          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
6774     volunteers, using the training program described in Subsection (2)(a).
6775          (b) A public school may not:
6776          (i) obstruct the identification or training of a trained school employee volunteer; or
6777          (ii) compel a school employee to become a trained school employee volunteer.

6778          (4) A trained school employee volunteer may possess or store a prescribed rescue
6779     seizure medication, in accordance with this section.
6780          (5) A trained school employee volunteer may administer a seizure rescue medication to
6781     a student with a seizure rescue authorization if:
6782          (a) the student is exhibiting a symptom, described on the student's seizure rescue
6783     authorization, that warrants the administration of a seizure rescue medication; and
6784          (b) a licensed health care professional is not immediately available to administer the
6785     seizure rescue medication.
6786          (6) A trained school employee volunteer who administers a seizure rescue medication
6787     shall direct an individual to call 911 and take other appropriate actions in accordance with the
6788     training described in Subsection (2).
6789          (7) A trained school employee volunteer who administers a seizure rescue medication
6790     in accordance with this section in good faith is not liable in a civil or criminal action for an act
6791     taken or not taken under this section.
6792          (8) Section 53G-9-502 does not apply to the administration of a seizure rescue
6793     medication.
6794          (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication
6795     in accordance with this section.
6796          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
6797     and Professions, do not apply to a person licensed as a health care professional under Title 58,
6798     Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
6799     training a nonlicensed school employee who volunteers to administer a seizure rescue
6800     medication in accordance with this section.
6801          (b) Allowing a trained school employee volunteer to administer a seizure rescue
6802     medication in accordance with this section does not constitute unlawful or inappropriate
6803     delegation under Title 58, Occupations and Professions.
6804          Section 182. Section 53G-9-506 is amended to read:
6805          53G-9-506. Diabetes medication -- Possession -- Self-administration.

6806          (1) As used in this section, "diabetes medication" means prescription or
6807     nonprescription medication used to treat diabetes, including related medical devices, supplies,
6808     and equipment used to treat diabetes.
6809          (2) A public school shall permit a student to possess or possess and self-administer
6810     diabetes medication if:
6811          (a) the student's parent [or guardian] signs a statement:
6812          (i) authorizing the student to possess or possess and self-administer diabetes
6813     medication; and
6814          (ii) acknowledging that the student is responsible for, and capable of, possessing or
6815     possessing and self-administering the diabetes medication; and
6816          (b) the student's health care provider provides a written statement that states:
6817          (i) it is medically appropriate for the student to possess or possess and self-administer
6818     diabetes medication and the student should be in possession of diabetes medication at all times;
6819     and
6820          (ii) the name of the diabetes medication prescribed or authorized for the student's use.
6821          (3) The Utah Department of Health, in cooperation with the state superintendent [of
6822     public instruction], shall design forms to be used by public schools for the parental and health
6823     care provider statements described in Subsection (2).
6824          (4) Section 53G-8-205 does not apply to the possession and self-administration of
6825     diabetes medication in accordance with this section.
6826          Section 183. Section 53G-9-601 is amended to read:
6827          53G-9-601. Definitions.
6828          As used in this part:
6829          (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
6830     student directed toward a school employee that, based on its severity, nature, and frequency of
6831     occurrence, a reasonable person would determine is intended to cause intimidation,
6832     humiliation, or unwarranted distress.
6833          (b) A single act does not constitute abusive conduct.

6834          (2) "Bullying" means a school employee or student intentionally committing a written,
6835     verbal, or physical act against a school employee or student that a reasonable person under the
6836     circumstances should know or reasonably foresee will have the effect of:
6837          (a) causing physical or emotional harm to the school employee or student;
6838          (b) causing damage to the school employee's or student's property;
6839          (c) placing the school employee or student in reasonable fear of:
6840          (i) harm to the school employee's or student's physical or emotional well-being; or
6841          (ii) damage to the school employee's or student's property;
6842          (d) creating a hostile, threatening, humiliating, or abusive educational environment due
6843     to:
6844          (i) the pervasiveness, persistence, or severity of the actions; or
6845          (ii) a power differential between the bully and the target; or
6846          (e) substantially interfering with a student having a safe school environment that is
6847     necessary to facilitate educational performance, opportunities, or benefits.
6848          (3) "Communication" means the conveyance of a message, whether verbal, written, or
6849     electronic.
6850          (4) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
6851     or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
6852     the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
6853     the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
6854     electronic communication.
6855          (5) (a) "Hazing" means a school employee or student intentionally, knowingly, or
6856     recklessly committing an act or causing another individual to commit an act toward a school
6857     employee or student that:
6858          (i) (A) endangers the mental or physical health or safety of a school employee or
6859     student;
6860          (B) involves any brutality of a physical nature, including whipping, beating, branding,
6861     calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or

6862     exposure to the elements;
6863          (C) involves consumption of any food, alcoholic product, drug, or other substance or
6864     other physical activity that endangers the mental or physical health and safety of a school
6865     employee or student; or
6866          (D) involves any activity that would subject a school employee or student to extreme
6867     mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
6868     subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
6869          (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
6870     holding office in, or as a condition for membership in a school or school sponsored team,
6871     organization, program, club, or event; or
6872          (B) is directed toward a school employee or student whom the individual who commits
6873     the act knows, at the time the act is committed, is a member of, or candidate for membership
6874     in, a school or school sponsored team, organization, program, club, or event in which the
6875     individual who commits the act also participates.
6876          (b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of
6877     whether the school employee or student against whom the conduct is committed directed,
6878     consented to, or acquiesced in, the conduct.
6879          (6) "LEA governing board" means a local school board or charter school governing
6880     board.
6881          [(6)] (7) "Policy" means [a school] an LEA governing board policy described in
6882     Section 53G-9-605.
6883          [(7)] (8) "Retaliate" means an act or communication intended:
6884          (a) as retribution against a person for reporting bullying or hazing; or
6885          (b) to improperly influence the investigation of, or the response to, a report of bullying
6886     or hazing.
6887          [(8)] (9) "School" means a public elementary or secondary school, including a charter
6888     school.
6889          [(9) "School board" means:]

6890          [(a) a local school board; or]
6891          [(b) a charter school governing board.]
6892          (10) "School employee" means an individual working in the individual's official
6893     capacity as:
6894          (a) a school teacher;
6895          (b) a school staff member;
6896          (c) a school administrator; or
6897          (d) an individual:
6898          (i) who is employed, directly or indirectly, by a school, [school board] an LEA
6899     governing board, or a school district; and
6900          (ii) who works on a school campus.
6901          Section 184. Section 53G-9-604 is amended to read:
6902          53G-9-604. Parental notification of certain incidents and threats required.
6903          [(1) For purposes of this section, "parent" includes a student's guardian.]
6904          [(2)] (1) A school shall:
6905          (a) notify a parent if the parent's student threatens to commit suicide; or
6906          (b) notify the parents of each student involved in an incident of bullying,
6907     cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
6908     student.
6909          [(3)] (2) (a) If a school notifies a parent of an incident or threat required to be reported
6910     under Subsection [(2)] (1), the school shall produce and maintain a record that verifies that the
6911     parent was notified of the incident or threat.
6912          (b) A school shall maintain a record described in Subsection [(3)] (2)(a) in accordance
6913     with the requirements of:
6914          (i) Title 53E, Chapter 9, Part 2, Student Privacy;
6915          (ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
6916          (iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
6917          (iv) 34 C.F.R. Part 99.

6918          [(4)] (3) A local school board or charter school governing board shall adopt a policy
6919     regarding the process for:
6920          (a) notifying a parent as required in Subsection [(2)] (1); and
6921          (b) producing and retaining a record that verifies that a parent was notified of an
6922     incident or threat as required in Subsection [(3)] (2).
6923          [(5)] (4) At the request of a parent, a school may provide information and make
6924     recommendations related to an incident or threat described in Subsection [(2)] (1).
6925          [(6)] (5) A school shall:
6926          (a) provide a student a copy of a record maintained in accordance with this section that
6927     relates to the student if the student requests a copy of the record; and
6928          (b) expunge a record maintained in accordance with this section that relates to a
6929     student if the student:
6930          (i) has graduated from high school; and
6931          (ii) requests the record be expunged.
6932          Section 185. Section 53G-9-605 is amended to read:
6933          53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation
6934     policy.
6935          (1) On or before September 1, 2018, [a school] an LEA governing board shall update
6936     the [school] LEA governing board's bullying, cyber-bullying, hazing, and retaliation policy to
6937     include abusive conduct.
6938          (2) A policy shall:
6939          (a) be developed only with input from:
6940          (i) students;
6941          (ii) parents;
6942          (iii) teachers;
6943          (iv) school administrators;
6944          (v) school staff; or
6945          (vi) local law enforcement agencies; and

6946          (b) provide protection to a student, regardless of the student's legal status.
6947          (3) A policy shall include the following components:
6948          (a) definitions of bullying, cyber-bullying, hazing, and abusive conduct that are
6949     consistent with this part;
6950          (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
6951          (c) language prohibiting retaliation against an individual who reports conduct that is
6952     prohibited under this part;
6953          (d) language prohibiting making a false report of bullying, cyber-bullying, hazing,
6954     abusive conduct, or retaliation;
6955          (e) as required in Section 53G-9-604, parental notification of:
6956          (i) a student's threat to commit suicide; and
6957          (ii) an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation,
6958     involving the parent's student;
6959          (f) a grievance process for a school employee who has experienced abusive conduct;
6960          (g) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
6961     retaliation; and
6962          (h) a requirement for a signed statement annually, indicating that the individual signing
6963     the statement has received the [school] LEA governing board's policy, from each:
6964          (i) school employee;
6965          (ii) student who is at least eight years old; and
6966          (iii) parent [or guardian] of a student enrolled in the charter school or school district.
6967          (4) A copy of a policy shall be:
6968          (a) included in student conduct handbooks;
6969          (b) included in employee handbooks; and
6970          (c) provided to a parent [or a guardian] of a student enrolled in the charter school or
6971     school district[; and].
6972          [(d) distributed to parents.]
6973          (5) A policy may not permit formal disciplinary action that is based solely on an

6974     anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
6975          (6) Nothing in this part is intended to infringe upon the right of a school employee,
6976     parent, or student to exercise the right of free speech.
6977          Section 186. Section 53G-9-606 is amended to read:
6978          53G-9-606. Model policy and state board duties.
6979          (1) On or before September 1, 2018, the [State Board of Education] state board shall:
6980          (a) update the [State Board of Education's] state board's model policy on bullying,
6981     cyber-bullying, hazing, and retaliation to include abusive conduct; and
6982          (b) post the model policy described in Subsection (1)(a) on the [State Board of
6983     Education] state board's website.
6984          (2) The [State Board of Education] state board shall require a [school] an LEA
6985     governing board to report annually to the [State Board of Education] state board on:
6986          (a) the [school] LEA governing board's policy, including implementation of the signed
6987     statement requirement described in Subsection 53G-9-605(3)[(g)];
6988          (b) the [school] LEA governing board's training of school employees relating to
6989     bullying, cyber-bullying, hazing, and retaliation described in Section 53G-9-607; and
6990          (c) other information related to this part, as determined by the [State Board of
6991     Education] state board.
6992          Section 187. Section 53G-9-607 is amended to read:
6993          53G-9-607. Training, education, and prevention -- Standards.
6994          (1) (a) [A school] An LEA governing board shall include in the training of a school
6995     employee training regarding bullying, cyber-bullying, hazing, abusive conduct, and retaliation
6996     that meets the standards described in Subsection (4).
6997          (b) [A school] An LEA governing board may offer voluntary training to parents and
6998     students regarding abusive conduct.
6999          (2) To the extent that state or federal funding is available for this purpose, [school]
7000     LEA governing boards are encouraged to implement programs or initiatives, in addition to the
7001     training described in Subsection (1), to provide for training and education regarding, and the

7002     prevention of, bullying, hazing, abusive conduct, and retaliation.
7003          (3) The programs or initiatives described in Subsection (2) may involve:
7004          (a) the establishment of a bullying task force; or
7005          (b) the involvement of school employees, students, or law enforcement.
7006          (4) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7007     the State Board of Education] The state board shall make rules that establish standards for high
7008     quality training related to bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
7009          Section 188. Section 53G-9-702 is amended to read:
7010          53G-9-702. Youth suicide prevention programs required in secondary schools --
7011     State board to develop model programs -- Reporting requirements.
7012          (1) As used in the section:
7013          [(a) "Board" means the State Board of Education.]
7014          [(b)] (a) "Intervention" means an effort to prevent a student from attempting suicide.
7015          [(c)] (b) "Postvention" means mental health intervention after a suicide attempt or
7016     death to prevent or contain contagion.
7017          [(d)] (c) "Program" means a youth suicide prevention program described in Subsection
7018     (2).
7019          [(e)] (d) "Public education suicide prevention coordinator" means an individual
7020     designated by the state board as described in Subsection (3).
7021          [(f)] (e) "Secondary grades":
7022          (i) means grades 7 through 12; and
7023          (ii) if a middle or junior high school includes grade 6, includes grade 6.
7024          [(g)] (f) "State suicide prevention coordinator" means the state suicide prevention
7025     coordinator described in Section 62A-15-1101.
7026          (2) In collaboration with the public education suicide prevention coordinator, a school
7027     district or charter school, in the secondary grades of the school district or charter school, shall
7028     implement a youth suicide prevention program, which, in collaboration with the training,
7029     programs, and initiatives described in Section 53G-9-607, shall include programs and training

7030     to address:
7031          (a) bullying and cyberbullying, as those terms are defined in Section 53G-9-601;
7032          (b) prevention of youth suicide;
7033          (c) youth suicide intervention;
7034          (d) postvention for family, students, and faculty;
7035          (e) underage drinking of alcohol;
7036          (f) methods of strengthening the family; and
7037          (g) methods of strengthening a youth's relationships in the school and community.
7038          (3) The state board shall:
7039          (a) designate a public education suicide prevention coordinator; and
7040          (b) in collaboration with the Department of Heath and the state suicide prevention
7041     coordinator, develop model programs to provide to school districts and charter schools:
7042          (i) program training; and
7043          (ii) resources regarding the required components described in Subsection (2)(b).
7044          (4) The public education suicide prevention coordinator shall:
7045          (a) oversee the youth suicide prevention programs of school districts and charter
7046     schools;
7047          (b) coordinate prevention and postvention programs, services, and efforts with the state
7048     suicide prevention coordinator; and
7049          (c) award grants in accordance with Section 53F-5-206.
7050          (5) A public school suicide prevention program may allow school personnel to ask a
7051     student questions related to youth suicide prevention, intervention, or postvention.
7052          (6) (a) Subject to legislative appropriation, the state board may distribute money to a
7053     school district or charter school to be used to implement evidence-based practices and
7054     programs, or emerging best practices and programs, for preventing suicide in the school district
7055     or charter school.
7056          (b) The state board shall distribute money under Subsection (6)(a) so that each school
7057     that enrolls students in grade 7 or a higher grade receives an allocation of at least $1,000.

7058          (c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
7059     implement evidence-based practices and programs, or emerging best practices and programs,
7060     for preventing suicide.
7061          (ii) Each school may select the evidence-based practices and programs, or emerging
7062     best practices and programs, for preventing suicide that the school implements.
7063          (7) (a) The state board shall provide a written report, and shall orally report to the
7064     Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
7065     public education suicide prevention coordinator and the state suicide prevention coordinator,
7066     on:
7067          (i) the progress of school district and charter school youth suicide prevention programs,
7068     including rates of participation by school districts, charter schools, and students;
7069          (ii) the state board's coordination efforts with the Department of Health and the state
7070     suicide prevention coordinator;
7071          (iii) the public education suicide prevention coordinator's model program for training
7072     and resources related to youth suicide prevention, intervention, and postvention;
7073          (iv) data measuring the effectiveness of youth suicide programs;
7074          (v) funds appropriated to each school district and charter school for youth suicide
7075     prevention programs; and
7076          (vi) five-year trends of youth suicides per school, school district, and charter school.
7077          (b) School districts and charter schools shall provide to the state board information that
7078     is necessary for the state board's report to the Legislature's Education Interim Committee as
7079     required in Subsection (7)(a).
7080          Section 189. Section 53G-9-703 is amended to read:
7081          53G-9-703. Parent education -- Mental health -- Bullying -- Safety.
7082          (1) (a) Except as provided in Subsection (4), a school district shall offer a seminar for
7083     parents of students in the school district that:
7084          (i) is offered at no cost to parents;
7085          (ii) begins at or after 6 p.m.;

7086          (iii) is held in at least one school located in the school district; and
7087          (iv) covers the topics described in Subsection (2).
7088          (b) (i) A school district shall annually offer one parent seminar for each 11,000
7089     students enrolled in the school district.
7090          (ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
7091     more than three seminars.
7092          (c) A school district may:
7093          (i) develop its own curriculum for the seminar described in Subsection (1)(a); or
7094          (ii) use the curriculum developed by the [State Board of Education] state board under
7095     Subsection (2).
7096          (d) A school district shall notify each charter school located in the attendance
7097     boundaries of the school district of the date and time of a parent seminar, so the charter school
7098     may inform parents of the seminar.
7099          (2) The [State Board of Education] state board shall:
7100          (a) develop a curriculum for the parent seminar described in Subsection (1) that
7101     includes information on:
7102          (i) substance abuse, including illegal drugs and prescription drugs and prevention;
7103          (ii) bullying;
7104          (iii) mental health, depression, suicide awareness, and suicide prevention, including
7105     education on limiting access to fatal means;
7106          (iv) Internet safety, including pornography addiction; and
7107          (v) the School Safety and Crisis Line established in Section 53E-10-502; and
7108          (b) provide the curriculum, including resources and training, to school districts upon
7109     request.
7110          (3) The [State Board of Education] state board shall report to the Legislature's
7111     Education Interim Committee, by the October 2015 meeting, on:
7112          (a) the progress of implementation of the parent seminar;
7113          (b) the number of parent seminars conducted in each school district;

7114          (c) the estimated attendance reported by each school district;
7115          (d) a recommendation of whether to continue the parent seminar program; and
7116          (e) if a local school board has opted out of providing the parent seminar, as described
7117     in Subsection (4), the reasons why a local school board opted out.
7118          (4) (a) A school district is not required to offer the parent seminar if the local school
7119     board determines that the topics described in Subsection (2) are not of significant interest or
7120     value to families in the school district.
7121          (b) If a local school board chooses not to offer the parent seminar, the local school
7122     board shall notify the [State Board of Education] state board and provide the reasons why the
7123     local school board chose not to offer the parent seminar.
7124          Section 190. Section 53G-9-704 is amended to read:
7125          53G-9-704. Youth suicide prevention training for employees.
7126          (1) A school district or charter school shall require a licensed employee to complete a
7127     minimum of two hours of professional development training on youth suicide prevention every
7128     three years.
7129          (2) The state board shall:
7130          (a) develop or adopt sample materials to be used by a school district or charter school
7131     for professional development training on youth suicide prevention; and
7132          (b) [in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
7133     Rulemaking Act,] incorporate in rule the training described in Subsection (1) into professional
7134     development training described in Section 53E-6-201.
7135          Section 191. Section 53G-9-801 is amended to read:
7136          53G-9-801. Definitions.
7137          As used in Section 53G-9-802:
7138          (1) "Attainment goal" means earning:
7139          (a) a high school diploma;
7140          (b) a Utah High School Completion Diploma, as defined in [State Board of Education]
7141     state board rule;

7142          (c) an Adult Education Secondary Diploma, as defined in [State Board of Education]
7143     state board rule; or
7144          (d) an employer-recognized, industry-based certificate that is:
7145          (i) likely to result in job placement; and
7146          (ii) included in the [State Board of Education's] state board's approved career and
7147     technical education industry certification list.
7148          (2) "Cohort" means a group of students, defined by the year in which the group enters
7149     grade 9.
7150          (3) "Designated student" means a student:
7151          (a) (i) who has withdrawn from an LEA before earning a diploma;
7152          (ii) who has been dropped from average daily membership; and
7153          (iii) whose cohort has not yet graduated; or
7154          (b) who is at risk of meeting the criteria described in Subsection (3)(a), as determined
7155     by the student's LEA, using risk factors defined in rules made by the [State Board of Education
7156     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act] state board.
7157          (4) "Graduation rate" means:
7158          (a) for a school district or a charter school that includes grade 12, the graduation rate
7159     calculated by the [State Board of Education] state board for federal accountability and reporting
7160     purposes; or
7161          (b) for a charter school that does not include grade 12, a proxy graduation rate defined
7162     in rules made by the [State Board of Education in accordance with Title 63G, Chapter 3, Utah
7163     Administrative Rulemaking Act] state board.
7164          (5) "Local education agency" or "LEA" means a school district or charter school that
7165     serves students in grade 9, 10, 11, or 12.
7166          (6) "Nontraditional program" means a program, as defined in rules made by the [State
7167     Board of Education] state board under Subsection 53E-3-501(1)(e), in which a student receives
7168     instruction through:
7169          (a) distance learning;

7170          (b) online learning;
7171          (c) blended learning; or
7172          (d) competency-based learning.
7173          (7) "Statewide graduation rate" means:
7174          (a) for a school district or a charter school that includes grade 12, the statewide
7175     graduation rate, as annually calculated by the [State Board of Education] state board; or
7176          (b) for a charter school that does not include grade 12, the average graduation rate for
7177     all charter schools that do not include grade 12.
7178          (8) "Third party" means:
7179          (a) a private provider; or
7180          (b) an LEA that does not meet the criteria described in Subsection 53G-9-802(3).
7181          Section 192. Section 53G-9-802 is amended to read:
7182          53G-9-802. Dropout prevention and recovery -- Flexible enrollment options --
7183     Contracting -- Reporting.
7184          (1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
7185     recovery services to a designated student, including:
7186          (i) engaging with or attempting to recover a designated student;
7187          (ii) developing a learning plan, in consultation with a designated student, to identify:
7188          (A) barriers to regular school attendance and achievement;
7189          (B) an attainment goal; and
7190          (C) a means for achieving the attainment goal through enrollment in one or more of the
7191     programs described in Subsection (2);
7192          (iii) monitoring a designated student's progress toward reaching the designated
7193     student's attainment goal; and
7194          (iv) providing tiered interventions for a designated student who is not making progress
7195     toward reaching the student's attainment goal.
7196          (b) An LEA shall provide the dropout prevention and recovery services described in
7197     Subsection (1)(a):

7198          (i) throughout the calendar year; and
7199          (ii) except as provided in Subsection (1)(c)(i), for each designated student who
7200     becomes a designated student while enrolled in the LEA.
7201          (c) (i) A designated student's school district of residence shall provide dropout recovery
7202     services if the designated student:
7203          (A) was enrolled in a charter school that does not include grade 12; and
7204          (B) becomes a designated student in the summer after the student completes academic
7205     instruction at the charter school through the maximum grade level the charter school is eligible
7206     to serve under the charter school's charter agreement as described in Section 53G-5-303.
7207          (ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
7208     grade 12 shall notify each of the charter school's student's district of residence, as determined
7209     under Section 53G-6-302, when the student completes academic instruction at the charter
7210     school as described in Subsection (1)(c)(i)(B).
7211          (iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
7212     contact information, and student identification number.
7213          (2) (a) An LEA shall provide flexible enrollment options for a designated student that:
7214          (i) are tailored to the designated student's learning plan developed under Subsection
7215     (1)(a)(ii); and
7216          (ii) include two or more of the following:
7217          (A) enrollment in the LEA in a traditional program;
7218          (B) enrollment in the LEA in a nontraditional program;
7219          (C) enrollment in a program offered by a private provider that has entered into a
7220     contract with the LEA to provide educational services; or
7221          (D) enrollment in a program offered by another LEA.
7222          (b) A designated student may enroll in:
7223          (i) a program offered by the LEA under Subsection (2)(a), in accordance with this
7224     public education code, rules established by the [State Board of Education] state board, and
7225     policies established by the LEA;

7226          (ii) the Electronic High School, in accordance with Title 53E, Chapter 10, Part 6,
7227     Electronic High School; or
7228          (iii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
7229     Part 5, Statewide Online Education Program.
7230          (c) An LEA shall make the LEA's best effort to accommodate a designated student's
7231     choice of enrollment under Subsection (2)(b).
7232          (3) Beginning with the 2017-18 school year and except as provided in Subsection (4),
7233     an LEA shall enter into a contract with a third party to provide the dropout prevention and
7234     recovery services described in Subsection (1)(a) for any school year in which the LEA meets
7235     the following criteria:
7236          (a) the LEA's graduation rate is lower than the statewide graduation rate; and
7237          (b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
7238     previous three school years; or
7239          (ii) during the previous calendar year, at least 10% of the LEA's designated students
7240     have not:
7241          (A) reached the students' attainment goals; or
7242          (B) made a year's worth of progress toward the students' attainment goals.
7243          (4) An LEA that is in the LEA's first three years of operation is not subject to the
7244     requirement described in Subsection (3).
7245          (5) An LEA described in Subsection (3) shall ensure that:
7246          (a) a third party with whom the LEA enters into a contract under Subsection (3) has a
7247     demonstrated record of effectiveness engaging with and recovering designated students; and
7248          (b) a contract with a third party requires the third party to:
7249          (i) provide the services described in Subsection (1)(a); and
7250          (ii) regularly report progress to the LEA.
7251          (6) An LEA shall annually submit a report to the [State Board of Education] state
7252     board on dropout prevention and recovery services provided under this section, including:
7253          (a) the methods the LEA or third party uses to engage with or attempt to recover

7254     designated students under Subsection (1)(a)(i);
7255          (b) the number of designated students who enroll in a program described in Subsection
7256     (2) as a result of the efforts described in Subsection (6)(a);
7257          (c) the number of designated students who reach the designated students' attainment
7258     goals identified under Subsection (1)(a)(ii)(B); and
7259          (d) funding allocated to provide dropout prevention and recovery services.
7260          (7) The [State Board of Education] state board shall:
7261          (a) ensure that an LEA described in Subsection (3) contracts with a third party to
7262     provide dropout prevention and recovery services in accordance with Subsections (3) and (5);
7263     and
7264          (b) on or before October 30, 2017, and each year thereafter, report to the Education
7265     Interim Committee on the provisions of this section, including a summary of the reports
7266     submitted under Subsection (6).
7267          Section 193. Section 53G-9-803 is amended to read:
7268          53G-9-803. Remediation programs for secondary students.
7269          (1) For purposes of this section:
7270          (a) "Secondary school" means a school that provides instruction to students in grades 7,
7271     8, 9, 10, 11, or 12.
7272          (b) "Secondary school student":
7273          (i) means a student enrolled in a secondary school; and
7274          (ii) includes a student in grade 6 if the student attends a secondary school.
7275          (2) A school district or charter school shall implement programs for secondary school
7276     students to attain the competency levels and graduation requirements established by the [State
7277     Board of Education] state board.
7278          (3) (a) A school district or charter school shall establish remediation programs for
7279     secondary school students who do not meet competency levels in English, mathematics,
7280     science, or social studies.
7281          (b) Participation in the programs is mandatory for secondary school students who fail

7282     to meet the competency levels based on classroom performance.
7283          (4) Secondary school students who require remediation under this section may not be
7284     advanced to the following class in subject sequences until they meet the required competency
7285     level for the subject or complete the required remediation program, except that a school district
7286     or charter school may allow secondary school students requiring remediation who would
7287     otherwise be scheduled to enter their first year of high school to complete their remediation
7288     program during that first year.
7289          (5) (a) Remediation programs provided under this section should not be unnecessarily
7290     lengthy or repetitive.
7291          (b) A secondary school student need not repeat an entire class if remediation can
7292     reasonably be achieved through other means.
7293          (6) A school district or charter school may charge secondary school students a fee to
7294     participate in the remediation programs.
7295          Section 194. Section 53G-10-202 is amended to read:
7296          53G-10-202. Maintaining constitutional freedom in the public schools.
7297          (1) Any instructional activity, performance, or display which includes examination of
7298     or presentations about religion, political or religious thought or expression, or the influence
7299     thereof on music, art, literature, law, politics, history, or any other element of the curriculum,
7300     including the comparative study of religions, which is designed to achieve secular educational
7301     objectives included within the context of a course or activity and conducted in accordance with
7302     applicable rules or policies of the state and [local boards of education] LEA governing boards,
7303     may be undertaken in the public schools.
7304          (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
7305     be included within or excluded from public school curricula for the primary reason that it
7306     affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
7307     of a spiritual realm or supreme being.
7308          (3) Public schools may not sponsor prayer or religious devotionals.
7309          (4) School officials and employees may not use their positions to endorse, promote, or

7310     disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
7311     viewpoint.
7312          Section 195. Section 53G-10-204 is amended to read:
7313          53G-10-204. Civic and character education -- Definitions -- Legislative finding --
7314     Elements -- Reporting requirements.
7315          (1) As used in this section:
7316          (a) "Character education" means reaffirming values and qualities of character which
7317     promote an upright and desirable citizenry.
7318          (b) "Civic education" means the cultivation of informed, responsible participation in
7319     political life by competent citizens committed to the fundamental values and principles of
7320     representative democracy in Utah and the United States.
7321          (c) "Values" means time-established principles or standards of worth.
7322          (2) The Legislature recognizes that:
7323          (a) Civic and character education are fundamental elements of the public education
7324     system's core mission as originally intended and established under Article X of the Utah
7325     Constitution;
7326          (b) Civic and character education are fundamental elements of the constitutional
7327     responsibility of public education and shall be a continuing emphasis and focus in public
7328     schools;
7329          (c) the cultivation of a continuing understanding and appreciation of a constitutional
7330     republic and principles of representative democracy in Utah and the United States among
7331     succeeding generations of educated and responsible citizens is important to the nation and
7332     state;
7333          (d) the primary responsibility for the education of children within the state resides with
7334     their parents [or guardians] and that the role of state and local governments is to support and
7335     assist parents in fulfilling that responsibility;
7336          (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
7337     informed and responsible citizens who are deeply attached to essential democratic values and

7338     institutions; and
7339          (f) the happiness and security of American society relies upon the public virtue of its
7340     citizens which requires a united commitment to a moral social order where self-interests are
7341     willingly subordinated to the greater common good.
7342          (3) Through an integrated curriculum, students shall be taught in connection with
7343     regular school work:
7344          (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
7345          (b) respect for and an understanding of the Declaration of Independence and the
7346     constitutions of the United States and of the state of Utah;
7347          (c) Utah history, including territorial and preterritorial development to the present;
7348          (d) the essentials and benefits of the free enterprise system;
7349          (e) respect for parents, home, and family;
7350          (f) the dignity and necessity of honest labor; and
7351          (g) other skills, habits, and qualities of character which will promote an upright and
7352     desirable citizenry and better prepare students to recognize and accept responsibility for
7353     preserving and defending the blessings of liberty inherited from prior generations and secured
7354     by the constitution.
7355          (4) Local school boards and school administrators may provide training, direction, and
7356     encouragement, as needed, to accomplish the intent and requirements of this section and to
7357     effectively emphasize civic and character education in the course of regular instruction in the
7358     public schools.
7359          (5) Civic and character education in public schools are:
7360          (a) not intended to be separate programs in need of special funding or added specialists
7361     to be accomplished; and
7362          (b) core principles which reflect the shared values of the citizens of Utah and the
7363     founding principles upon which representative democracy in the United States and the state of
7364     Utah are based.
7365          (6) To assist the Commission on Civic and Character Education in fulfilling the

7366     commission's duties under Section 67-1a-11, by December 30 of each year, each school district
7367     and the State Charter School Board shall submit to the lieutenant governor and the commission
7368     a report summarizing how civic and character education are achieved in the school district or
7369     charter schools through an integrated school curriculum and in the regular course of school
7370     work as provided in this section.
7371          (7) Each year, the [State Board of Education] state board shall report to the Education
7372     Interim Committee, on or before the October meeting, the methods used, and the results being
7373     achieved, to instruct and prepare students to become informed and responsible citizens through
7374     an integrated curriculum taught in connection with regular school work as required in this
7375     section.
7376          Section 196. Section 53G-10-205 is amended to read:
7377          53G-10-205. Waivers of participation.
7378          (1) As used in this section[:(a) "Parent" means a parent or legal guardian.(b)
7379     "School"], "school" means a public school.
7380          (2) If a parent of a student, or a secondary student, determines that the student's
7381     participation in a portion of the curriculum or in an activity would require the student to affirm
7382     or deny a religious belief or right of conscience, or engage or refrain from engaging in a
7383     practice forbidden or required in the exercise of a religious right or right of conscience, the
7384     parent or the secondary student may request:
7385          (a) a waiver of the requirement to participate; or
7386          (b) a reasonable alternative that requires reasonably equivalent performance by the
7387     student of the secular objectives of the curriculum or activity in question.
7388          (3) The school shall promptly notify a student's parent if the secondary student makes a
7389     request under Subsection (2).
7390          (4) If a request is made under Subsection (2), the school shall:
7391          (a) waive the participation requirement;
7392          (b) provide a reasonable alternative to the requirement; or
7393          (c) notify the requesting party that participation is required.

7394          (5) The school shall ensure that the provisions of Subsection 53G-10-203(3) are met in
7395     connection with any required participation under Subsection (4)(c).
7396          (6) A student's academic or citizenship performance may not be penalized if the
7397     secondary student or the student's parent chooses to exercise a religious right or right of
7398     conscience in accordance with the provisions of this section.
7399          Section 197. Section 53G-10-302 is amended to read:
7400          53G-10-302. Instruction in American history and government -- Study and
7401     posting of American heritage documents.
7402          (1) The Legislature recognizes that a proper understanding of American history and
7403     government is essential to good citizenship, and that the public schools are the primary public
7404     institutions charged with responsibility for assisting children and youth in gaining that
7405     understanding.
7406          (2) (a) The [State Board of Education] state board and local school boards shall
7407     periodically review school curricula and activities to ensure that effective instruction in
7408     American history and government is taking place in the public schools.
7409          (b) The boards shall solicit public input as part of the review process.
7410          (c) Instruction in American history and government shall include a study of:
7411          (i) forms of government, such as a republic, a pure democracy, a monarchy, and an
7412     oligarchy;
7413          (ii) political philosophies and economic systems, such as socialism, individualism, and
7414     free market capitalism; and
7415          (iii) the United States' form of government, a compound constitutional republic.
7416          (3) School curricula and activities shall include a thorough study of historical
7417     documents such as:
7418          (a) the Declaration of Independence;
7419          (b) the United States Constitution;
7420          (c) the national motto;
7421          (d) the pledge of allegiance;

7422          (e) the national anthem;
7423          (f) the Mayflower Compact;
7424          (g) the writings, speeches, documents, and proclamations of the Founders and the
7425     Presidents of the United States;
7426          (h) organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and
7427     post Federalist eras;
7428          (i) United States Supreme Court decisions;
7429          (j) Acts of the United States Congress, including the published text of the
7430     Congressional Record; and
7431          (k) United States treaties.
7432          (4) To increase student understanding of, and familiarity with, American historical
7433     documents, public schools may display historically important excerpts from, or copies of, those
7434     documents in school classrooms and common areas as appropriate.
7435          (5) There shall be no content-based censorship of American history and heritage
7436     documents referred to in this section due to their religious or cultural nature.
7437          (6) Public schools shall display "In God we trust," which is declared in 36 U.S.C. 302
7438     to be the national motto of the United States, in one or more prominent places within each
7439     school building.
7440          Section 198. Section 53G-10-303 is amended to read:
7441          53G-10-303. Teaching of American sign language.
7442          (1) The Legislature recognizes that American sign language is a fully developed,
7443     autonomous, natural language with distinct grammar, syntax, and art forms.
7444          (2) American sign language shall be accorded equal status with other linguistic systems
7445     in the state's public and higher education systems.
7446          (3) The [State Board of Education] state board, in consultation with the state's school
7447     districts and members of the deaf and hard of hearing community, shall develop and implement
7448     policies and procedures for the teaching of American sign language in the state's public
7449     education system at least at the middle school or high school level.

7450          (4) A student may count credit received for completion of a course in American sign
7451     language at the middle school or high school level toward the satisfaction of a foreign language
7452     requirement in the public education system under rules made by the [State Board of Education]
7453     state board.
7454          (5) The State Board of Regents, in consultation with the state's public institutions of
7455     higher education and members of the state's deaf and hard of hearing community, shall develop
7456     and implement policies and procedures for offering instruction in American sign language in
7457     the state's system of higher education.
7458          (6) The Joint Liaison Committee, in consultation with members of the state's deaf and
7459     hard of hearing community, shall review any policies and procedures developed under this
7460     section and make recommendations to either or both boards regarding the policies.
7461          Section 199. Section 53G-10-304 is amended to read:
7462          53G-10-304. Instruction on the flag of the United States of America.
7463          (1) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7464     the State Board of Education] The state board shall provide by rule for a program of instruction
7465     within the public schools relating to the flag of the United States.
7466          (2) The instruction shall include the history of the flag, etiquette, customs pertaining to
7467     the display and use of the flag, and other patriotic exercises as provided by 4 U.S.C. Secs. 1 to
7468     10.
7469          (3) (a) The pledge of allegiance to the flag shall be recited once at the beginning of
7470     each day in each public school classroom in the state, led by a student in the classroom, as
7471     assigned by the classroom teacher on a rotating basis.
7472          (b) Each student shall be informed by posting a notice in a conspicuous place that the
7473     student has the right not to participate in reciting the pledge.
7474          (c) A student shall be excused from reciting the pledge upon written request from the
7475     student's parent [or legal guardian].
7476          (d) (i) At least once a year students shall be instructed that:
7477          (A) participation in the pledge of allegiance is voluntary and not compulsory; and

7478          (B) not only is it acceptable for someone to choose not to participate in the pledge of
7479     allegiance for religious or other reasons, but students should show respect for any student who
7480     chooses not to participate.
7481          (ii) A public school teacher shall strive to maintain an atmosphere among students in
7482     the classroom that is consistent with the principles described in Subsection (3)(d)(i).
7483          Section 200. Section 53G-10-305 is amended to read:
7484          53G-10-305. Financial education information.
7485          A public school shall provide the following to the parents [or guardian] of a
7486     kindergarten student during kindergarten enrollment:
7487          (1) a financial and economic literacy passport, as defined in Section 53E-3-505; and
7488          (2) information about higher education savings options, including information about
7489     opening a Utah Educational Savings Plan account.
7490          Section 201. Section 53G-10-402 is amended to read:
7491          53G-10-402. Instruction in health -- Parental consent requirements -- Conduct
7492     and speech of school employees and volunteers -- Political and religious doctrine
7493     prohibited.
7494          (1) As used in this section:
7495          [(a) "Board" means the State Board of Education.]
7496          [(b) "Local school board" means:]
7497          [(i) a local board of education elected in accordance with Section 53G-4-201; or]
7498          [(ii) a charter school governing board, as defined in Section 53G-5-102.]
7499          [(c) "Parent" means a parent or legal guardian.]
7500          (a) "LEA governing board" means a local school board or charter school governing
7501     board.
7502          [(d)] (b) "Refusal skills" means instruction:
7503          (i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
7504     adult;
7505          (ii) in a student's obligation to stop the student's sexual advances if refused by another

7506     individual;
7507          (iii) informing a student of the student's right to report and seek counseling for
7508     unwanted sexual advances;
7509          (iv) in sexual harassment; and
7510          (v) informing a student that a student may not consent to criminally prohibited
7511     activities or activities for which the student is legally prohibited from giving consent, including
7512     the electronic transmission of sexually explicit images by an individual of the individual or
7513     another.
7514          (2) (a) The state board shall establish curriculum requirements under Section
7515     53E-3-501 that include instruction in:
7516          (i) community and personal health;
7517          (ii) physiology;
7518          (iii) personal hygiene;
7519          (iv) prevention of communicable disease;
7520          (v) refusal skills; and
7521          (vi) the harmful effects of pornography.
7522          (b) (i) That instruction shall stress:
7523          (A) the importance of abstinence from all sexual activity before marriage and fidelity
7524     after marriage as methods for preventing certain communicable diseases; and
7525          (B) personal skills that encourage individual choice of abstinence and fidelity.
7526          (ii) (A) At no time may instruction be provided, including responses to spontaneous
7527     questions raised by students, regarding any means or methods that facilitate or encourage the
7528     violation of any state or federal criminal law by a minor or an adult.
7529          (B) Subsection (2)(b)(ii)(A) does not preclude an instructor from responding to a
7530     spontaneous question as long as the response is consistent with the provisions of this section.
7531          (c) (i) The state board shall recommend instructional materials for use in the curricula
7532     required under Subsection (2)(a) after considering evaluations of instructional materials by the
7533     State Instructional Materials Commission.

7534          (ii) [A local school] An LEA governing board may choose to adopt:
7535          (A) the instructional materials recommended under Subsection (2)(c)(i); or
7536          (B) other instructional materials as provided in state board rule.
7537          (iii) The state board rule made under Subsection (2)(c)(ii)(B) shall include, at a
7538     minimum:
7539          (A) that the materials adopted by [a local school] an LEA governing board under
7540     Subsection (2)(c)(ii)(B) shall be based upon recommendations of the school district's or charter
7541     school's Curriculum Materials Review Committee that comply with state law and state board
7542     rules emphasizing abstinence before marriage and fidelity after marriage, and prohibiting
7543     instruction in:
7544          (I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
7545          (II) the advocacy of premarital or extramarital sexual activity; or
7546          (III) the advocacy or encouragement of the use of contraceptive methods or devices;
7547          (B) that the adoption of instructional materials shall take place in an open and regular
7548     meeting of the [local school] LEA governing board for which prior notice is given to parents of
7549     students attending the respective schools and an opportunity for parents to express their views
7550     and opinions on the materials at the meeting;
7551          (C) provision for an appeal and review process of the [local school] LEA governing
7552     board's decision; and
7553          (D) provision for a report by the [local school] LEA governing board to the state board
7554     of the action taken and the materials adopted by the [local school] LEA governing board under
7555     Subsections (2)(c)(ii)(B) and (2)(c)(iii).
7556          (3) (a) A student shall receive instruction in the courses described in Subsection (2) on
7557     at least two occasions during the period that begins with the beginning of grade 8 and the end
7558     of grade 12.
7559          (b) At the request of the state board, the Department of Health shall cooperate with the
7560     state board in developing programs to provide instruction in those areas.
7561          (4) (a) The state board shall adopt rules that:

7562          (i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
7563     are complied with; and
7564          (ii) require a student's parent to be notified in advance and have an opportunity to
7565     review the information for which parental consent is required under Sections 76-7-322 and
7566     76-7-323.
7567          (b) The state board shall also provide procedures for disciplinary action for violation of
7568     Section 76-7-322 or 76-7-323.
7569          (5) (a) In keeping with the requirements of Section 53G-10-204, and because school
7570     employees and volunteers serve as examples to their students, school employees or volunteers
7571     acting in their official capacities may not support or encourage criminal conduct by students,
7572     teachers, or volunteers.
7573          (b) To ensure the effective performance of school personnel, the limitations described
7574     in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
7575     employee's or volunteer's official capacities if:
7576          (i) the employee or volunteer knew or should have known that the employee's or
7577     volunteer's action could result in a material and substantial interference or disruption in the
7578     normal activities of the school; and
7579          (ii) that action does result in a material and substantial interference or disruption in the
7580     normal activities of the school.
7581          (c) The state board or [a local school] an LEA governing board may not allow training
7582     of school employees or volunteers that supports or encourages criminal conduct.
7583          (d) The state board shall adopt rules implementing this section.
7584          (e) Nothing in this section limits the ability or authority of the state board or [a local
7585     school] an LEA governing board to enact and enforce rules or take actions that are otherwise
7586     lawful, regarding educators', employees', or volunteers' qualifications or behavior evidencing
7587     unfitness for duty.
7588          (6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious,
7589     or denominational doctrine may not be taught in the public schools.

7590          (7) (a) [A local school board and a local school] An LEA governing board and an LEA
7591     governing board's employees shall cooperate and share responsibility in carrying out the
7592     purposes of this chapter.
7593          (b) [A local school] An LEA governing board shall provide appropriate professional
7594     development for the [local school] LEA governing board's teachers, counselors, and school
7595     administrators to enable them to understand, protect, and properly instruct students in the
7596     values and character traits referred to in this section and Sections 53E-9-202, 53E-9-203,
7597     53G-10-202, 53G-10-203, 53G-10-204, and 53G-10-205, and distribute appropriate written
7598     materials on the values, character traits, and conduct to each individual receiving the
7599     professional development.
7600          (c) [A local school] An LEA governing board shall make the written materials
7601     described in Subsection (7)(b) available to classified employees, students, and parents of
7602     students.
7603          (d) In order to assist [a local school] an LEA governing board in providing the
7604     professional development required under Subsection (7)(b), the state board shall, as
7605     appropriate, contract with a qualified individual or entity possessing expertise in the areas
7606     referred to in Subsection (7)(b) to develop and disseminate model teacher professional
7607     development programs that [a local school] an LEA governing board may use to train the
7608     individuals referred to in Subsection (7)(b) to effectively teach the values and qualities of
7609     character referenced in Subsection (7)(b).
7610          (e) In accordance with the provisions of Subsection (5)(c), professional development
7611     may not support or encourage criminal conduct.
7612          (8) [A local school] An LEA governing board shall review every two years:
7613          (a) [local school] LEA governing board policies on instruction described in this
7614     section;
7615          (b) for a local school board [of education] of a school district, data for each county that
7616     the school district is located in, or, for a charter school governing board, data for the county in
7617     which the charter school is located, on the following:

7618          (i) teen pregnancy;
7619          (ii) child sexual abuse; and
7620          (iii) sexually transmitted diseases and sexually transmitted infections; and
7621          (c) the number of pornography complaints or other instances reported within the
7622     jurisdiction of the [local school] LEA governing board.
7623          (9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
7624     section, or the application thereof to any person or circumstance, is found to be
7625     unconstitutional, the balance of this section shall be given effect without the invalid provision,
7626     subsection, sentence, clause, phrase, or word.
7627          Section 202. Section 53G-10-403 is amended to read:
7628          53G-10-403. Required parental consent for sex education instruction.
7629          (1) As used in this section:
7630          [(a) "Parent" means the same as that term is defined in Section 53G-10-205.]
7631          [(b)] (a) (i) "Sex education instruction" means any course material, unit, class, lesson,
7632     activity, or presentation that, as the focus of the discussion, provides instruction or information
7633     to a student about:
7634          (A) sexual abstinence;
7635          (B) human sexuality;
7636          (C) human reproduction;
7637          (D) reproductive anatomy;
7638          (E) physiology;
7639          (F) pregnancy;
7640          (G) marriage;
7641          (H) childbirth;
7642          (I) parenthood;
7643          (J) contraception;
7644          (K) HIV/AIDS;
7645          (L) sexually transmitted diseases; or

7646          (M) refusal skills, as defined in Section 53G-10-402.
7647          (ii) "Sex education instruction" does not include child sexual abuse prevention
7648     instruction described in Section 53G-9-207.
7649          [(c)] (b) "School" means the same as that term is defined in Section 53G-10-205.
7650          (2) A school shall obtain prior written consent from a student's parent before the school
7651     may provide sex education instruction to the student.
7652          (3) If a student's parent chooses not to have the student participate in sex education
7653     instruction, a school shall:
7654          (a) waive the requirement for the student to participate in the sex education instruction;
7655     or
7656          (b) provide the student with a reasonable alternative to the sex education instruction
7657     requirement.
7658          (4) In cooperation with the student's teacher or school, a parent shall take responsibility
7659     for the parent's student's sex education instruction if a school:
7660          (a) waives the student's sex education instruction requirement in Subsection (3)(a); or
7661          (b) provides the student with a reasonable alternative to the sex education instruction
7662     requirement described in Subsection (3)(b).
7663          (5) A student's academic or citizenship performance may not be penalized if the
7664     student's parent chooses not to have the student participate in sex education instruction as
7665     described in Subsection (3).
7666          Section 203. Section 53G-10-405 is amended to read:
7667          53G-10-405. Instruction on the harmful effects of alcohol, tobacco, and controlled
7668     substances -- Rulemaking authority -- Assistance from the Division of Substance Abuse
7669     and Mental Health.
7670          (1) The [State Board of Education] state board shall adopt rules providing for
7671     instruction at each grade level on the harmful effects of alcohol, tobacco, and controlled
7672     substances upon the human body and society. The rules shall require but are not limited to
7673     instruction on the following:

7674          (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
7675     alcohol, tobacco, and controlled substances;
7676          (b) directing students towards healthy and productive alternatives to the use of alcohol,
7677     tobacco, and controlled substances; and
7678          (c) discouraging the use of alcohol, tobacco, and controlled substances.
7679          (2) At the request of the state board, the Division of Substance Abuse and Mental
7680     Health shall cooperate with the state board in developing programs to provide this instruction.
7681          (3) The state board shall participate in efforts to enhance communication among
7682     community organizations and state agencies, and shall cooperate with those entities in efforts
7683     which are compatible with the purposes of this section.
7684          Section 204. Section 53G-10-406 is amended to read:
7685          53G-10-406. Underage Drinking Prevention Program -- State board rules.
7686          (1) As used in this section:
7687          (a) "Advisory council" means the Underage Drinking Prevention Program Advisory
7688     Council created in this section.
7689          [(b) "Board" means the State Board of Education.]
7690          [(c) "LEA" means:]
7691          [(i) a school district;]
7692          [(ii) a charter school; or]
7693          [(iii) the Utah Schools for the Deaf and the Blind.]
7694          [(d)] (b) "Program" means the Underage Drinking Prevention Program created in this
7695     section.
7696          [(e)] (c) "School-based prevention program" means an evidence-based program
7697     intended for students aged 13 and older that:
7698          (i) is aimed at preventing underage consumption of alcohol;
7699          (ii) is delivered by methods that engage students in storytelling and visualization;
7700          (iii) addresses the behavioral risk factors associated with underage drinking; and
7701          (iv) provides practical tools to address the dangers of underage drinking.

7702          (2) There is created the Underage Drinking Prevention Program that consists of:
7703          (a) a school-based prevention program for students in grade 7 or 8; and
7704          (b) a school-based prevention program for students in grade 9 or 10 that increases
7705     awareness of the dangers of driving under the influence of alcohol.
7706          (3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
7707     school year to each student in grade 7 or 8 and grade 9 or 10.
7708          (b) An LEA shall select from the providers qualified by the state board under
7709     Subsection (6) to offer the program.
7710          (4) The state board shall administer the program with input from the advisory council.
7711          (5) There is created the Underage Drinking Prevention Program Advisory Council
7712     comprised of the following members:
7713          (a) the executive director of the Department of Alcoholic Beverage Control or the
7714     executive director's designee;
7715          (b) the executive director of the Department of Health or the executive director's
7716     designee;
7717          (c) the director of the Division of Substance Abuse and Mental Health or the director's
7718     designee;
7719          (d) the director of the Division of Child and Family Services or the director's designee;
7720          (e) the director of the Division of Juvenile Justice Services or the director's designee;
7721          (f) the state superintendent [of public instruction] or the state [superintendent of public
7722     instruction's] superintendent's designee; and
7723          (g) two members of the [State Board of Education] state board, appointed by the chair
7724     of the [State Board of Education] state board.
7725          (6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
7726     board shall qualify one or more providers to provide the program to an LEA.
7727          (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
7728          (i) whether the provider's program complies with the requirements described in this
7729     section;

7730          (ii) the extent to which the provider's underage drinking prevention program aligns
7731     with core standards for Utah public schools; and
7732          (iii) the provider's experience in providing a program that is effective at reducing
7733     underage drinking.
7734          (7) (a) The state board shall use money from the Underage Drinking Prevention
7735     Program Restricted Account described in Section 53F-9-304 for the program.
7736          (b) The state board may use money from the Underage Drinking Prevention Program
7737     Restricted Account to fund up to .5 of a full-time equivalent position to administer the
7738     program.
7739          [(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7740     the]
7741          (8) The state board shall make rules that:
7742          (a) beginning with the 2018-19 school year, require an LEA to offer the Underage
7743     Drinking Prevention Program each school year to each student in grade 7 or 8 and grade 9 or
7744     10; and
7745          (b) establish criteria for the state board to use in selecting a provider described in
7746     Subsection (6).
7747          Section 205. Section 53G-10-501 is amended to read:
7748          53G-10-501. Definitions.
7749          [Reserved] As used in this part:
7750          (1) "Driver education" includes classroom instruction and driving and observation in a
7751     dual-controlled motor vehicle.
7752          (2) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
7753     vehicle under the supervision of a certified instructor.
7754          Section 206. Section 53G-10-502 is amended to read:
7755          53G-10-502. Driver education established by school districts.
7756          [(1) As used in this part:]
7757          [(a) "Driver education" includes classroom instruction and driving and observation in a

7758     dual-controlled motor vehicle.]
7759          [(b) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
7760     vehicle under the supervision of a certified instructor.]
7761          [(2)] (1) (a) Local school districts may establish and maintain driver education for
7762     pupils.
7763          (b) A school or local school district that provides driver education shall provide an
7764     opportunity for each pupil enrolled in that school or local school district to take the written test
7765     when the pupil is 15 years and nine months of age.
7766          (c) Notwithstanding the provisions of Subsection [(2)] (1)(b), a school or local school
7767     district that provides driver education may provide an opportunity for each pupil enrolled in
7768     that school or school district to take the written test when the pupil is 15 years of age.
7769          [(3)] (2) The purpose of driver education is to help develop the knowledge, attitudes,
7770     habits, and skills necessary for the safe operation of motor vehicles.
7771          [(4)] (3) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
7772     Act, the State Board of Education] The state board shall make rules for driver education
7773     offered in the public schools.
7774          [(5)] (4) The rules under Subsection [(4)] (3) shall:
7775          (a) require at least one hour of classroom training on the subject of railroad crossing
7776     safety for each driver education pupil;
7777          (b) require instruction, based on data and information provided by the Division of Air
7778     Quality, on:
7779          (i) ways drivers can improve air quality; and
7780          (ii) the harmful effects of vehicle emissions; and
7781          (c) establish minimum standards for approved driving ranges under Section
7782     53-3-505.5.
7783          [(6)] (5) The requirements of Section 53-3-505.5 apply to any behind-the-wheel
7784     driving training provided as part of driver education offered under this part and used to satisfy
7785     the driver training requirement under Section 53-3-204.

7786          Section 207. Section 53G-10-503 is amended to read:
7787          53G-10-503. Driver education funding -- Reimbursement of school districts for
7788     driver education class expenses -- Limitations -- Excess funds -- Student fees.
7789          (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
7790     education shall fund the program solely through:
7791          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
7792     School Fund as created under Section 41-1a-1205; and
7793          (ii) student fees collected by each school.
7794          (b) In determining the cost of driver education, a school district may exclude:
7795          (i) the full-time equivalent cost of a teacher for a driver education class taught during
7796     regular school hours; and
7797          (ii) classroom space and classroom maintenance.
7798          (c) A school district may not use any additional school funds beyond those allowed
7799     under Subsection (1)(b) to subsidize driver education.
7800          (2) (a) The state superintendent [of public instruction] shall, prior to September 2nd
7801     following the school year during which it was expended, or may at earlier intervals during that
7802     school year, reimburse each school district that applied for reimbursement in accordance with
7803     this section.
7804          (b) A school district that maintains driver education classes that conform to this part
7805     and the rules prescribed by the state board may apply for reimbursement for the actual cost of
7806     providing the behind-the-wheel and observation training incidental to those classes.
7807          (3) Under the state board's supervision for driver education, a school district may:
7808          (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
7809     or
7810          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
7811     behind-the-wheel phase of the driver education program.
7812          (4) The reimbursement amount shall be paid out of the Automobile Driver Education
7813     Tax Account in the Uniform School Fund and may not exceed:

7814          (a) $100 per student who has completed driver education during the school year;
7815          (b) $30 per student who has only completed the classroom portion in the school or
7816     through the electronic high school during the school year; or
7817          (c) $70 per student who has only completed the behind-the-wheel and observation
7818     portion in the school during the school year.
7819          (5) If the amount of money in the account at the end of a school year is less than the
7820     total of the reimbursable costs, the state superintendent [of public instruction] shall allocate the
7821     money to each school district in the same proportion that its reimbursable costs bear to the total
7822     reimbursable costs of all school districts.
7823          (6) If the amount of money in the account at the end of any school year is more than the
7824     total of the reimbursement costs provided under Subsection (4), the state superintendent may
7825     allocate the excess funds to school districts:
7826          (a) to reimburse each school district that applies for reimbursement of the cost of a fee
7827     waived under Section 53G-7-504 for driver education; and
7828          (b) to aid in the procurement of equipment and facilities which reduce the cost of
7829     behind-the-wheel instruction.
7830          (7) A local school board shall establish the student fee for driver education for the
7831     school district. Student fees shall be reasonably associated with the costs of driver education
7832     that are not otherwise covered by reimbursements and allocations made under this section.
7833          Section 208. Section 53G-10-505 is amended to read:
7834          53G-10-505. Reports as to costs of driver training programs.
7835          A local school board seeking reimbursement shall, at the end of each school year and at
7836     other times as designated by the [State Board of Education] state board, report the following to
7837     the state superintendent [of public instruction]:
7838          (1) the costs of providing driver education including a separate accounting for:
7839          (a) course work; and
7840          (b) behind-the-wheel and observation training to students;
7841          (2) the costs of fees waived under Section 53G-7-504 for driver education including a

7842     separate accounting for:
7843          (a) course work; and
7844          (b) behind-the-wheel and observation training to students;
7845          (3) the number of students who completed driver education including a separate
7846     accounting for:
7847          (a) course work; and
7848          (b) behind-the-wheel and observation training to students;
7849          (4) whether or not a passing grade was received; and
7850          (5) any other information the [State Board of Education] state board may require for
7851     the purpose of administering this program.
7852          Section 209. Section 53G-10-506 is amended to read:
7853          53G-10-506. Promoting the establishment and maintenance of classes -- Payment
7854     of costs.
7855          (1) The state superintendent [of public instruction] shall promote the establishment and
7856     maintenance of driver education classes in school districts under rules adopted by the [State
7857     Board of Education] state board.
7858          (2) The state board may employ personnel and sponsor experimental programs
7859     considered necessary to give full effect to this program.
7860          (3) The costs of implementing this section shall be paid from the legislative
7861     appropriation to the state board made from the Automobile Driver Education Tax Account in
7862     the Uniform School Fund.
7863          Section 210. Section 53G-10-507 is amended to read:
7864          53G-10-507. Driver education teachers certified as license examiners.
7865          (1) The Driver License Division of the Department of Public Safety and the [State
7866     Board of Education] state board shall establish procedures and standards to certify teachers of
7867     driver education classes under this part to administer written and driving tests.
7868          (2) The division is the certifying authority.
7869          (3) (a) A teacher certified under this section shall give written and driving tests

7870     designed for driver education classes authorized under this part.
7871          (b) The Driver License Division shall, in conjunction with the [State Board of
7872     Education] state board, establish minimal standards for the driver education class tests that are
7873     at least as difficult as those required to receive a class D operator's license under Title 53,
7874     Chapter 3, Uniform Driver License Act.
7875          (c) A student who passes the written test but fails the driving test given by a teacher
7876     certified under this section may apply for a learner permit or class D operator's license under
7877     Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
7878     License Division office.
7879          (4) A student shall have a learner permit issued by the Driver License Division under
7880     Section 53-3-210.5 in the student's immediate possession at all times when operating a motor
7881     vehicle under this section.
7882          (5) A student who successfully passes the tests given by a certified driver education
7883     teacher under this section satisfies the written and driving parts of the test required for a learner
7884     permit or class D operator's license.
7885          (6) The Driver License Division and the [State Board of Education] state board shall
7886     establish procedures to enable school districts to administer or process any tests for students to
7887     receive a learner permit or class D operator's license.
7888          (7) The division and state board shall establish the standards and procedures required
7889     under this section by rules [made in accordance with Title 63G, Chapter 3, Utah Administrative
7890     Rulemaking Act].
7891          Section 211. Section 53G-10-508 is amended to read:
7892          53G-10-508. Programs authorized -- Minimum standards.
7893          (1) Local school districts may:
7894          (a) allow students to complete the classroom training portion of driver education
7895     through the following programs:
7896          (i) home study; or
7897          (ii) the electronic high school;

7898          (b) provide each parent with driver education instructional materials to assist in parent
7899     involvement with driver education including behind-the-wheel driving materials;
7900          (c) offer driver education outside of school hours in order to reduce the cost of
7901     providing driver education;
7902          (d) offer driver education through community education programs;
7903          (e) offer the classroom portion of driver education in the public schools and allow the
7904     student to complete the behind-the-wheel portion with a private provider:
7905          (i) licensed under Section 53-3-504; and
7906          (ii) not associated with the school or under contract with the school under Subsection
7907     53G-10-503(3); or
7908          (f) any combination of Subsections (1)(a) through (e).
7909          (2) [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
7910     the State Board of Education] The state board shall establish in rule minimum standards for the
7911     school-related programs under Subsection (1).
7912          Section 212. Section 53G-11-203 is amended to read:
7913          53G-11-203. Health insurance mandates.
7914          A local school board and [the governing body of] a charter school governing board shall
7915     include in a health plan it offers to school district employees, or charter school employees
7916     insurance mandates in accordance with Section 31A-22-605.5.
7917          Section 213. Section 53G-11-205 is amended to read:
7918          53G-11-205. Education employee associations -- Equal participation --
7919     Prohibition on endorsement or preferential treatment -- Naming of school breaks.
7920          (1) As used in this section:
7921          (a) "Education employee association" includes teacher associations, teacher unions,
7922     teacher organizations, and classified education employees' associations.
7923          (b) "School" means a school district, a school in a school district, a charter school, or
7924     the [State Board of Education] state board and its employees.
7925          (2) A school shall allow education employee associations equal access to the following

7926     activities:
7927          (a) distribution of information in or access to teachers' or employees' physical or
7928     electronic mailboxes, including email accounts that are provided by the school; and
7929          (b) membership solicitation activities at new teacher or employee orientation training
7930     or functions.
7931          (3) If a school permits an education employee association to engage in any of the
7932     activities described in Subsection (2), the school shall permit all other education employee
7933     associations to engage in the activity on the same terms and conditions afforded to the
7934     education employee association.
7935          (4) It is unlawful for a school to:
7936          (a) establish or maintain structures, procedures, or policies that favor one education
7937     employee association over another or otherwise give preferential treatment to an education
7938     employee association; or
7939          (b) explicitly or implicitly endorse any education employee association.
7940          (5) A school's calendars and publications may not include or refer to the name of any
7941     education employee association in relation to any day or break in the school calendar.
7942          Section 214. Section 53G-11-207 is amended to read:
7943          53G-11-207. Collective bargaining agreement -- Website posting.
7944          (1) As used in this section, "collective bargaining agreement" includes:
7945          (a) a master agreement; and
7946          (b) an amendment, addendum, memorandum, or other document modifying the master
7947     agreement.
7948          [(2) The board of education of a school district:]
7949          (2) A local school board:
7950          (a) shall post on the school district's website a collective bargaining agreement entered
7951     into by the [board of education] local school board within 10 days of the ratification of the
7952     agreement; and
7953          (b) may remove from the school district's website a collective bargaining agreement

7954     that is no longer in effect.
7955          [(3) The governing board of a charter school:]
7956          (3) A charter school governing board:
7957          (a) shall post on the charter school's website a collective bargaining agreement entered
7958     into by the charter school governing board [of the charter school] within 10 days of the
7959     ratification of the agreement; and
7960          (b) may remove from the charter school's website a collective bargaining agreement
7961     that is no longer in effect.
7962          Section 215. Section 53G-11-303 is amended to read:
7963          53G-11-303. Professional learning standards.
7964          (1) As used in this section, "professional learning" means a comprehensive, sustained,
7965     and evidence-based approach to improving teachers' and principals' effectiveness in raising
7966     student achievement.
7967          (2) A school district or charter school shall implement high quality professional
7968     learning that meets the following standards:
7969          (a) professional learning occurs within learning communities committed to continuous
7970     improvement, individual and collective responsibility, and goal alignment;
7971          (b) professional learning requires skillful leaders who develop capacity, advocate, and
7972     create support systems, for professional learning;
7973          (c) professional learning requires prioritizing, monitoring, and coordinating resources
7974     for educator learning;
7975          (d) professional learning uses a variety of sources and types of student, educator, and
7976     system data to plan, assess, and evaluate professional learning;
7977          (e) professional learning integrates theories, research, and models of human learning to
7978     achieve its intended outcomes;
7979          (f) professional learning applies research on change and sustains support for
7980     implementation of professional learning for long-term change;
7981          (g) professional learning aligns its outcomes with:

7982          (i) performance standards for teachers and school administrators as described in rules
7983     of the [State Board of Education] state board; and
7984          (ii) performance standards for students as described in the core standards for Utah
7985     public schools adopted by the [State Board of Education] state board pursuant to Section
7986     53E-4-202; and
7987          (h) professional learning:
7988          (i) incorporates the use of technology in the design, implementation, and evaluation of
7989     high quality professional learning practices; and
7990          (ii) includes targeted professional learning on the use of technology devices to enhance
7991     the teaching and learning environment and the integration of technology in content delivery.
7992          (3) School districts and charter schools shall use money appropriated by the Legislature
7993     for professional learning or federal grant money awarded for professional learning to
7994     implement professional learning that meets the standards specified in Subsection (2).
7995          (4) (a) In the fall of 2014, the [State Board of Education] state board, through the state
7996     superintendent [of public instruction], and in collaboration with an independent consultant
7997     acquired through a competitive bid process, shall conduct a statewide survey of school districts
7998     and charter schools to:
7999          (i) determine the current state of professional learning for educators as aligned with the
8000     standards specified in Subsection (2);
8001          (ii) determine the effectiveness of current professional learning practices; and
8002          (iii) identify resources to implement professional learning as described in Subsection
8003     (2).
8004          (b) The [State Board of Education] state board shall select a consultant from bidders
8005     who have demonstrated successful experience in conducting a statewide analysis of
8006     professional learning.
8007          (c) (i) Annually in the fall, beginning in 2015 through 2020, the [State Board of
8008     Education] state board, through the state superintendent [of public instruction], in conjunction
8009     with school districts and charter schools, shall gather and use data to determine the impact of

8010     professional learning efforts and resources.
8011          (ii) Data used to determine the impact of professional learning efforts and resources
8012     under Subsection (4)(c)(i) shall include:
8013          (A) student achievement data;
8014          (B) educator evaluation data; and
8015          (C) survey data.
8016          Section 216. Section 53G-11-401 is amended to read:
8017          53G-11-401. Definitions.
8018          As used in this part:
8019          (1) "Authorized entity" means an LEA, qualifying private school, or the [State Board of
8020     Education] state board that is authorized to request a background check and ongoing
8021     monitoring under this part.
8022          (2) "Bureau" means the Bureau of Criminal Identification within the Department of
8023     Public Safety created in Section 53-10-201.
8024          (3) "Contract employee" means an employee of a staffing service or other entity who
8025     works at a public or private school under a contract.
8026          (4) "FBI" means the Federal Bureau of Investigation.
8027          (5) (a) "License applicant" means an applicant for a license issued by the [State Board
8028     of Education] state board under Title 53E, Chapter 6, Education Professional Licensure.
8029          (b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
8030     suspended, or revoked license.
8031          [(6) "Local education agency" or "LEA" means a school district, charter school, or the
8032     Utah Schools for the Deaf and the Blind.]
8033          [(7)] (6) "Non-licensed employee" means an employee of an LEA or qualifying private
8034     school that does not hold a current Utah educator license issued by the [State Board of
8035     Education] state board under Title 53E, Chapter 6, Education Professional Licensure.
8036          [(8)] (7) "Personal identifying information" means:
8037          (a) current name, former names, nicknames, and aliases;

8038          (b) date of birth;
8039          (c) address;
8040          (d) telephone number;
8041          (e) driver license number or other government-issued identification number;
8042          (f) social security number; and
8043          (g) fingerprints.
8044          [(9)] (8) "Qualifying private school" means a private school that:
8045          (a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship
8046     Program; and
8047           (b) is authorized to conduct fingerprint-based background checks of national crime
8048     information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L.
8049     No. 109-248.
8050          [(10)] (9) "Rap back system" means a system that enables authorized entities to receive
8051     ongoing status notifications of any criminal history reported on individuals whose fingerprints
8052     are registered in the system.
8053          [(11)] (10) "WIN Database" means the Western Identification Network Database that
8054     consists of eight western states sharing one electronic fingerprint database.
8055          Section 217. Section 53G-11-403 is amended to read:
8056          53G-11-403. Background checks for licensed educators.
8057          The [State Board of Education] state board shall:
8058          (1) require a license applicant to submit to a nationwide criminal background check
8059     and ongoing monitoring as a condition for licensing;
8060          (2) collect the following from an applicant:
8061          (a) personal identifying information;
8062          (b) a fee described in Subsection 53-10-108(15); and
8063          (c) consent, on a form specified by the [State Board of Education] state board, for:
8064          (i) an initial fingerprint-based background check by the FBI and bureau upon
8065     submission of the application;

8066          (ii) retention of personal identifying information for ongoing monitoring through
8067     registration with the systems described in Section 53G-11-404; and
8068          (iii) disclosure of any criminal history information to the individual's employing LEA
8069     or qualifying private school;
8070          (3) submit an applicant's personal identifying information to the bureau for:
8071          (a) an initial fingerprint-based background check by the FBI and bureau; and
8072          (b) ongoing monitoring through registration with the systems described in Section
8073     53G-11-404 if the results of the initial background check do not contain disqualifying criminal
8074     history information as determined by the [State Board of Education] state board in accordance
8075     with Section 53G-11-405;
8076          (4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
8077     that the [State Board of Education] state board only receives notifications for individuals with
8078     whom the [State Board of Education] state board maintains an authorizing relationship;
8079          (5) notify the employing LEA or qualifying private school upon receipt of any criminal
8080     history information reported on a licensed educator employed by the LEA or qualifying private
8081     school; and
8082          (6) (a) collect the information described in Subsection (2) from individuals who were
8083     licensed prior to July 1, 2015, by the individual's next license renewal date; and
8084          (b) submit the information to the bureau for ongoing monitoring through registration
8085     with the systems described in Section 53G-11-404.
8086          Section 218. Section 53G-11-404 is amended to read:
8087          53G-11-404. Bureau responsibilities.
8088          The bureau shall:
8089          (1) upon request from an authorized entity, register the fingerprints submitted by the
8090     authorized entity as part of a background check with:
8091          (a) the WIN Database rap back system, or any successor system; and
8092          (b) the rap back system maintained by the Federal Bureau of Investigation;
8093          (2) notify an authorized entity when a new entry is made against an individual whose

8094     fingerprints are registered with the rap back systems described in Subsection (1) regarding:
8095          (a) an alleged offense; or
8096          (b) a conviction, including a plea in abeyance;
8097          (3) assist authorized entities to identify the appropriate privacy risk mitigation strategy
8098     that is to be used to ensure that the authorized entity only receives notifications for individuals
8099     with whom the authorized entity maintains an authorizing relationship; and
8100          (4) collaborate with the [State Board of Education] state board<