1     
PUBLIC EDUCATION DEFINITIONS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     Committee Note:
9          The Education Interim Committee recommended this bill.
10     General Description:
11          This bill defines terms that apply to the public education code and amends provisions in
12     the public education code related to defined terms.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms that apply to:
16               •     Title 53E, Public Education System -- State Administration;
17               •     Title 53F, Public Education System -- Funding; and
18               •     Title 53G, Public Education System -- Local Administration;
19          ▸     amends provisions in Title 53E, Public Education System -- State Administration,
20     and Title 53F, Public Education System -- Funding, to use and conform with the
21     defined terms;
22          ▸     amends other provisions in the public education code related to defined terms; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides revisor instructions.

28     Utah Code Sections Affected:
29     AMENDS:
30          26-7-9, as last amended by Laws of Utah 2018, Chapter 415
31          53E-1-102, as enacted by Laws of Utah 2018, Chapter 1
32          53E-2-201, as renumbered and amended by Laws of Utah 2018, Chapter 1
33          53E-2-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
34          53E-2-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
35          53E-2-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
36          53E-2-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
37          53E-2-304, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
38     amended by Laws of Utah 2018, Chapter 1
39          53E-3-201, as last amended by Laws of Utah 2018, Chapter 336 and renumbered and
40     amended by Laws of Utah 2018, Chapter 1
41          53E-3-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
42          53E-3-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
43          53E-3-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
44          53E-3-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
45          53E-3-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
46          53E-3-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
47          53E-3-401, as last amended by Laws of Utah 2018, Chapters 200, 383 and renumbered
48     and amended by Laws of Utah 2018, Chapter 1
49          53E-3-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
50          53E-3-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
51          53E-3-501, as renumbered and amended by Laws of Utah 2018, Chapter 1
52          53E-3-503, as last amended by Laws of Utah 2018, Chapter 75 and renumbered and
53     amended by Laws of Utah 2018, Chapter 1
54          53E-3-504, as renumbered and amended by Laws of Utah 2018, Chapter 1
55          53E-3-505, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
56     amended by Laws of Utah 2018, Chapter 1
57          53E-3-506, as renumbered and amended by Laws of Utah 2018, Chapter 1
58          53E-3-507, as renumbered and amended by Laws of Utah 2018, Chapter 1

59          53E-3-508, as renumbered and amended by Laws of Utah 2018, Chapter 1
60          53E-3-509, as renumbered and amended by Laws of Utah 2018, Chapter 1
61          53E-3-510, as renumbered and amended by Laws of Utah 2018, Chapter 1
62          53E-3-511, as renumbered and amended by Laws of Utah 2018, Chapter 1
63          53E-3-512, as renumbered and amended by Laws of Utah 2018, Chapter 1
64          53E-3-513, as renumbered and amended by Laws of Utah 2018, Chapter 1
65          53E-3-515, as renumbered and amended by Laws of Utah 2018, Chapter 1
66          53E-3-516, as enacted by Laws of Utah 2018, Chapter 302
67          53E-3-517, as enacted by Laws of Utah 2018, Chapter 73
68          53E-3-602, as renumbered and amended by Laws of Utah 2018, Chapter 1
69          53E-3-603, as renumbered and amended by Laws of Utah 2018, Chapter 1
70          53E-3-702, as renumbered and amended by Laws of Utah 2018, Chapter 1
71          53E-3-703, as renumbered and amended by Laws of Utah 2018, Chapter 1
72          53E-3-705, as renumbered and amended by Laws of Utah 2018, Chapter 1
73          53E-3-706, as renumbered and amended by Laws of Utah 2018, Chapter 1
74          53E-3-707, as renumbered and amended by Laws of Utah 2018, Chapter 1
75          53E-3-709, as renumbered and amended by Laws of Utah 2018, Chapter 1
76          53E-3-801, as renumbered and amended by Laws of Utah 2018, Chapter 1
77          53E-3-802, as renumbered and amended by Laws of Utah 2018, Chapter 1
78          53E-3-903, as renumbered and amended by Laws of Utah 2018, Chapter 1
79          53E-4-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
80          53E-4-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
81          53E-4-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
82          53E-4-205, as renumbered and amended by Laws of Utah 2018, Chapter 1
83          53E-4-206, as renumbered and amended by Laws of Utah 2018, Chapter 1
84          53E-4-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
85          53E-4-301.5, as renumbered and amended by Laws of Utah 2018, Chapter 1
86          53E-4-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
87          53E-4-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
88          53E-4-304, as renumbered and amended by Laws of Utah 2018, Chapter 1
89          53E-4-305, as renumbered and amended by Laws of Utah 2018, Chapter 1

90          53E-4-306, as renumbered and amended by Laws of Utah 2018, Chapter 1
91          53E-4-307, as renumbered and amended by Laws of Utah 2018, Chapter 1
92          53E-4-308, as renumbered and amended by Laws of Utah 2018, Chapter 1
93          53E-4-309, as renumbered and amended by Laws of Utah 2018, Chapter 1
94          53E-4-310, as renumbered and amended by Laws of Utah 2018, Chapter 1
95          53E-4-311, as renumbered and amended by Laws of Utah 2018, Chapter 1
96          53E-4-312, as renumbered and amended by Laws of Utah 2018, Chapter 1
97          53E-4-314, as enacted by Laws of Utah 2018, Chapter 389
98          53E-4-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
99          53E-4-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
100          53E-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 1
101          53E-4-406, as renumbered and amended by Laws of Utah 2018, Chapter 1
102          53E-4-407, as last amended by Laws of Utah 2018, Chapter 148 and renumbered and
103     amended by Laws of Utah 2018, Chapter 1
104          53E-4-408, as renumbered and amended by Laws of Utah 2018, Chapter 1
105          53E-5-201, as renumbered and amended by Laws of Utah 2018, Chapter 1
106          53E-5-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
107          53E-5-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
108          53E-5-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
109          53E-5-205, as renumbered and amended by Laws of Utah 2018, Chapter 1
110          53E-5-206, as renumbered and amended by Laws of Utah 2018, Chapter 1
111          53E-5-207, as renumbered and amended by Laws of Utah 2018, Chapter 1
112          53E-5-208, as renumbered and amended by Laws of Utah 2018, Chapter 1
113          53E-5-209, as renumbered and amended by Laws of Utah 2018, Chapter 1
114          53E-5-210, as renumbered and amended by Laws of Utah 2018, Chapter 1
115          53E-5-211, as renumbered and amended by Laws of Utah 2018, Chapter 1
116          53E-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
117          53E-5-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
118          53E-5-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
119          53E-5-304, as renumbered and amended by Laws of Utah 2018, Chapter 1
120          53E-5-305, as renumbered and amended by Laws of Utah 2018, Chapter 1

121          53E-5-306, as renumbered and amended by Laws of Utah 2018, Chapter 1
122          53E-5-307, as renumbered and amended by Laws of Utah 2018, Chapter 1
123          53E-5-308, as renumbered and amended by Laws of Utah 2018, Chapter 1
124          53E-5-309, as renumbered and amended by Laws of Utah 2018, Chapter 1
125          53E-5-310, as renumbered and amended by Laws of Utah 2018, Chapter 1
126          53E-6-102, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
127     amended by Laws of Utah 2018, Chapter 1
128          53E-6-103, as renumbered and amended by Laws of Utah 2018, Chapter 1
129          53E-6-201, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
130     amended by Laws of Utah 2018, Chapter 1
131          53E-6-204, as enacted by Laws of Utah 2018, Chapter 462
132          53E-6-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
133          53E-6-302, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
134     amended by Laws of Utah 2018, Chapter 1
135          53E-6-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
136          53E-6-307, as renumbered and amended by Laws of Utah 2018, Chapter 1
137          53E-6-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
138          53E-6-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
139          53E-6-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
140          53E-6-501, as renumbered and amended by Laws of Utah 2018, Chapter 1
141          53E-6-502, as renumbered and amended by Laws of Utah 2018, Chapter 1
142          53E-6-503, as renumbered and amended by Laws of Utah 2018, Chapter 1
143          53E-6-504, as renumbered and amended by Laws of Utah 2018, Chapter 1
144          53E-6-505, as renumbered and amended by Laws of Utah 2018, Chapter 1
145          53E-6-506, as renumbered and amended by Laws of Utah 2018, Chapter 1
146          53E-6-602, as renumbered and amended by Laws of Utah 2018, Chapter 1
147          53E-6-603, as renumbered and amended by Laws of Utah 2018, Chapter 1
148          53E-6-604, as renumbered and amended by Laws of Utah 2018, Chapter 1
149          53E-6-605, as renumbered and amended by Laws of Utah 2018, Chapter 1
150          53E-6-607, as renumbered and amended by Laws of Utah 2018, Chapter 1
151          53E-6-701, as renumbered and amended by Laws of Utah 2018, Chapter 1

152          53E-6-702, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
153     amended by Laws of Utah 2018, Chapter 1
154          53E-6-703, as renumbered and amended by Laws of Utah 2018, Chapter 1
155          53E-6-801, as renumbered and amended by Laws of Utah 2018, Chapter 1
156          53E-6-802, as renumbered and amended by Laws of Utah 2018, Chapter 1
157          53E-6-902, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
158     amended by Laws of Utah 2018, Chapter 1
159          53E-7-202, as last amended by Laws of Utah 2018, Chapter 75 and renumbered and
160     amended by Laws of Utah 2018, Chapter 1
161          53E-7-204, as last amended by Laws of Utah 2018, Chapter 75 and renumbered and
162     amended by Laws of Utah 2018, Chapter 1
163          53E-7-208, as renumbered and amended by Laws of Utah 2018, Chapter 1
164          53E-7-301, as last amended by Laws of Utah 2018, Chapter 75 and renumbered and
165     amended by Laws of Utah 2018, Chapter 1
166          53E-7-304, as renumbered and amended by Laws of Utah 2018, Chapter 1
167          53E-8-102, as renumbered and amended by Laws of Utah 2018, Chapter 1
168          53E-8-201, as renumbered and amended by Laws of Utah 2018, Chapter 1
169          53E-8-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
170          53E-8-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
171          53E-8-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
172          53E-8-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
173          53E-8-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
174          53E-8-406, as renumbered and amended by Laws of Utah 2018, Chapter 1
175          53E-8-407, as renumbered and amended by Laws of Utah 2018, Chapter 1
176          53E-8-408, as renumbered and amended by Laws of Utah 2018, Chapter 1
177          53E-8-409, as renumbered and amended by Laws of Utah 2018, Chapter 1
178          53E-9-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
179          53E-9-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
180          53E-9-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
181          53E-9-301, as last amended by Laws of Utah 2018, Chapters 304, 389 and renumbered
182     and amended by Laws of Utah 2018, Chapter 1

183          53E-9-302, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
184     amended by Laws of Utah 2018, Chapter 1
185          53E-9-303, as renumbered and amended by Laws of Utah 2018, Chapter 1
186          53E-9-304, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
187     amended by Laws of Utah 2018, Chapter 1
188          53E-9-305, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
189     amended by Laws of Utah 2018, Chapter 1
190          53E-9-306, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
191     amended by Laws of Utah 2018, Chapter 1
192          53E-9-307, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
193     amended by Laws of Utah 2018, Chapter 1
194          53E-9-308, as last amended by Laws of Utah 2018, Chapters 285, 304 and renumbered
195     and amended by Laws of Utah 2018, Chapter 1
196          53E-9-309, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
197     amended by Laws of Utah 2018, Chapter 1
198          53E-9-310, as last amended by Laws of Utah 2018, Chapter 304 and renumbered and
199     amended by Laws of Utah 2018, Chapter 1
200          53E-10-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
201          53E-10-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
202          53E-10-206, as renumbered and amended by Laws of Utah 2018, Chapter 1
203          53E-10-302, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
204     amended by Laws of Utah 2018, Chapter 1
205          53E-10-304, as renumbered and amended by Laws of Utah 2018, Chapter 1
206          53E-10-308, as renumbered and amended by Laws of Utah 2018, Chapter 1
207          53E-10-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
208          53E-10-402, as renumbered and amended by Laws of Utah 2018, Chapter 1
209          53E-10-403, as renumbered and amended by Laws of Utah 2018, Chapter 1
210          53E-10-405, as renumbered and amended by Laws of Utah 2018, Chapter 1
211          53E-10-406, as renumbered and amended by Laws of Utah 2018, Chapter 1
212          53E-10-503, as renumbered and amended by Laws of Utah 2018, Chapter 1
213          53E-10-504, as renumbered and amended by Laws of Utah 2018, Chapter 1

214          53E-10-505, as renumbered and amended by Laws of Utah 2018, Chapter 1
215          53E-10-601, as renumbered and amended by Laws of Utah 2018, Chapter 1
216          53E-10-603, as renumbered and amended by Laws of Utah 2018, Chapter 1
217          53E-10-606, as renumbered and amended by Laws of Utah 2018, Chapter 1
218          53E-10-607, as renumbered and amended by Laws of Utah 2018, Chapter 1
219          53E-10-609, as renumbered and amended by Laws of Utah 2018, Chapter 1
220          53E-10-701, as enacted by Laws of Utah 2018, Chapter 341
221          53E-10-703, as enacted by Laws of Utah 2018, Chapter 341
222          53E-10-704, as enacted by Laws of Utah 2018, Chapter 341
223          53E-10-705, as enacted by Laws of Utah 2018, Chapter 341
224          53E-10-706, as enacted by Laws of Utah 2018, Chapter 341
225          53E-10-707, as enacted by Laws of Utah 2018, Chapter 341
226          53F-2-102, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
227     amended by Laws of Utah 2018, Chapter 2
228          53F-2-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
229          53F-2-203, as last amended by Laws of Utah 2018, Chapters 448, 456 and renumbered
230     and amended by Laws of Utah 2018, Chapter 2
231          53F-2-204, as renumbered and amended by Laws of Utah 2018, Chapter 2
232          53F-2-205, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
233     amended by Laws of Utah 2018, Chapter 2
234          53F-2-206, as renumbered and amended by Laws of Utah 2018, Chapter 2
235          53F-2-207, as renumbered and amended by Laws of Utah 2018, Chapter 2
236          53F-2-302, as renumbered and amended by Laws of Utah 2018, Chapter 2
237          53F-2-303, as enacted by Laws of Utah 2018, Chapter 2
238          53F-2-304, as renumbered and amended by Laws of Utah 2018, Chapter 2
239          53F-2-305, as renumbered and amended by Laws of Utah 2018, Chapter 2
240          53F-2-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
241          53F-2-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
242          53F-2-308, as renumbered and amended by Laws of Utah 2018, Chapter 2
243          53F-2-309, as renumbered and amended by Laws of Utah 2018, Chapter 2
244          53F-2-310, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and

245     amended by Laws of Utah 2018, Chapter 2
246          53F-2-311, as renumbered and amended by Laws of Utah 2018, Chapter 2
247          53F-2-312, as last amended by Laws of Utah 2018, Chapters 208, 300, 456 and
248     renumbered and amended by Laws of Utah 2018, Chapter 2
249          53F-2-313, as renumbered and amended by Laws of Utah 2018, Chapter 2
250          53F-2-401, as last amended by Laws of Utah 2018, Chapter 396 and renumbered and
251     amended by Laws of Utah 2018, Chapter 2
252          53F-2-402, as last amended by Laws of Utah 2018, Chapter 396 and renumbered and
253     amended by Laws of Utah 2018, Chapter 2
254          53F-2-403, as renumbered and amended by Laws of Utah 2018, Chapter 2
255          53F-2-404, as last amended by Laws of Utah 2018, Chapter 448 and renumbered and
256     amended by Laws of Utah 2018, Chapter 2
257          53F-2-405, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
258     amended by Laws of Utah 2018, Chapter 2
259          53F-2-407, as renumbered and amended by Laws of Utah 2018, Chapter 2
260          53F-2-408, as renumbered and amended by Laws of Utah 2018, Chapter 2
261          53F-2-409, as renumbered and amended by Laws of Utah 2018, Chapter 2
262          53F-2-410, as last amended by Laws of Utah 2018, Chapters 117, 165, 396 and
263     renumbered and amended by Laws of Utah 2018, Chapter 2
264          53F-2-411, as renumbered and amended by Laws of Utah 2018, Chapter 2
265          53F-2-413, as renumbered and amended by Laws of Utah 2018, Chapter 2
266          53F-2-501, as renumbered and amended by Laws of Utah 2018, Chapter 2
267          53F-2-502, as renumbered and amended by Laws of Utah 2018, Chapter 2 and repealed
268     and reenacted by Laws of Utah 2018, Chapter 98
269          53F-2-503, as last amended by Laws of Utah 2018, Chapters 300, 456 and renumbered
270     and amended by Laws of Utah 2018, Chapter 2
271          53F-2-504, as last amended by Laws of Utah 2018, Chapter 212 and renumbered and
272     amended by Laws of Utah 2018, Chapter 2
273          53F-2-505, as renumbered and amended by Laws of Utah 2018, Chapter 2
274          53F-2-506, as renumbered and amended by Laws of Utah 2018, Chapter 2
275          53F-2-507, as renumbered and amended by Laws of Utah 2018, Chapter 2

276          53F-2-508, as renumbered and amended by Laws of Utah 2018, Chapter 2
277          53F-2-509, as renumbered and amended by Laws of Utah 2018, Chapter 2
278          53F-2-510, as renumbered and amended by Laws of Utah 2018, Chapter 2
279          53F-2-511, as renumbered and amended by Laws of Utah 2018, Chapter 2
280          53F-2-512, as renumbered and amended by Laws of Utah 2018, Chapter 2
281          53F-2-513, as renumbered and amended by Laws of Utah 2018, Chapter 2
282          53F-2-514, as renumbered and amended by Laws of Utah 2018, Chapter 2
283          53F-2-517, as renumbered and amended by Laws of Utah 2018, Chapter 2
284          53F-2-518, as renumbered and amended by Laws of Utah 2018, Chapter 2
285          53F-2-519, as last amended by Laws of Utah 2018, Chapter 396 and renumbered and
286     amended by Laws of Utah 2018, Chapter 107
287          53F-2-601, as enacted by Laws of Utah 2018, Chapter 2
288          53F-2-702, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
289     amended by Laws of Utah 2018, Chapter 2
290          53F-2-703, as renumbered and amended by Laws of Utah 2018, Chapter 2
291          53F-2-704, as enacted by Laws of Utah 2018, Chapter 2 and last amended by Laws of
292     Utah 2018, Chapters 211, 300, 383, and 456
293          53F-2-705, as renumbered and amended by Laws of Utah 2018, Chapter 2
294          53F-3-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
295          53F-3-203, as renumbered and amended by Laws of Utah 2018, Chapter 2
296          53F-4-201, as renumbered and amended by Laws of Utah 2018, Chapter 2
297          53F-4-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
298          53F-4-203, as enacted by Laws of Utah 2018, Chapter 2
299          53F-4-204, as renumbered and amended by Laws of Utah 2018, Chapter 2
300          53F-4-205, as renumbered and amended by Laws of Utah 2018, Chapter 2
301          53F-4-206, as renumbered and amended by Laws of Utah 2018, Chapter 2
302          53F-4-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
303          53F-4-302, as last amended by Laws of Utah 2018, Chapter 168 and renumbered and
304     amended by Laws of Utah 2018, Chapter 2
305          53F-4-303, as last amended by Laws of Utah 2018, Chapter 168 and renumbered and
306     amended by Laws of Utah 2018, Chapter 2

307          53F-4-304, as last amended by Laws of Utah 2018, Chapter 168 and renumbered and
308     amended by Laws of Utah 2018, Chapter 2
309          53F-4-305, as last amended by Laws of Utah 2018, Chapter 168 and renumbered and
310     amended by Laws of Utah 2018, Chapter 2
311          53F-4-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
312          53F-4-401, as renumbered and amended by Laws of Utah 2018, Chapter 2
313          53F-4-402, as last amended by Laws of Utah 2018, Chapter 163 and renumbered and
314     amended by Laws of Utah 2018, Chapter 2
315          53F-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 2
316          53F-4-405, as renumbered and amended by Laws of Utah 2018, Chapter 2
317          53F-4-406, as renumbered and amended by Laws of Utah 2018, Chapter 2
318          53F-4-407, as renumbered and amended by Laws of Utah 2018, Chapter 2
319          53F-4-501, as renumbered and amended by Laws of Utah 2018, Chapter 2
320          53F-4-503, as renumbered and amended by Laws of Utah 2018, Chapter 2
321          53F-4-504, as renumbered and amended by Laws of Utah 2018, Chapter 2
322          53F-4-507, as renumbered and amended by Laws of Utah 2018, Chapter 2
323          53F-4-508, as renumbered and amended by Laws of Utah 2018, Chapter 2
324          53F-4-510, as renumbered and amended by Laws of Utah 2018, Chapter 2
325          53F-4-511, as renumbered and amended by Laws of Utah 2018, Chapter 2
326          53F-4-512, as renumbered and amended by Laws of Utah 2018, Chapter 2
327          53F-4-514, as renumbered and amended by Laws of Utah 2018, Chapter 2
328          53F-4-516, as renumbered and amended by Laws of Utah 2018, Chapter 2
329          53F-5-201, as renumbered and amended by Laws of Utah 2018, Chapter 2
330          53F-5-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
331          53F-5-203, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
332     amended by Laws of Utah 2018, Chapter 2
333          53F-5-204, as renumbered and amended by Laws of Utah 2018, Chapter 2
334          53F-5-205, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
335     amended by Laws of Utah 2018, Chapter 2
336          53F-5-207, as renumbered and amended by Laws of Utah 2018, Chapter 2
337          53F-5-208, as renumbered and amended by Laws of Utah 2018, Chapter 2

338          53F-5-209, as enacted by Laws of Utah 2018, Chapter 412
339          53F-5-210, as enacted by Laws of Utah 2018, Chapter 358
340          53F-5-211, as enacted by Laws of Utah 2018, Chapter 441
341          53F-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
342          53F-5-302, as renumbered and amended by Laws of Utah 2018, Chapter 2
343          53F-5-303, as renumbered and amended by Laws of Utah 2018, Chapter 2
344          53F-5-304, as renumbered and amended by Laws of Utah 2018, Chapter 2
345          53F-5-305, as renumbered and amended by Laws of Utah 2018, Chapter 2
346          53F-5-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
347          53F-5-401, as renumbered and amended by Laws of Utah 2018, Chapter 2
348          53F-5-402, as renumbered and amended by Laws of Utah 2018, Chapter 2
349          53F-5-403, as renumbered and amended by Laws of Utah 2018, Chapter 2
350          53F-5-404, as renumbered and amended by Laws of Utah 2018, Chapter 2
351          53F-5-405, as renumbered and amended by Laws of Utah 2018, Chapter 2
352          53F-5-406, as renumbered and amended by Laws of Utah 2018, Chapter 2
353          53F-5-501, as renumbered and amended by Laws of Utah 2018, Chapter 2
354          53F-5-502, as renumbered and amended by Laws of Utah 2018, Chapter 2
355          53F-5-503, as last amended by Laws of Utah 2018, Chapter 102 and renumbered and
356     amended by Laws of Utah 2018, Chapter 2
357          53F-5-504, as renumbered and amended by Laws of Utah 2018, Chapter 2
358          53F-5-505, as renumbered and amended by Laws of Utah 2018, Chapter 2
359          53F-5-506, as renumbered and amended by Laws of Utah 2018, Chapter 2
360          53F-5-601, as renumbered and amended by Laws of Utah 2018, Chapter 2
361          53F-5-602, as renumbered and amended by Laws of Utah 2018, Chapter 2
362          53F-5-603, as renumbered and amended by Laws of Utah 2018, Chapter 2
363          53F-6-201, as renumbered and amended by Laws of Utah 2018, Chapter 2
364          53F-6-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
365          53F-6-301, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and
366     amended by Laws of Utah 2018, Chapter 2
367          53F-6-304, as renumbered and amended by Laws of Utah 2018, Chapter 2
368          53F-6-309, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and

369     amended by Laws of Utah 2018, Chapter 2
370          53F-7-201, as renumbered and amended by Laws of Utah 2018, Chapter 2
371          53F-7-301, as enacted by Laws of Utah 2018, Chapter 2
372          53F-8-201, as renumbered and amended by Laws of Utah 2018, Chapter 2
373          53F-8-402, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
374     amended by Laws of Utah 2018, Chapter 2
375          53F-8-403, as enacted by Laws of Utah 2018, Chapter 2
376          53F-9-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
377          53F-9-203, as renumbered and amended by Laws of Utah 2018, Chapter 2
378          53F-9-206, as renumbered and amended by Laws of Utah 2018, Chapter 2
379          53F-9-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
380          53F-9-302, as last amended by Laws of Utah 2018, Chapter 456 and renumbered and
381     amended by Laws of Utah 2018, Chapter 2
382          53F-9-304, as last amended by Laws of Utah 2018, Chapters 249, 329 and renumbered
383     and amended by Laws of Utah 2018, Chapter 2
384          53F-9-305, as enacted by Laws of Utah 2018, Chapter 456
385          53F-9-306, as enacted by Laws of Utah 2018, Chapter 456
386          53F-9-401, as last amended by Laws of Utah 2018, Chapter 142 and renumbered and
387     amended by Laws of Utah 2018, Chapter 2
388          53F-9-501, as renumbered and amended by Laws of Utah 2018, Chapter 2
389     

390     Be it enacted by the Legislature of the state of Utah:
391          Section 1. Section 26-7-9 is amended to read:
392          26-7-9. Online public health education module.
393          (1) As used in this section:
394          (a) "Health care provider" means the same as that term is defined in Section
395     78B-3-403.
396          (b) "Nonimmune" means that a child or an individual:
397          (i) has not received each vaccine required in Section 53G-9-305 and has not developed
398     a natural immunity through previous illness to a vaccine-preventable disease, as documented
399     by a health care provider;

400          (ii) cannot receive each vaccine required in Section 53G-9-305; or
401          (iii) is otherwise known to not be immune to a vaccine-preventable disease.
402          (c) "Vaccine-preventable disease" means an infectious disease that can be prevented by
403     a vaccination required in Section 53G-9-305.
404          (2) The department shall develop an online education module regarding
405     vaccine-preventable diseases:
406          (a) to assist a parent of a nonimmune child to:
407          (i) recognize the symptoms of vaccine-preventable diseases;
408          (ii) respond in the case of an outbreak of a vaccine-preventable disease;
409          (iii) protect children who contract a vaccine-preventable disease; and
410          (iv) prevent the spread of vaccine-preventable diseases;
411          (b) that contains only the following:
412          (i) information about vaccine-preventable diseases necessary to achieve the goals
413     stated in Subsection (2)(a), including the best practices to prevent the spread of
414     vaccine-preventable diseases;
415          (ii) recommendations to reduce the likelihood of a nonimmune individual contracting
416     or transmitting a vaccine-preventable disease; and
417          (iii) information about additional available resources related to vaccine-preventable
418     diseases and the availability of low-cost vaccines;
419          (c) that includes interactive questions or activities; and
420          (d) that is expected to take an average user 20 minutes or less to complete, based on
421     user testing.
422          (3) In developing the online education module described in Subsection (2), the
423     department shall consult with individuals interested in vaccination or vaccine-preventable
424     diseases, including:
425          (a) representatives from organizations of health care professionals; and
426          (b) parents of nonimmune children.
427          (4) The department shall make the online education module described in Subsection
428     (2) publicly available to parents through:
429          (a) a link on the department's website;
430          (b) county health departments, as that term is defined in Section 26A-1-102;

431          (c) local health departments, as that term is defined in Section 26A-1-102;
432          (d) local education agencies, as that term is defined in Section [53E-3-401] 53E-1-102;
433     and
434          (e) other public health programs or organizations.
435          (5) The department shall report to the Health and Human Services Interim Committee
436     before November 30, 2018, regarding compliance with this section.
437          Section 2. Section 53E-1-102 is amended to read:
438          53E-1-102. Public education code definitions.
439          [As] Unless otherwise indicated, as used in this title, Title 53F, Public Education
440     System -- Funding, and Title 53G, Public Education System -- Local Administration[,]:
441          (1) "Charter agreement" means an agreement made in accordance with Section
442     53G-5-303 that authorizes the operation of a charter school.
443          (2) "Charter school governing board" means the board that governs a charter school.
444          (3) "District school" means a public school under the control of a local school board.
445          (4) "Individualized education program" or "IEP" means a written statement for a
446     student with a disability that is developed, reviewed, and revised in accordance with the
447     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
448          (5) "LEA governing board" means:
449          (a) for a school district, the local school board;
450          (b) for a charter school, the charter school governing board; or
451          (c) for the Utah Schools for the Deaf and the Blind, the state board.
452          (6) "Local education agency" or "LEA" means:
453          (a) a school district;
454          (b) a charter school; or
455          (c) the Utah Schools for the Deaf and the Blind.
456          (7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
457     Election of Members of Local Boards of Education.
458          (8) "Minimum School Program" means the same as that term is defined in Section
459     53F-2-102.
460          (9) "Parent" means a parent or legal guardian.
461          ["public] (10) "Public education code" means:

462          [(1)] (a) this title;
463          [(2)] (b) Title 53F, Public Education System -- Funding; and
464          [(3)] (c) Title 53G, Public Education System -- Local Administration.
465          (11) "Rule" means a rule made in accordance with Title 63G, Chapter 3, Utah
466     Administrative Rulemaking Act.
467          (12) "Section 504 accommodation plan" means a plan developed in accordance with
468     Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student with a
469     disability, to meet the student's educational needs and ensure equitable access to a free
470     appropriate public education.
471          (13) "State board" means the State Board of Education.
472          (14) "State superintendent" means the state superintendent of public instruction
473     appointed under Section 53E-3-301.
474          Section 3. Section 53E-2-201 is amended to read:
475          53E-2-201. Policy for Utah's public education system.
476          (1) (a) The continuous cultivation of an informed and virtuous citizenry among
477     succeeding generations is essential to the state and the nation.
478          (b) The state's public education system is established and maintained as provided in
479     Utah Constitution, Article X, and this public education code.
480          (c) Parents [and guardians] have the primary responsibility for the education of their
481     children and elect representatives in the Legislature and on state and local school boards to
482     administer the state public education system, which provides extensive support and assistance.
483     All children of the state are entitled to a free elementary and secondary public education as
484     provided in Utah Constitution, Article X.
485          (d) Public schools fulfill a vital purpose in the education and preparation of informed
486     and responsible citizens who:
487          (i) fully understand and lawfully exercise their individual rights and liberties;
488          (ii) become self-reliant and able to provide for themselves and their families; and
489          (iii) contribute to the public good and the health, welfare, and security of the state and
490     the nation.
491          (2) In the implementation of all policies, programs, and responsibilities adopted in
492     accordance with this public education code, the Legislature, the [State Board of Education]

493     state board, local school boards, and charter school governing boards shall:
494          (a) respect, protect, and further the interests of parents [and guardians] in their
495     children's public education; and
496          (b) promote and encourage full and active participation and involvement of parents
497     [and guardians] at all public schools.
498          Section 4. Section 53E-2-202 is amended to read:
499          53E-2-202. Planning for Utah's public education system.
500          (1) Before November 30, 2016, the [State Board of Education] state board shall:
501          (a) (i) prepare a report that summarizes, for the last 15 years or more, the policies and
502     programs established by, and the performance history of, the state's public education system;
503     and
504          (ii) prepare a formal 10-year plan for the state's public education system, including
505     recommendations to:
506          (A) repeal outdated policies and programs; and
507          (B) clarify and correlate current policies and programs; and
508          (b) submit the report and plan described in Subsection (1)(a) to the Education Interim
509     Committee for review and recommendations.
510          (2) The [State Board of Education] state board shall review and maintain the 10-year
511     plan described in Subsection (1)(a)(ii) and submit the updated plan to the Education Interim
512     Committee for review and approval at least once every five years.
513          Section 5. Section 53E-2-301 is amended to read:
514          53E-2-301. Public education's vision and mission.
515          (1) The Legislature envisions an educated citizenry that encompasses the following
516     foundational principles:
517          (a) citizen participation in civic and political affairs;
518          (b) economic prosperity for the state by graduating students who are college and career
519     ready;
520          (c) strong moral and social values; and
521          (d) loyalty and commitment to constitutional government.
522          (2) The Legislature recognizes that public education's mission is to assure Utah the best
523     educated citizenry in the world and each individual the training to succeed in a global society

524     by providing students with:
525          (a) learning and occupational skills;
526          (b) character development;
527          (c) literacy and numeracy;
528          (d) high quality instruction;
529          (e) curriculum based on high standards and relevance; and
530          (f) effective assessment to inform high quality instruction and accountability.
531          (3) The Legislature:
532          (a) recognizes that parents [or guardians] are a child's first teachers and are responsible
533     for the education of their children;
534          (b) encourages family engagement and adequate preparation so that students enter the
535     public education system ready to learn; and
536          (c) intends that the mission detailed in Subsection (2) be carried out through a
537     responsive educational system that guarantees local school communities autonomy, flexibility,
538     and client choice, while holding them accountable for results.
539          (4) This section will be applied consistent with Section 53G-10-204.
540          Section 6. Section 53E-2-302 is amended to read:
541          53E-2-302. Characteristics of public education system.
542          The Legislature shall assist in maintaining a public education system that has the
543     following characteristics:
544          (1) assumes that all students have the ability to learn and that each student departing
545     the system will be prepared to achieve success in productive employment, further education, or
546     both;
547          (2) provides a personalized education plan or personalized education occupation plan
548     for each student, which involves the student, the student's parent [or guardian], and school
549     personnel in establishing the plan;
550          (3) provides students with the knowledge and skills to take responsibility for their
551     decisions and to make appropriate choices;
552          (4) provides opportunities for students to exhibit the capacity to learn, think, reason,
553     and work effectively, individually and in groups;
554          (5) offers world-class core standards that enable students to successfully compete in a

555     global society, and to succeed as citizens of a constitutional republic;
556          (6) incorporates an information retrieval system that provides students, parents, and
557     educators with reliable, useful, and timely data on the progress of each student;
558          (7) attracts, prepares, inducts, and retains excellent teachers for every classroom in
559     large part through collaborative efforts among the [State Board of Education] state board, the
560     State Board of Regents, and school districts, provides effective ongoing professional
561     development opportunities for teachers to improve their teaching skills, and provides
562     recognition, rewards, and compensation for their excellence;
563          (8) empowers each school district and public school to create its own vision and plan
564     to achieve results consistent with the objectives outlined in this part;
565          (9) uses technology to improve teaching and learning processes and for the delivery of
566     educational services;
567          (10) promotes ongoing research and development projects at the district and the school
568     level that are directed at improving or enhancing public education;
569          (11) offers a public school choice program, which gives students and their parents
570     options to best meet the student's personalized education needs;
571          (12) emphasizes the involvement of educators, parents, business partnerships, and the
572     community at large in the educational process by allowing them to be involved in establishing
573     and implementing educational goals and participating in decision-making at the school site;
574     and
575          (13) emphasizes competency-based standards and progress-based assessments,
576     including tracking and measurement systems.
577          Section 7. Section 53E-2-303 is amended to read:
578          53E-2-303. Parental participation in educational process -- Employer support.
579          (1) The Legislature recognizes the importance of parental participation in the
580     educational process in order for students to achieve and maintain high levels of performance.
581          (2) It is, therefore, the policy of the state to:
582          (a) encourage parents to provide a home environment that values education and send
583     their children to school prepared to learn;
584          (b) rely upon school districts and schools to provide opportunities for parents of
585     students to be involved in establishing and implementing educational goals for their respective

586     schools and students; and
587          (c) expect employers to recognize the need for parents and members of the community
588     to participate in the public education system in order to help students achieve and maintain
589     excellence.
590          (3) (a) Each local school board shall adopt a policy on parental involvement in the
591     schools of the district.
592          (b) The local school board shall design its policy to build consistent and effective
593     communication among parents, teachers, and administrators.
594          (c) The policy shall provide parents with the opportunity to be actively involved in
595     their children's education and to be informed of:
596          (i) the importance of the involvement of parents in directly affecting the success of
597     their children's educational efforts; and
598          (ii) groups and organizations that may provide instruction and training to parents to
599     help improve their children's academic success and support their academic efforts.
600          Section 8. Section 53E-2-304 is amended to read:
601          53E-2-304. School district and individual school powers -- Plan for college and
602     career readiness definition.
603          (1) In order to acquire and develop the characteristics listed in Section 53E-2-302, each
604     school district and each public school within its respective district shall implement a
605     comprehensive system of accountability in which students advance through public schools by
606     demonstrating competency in the core standards for Utah public schools through the use of
607     diverse assessment instruments such as authentic assessments, projects, and portfolios.
608          (2) (a) Each school district and public school shall:
609          (i) develop and implement programs integrating technology into the curriculum,
610     instruction, and student assessment;
611          (ii) provide for teacher and parent involvement in policymaking at the school site;
612          (iii) implement a public school choice program to give parents, students, and teachers
613     greater flexibility in designing and choosing among programs with different focuses through
614     schools within the same district and other districts, subject to space availability, demographics,
615     and legal and performance criteria;
616          (iv) establish strategic planning at both the district and school level and site-based

617     decision making programs at the school level;
618          (v) provide opportunities for each student to acquire and develop academic and
619     occupational knowledge, skills, and abilities;
620          (vi) participate in ongoing research and development projects primarily at the school
621     level aimed at improving the quality of education within the system; and
622          (vii) involve business and industry in the education process through the establishment
623     of partnerships with the business community at the district and school level.
624          (b) (i) As used in this section, "plan for college and career readiness" means a plan
625     developed by a student and the student's parent [or guardian], in consultation with school
626     counselors, teachers, and administrators that:
627          (A) is initiated at the beginning of grade 7;
628          (B) identifies a student's skills and objectives;
629          (C) maps out a strategy to guide a student's course selection; and
630          (D) links a student to post-secondary options, including higher education and careers.
631          (ii) Each local school board, in consultation with school personnel, parents, and school
632     community councils or similar entities shall establish policies to provide for the effective
633     implementation of an individual learning plan or a plan for college and career readiness for
634     each student at the school site.
635          (iii) The policies shall include guidelines and expectations for:
636          (A) recognizing the student's accomplishments, strengths, and progress toward meeting
637     student achievement standards as defined in the core standards for Utah public schools;
638          (B) planning, monitoring, and managing education and career development; and
639          (C) involving students, parents, and school personnel in preparing and implementing
640     an individual learning plan and a plan for college and career readiness.
641          (iv) A parent may request a conference with school personnel in addition to an
642     individual learning plan or a plan for college and career readiness conference established by
643     local school board policy.
644          (v) Time spent during the school day to implement an individual learning plan or a
645     plan for college and career readiness is considered part of the school term described in Section
646     53F-2-102 .
647          (3) A school district or public school may submit proposals to modify or waive rules or

648     policies of a supervisory authority within the public education system in order to acquire or
649     develop the characteristics listed in Section 53E-2-302.
650          (4) (a) Each school district and public school shall make an annual report to its patrons
651     on its activities under this section.
652          (b) The reporting process shall involve participation from teachers, parents, and the
653     community at large in determining how well the district or school is performing.
654          Section 9. Section 53E-3-201 is amended to read:
655          53E-3-201. State board members -- Election and appointment of officers --
656     Removal from office.
657          (1) Members of the [State Board of Education] state board shall be nominated and
658     elected as provided in Title 20A, Chapter 14, Nomination and Election of State and Local
659     School Boards.
660          (2) The [State Board of Education] state board shall elect from its members a chair,
661     and at least one vice chair, but no more than three vice chairs, every other year at a meeting
662     held any time between November 15 and January 15.
663          (3) (a) If the election of officers is held subsequent to the election of a new member of
664     the state board, but prior to the time that the new member takes office, the new member shall
665     assume the position of the outgoing member for purposes of the election of officers.
666          (b) In all other matters the outgoing member shall retain the full authority of the office
667     until replaced as provided by law.
668          (4) The duties of these officers shall be determined by the state board.
669          (5) The state board shall appoint a secretary who serves at the pleasure of the state
670     board.
671          (6) An officer appointed or elected by the state board under this section may be
672     removed from office for cause by a vote of two-thirds of the state board.
673          Section 10. Section 53E-3-202 is amended to read:
674          53E-3-202. Compensation for members of the state board -- Insurance -- Per
675     diem and expenses.
676          (1) The salary for a member of the [State Board of Education] state board is set in
677     accordance with Section 36-2-3.
678          (2) Compensation for a member of the [State Board of Education] state board is

679     payable monthly.
680          (3) A [State Board of Education] state board member may participate in any group
681     insurance plan provided to employees of the [State Board of Education] state board as part of
682     the [State Board of Education] state board member's compensation on the same basis as
683     required for employee participation.
684          (4) In addition to the provisions of Subsections (1) and (3), a [State Board of
685     Education] state board member may receive per diem and travel expenses in accordance with:
686          (a) Section 63A-3-106;
687          (b) Section 63A-3-107; and
688          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
689     63A-3-107.
690          Section 11. Section 53E-3-203 is amended to read:
691          53E-3-203. State board meetings -- Quorum requirements.
692          (1) The [State Board of Education] state board shall meet at the call of the chairman
693     and at least 11 times each year.
694          (2) A majority of all members is required to validate an act of the [State Board of
695     Education] state board.
696          Section 12. Section 53E-3-204 is amended to read:
697          53E-3-204. Gross neglect of duty -- Nonpayment of salary or expenses.
698          (1) Failure of a member of the [State Board of Education or of a governing board of a
699     branch or division of the public school system] state board or of an LEA governing board to
700     carry out responsibilities assigned by law or to comply with rules of the [State Board of
701     Education] state board is gross neglect of duty.
702          (2) Salary or expenses shall not be paid for work which violates rules of the state
703     board.
704          Section 13. Section 53E-3-301 is amended to read:
705          53E-3-301. Appointment -- Qualifications -- Duties.
706          (1) (a) The [State Board of Education] state board shall appoint a state superintendent
707     of public instruction, [hereinafter called the state superintendent,] who is the executive officer
708     of the [State Board of Education] state board and serves at the pleasure of the [State Board of
709     Education] state board.

710          (b) The [State Board of Education] state board shall appoint the state superintendent on
711     the basis of outstanding professional qualifications.
712          (c) The state superintendent shall administer all programs assigned to the [State Board
713     of Education] state board in accordance with the policies and the standards established by the
714     [State Board of Education] state board.
715          (2) The [State Board of Education] state board shall, with the state superintendent,
716     develop a statewide education strategy focusing on core academics, including the development
717     of:
718          (a) core standards for Utah public schools and graduation requirements;
719          (b) a process to select model instructional materials that best correlate with the core
720     standards for Utah public schools and graduation requirements that are supported by generally
721     accepted scientific standards of evidence;
722          (c) professional development programs for teachers, superintendents, and principals;
723          (d) model remediation programs;
724          (e) a model method for creating individual student learning targets, and a method of
725     measuring an individual student's performance toward those targets;
726          (f) progress-based assessments for ongoing performance evaluations of school districts
727     and schools;
728          (g) incentives to achieve the desired outcome of individual student progress in core
729     academics that do not create disincentives for setting high goals for the students;
730          (h) an annual report card for school and school district performance, measuring
731     learning and reporting progress-based assessments;
732          (i) a systematic method to encourage innovation in schools and school districts as each
733     strives to achieve improvement in performance; and
734          (j) a method for identifying and sharing best demonstrated practices across school
735     districts and schools.
736          (3) The state superintendent shall perform duties assigned by the [State Board of
737     Education] state board, including:
738          (a) investigating all matters pertaining to the public schools;
739          (b) adopting and keeping an official seal to authenticate the state superintendent's
740     official acts;

741          (c) holding and conducting meetings, seminars, and conferences on educational topics;
742          (d) presenting to the governor and the Legislature each December a report of the public
743     school system for the preceding year that includes:
744          (i) data on the general condition of the schools with recommendations considered
745     desirable for specific programs;
746          (ii) a complete statement of fund balances;
747          (iii) a complete statement of revenues by fund and source;
748          (iv) a complete statement of adjusted expenditures by fund, the status of bonded
749     indebtedness, the cost of new school plants, and school levies;
750          (v) a complete statement of state funds allocated to each school district and charter
751     school by source, including supplemental appropriations, and a complete statement of
752     expenditures by each school district and charter school, including supplemental appropriations,
753     by function and object as outlined in the United States Department of Education publication
754     "Financial Accounting for Local and State School Systems";
755          (vi) a statement that includes data on:
756          (A) fall enrollments;
757          (B) average membership;
758          (C) high school graduates;
759          (D) licensed and classified employees, including data reported by school districts on
760     educator ratings pursuant to Section 53G-11-511;
761          (E) pupil-teacher ratios;
762          (F) average class sizes;
763          (G) average salaries;
764          (H) applicable private school data; and
765          (I) data from statewide assessments described in Section 53E-4-301 for each school
766     and school district;
767          (vii) statistical information regarding incidents of delinquent activity in the schools or
768     at school-related activities with separate categories for:
769          (A) alcohol and drug abuse;
770          (B) weapon possession;
771          (C) assaults; and

772          (D) arson;
773          (viii) information about:
774          (A) the development and implementation of the strategy of focusing on core
775     academics;
776          (B) the development and implementation of competency-based education and
777     progress-based assessments; and
778          (C) the results being achieved under Subsections (3)(d)(viii)(A) and (B), as measured
779     by individual progress-based assessments and a comparison of Utah students' progress with the
780     progress of students in other states using standardized norm-referenced tests as benchmarks;
781     and
782          (ix) other statistical and financial information about the school system that the state
783     superintendent considers pertinent;
784          (e) collecting and organizing education data into an automated decision support system
785     to facilitate school district and school improvement planning, accountability reporting,
786     performance recognition, and the evaluation of educational policy and program effectiveness to
787     include:
788          (i) data that are:
789          (A) comparable across schools and school districts;
790          (B) appropriate for use in longitudinal studies; and
791          (C) comprehensive with regard to the data elements required under applicable state or
792     federal law or [State Board of Education] state board rule;
793          (ii) features that enable users, most particularly school administrators, teachers, and
794     parents, to:
795          (A) retrieve school and school district level data electronically;
796          (B) interpret the data visually; and
797          (C) draw conclusions that are statistically valid; and
798          (iii) procedures for the collection and management of education data that:
799          (A) require the state superintendent to:
800          (I) collaborate with school districts and charter schools in designing and implementing
801     uniform data standards and definitions;
802          (II) undertake or sponsor research to implement improved methods for analyzing

803     education data;
804          (III) provide for data security to prevent unauthorized access to or contamination of the
805     data; and
806          (IV) protect the confidentiality of data under state and federal privacy laws; and
807          (B) require all school districts and schools to comply with the data collection and
808     management procedures established under Subsection (3)(e);
809          (f) administering and implementing federal educational programs in accordance with
810     Part 8, Implementing Federal or National Education Programs; and
811          (g) with the approval of the [State Board of Education] state board, preparing and
812     submitting to the governor a budget for the [State Board of Education] state board to be
813     included in the budget that the governor submits to the Legislature.
814          (4) The state superintendent shall distribute funds deposited in the Autism Awareness
815     Restricted Account created in Section 53F-9-401 in accordance with the requirements of
816     Section 53F-9-401.
817          (5) Upon leaving office, the state superintendent shall deliver to the state
818     superintendent's successor all books, records, documents, maps, reports, papers, and other
819     articles pertaining to the state superintendent's office.
820          (6) (a) For the purposes of Subsection (3)(d)(vi):
821          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
822     students enrolled in a school by the number of full-time equivalent teachers assigned to the
823     school, including regular classroom teachers, school-based specialists, and special education
824     teachers;
825          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
826     the schools within a school district;
827          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
828     pupil-teacher ratio of charter schools in the state; and
829          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
830     pupil-teacher ratio of public schools in the state.
831          (b) The printed copy of the report required by Subsection (3)(d) shall:
832          (i) include the pupil-teacher ratio for:
833          (A) each school district;

834          (B) the charter schools aggregated; and
835          (C) the state's public schools aggregated; and
836          (ii) identify a website where pupil-teacher ratios for each school in the state may be
837     accessed.
838          Section 14. Section 53E-3-302 is amended to read:
839          53E-3-302. Compensation of state superintendent -- Other state board employees.
840          (1) The state board shall establish the compensation of the state superintendent.
841          (2) The state board may, as necessary for the proper administration and supervision of
842     the public school system:
843          (a) appoint other employees; and
844          (b) delegate appropriate duties and responsibilities to state board employees.
845          (3) The compensation and duties of state board employees shall be established by the
846     state board and paid from money appropriated for that purpose.
847          Section 15. Section 53E-3-303 is amended to read:
848          53E-3-303. Advice by state superintendent -- Written opinions.
849          (1) The state superintendent shall advise superintendents, [school] LEA governing
850     boards, and other school officers upon all matters involving the welfare of the schools.
851          (2) The state superintendent shall, when requested by district superintendents or other
852     school officers, provide written opinions on questions of public education, administrative
853     policy, and procedure, but not upon questions of law.
854          (3) Upon request by the state superintendent, the attorney general shall issue written
855     opinions on questions of law.
856          (4) Opinions issued under this section shall be considered to be correct and final unless
857     set aside by a court of competent jurisdiction or by subsequent legislation.
858          Section 16. Section 53E-3-401 is amended to read:
859          53E-3-401. Powers of the state board -- Adoption of rules -- Enforcement --
860     Attorney.
861          (1) As used in this section:
862          [(a) "Board" means the State Board of Education.]
863          [(b)] (a) "Education entity" means:
864           (i) an entity that receives a distribution of state funds through a grant program managed

865     by the state board under this public education code;
866           (ii) an entity that enters into a contract with the state board to provide an educational
867     good or service;
868           (iii) a school district; or
869           (iv) a charter school.
870          [(c)] (b) "Educational good or service" means a good or service that is required or
871     regulated under:
872          (i) this public education code; or
873          (ii) a rule authorized under this public education code.
874          [(d) "Local education agency" or "LEA" means:]
875          [(i) a school district;]
876          [(ii) a charter school; or]
877          [(iii) the Utah Schools for the Deaf and the Blind.]
878          (2) (a) The [State Board of Education] state board has general control and supervision
879     of the state's public education system.
880          (b) "General control and supervision" as used in Utah Constitution, Article X, Section
881     3, means directed to the whole system.
882          (3) The state board may not govern, manage, or operate school districts, institutions,
883     and programs, unless granted that authority by statute.
884          [(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
885     the]
886          (4) (a) The state board may make rules to execute the state board's duties and
887     responsibilities under the Utah Constitution and state law.
888          (b) The state board may delegate the state board's statutory duties and responsibilities
889     to state board employees.
890          (5) (a) The state board may sell any interest it holds in real property upon a finding by
891     the state board that the property interest is surplus.
892          (b) The state board may use the money it receives from a sale under Subsection (5)(a)
893     for capital improvements, equipment, or materials, but not for personnel or ongoing costs.
894          (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
895     or institution administered by the state board, the money may only be used for purposes related

896     to the agency or institution.
897          (d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
898     related matters during the next following session of the Legislature.
899          (6) The state board shall develop policies and procedures related to federal educational
900     programs in accordance with Part 8, Implementing Federal or National Education Programs.
901          (7) On or before December 31, 2010, the [State Board of Education] state board shall
902     review mandates or requirements provided for in state board rule to determine whether certain
903     mandates or requirements could be waived to remove funding pressures on public schools on a
904     temporary basis.
905          (8) (a) If an education entity violates this public education code or rules authorized
906     under this public education code, the state board may, in accordance with the rules described in
907     Subsection (8)(c):
908          (i) require the education entity to enter into a corrective action agreement with the state
909     board;
910          (ii) temporarily or permanently withhold state funds from the education entity;
911          (iii) require the education entity to pay a penalty; or
912          (iv) require the education entity to reimburse specified state funds to the state board.
913          (b) Except for temporarily withheld funds, if the state board collects state funds under
914     Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
915          [(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
916     the]
917          (c) The state board shall make rules:
918          (i) that require notice and an opportunity to be heard for an education entity affected by
919     a state board action described in Subsection (8)(a); and
920          (ii) to administer this Subsection (8).
921          (d) (i) An individual may bring a violation of statute or state board rule to the attention
922     of the state board in accordance with a process described in rule adopted by the state board.
923          (ii) If the state board identifies a violation of statute or state board rule as a result of the
924     process described in Subsection (8)(d)(i), the state board may take action in accordance with
925     this section.
926          (e) The state board shall report criminal conduct of an education entity to the district

927     attorney of the county where the education entity is located.
928          (9) The state board may audit the use of state funds by an education entity that receives
929     those state funds as a distribution from the state board.
930          (10) The state board may require[,] by rule [made in accordance with Title 63G,
931     Chapter 3, Utah Administrative Rulemaking Act,] that if an LEA contracts with a third party
932     contractor for an educational good or service, the LEA shall require in the contract that the
933     third party contractor shall provide, upon request of the LEA, information necessary for the
934     LEA to verify that the educational good or service complies with:
935          (a) this public education code; and
936          (b) state board rule authorized under this public education code.
937          (11) (a) The state board may appoint an attorney to provide legal advice to the state
938     board and coordinate legal affairs for the state board and the state board's employees.
939          (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
940     Attorney General.
941          (c) An attorney described in Subsection (11)(a) may not:
942          (i) conduct litigation;
943          (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
944     or
945          (iii) issue formal legal opinions.
946          (12) The state board shall ensure that any training or certification that an employee of
947     the public education system is required to complete under this title or by rule complies with
948     Title 63G, Chapter 22, State Training and Certification Requirements.
949          Section 17. Section 53E-3-402 is amended to read:
950          53E-3-402. Acceptance of gifts, endowments, devises, and bequests.
951          (1) The [State Board of Education] state board, on its own behalf or on behalf of an
952     educational institution for which the state board is the direct governing body, may accept
953     private grants, loans, gifts, endowments, devises, or bequests which are made for educational
954     purposes.
955          (2) These contributions are not subject to appropriation by the Legislature.
956          Section 18. Section 53E-3-403 is amended to read:
957          53E-3-403. Establishment of public education foundations -- Powers and duties --

958     Tax exempt status.
959          (1) The [State Board of Education] state board, a local school board, or the Utah
960     Schools for the Deaf and the Blind may establish foundations to:
961          (a) assist in the development and implementation of programs to promote educational
962     excellence; and
963          (b) assist in the accomplishment of other education-related objectives.
964          (2) A foundation established under Subsection (1):
965          (a) may solicit and receive contributions from private enterprises for the purpose of this
966     section;
967          (b) shall comply with Title 51, Chapter 7, State Money Management Act, and rules
968     made under the act;
969          (c) has no power or authority to incur contractual obligations or liabilities that
970     constitute a claim against public funds except as provided in this section;
971          (d) may not exercise executive, administrative, or rulemaking authority over the
972     programs described in this section, except to the extent specifically authorized by the
973     responsible school board;
974          (e) is exempt from all taxes levied by the state or any of its political subdivisions with
975     respect to activities conducted under this section;
976          (f) may participate in the Risk Management Fund under Section 63A-4-204;
977          (g) shall provide a school with information detailing transactions and balances of funds
978     managed for that school;
979          (h) shall, for foundation accounts from which money is distributed to schools, provide
980     all the schools within a school district information that:
981          (i) details account transactions; and
982          (ii) shows available balances in the accounts; and
983          (i) may not:
984          (i) engage in lobbying activities;
985          (ii) attempt to influence legislation; or
986          (iii) participate in any campaign activity for or against:
987          (A) a political candidate; or
988          (B) an initiative, referendum, proposed constitutional amendment, bond, or any other

989     ballot proposition submitted to the voters.
990          (3) A local school board that establishes a foundation under Subsection (1) shall:
991          (a) require the foundation to:
992          (i) use the school district's accounting system; or
993          (ii) follow written accounting policies established by the local school board;
994          (b) review and approve the foundation's accounting, purchasing, and check issuance
995     policies to ensure that there is an adequate separation of responsibilities; and
996          (c) approve procedures to verify that issued foundation payments have been properly
997     approved.
998          Section 19. Section 53E-3-501 is amended to read:
999          53E-3-501. State board to establish miscellaneous minimum standards for public
1000     schools.
1001          (1) The [State Board of Education] state board shall establish rules and minimum
1002     standards for the public schools that are consistent with this public education code, including
1003     rules and minimum standards governing the following:
1004          (a) (i) the qualification and certification of educators and ancillary personnel who
1005     provide direct student services;
1006          (ii) required school administrative and supervisory services; and
1007          (iii) the evaluation of instructional personnel;
1008          (b) (i) access to programs;
1009          (ii) attendance;
1010          (iii) competency levels;
1011          (iv) graduation requirements; and
1012          (v) discipline and control;
1013          (c) (i) school accreditation;
1014          (ii) the academic year;
1015          (iii) alternative and pilot programs;
1016          (iv) curriculum and instruction requirements;
1017          (v) school libraries; and
1018          (vi) services to:
1019          (A) persons with a disability as defined by and covered under:

1020          (I) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;
1021          (II) the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and
1022          (III) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and
1023          (B) other special groups;
1024          (d) (i) state reimbursed bus routes;
1025          (ii) bus safety and operational requirements; and
1026          (iii) other transportation needs; and
1027          (e) (i) school productivity and cost effectiveness measures;
1028          (ii) federal programs;
1029          (iii) school budget formats; and
1030          (iv) financial, statistical, and student accounting requirements.
1031          (2) The [State Board of Education] state board shall determine if:
1032          (a) the minimum standards have been met; and
1033          (b) required reports are properly submitted.
1034          (3) The [State Board of Education] state board may apply for, receive, administer, and
1035     distribute to eligible applicants funds made available through programs of the federal
1036     government.
1037          (4) (a) A technical college listed in Section 53B-2a-105 shall provide
1038     competency-based career and technical education courses that fulfill high school graduation
1039     requirements, as requested and authorized by the [State Board of Education] state board.
1040          (b) A school district may grant a high school diploma to a student participating in a
1041     course described in Subsection (4)(a) that is provided by a technical college listed in Section
1042     53B-2a-105.
1043          Section 20. Section 53E-3-503 is amended to read:
1044          53E-3-503. Education of individuals in custody of or receiving services from
1045     certain state agencies -- Establishment of coordinating council -- Advisory councils.
1046          [(1) For purposes of this section, "board" means the State Board of Education.]
1047          [(2)] (1) (a) The state board is directly responsible for the education of all individuals
1048     who are:
1049          (i) (A) younger than 21 years old; or
1050          (B) students with disabilities entitled to a free, appropriate public education as

1051     described in Section 53E-7-202; and
1052          (ii) (A) receiving services from the Department of Human Services;
1053          (B) in the custody of an equivalent agency of a Native American tribe recognized by
1054     the United States Bureau of Indian Affairs and whose custodial parent [or legal guardian]
1055     resides within the state; or
1056          (C) being held in a juvenile detention facility.
1057          (b) The state board shall make rules[, in accordance with Title 63G, Chapter 3, Utah
1058     Administrative Rulemaking Act,] to provide for the distribution of funds for the education of
1059     individuals described in Subsection [(2)] (1)(a).
1060          [(3)] (2) Subsection [(2)] (1)(a)(ii)(B) does not apply to an individual taken into
1061     custody for the primary purpose of obtaining access to education programs provided for youth
1062     in custody.
1063          [(4)] (3) The state board shall, where feasible, contract with school districts or other
1064     appropriate agencies to provide educational, administrative, and supportive services, but the
1065     state board shall retain responsibility for the programs.
1066          [(5)] (4) The Legislature shall establish and maintain separate education budget
1067     categories for youth in custody or who are under the jurisdiction of the following state
1068     agencies:
1069          (a) detention centers and the Divisions of Juvenile Justice Services and Child and
1070     Family Services;
1071          (b) the Division of Substance Abuse and Mental Health; and
1072          (c) the Division of Services for People with Disabilities.
1073          [(6)] (5) (a) The Department of Human Services and the state board shall appoint a
1074     coordinating council to plan, coordinate, and recommend budget, policy, and program
1075     guidelines for the education and treatment of persons in the custody of the Division of Juvenile
1076     Justice Services and the Division of Child and Family Services.
1077          (b) The Department of Human Services and the state board may appoint similar
1078     councils for those in the custody of the Division of Substance Abuse and Mental Health or the
1079     Division of Services for People with Disabilities.
1080          [(7)] (6) A school district contracting to provide services under Subsection [(4)] (3)
1081     shall establish an advisory council to plan, coordinate, and review education and treatment

1082     programs for individuals held in custody in the district.
1083          Section 21. Section 53E-3-504 is amended to read:
1084          53E-3-504. Child literacy program -- Coordinated activities.
1085          (1) The [State Board of Education] state board, through the state superintendent [of
1086     public instruction], shall provide for a public service campaign to educate parents on the
1087     importance of providing their children with opportunities to develop emerging literacy skills
1088     through a statewide "Read to Me" program.
1089          (2) The state board shall coordinate its activities under this section with other state and
1090     community entities that are engaged in child literacy programs in order to maximize its efforts
1091     and resources, including the Utah Commission on National and Community Service.
1092          Section 22. Section 53E-3-505 is amended to read:
1093          53E-3-505. Financial and economic literacy education.
1094          (1) As used in this section:
1095          (a) "Financial and economic activities" include activities related to the topics listed in
1096     Subsection (1)(b).
1097          (b) "Financial and economic literacy concepts" include concepts related to the
1098     following topics:
1099          (i) basic budgeting;
1100          (ii) saving and financial investments;
1101          (iii) banking and financial services, including balancing a checkbook or a bank account
1102     and online banking services;
1103          (iv) career management, including earning an income;
1104          (v) rights and responsibilities of renting or buying a home;
1105          (vi) retirement planning;
1106          (vii) loans and borrowing money, including interest, credit card debt, predatory
1107     lending, and payday loans;
1108          (viii) insurance;
1109          (ix) federal, state, and local taxes;
1110          (x) charitable giving;
1111          (xi) online commerce;
1112          (xii) identity fraud and theft;

1113          (xiii) negative financial consequences of gambling;
1114          (xiv) bankruptcy;
1115          (xv) free markets and prices;
1116          (xvi) supply and demand;
1117          (xvii) monetary and fiscal policy;
1118          (xviii) effective business plan creation, including using economic analysis in creating a
1119     plan;
1120          (xix) scarcity and choices;
1121          (xx) opportunity cost and tradeoffs;
1122          (xxi) productivity;
1123          (xxii) entrepreneurism; and
1124          (xxiii) economic reasoning.
1125          (c) "Financial and economic literacy passport" means a document that tracks mastery
1126     of financial and economic literacy concepts and completion of financial and economic
1127     activities in kindergarten through grade 12.
1128          (d) "General financial literacy course" means the course of instruction described in
1129     Section 53E-4-204.
1130          (2) The [State Board of Education] state board shall:
1131          (a) in cooperation with interested private and nonprofit entities:
1132          (i) develop a financial and economic literacy passport that students may elect to
1133     complete;
1134          (ii) develop methods of encouraging parent and educator involvement in completion of
1135     the financial and economic literacy passport; and
1136          (iii) develop and implement appropriate recognition and incentives for students who
1137     complete the financial and economic literacy passport, including:
1138          (A) a financial and economic literacy endorsement on the student's diploma of
1139     graduation;
1140          (B) a specific designation on the student's official transcript; and
1141          (C) any incentives offered by community partners;
1142          (b) more fully integrate existing and new financial and economic literacy education
1143     into instruction in kindergarten through grade 12 by:

1144          (i) coordinating financial and economic literacy instruction with existing instruction in
1145     other areas of the core standards for Utah public schools, such as mathematics and social
1146     studies;
1147          (ii) using curriculum mapping;
1148          (iii) creating training materials and staff development programs that:
1149          (A) highlight areas of potential coordination between financial and economic literacy
1150     education and other core standards for Utah public schools concepts; and
1151          (B) demonstrate specific examples of financial and economic literacy concepts as a
1152     way of teaching other core standards for Utah public schools concepts; and
1153          (iv) using appropriate financial and economic literacy assessments to improve financial
1154     and economic literacy education and, if necessary, developing assessments;
1155          (c) work with interested public, private, and nonprofit entities to:
1156          (i) identify, and make available to teachers, online resources for financial and
1157     economic literacy education, including modules with interactive activities and turnkey
1158     instructor resources;
1159          (ii) coordinate school use of existing financial and economic literacy education
1160     resources;
1161          (iii) develop simple, clear, and consistent messaging to reinforce and link existing
1162     financial literacy resources;
1163          (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
1164     education providers in implementing methods of appropriately communicating to teachers,
1165     students, and parents key financial and economic literacy messages; and
1166          (v) encourage parents and students to establish higher education savings, including a
1167     Utah Educational Savings Plan account;
1168          (d) [in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,]
1169     make rules to develop guidelines and methods for school districts and charter schools to more
1170     fully integrate financial and economic literacy education into other core standards for Utah
1171     public schools courses;
1172          (e) (i) contract with a provider, through a request for proposals process, to develop an
1173     online, end-of-course assessment for the general financial literacy course;
1174          (ii) require a school district or charter school to administer an online, end-of-course

1175     assessment to a student who takes the general financial literacy course; and
1176          (iii) develop a plan, through the state superintendent [of public instruction], to analyze
1177     the results of an online, end-of-course assessment in general financial literacy that includes:
1178          (A) an analysis of assessment results by standard; and
1179          (B) average scores statewide and by school district and school; and
1180          (f) in cooperation with school districts, charter schools, and interested private and
1181     nonprofit entities, provide opportunities for professional development in financial and
1182     economic literacy to teachers, including:
1183          (i) a statewide learning community for financial and economic literacy;
1184          (ii) summer workshops; and
1185          (iii) online videos of experts in the field of financial and economic literacy education.
1186          (3) (a) The [State Board of Education] state board shall establish a task force to study
1187     and make recommendations to the state board on how to improve financial and economic
1188     literacy education in the public school system.
1189          (b) The task force membership shall include representatives of:
1190          (i) the [State Board of Education] state board;
1191          (ii) school districts and charter schools;
1192          (iii) the State Board of Regents; and
1193          (iv) private or public entities that teach financial education and share a commitment to
1194     empower individuals and families to achieve economic stability, opportunity, and upward
1195     mobility.
1196          (c) The task force shall reconvene every three years to review and recommend
1197     adjustments to the standards and objectives of the general financial literacy course.
1198          Section 23. Section 53E-3-506 is amended to read:
1199          53E-3-506. Educational program on the use of information technology.
1200          (1) The [State Board of Education] state board shall provide for an educational
1201     program on the use of information technology, which shall be offered by high schools.
1202          (2) An educational program on the use of information technology shall:
1203          (a) provide instruction on skills and competencies essential for the workplace and
1204     requested by employers;
1205          (b) include the following components:

1206          (i) a curriculum;
1207          (ii) online access to the curriculum;
1208          (iii) instructional software for classroom and student use;
1209          (iv) certification of skills and competencies most frequently requested by employers;
1210          (v) professional development for teachers; and
1211          (vi) deployment and program support, including integration with existing core
1212     standards for Utah public schools; and
1213          (c) be made available to high school students, faculty, and staff.
1214          Section 24. Section 53E-3-507 is amended to read:
1215          53E-3-507. Powers of the state board.
1216          The [State Board of Education] state board:
1217          (1) shall establish minimum standards for career and technical education programs in
1218     the public education system;
1219          (2) may apply for, receive, administer, and distribute funds made available through
1220     programs of federal and state governments to promote and aid career and technical education;
1221          (3) shall cooperate with federal and state governments to administer programs that
1222     promote and maintain career and technical education;
1223          (4) shall cooperate with the Utah System of Technical Colleges Board of Trustees, Salt
1224     Lake Community College's School of Applied Technology, Snow College, and Utah State
1225     University Eastern to ensure that students in the public education system have access to career
1226     and technical education at Utah System of Technical Colleges technical colleges, Salt Lake
1227     Community College's School of Applied Technology, Snow College, and Utah State University
1228     Eastern;
1229          (5) shall require that before a minor student may participate in clinical experiences as
1230     part of a health care occupation program at a high school or other institution to which the
1231     student has been referred, the student's parent [or legal guardian] has:
1232          (a) been first given written notice through appropriate disclosure when registering and
1233     prior to participation that the program contains a clinical experience segment in which the
1234     student will observe and perform specific health care procedures that may include personal
1235     care, patient bathing, and bathroom assistance; and
1236          (b) provided specific written consent for the student's participation in the program and

1237     clinical experience; and
1238          (6) shall, after consulting with school districts, charter schools, the Utah System of
1239     Technical Colleges Board of Trustees, Salt Lake Community College's School of Applied
1240     Technology, Snow College, and Utah State University Eastern, prepare and submit an annual
1241     report to the governor and to the Legislature's Education Interim Committee by October 31 of
1242     each year detailing:
1243          (a) how the career and technical education needs of secondary students are being met;
1244     and
1245          (b) the access secondary students have to programs offered:
1246          (i) at technical colleges; and
1247          (ii) within the regions served by Salt Lake Community College's School of Applied
1248     Technology, Snow College, and Utah State University Eastern.
1249          Section 25. Section 53E-3-508 is amended to read:
1250          53E-3-508. Rulemaking -- Standards for high quality programs operating outside
1251     of the regular school day.
1252          [(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1253     and in consultation with the Department of Workforce Services, the State Board of Education
1254     shall]
1255          (1) The state board shall, in consultation with the Department of Workforce Services,
1256     make rules that describe the standards for a high quality program operating outside of the
1257     regular school day:
1258          (a) for elementary or secondary students; and
1259          (b) offered by a:
1260          (i) school district;
1261          (ii) charter school;
1262          (iii) private provider, including a non-profit provider; or
1263          (iv) municipality.
1264          (2) The standards described in Subsection (1) shall specify that a high quality program
1265     operating outside of the regular school day:
1266          (a) provides a safe, healthy, and nurturing environment for all participants;
1267          (b) develops and maintains positive relationships among staff, participants, families,

1268     schools, and communities;
1269          (c) encourages participants to learn new skills; and
1270          (d) is effectively administered.
1271          Section 26. Section 53E-3-509 is amended to read:
1272          53E-3-509. Gang prevention and intervention policies.
1273          (1) (a) The [State Board of Education] state board shall adopt rules that require a local
1274     school board or charter school governing board [of a charter school] to enact gang prevention
1275     and intervention policies for all schools within the state board's jurisdiction.
1276          (b) The rules described in Subsection (1)(a) shall provide that the gang prevention and
1277     intervention policies of a local school board or charter school governing board may include
1278     provisions that reflect the individual school district's or charter school's unique needs or
1279     circumstances.
1280          (2) The rules described in Subsection (1) may include the following provisions:
1281          (a) school faculty and personnel shall report suspected gang activities relating to the
1282     school and its students to a school administrator and law enforcement;
1283          (b) a student who participates in gang activities may be excluded from participation in
1284     extracurricular activities, including interscholastic athletics, as determined by the school
1285     administration after consultation with law enforcement;
1286          (c) gang-related graffiti or damage to school property shall result in parent [or
1287     guardian] notification and appropriate administrative and law enforcement actions, which may
1288     include obtaining restitution from those responsible for the damage;
1289          (d) if a serious gang-related incident, as determined by the school administrator in
1290     consultation with local law enforcement, occurs on school property, at school related activities,
1291     or on a site that is normally considered to be under school control, notification shall be
1292     provided to parents [and guardians] of students in the school:
1293          (i) informing them, in general terms, about the incident, but removing all personally
1294     identifiable information about students from the notice;
1295          (ii) emphasizing the school's concern for safety; and
1296          (iii) outlining the action taken at the school regarding the incident;
1297          (e) school faculty and personnel shall be trained by experienced evidence based trainers
1298     that may include community gang specialists and law enforcement as part of comprehensive

1299     strategies to recognize early warning signs for youth in trouble and help students resist serious
1300     involvement in undesirable activity, including joining gangs or mimicking gang behavior;
1301          (f) prohibitions on the following behavior:
1302          (i) advocating or promoting a gang or any gang-related activities;
1303          (ii) marking school property, books, or school work with gang names, slogans, or
1304     signs;
1305          (iii) conducting gang initiations;
1306          (iv) threatening another person with bodily injury or inflicting bodily injury on another
1307     in connection with a gang or gang-related activity;
1308          (v) aiding or abetting an activity described under Subsections (2)(f)(i) through (iv) by a
1309     person's presence or support;
1310          (vi) displaying or wearing common gang apparel, common dress, or identifying signs
1311     or symbols on one's clothing, person, or personal property that is disruptive to the school
1312     environment; and
1313          (vii) communicating in any method, including verbal, non-verbal, and electronic
1314     means, designed to convey gang membership or affiliation.
1315          (3) The rules described in Subsection (1) may require a local school board or charter
1316     school governing board [of a charter school] to publicize the policies enacted by the local
1317     school board or charter school governing board [of a charter school] in accordance with the
1318     rules described in Subsection (1) to all students, parents, [guardians,] and faculty through
1319     school websites, handbooks, letters to parents [and guardians], or other reasonable means of
1320     communication.
1321          (4) The [State Board of Education] state board may consult with appropriate
1322     committees, including committees that provide opportunities for the input of parents, law
1323     enforcement, and community agencies, as it develops, enacts, and administers the rules
1324     described in Subsection (1).
1325          Section 27. Section 53E-3-510 is amended to read:
1326          53E-3-510. Control of school lunch revenues -- Apportionment -- Costs.
1327          (1) School lunch revenues shall be under the control of the [State Board of Education]
1328     state board and may only be disbursed, transferred, or drawn upon by its order. The revenue
1329     may only be used to provide school lunches and a school lunch program in the state's school

1330     districts in accordance with standards established by the state board.
1331          (2) The state board shall apportion the revenue according to the number of school
1332     children receiving school lunches in each school district. The [State Board of Education] state
1333     board and local school boards shall employ staff to administer and supervise the school lunch
1334     program and purchase supplies and equipment.
1335          (3) The costs of the school lunch program shall be included in the state board's annual
1336     budget.
1337          Section 28. Section 53E-3-511 is amended to read:
1338          53E-3-511. Student Achievement Backpack -- Utah Student Record Store.
1339          (1) As used in this section:
1340          (a) "Authorized LEA user" means a teacher or other person who is:
1341          (i) employed by an LEA that provides instruction to a student; and
1342          (ii) authorized to access data in a Student Achievement Backpack through the Utah
1343     Student Record Store.
1344          [(b) "LEA" means a school district, charter school, or the Utah Schools for the Deaf
1345     and the Blind.]
1346          [(c)] (b) "Statewide assessment" means the same as that term is defined in Section
1347     53E-4-301.
1348          [(d)] (c) "Student Achievement Backpack" means, for a student from kindergarten
1349     through grade 12, a complete learner profile that:
1350          (i) is in electronic format;
1351          (ii) follows the student from grade to grade and school to school; and
1352          (iii) is accessible by the student's parent [or guardian] or an authorized LEA user.
1353          [(e)] (d) "Utah Student Record Store" means a repository of student data collected from
1354     LEAs as part of the state's longitudinal data system that is:
1355          (i) managed by the [State Board of Education] state board;
1356          (ii) cloud-based; and
1357          (iii) accessible via a web browser to authorized LEA users.
1358          (2) (a) The [State Board of Education] state board shall use the [State Board of
1359     Education] state board's robust, comprehensive data collection system, which collects
1360     longitudinal student transcript data from LEAs and the unique student identifiers as described

1361     in Section 53E-4-308, to allow the following to access a student's Student Achievement
1362     Backpack:
1363          (i) the student's parent [or guardian]; and
1364          (ii) each LEA that provides instruction to the student.
1365          (b) The [State Board of Education] state board shall ensure that a Student Achievement
1366     Backpack:
1367          (i) provides a uniform, transparent reporting mechanism for individual student
1368     progress;
1369          (ii) provides a complete learner history for postsecondary planning;
1370          (iii) provides a teacher with visibility into a student's complete learner profile to better
1371     inform instruction and personalize education;
1372          (iv) assists a teacher or administrator in diagnosing a student's learning needs through
1373     the use of data already collected by the [State Board of Education] state board;
1374          (v) facilitates a student's parent [or guardian] taking an active role in the student's
1375     education by simplifying access to the student's complete learner profile; and
1376          (vi) serves as additional disaster mitigation for LEAs by using a cloud-based data
1377     storage and collection system.
1378          (3) Using existing information collected and stored in the [State Board of Education's]
1379     state board's data warehouse, the [State Board of Education] state board shall create the Utah
1380     Student Record Store where an authorized LEA user may:
1381          (a) access data in a Student Achievement Backpack relevant to the user's LEA or
1382     school; or
1383          (b) request student records to be transferred from one LEA to another.
1384          (4) The [State Board of Education] state board shall implement security measures to
1385     ensure that:
1386          (a) student data stored or transmitted to or from the Utah Student Record Store is
1387     secure and confidential pursuant to the requirements of the Family Educational Rights and
1388     Privacy Act, 20 U.S.C. Sec. 1232g; and
1389          (b) an authorized LEA user may only access student data that is relevant to the user's
1390     LEA or school.
1391          (5) A student's parent [or guardian] may request the student's Student Achievement

1392     Backpack from the LEA or the school in which the student is enrolled.
1393          (6) An authorized LEA user may access student data in a Student Achievement
1394     Backpack, which shall include the following data, or request that the data be transferred from
1395     one LEA to another:
1396          (a) student demographics;
1397          (b) course grades;
1398          (c) course history; and
1399          (d) results of a statewide assessment.
1400          (7) An authorized LEA user may access student data in a Student Achievement
1401     Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the
1402     following data, or request that the data be transferred from one LEA to another:
1403          (a) section attendance;
1404          (b) the name of a student's teacher for classes or courses the student takes;
1405          (c) teacher qualifications for a student's teacher, including years of experience, degree,
1406     license, and endorsement;
1407          (d) results of statewide assessments;
1408          (e) a student's writing sample that is written for a writing assessment administered
1409     pursuant to Section 53E-4-303;
1410          (f) student growth scores on a statewide assessment, as applicable;
1411          (g) a school's grade assigned pursuant to Chapter 5, Part 2, School Accountability
1412     System;
1413          (h) results of benchmark assessments of reading administered pursuant to Section
1414     53E-4-307; and
1415          (i) a student's reading level at the end of grade 3.
1416          (8) No later than June 30, 2017, the [State Board of Education] state board shall ensure
1417     that data collected in the Utah Student Record Store for a Student Achievement Backpack is
1418     integrated into each LEA's student information system and is made available to a student's
1419     parent [or guardian] and an authorized LEA user in an easily accessible viewing format.
1420          Section 29. Section 53E-3-512 is amended to read:
1421          53E-3-512. State board rules establishing basic ethical conduct standards --
1422     Local school board policies.

1423          [(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1424     the State Board of Education]
1425          (1) The state board shall make rules that establish basic ethical conduct standards for
1426     public education employees who provide education-related services outside of their regular
1427     employment to their current or prospective public school students.
1428          (2) The rules shall provide that a local school board may adopt policies implementing
1429     the standards and addressing circumstances present in the district.
1430          Section 30. Section 53E-3-513 is amended to read:
1431          53E-3-513. Parental permission required for specified in-home programs --
1432     Exceptions.
1433          (1) The [State Board of Education] state board, local school boards, school districts,
1434     and public schools are prohibited from requiring infant or preschool in-home literacy or other
1435     educational or parenting programs without obtaining parental permission in each individual
1436     case.
1437          (2) This section does not prohibit the Division of Child and Family Services, within the
1438     Department of Human Services, from providing or arranging for family preservation or other
1439     statutorily provided services in accordance with Title 62A, Chapter 4a, Child and Family
1440     Services, or any other in-home services that have been court ordered, pursuant to Title 62A,
1441     Chapter 4a, Child and Family Services, or Title 78A, Chapter 6, Juvenile Court Act.
1442          Section 31. Section 53E-3-515 is amended to read:
1443          53E-3-515. Hospitality and Tourism Management Career and Technical
1444     Education Pilot Program.
1445          (1) As used in this section:
1446          [(a) "Board" means the State Board of Education.]
1447          [(b)] (a) "Local education agency" means a school district or charter school.
1448          [(c)] (b) "Pilot program" means the Hospitality and Tourism Management Career and
1449     Technical Education Pilot Program created under Subsection (2).
1450          (2) There is created a Hospitality and Tourism Management Career and Technical
1451     Education Pilot Program to provide instruction that a local education agency may offer to a
1452     student in any of grades 9 through 12 on:
1453          (a) the information and skills required for operational level employee positions in

1454     hospitality and tourism management, including:
1455          (i) hospitality soft skills;
1456          (ii) operational areas of the hospitality industry;
1457          (iii) sales and marketing; and
1458          (iv) safety and security; and
1459          (b) the leadership and managerial responsibilities, knowledge, and skills required by an
1460     entry-level leader in hospitality and tourism management, including:
1461          (i) hospitality leadership skills;
1462          (ii) operational leadership;
1463          (iii) managing food and beverage operations; and
1464          (iv) managing business operations.
1465          (3) The instruction described in Subsection (2) may be delivered in a public school
1466     using live instruction, video, or online materials.
1467          (4) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
1468     board shall select one or more providers to supply materials and curriculum for the pilot
1469     program.
1470          (b) The state board may seek recommendations from trade associations and other
1471     entities that have expertise in hospitality and tourism management regarding potential
1472     providers of materials and curriculum for the pilot program.
1473          (5) (a) A local education agency may apply to the state board to participate in the pilot
1474     program.
1475          (b) The state board shall select participants in the pilot program.
1476          (c) A local education agency that participates in the pilot program shall use the
1477     materials and curriculum supplied by a provider selected under Subsection (4).
1478          (6) The state board shall evaluate the pilot program and provide an annual written
1479     report to the Education Interim Committee and the Economic Development and Workforce
1480     Services Interim Committee on or before October 1 describing:
1481          (a) how many local education agencies and how many students are participating in the
1482     pilot program; and
1483          (b) any recommended changes to the pilot program.
1484          Section 32. Section 53E-3-516 is amended to read:

1485          53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
1486     authority.
1487          (1) As used in this section:
1488          (a) "Disciplinary action" means an action by a public school meant to formally
1489     discipline a student of that public school that includes a suspension or expulsion.
1490          (b) "Law enforcement agency" means the same as that term is defined in Section
1491     77-7a-103.
1492          (c) "Minor" means the same as that term is defined in Section 53G-6-201.
1493          (d) "Other law enforcement activity" means a significant law enforcement interaction
1494     with a minor that does not result in an arrest, including:
1495          (i) a search and seizure by an SRO;
1496          (ii) issuance of a criminal citation;
1497          (iii) issuance of a ticket or summons;
1498          (iv) filing a delinquency petition; or
1499          (v) referral to a probation officer.
1500          (e) "School is in session" means the hours of a day during which a public school
1501     conducts instruction for which student attendance is counted toward calculating average daily
1502     membership.
1503          (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
1504     clinic, or other event or activity that is authorized by a specific public school, according to
1505     [local] LEA governing board policy, and satisfies at least one of the following conditions:
1506          (A) the activity is managed or supervised by a school district, public school, or public
1507     school employee;
1508          (B) the activity uses the school district or public school facilities, equipment, or other
1509     school resources; or
1510          (C) the activity is supported or subsidized, more than inconsequentially, by public
1511     funds, including the public school's activity funds or [minimum school program] Minimum
1512     School Program dollars.
1513          (ii) "School-sponsored activity" includes preparation for and involvement in a public
1514     performance, contest, athletic competition, demonstration, display, or club activity.
1515          (g) "Student resource officer" or "SRO" means the same as that term is defined in

1516     Section 53G-8-701.
1517          (2) Beginning on July 1, 2020, the [State Board of Education] state board, in
1518     collaboration with school districts, charter schools, and law enforcement agencies, shall
1519     develop an annual report regarding the following incidents that occur on school grounds while
1520     school is in session or during a school-sponsored activity:
1521          (a) arrests of a minor;
1522          (b) other law enforcement activities; and
1523          (c) disciplinary actions.
1524          (3) The report described in Subsection (2) shall include the following information by
1525     school district and charter school:
1526          (a) the number of arrests of a minor, including the reason why the minor was arrested;
1527          (b) the number of other law enforcement activities, including the following information
1528     for each incident:
1529          (i) the reason for the other law enforcement activity; and
1530          (ii) the type of other law enforcement activity used;
1531          (c) the number of disciplinary actions imposed, including:
1532          (i) the reason for the disciplinary action; and
1533          (ii) the type of disciplinary action; and
1534          (d) the number of SROs employed.
1535          (4) The report described in Subsection (2) shall include the following information, in
1536     aggregate, for each element described in Subsections (3)(a) through (c):
1537          (a) age;
1538          (b) grade level;
1539          (c) race;
1540          (d) sex; and
1541          (e) disability status.
1542          (5) Information included in the annual report described in Subsection (2) shall comply
1543     with:
1544          (a) Chapter 9, Part 3, Student Data Protection [Act];
1545          (b) Chapter 9, Part 2, Student Privacy; and
1546          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.

1547          [(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1548     the State Board of Education]
1549          (6) The state board shall make rules to compile the report described in Subsection (2).
1550          (7) The [State Board of Education] state board shall provide the report described in
1551     Subsection (2) to the Education Interim Committee before November 1 of each year for
1552     incidents that occurred during the previous school year.
1553          Section 33. Section 53E-3-517 is amended to read:
1554          53E-3-517. Educator credential database.
1555          (1) As used in this section:
1556          [(a) "Board" means the State Board of Education.]
1557          [(b)] (a) "Educator" means the same as that term is defined in Section 53E-6-102.
1558          [(c)] (b) "Educator credential database" means a database used by the state board that:
1559          (i) contains educator credential information and LEA information; and
1560          (ii) is used by the state board to determine funding distribution.
1561          [(d) "Local education agency" or "LEA" means:]
1562          [(i) a charter school;]
1563          [(ii) a school district; or]
1564          [(iii) the Utah Schools for the Deaf and the Blind.]
1565          (2) Before July 1, 2020, the state board shall ensure that a technical limitation of the
1566     educator credential database does not prevent an educator from accepting employment at more
1567     than one LEA.
1568          Section 34. Section 53E-3-602 is amended to read:
1569          53E-3-602. Auditors appointed -- Auditing standards.
1570          (1) Procedures utilized by auditors employed by local school boards shall meet or
1571     exceed generally accepted auditing standards approved by the [State Board of Education] state
1572     board and the state auditor.
1573          (2) The standards must include financial accounting for both revenue and expenditures,
1574     and student accounting.
1575          Section 35. Section 53E-3-603 is amended to read:
1576          53E-3-603. State board to verify audits.
1577          The [State Board of Education] state board is responsible for verifying audits of

1578     financial and student accounting records of school districts for purposes of determining the
1579     allocation of Uniform School Fund money.
1580          Section 36. Section 53E-3-702 is amended to read:
1581          53E-3-702. State board to adopt public school construction guidelines.
1582          (1) As used in this section[: (a) "Board" means the State Board of Education. (b)
1583     "Public], "public school construction" means construction work on a new public school.
1584          (2) (a) The state board shall:
1585          (i) adopt guidelines for public school construction; and
1586          (ii) consult with the Division of Facilities Construction and Management
1587     Administration on proposed guidelines before adoption.
1588          (b) The state board shall ensure that guidelines adopted under Subsection (2)(a)(i)
1589     maximize funds used for public school construction and reflect efficient and economic use of
1590     those funds, including adopting guidelines that address a school's essential needs rather than
1591     encouraging or endorsing excessive costs per square foot of construction or nonessential
1592     facilities, design, or furnishings.
1593          (3) Before a school district or charter school may begin public school construction, the
1594     school district or charter school shall:
1595          (a) review the guidelines adopted by the state board under this section; and
1596          (b) take into consideration the guidelines when planning the public school
1597     construction.
1598          (4) In adopting the guidelines for public school construction, the state board shall
1599     consider the following and adopt alternative guidelines as needed:
1600          (a) location factors, including whether the school is in a rural or urban setting, and
1601     climate factors;
1602          (b) variations in guidelines for significant or minimal projected student population
1603     growth;
1604          (c) guidelines specific to schools that serve various populations and grades, including
1605     high schools, junior high schools, middle schools, elementary schools, alternative schools, and
1606     schools for people with disabilities; and
1607          (d) year-round use.
1608          (5) The guidelines shall address the following:

1609          (a) square footage per student;
1610          (b) minimum and maximum required real property for a public school;
1611          (c) athletic facilities and fields, playgrounds, and hard surface play areas;
1612          (d) cost per square foot;
1613          (e) minimum and maximum qualities and costs for building materials;
1614          (f) design efficiency;
1615          (g) parking;
1616          (h) furnishing;
1617          (i) proof of compliance with applicable building codes; and
1618          (j) safety.
1619          Section 37. Section 53E-3-703 is amended to read:
1620          53E-3-703. Construction and alteration of schools and plants -- Advertising for
1621     bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
1622     school boards -- Interest of local school board members.
1623          (1) As used in this section, the word "sealed" does not preclude acceptance of
1624     electronically sealed and submitted bids or proposals in addition to bids or proposals manually
1625     sealed and submitted.
1626          (2) (a) Prior to the construction of any school or the alteration of any existing school
1627     plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
1628     board shall advertise for bids on the project at least 10 days before the bid due date.
1629          (b) The advertisement shall state:
1630          (i) that proposals for the building project are required to be sealed in accordance with
1631     plans and specifications provided by the local school board;
1632          (ii) where and when the proposals will be opened;
1633          (iii) that the local school board reserves the right to reject any and all proposals; and
1634          (iv) that a person that submits a proposal is required to submit a certified check or bid
1635     bond, of not less than 5% of the bid in the proposal, to accompany the proposal.
1636          (c) The local school board shall publish the advertisement, at a minimum:
1637          (i) on the local school board's website; or
1638          (ii) on a state website that is:
1639          (A) owned or managed by, or provided under contract with, the Division of Purchasing

1640     and General Services; and
1641          (B) available for the posting of public procurement notices.
1642          (3) (a) The local school board shall meet at the time and place specified in the
1643     advertisement and publicly open and read all received proposals.
1644          (b) If satisfactory bids are received, the local school board shall award the contract to
1645     the lowest responsible bidder.
1646          (c) If none of the proposals are satisfactory, all shall be rejected.
1647          (d) The local school board shall again advertise in the manner provided in this section.
1648          (e) If, after advertising a second time no satisfactory bid is received, the local school
1649     board may proceed under its own direction with the required project.
1650          (4) (a) The check or bond required under Subsection (2)(b) shall be drawn in favor of
1651     the local school board.
1652          (b) If the successful bidder fails or refuses to enter into the contract and furnish the
1653     additional bonds required under this section, then the bidder's check or bond is forfeited to the
1654     district.
1655          (5) A local school board shall require payment and performance bonds of the
1656     successful bidder as required in Section 63G-6a-1103.
1657          (6) (a) A local school board may require in the proposed contract that up to 5% of the
1658     contract price be withheld until the project is completed and accepted by the local school
1659     board.
1660          (b) If money is withheld, the local school board shall place it in an interest bearing
1661     account, and the interest accrues for the benefit of the contractor and subcontractors.
1662          (c) This money shall be paid upon completion of the project and acceptance by the
1663     local school board.
1664          (7) (a) A local school board may not bid on projects within the district if the total
1665     accumulative estimated cost exceeds $80,000.
1666          (b) The local school board may use its resources if no satisfactory bids are received
1667     under this section.
1668          (8) If the local school board determines in accordance with Section 63G-6a-1302 to use
1669     a construction manager/general contractor as its method of construction contracting
1670     management on projects where the total estimated accumulative cost exceeds $80,000, it shall

1671     select the construction manager/general contractor in accordance with the requirements of Title
1672     63G, Chapter 6a, Utah Procurement Code.
1673          (9) A local school board member may not have a direct or indirect financial interest in
1674     the construction project contract.
1675          Section 38. Section 53E-3-705 is amended to read:
1676          53E-3-705. School plant capital outlay report.
1677          (1) The [State Board of Education] state board shall prepare an annual school plant
1678     capital outlay report of all school districts, which includes information on the number and size
1679     of building projects completed and under construction.
1680          (2) A school district or charter school shall prepare and submit an annual school plant
1681     capital outlay report in accordance with Section 63A-3-402.
1682          Section 39. Section 53E-3-706 is amended to read:
1683          53E-3-706. Enforcement of part by state superintendent -- Employment of
1684     personnel -- School districts and charter schools -- Certificate of inspection verification.
1685          (1) The state superintendent [of public instruction] shall enforce this part.
1686          (2) The state superintendent may employ architects or other qualified personnel, or
1687     contract with the State Building Board, the state fire marshal, or a local governmental entity to:
1688          (a) examine the plans and specifications of any school building or alteration submitted
1689     under this part;
1690          (b) verify the inspection of any school building during or following construction; and
1691          (c) perform other functions necessary to ensure compliance with this part.
1692          (3) (a) (i) If a local school board uses the school district's building inspector under
1693     Subsection 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and issues its own certificate authorizing
1694     permanent occupancy of the school building, the local school board shall file a certificate of
1695     inspection verification with the local governmental entity's building official and the [State
1696     Board of Education] state board, advising those entities that the school district has complied
1697     with the inspection provisions of this part.
1698          (ii) If a charter school uses a school district building inspector under Subsection
1699     10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and the school district issues to the charter school a
1700     certificate authorizing permanent occupancy of the school building, the charter school shall file
1701     with the [State Board of Education] state board a certificate of inspection verification.

1702          (iii) If a local school board or charter school uses a local governmental entity's building
1703     inspector under Subsection 10-9a-305(6)(a)(i) or 17-27a-305(6)(a)(i) and the local
1704     governmental entity issues the local school board or charter school a certificate authorizing
1705     permanent occupancy of the school building, the local school board or charter school shall file
1706     with the [State Board of Education] state board a certificate of inspection verification.
1707          (iv) (A) If a local school board or charter school uses an independent, certified building
1708     inspector under Subsection 10-9a-305(6)(a)(iii) or 17-27a-305(6)(a)(iii), the local school board
1709     or charter school shall, upon completion of all required inspections of the school building, file
1710     with the [State Board of Education] state board a certificate of inspection verification and a
1711     request for the issuance of a certificate authorizing permanent occupancy of the school
1712     building.
1713          (B) Upon the local school board's or charter school's filing of the certificate and request
1714     as provided in Subsection (3)(a)(iv)(A), the school district or charter school shall be entitled to
1715     temporary occupancy of the school building that is the subject of the request for a period of 90
1716     days, beginning the date the request is filed, if the school district or charter school has
1717     complied with all applicable fire and life safety code requirements.
1718          (C) Within 30 days after the local school board or charter school files a request under
1719     Subsection (3)(a)(iv)(A) for a certificate authorizing permanent occupancy of the school
1720     building, the state superintendent [of public instruction] shall:
1721          (I) (Aa) issue to the local school board or charter school a certificate authorizing
1722     permanent occupancy of the school building; or
1723          (Bb) deliver to the local school board or charter school a written notice indicating
1724     deficiencies in the school district's or charter school's compliance with the inspection
1725     provisions of this part; and
1726          (II) mail a copy of the certificate authorizing permanent occupancy or the notice of
1727     deficiency to the building official of the local governmental entity in which the school building
1728     is located.
1729          (D) Upon the local school board or charter school remedying the deficiencies indicated
1730     in the notice under Subsection (3)(a)(iv)(C)(I)(Bb) and notifying the state superintendent [of
1731     public instruction] that the deficiencies have been remedied, the state superintendent [of public
1732     instruction] shall issue a certificate authorizing permanent occupancy of the school building

1733     and mail a copy of the certificate to the building official of the local governmental entity in
1734     which the school building is located.
1735          (E) (I) The state superintendent [of public instruction] may charge the school district or
1736     charter school a fee for an inspection that the state superintendent considers necessary to enable
1737     the state superintendent to issue a certificate authorizing permanent occupancy of the school
1738     building.
1739          (II) A fee under Subsection (3)(a)(iv)(E)(I) may not exceed the actual cost of
1740     performing the inspection.
1741          (b) For purposes of this Subsection (3):
1742          (i) "local governmental entity" means either a municipality, for a school building
1743     located within a municipality, or a county, for a school building located within an
1744     unincorporated area in the county; and
1745          (ii) "certificate of inspection verification" means a standard inspection form developed
1746     by the state superintendent in consultation with local school boards and charter schools to
1747     verify that inspections by qualified inspectors have occurred.
1748          Section 40. Section 53E-3-707 is amended to read:
1749          53E-3-707. School building construction and inspection manual -- Annual
1750     construction and inspection conference -- Verification of school construction inspections.
1751          (1) (a) The [State Board of Education] state board, through the state superintendent [of
1752     public instruction], shall develop and distribute to each school district a school building
1753     construction and inspection resource manual.
1754          (b) The manual shall be provided to a charter school upon request of the charter school.
1755          (2) (a) The manual shall include:
1756          (i) current legal requirements; and
1757          (ii) information on school building construction and inspections, including the
1758     guidelines adopted by the [State Board of Education] state board in accordance with Section
1759     53E-3-702.
1760          (b) The state superintendent shall review and update the manual at least once every
1761     three years.
1762          (3) The state board shall provide for an annual school construction conference to allow
1763     a representative from each school district and charter school to:

1764          (a) receive current information on the design, construction, and inspection of school
1765     buildings;
1766          (b) receive training on such matters as:
1767          (i) using properly certified building inspectors;
1768          (ii) filing construction inspection summary reports and the final inspection certification
1769     with the local governmental authority's building official;
1770          (iii) the roles and relationships between a school district or charter school and the local
1771     governmental authority, either a county or municipality, as related to the construction and
1772     inspection of school buildings; and
1773          (iv) adequate documentation of school building inspections; and
1774          (c) provide input on any changes that may be needed to improve the existing school
1775     building inspection program.
1776          (4) The state board shall develop a process to verify that inspections by qualified
1777     inspectors occur in each school district or charter school.
1778          Section 41. Section 53E-3-709 is amended to read:
1779          53E-3-709. Power of state board regarding expected federal aid to build schools.
1780          For the purpose of participating in any program of assistance by the government of the
1781     United States designed to aid the various states, their political subdivisions and their
1782     educational agencies and institutions in providing adequate educational buildings and facilities,
1783     the [State Board of Education] state board, with the approval of the governor, may do the
1784     following:
1785          (1) It may develop and implement plans relating to the building of educational
1786     buildings for the use and benefit of school districts and educational institutions and agencies of
1787     the state. These plans may conform to the requirements of federal legislation to such extent as
1788     the state board finds necessary to qualify the state and its educational subdivisions, agencies,
1789     and institutions for federal educational building grants-in-aid.
1790          (2) It may enter into agreements on behalf of the state, its school districts, and its
1791     educational agencies and institutions with the federal government and its agencies, and with the
1792     school districts, educational agencies, and institutions of the state, as necessary to comply with
1793     federal legislation and to secure for them rights of participation as necessary to fulfill the
1794     educational building needs of the state.

1795          (3) It may accept, allocate, disburse, and otherwise deal with federal funds or other
1796     assets that are available for buildings from any federal legislation or program of assistance
1797     among the school districts, public educational agencies, and other public institutions eligible to
1798     participate in those programs.
1799          Section 42. Section 53E-3-801 is amended to read:
1800          53E-3-801. Definitions.
1801          As used in this part:
1802          (1) (a) "Cost" means an estimation of state and local money required to implement a
1803     federal education agreement or national program.
1804          (b) "Cost" does not include capital costs associated with implementing a federal
1805     education agreement or national program.
1806          (2) "Education entities" means the entities that may bear the state and local costs of
1807     implementing a federal program or national program, including:
1808          (a) the [State Board of Education] state board;
1809          (b) the state superintendent [of public instruction];
1810          (c) a local school board;
1811          (d) a school district and its schools;
1812          (e) a charter school governing board; and
1813          (f) a charter school.
1814          (3) "Federal education agreement" means a legally binding document or representation
1815     that requires a school official to implement a federal program or set of requirements that
1816     originates from the U.S. Department of Education and that has, as a primary focus, an impact
1817     on the educational services at a district or charter school.
1818          (4) "Federal programs" include:
1819          (a) the No Child Left Behind Act;
1820          (b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law
1821     105-17, and subsequent amendments; and
1822          (c) other federal educational programs.
1823          (5) "National program" means a national or multi-state education program, agreement,
1824     or standards that:
1825          (a) originated from, or were received directly or indirectly from, a national or

1826     multi-state organization, coalition, or compact;
1827          (b) have, as a primary focus, an impact on the educational services at a public school;
1828     and
1829          (c) are adopted by the [State Board of Education] state board or state superintendent [of
1830     public instruction] with the intent to cause a local school official to implement the national or
1831     multi-state education program, agreement, or standards.
1832          (6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20
1833     U.S.C. Sec. 6301 et seq.
1834          (7) "School official" includes:
1835          (a) the [State Board of Education] state board;
1836          (b) the state superintendent;
1837          (c) employees of the [State Board of Education] state board and the state
1838     superintendent;
1839          (d) local school boards;
1840          (e) school district superintendents and employees; and
1841          (f) charter school governing board members, administrators, and employees.
1842          Section 43. Section 53E-3-802 is amended to read:
1843          53E-3-802. Federal programs -- School official duties.
1844          (1) School officials may:
1845          (a) apply for, receive, and administer funds made available through programs of the
1846     federal government;
1847          (b) only expend federal funds for the purposes for which they are received and are
1848     accounted for by the state, school district, or charter school; and
1849          (c) reduce or eliminate a program created with or expanded by federal funds to the
1850     extent allowed by law when federal funds for that program are subsequently reduced or
1851     eliminated.
1852          (2) School officials shall:
1853          (a) prioritize resources, especially to resolve conflicts between federal provisions or
1854     between federal and state programs, including:
1855          (i) providing first priority to meeting state goals, objectives, program needs, and
1856     accountability systems as they relate to federal programs; and

1857          (ii) subject to Subsection (4), providing second priority to implementing federal goals,
1858     objectives, program needs, and accountability systems that do not directly and simultaneously
1859     advance state goals, objectives, program needs, and accountability systems;
1860          (b) interpret the provisions of federal programs in the best interest of students in this
1861     state;
1862          (c) maximize local control and flexibility;
1863          (d) minimize additional state resources that are diverted to implement federal programs
1864     beyond the federal money that is provided to fund the programs;
1865          (e) request changes to federal educational programs, especially programs that are
1866     underfunded or provide conflicts with other state or federal programs, including:
1867          (i) federal statutes;
1868          (ii) federal regulations; and
1869          (iii) other federal policies and interpretations of program provisions; and
1870          (f) seek waivers from all possible federal statutes, requirements, regulations, and
1871     program provisions from federal education officials to:
1872          (i) maximize state flexibility in implementing program provisions; and
1873          (ii) receive reasonable time to comply with federal program provisions.
1874          (3) The requirements of school officials under this part, including the responsibility to
1875     lobby federal officials, are not intended to mandate school officials to incur costs or require the
1876     hiring of lobbyists, but are intended to be performed in the course of school officials' normal
1877     duties.
1878          (4) (a) As used in this Subsection (4):
1879          (i) "Available Education Fund revenue surplus" means the Education Fund revenue
1880     surplus after the statutory transfers and set-asides described in Section 63J-1-313.
1881          (ii) "Education Fund revenue surplus" means the same as that term is defined in
1882     Section 63J-1-313.
1883          (b) Before prioritizing the implementation of a future federal goal, objective, program
1884     need, or accountability system that does not directly and simultaneously advance a state goal,
1885     objective, program need, or accountability system, the [State Board of Education] state board
1886     may:
1887          (i) determine the financial impact of failure to implement the federal goal, objective,

1888     program need, or accountability system; and
1889          (ii) if the [State Board of Education] state board determines that failure to implement
1890     the federal goal, objective, program need, or accountability system may result in a financial
1891     loss, request that the Legislature mitigate the financial loss.
1892          (c) A mitigation requested under Subsection (4)(b)(ii) may include appropriating
1893     available Education Fund revenue surplus through an appropriations act, including an
1894     appropriations act passed during a special session called by the governor or a general session.
1895          (d) This mitigation option is in addition to and does not restrict or conflict with the
1896     state's authority provided in this part.
1897          Section 44. Section 53E-3-903 is amended to read:
1898          53E-3-903. Article II -- Definitions.
1899          (1) As used in this compact, unless the context clearly requires a different construction:
1900          [(1)] (a) "Active duty" means full-time duty status in the active uniformed service of
1901     the United States, including members of the National Guard and Reserve.
1902          [(2)] (b) "Children of military families" means a school-aged child, enrolled in
1903     Kindergarten through Twelfth grade, in the household of an active duty member.
1904          [(3)] (c) "Compact commissioner" means the voting representative of each compacting
1905     state appointed pursuant to Article VIII of this compact.
1906          [(4)] (d) "Deployment" means the period one month prior to the service member's
1907     departure from their home station on military orders through six months after return to their
1908     home station.
1909          [(5)] (e) "Education" or "educational records" means those official records, files, and
1910     data directly related to a student and maintained by the school or local education agency,
1911     including but not limited to records encompassing all the material kept in the student's
1912     cumulative folder such as general identifying data, records of attendance and of academic work
1913     completed, records of achievement and results of evaluative tests, health data, disciplinary
1914     status, test protocols, and individualized education programs.
1915          [(6)] (f) "Extracurricular activities" means a voluntary activity sponsored by the school
1916     or local education agency or an organization sanctioned by the local education agency.
1917     Extracurricular activities include, but are not limited to, preparation for and involvement in
1918     public performances, contests, athletic competitions, demonstrations, displays, and club

1919     activities.
1920          [(7)] (g) "Interstate Commission on Educational Opportunity for Military Children"
1921     means the commission that is created in Section 53E-3-910 and generally referred to as
1922     Interstate Commission.
1923          [(8)] (h) "Local education agency" means a public authority legally constituted by the
1924     state as an administrative agency to provide control of and direction for Kindergarten through
1925     Twelfth grade public educational institutions.
1926          [(9)] (i) "Member state" means a state that has enacted this compact.
1927          [(10)] (j) "Military installation" means a base, camp, post, station, yard, center,
1928     homeport facility for any ship, or other activity under the jurisdiction of the Department of
1929     Defense, including any leased facility, which is located within any of the several states, the
1930     District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
1931     American Samoa, the Northern Mariana Islands, and any other U.S. Territory. The term does
1932     not include any facility used primarily for civil works, rivers and harbors projects, or flood
1933     control projects.
1934          [(11)] (k) "Non-member state" means a state that has not enacted this compact.
1935          [(12)] (l) "Receiving state" means the state to which a child of a military family is sent,
1936     brought, or caused to be sent or brought.
1937          [(13)] (m) "Rule" means a written statement by the Interstate Commission promulgated
1938     pursuant to Section 53E-3-913 that is of general applicability, implements, interprets, or
1939     prescribes a policy or provision of the compact, or an organizational, procedural, or practice
1940     requirement of the Interstate Commission, and has the force and effect of a rule promulgated
1941     under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and includes the
1942     amendment, repeal, or suspension of an existing rule.
1943          [(14)] (n) "Sending state" means the state from which a child of a military family is
1944     sent, brought, or caused to be sent or brought.
1945          [(15)] (o) "State" means a state of the United States, the District of Columbia, the
1946     Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern
1947     Mariana Islands, and any other U.S. Territory.
1948          [(16)] (p) "Student" means the child of a military family for whom the local education
1949     agency receives public funding and who is formally enrolled in Kindergarten through Twelfth

1950     grade.
1951          [(17)] (q) "Transition" means:
1952          [(a)] (i) the formal and physical process of transferring from school to school; or
1953          [(b)] (ii) the period of time in which a student moves from one school in the sending
1954     state to another school in the receiving state.
1955          [(18)] (r) "Uniformed services" means the same as that term is defined in Section
1956     68-3-12.5.
1957          [(19)] (s) "Veteran" means a person who served in the uniformed services and who was
1958     discharged or released therefrom under conditions other than dishonorable.
1959          (2) The definitions described in Section 53E-1-102 do not apply to this compact.
1960          Section 45. Section 53E-4-202 is amended to read:
1961          53E-4-202. Core standards for Utah public schools.
1962          (1) (a) In establishing minimum standards related to curriculum and instruction
1963     requirements under Section 53E-3-501, the [State Board of Education] state board shall, in
1964     consultation with local school boards, school superintendents, teachers, employers, and parents
1965     implement core standards for Utah public schools that will enable students to, among other
1966     objectives:
1967          (i) communicate effectively, both verbally and through written communication;
1968          (ii) apply mathematics; and
1969          (iii) access, analyze, and apply information.
1970          (b) Except as provided in this public education code, the [State Board of Education]
1971     state board may recommend but may not require a local school board or charter school
1972     governing board to use:
1973          (i) a particular curriculum or instructional material; or
1974          (ii) a model curriculum or instructional material.
1975          (2) The [State Board of Education] state board shall, in establishing the core standards
1976     for Utah public schools:
1977          (a) identify the basic knowledge, skills, and competencies each student is expected to
1978     acquire or master as the student advances through the public education system; and
1979          (b) align with each other the core standards for Utah public schools and the
1980     assessments described in Section 53E-4-303.

1981          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
1982     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
1983     continual progress within and between grade levels and courses in the basic academic areas of:
1984          (a) English, including explicit phonics, spelling, grammar, reading, writing,
1985     vocabulary, speech, and listening; and
1986          (b) mathematics, including basic computational skills.
1987          (4) Before adopting core standards for Utah public schools, the [State Board of
1988     Education] state board shall:
1989          (a) publicize draft core standards for Utah public schools on the [State Board of
1990     Education's] state board's website and the Utah Public Notice website created under Section
1991     63F-1-701;
1992          (b) invite public comment on the draft core standards for Utah public schools for a
1993     period of not less than 90 days; and
1994          (c) conduct three public hearings that are held in different regions of the state on the
1995     draft core standards for Utah public schools.
1996          (5) [Local school] LEA governing boards shall design their school programs, that are
1997     supported by generally accepted scientific standards of evidence, to focus on the core standards
1998     for Utah public schools with the expectation that each program will enhance or help achieve
1999     mastery of the core standards for Utah public schools.
2000          (6) Except as provided in Section 53G-10-402, each school may select instructional
2001     materials and methods of teaching, that are supported by generally accepted scientific standards
2002     of evidence, that the school considers most appropriate to meet the core standards for Utah
2003     public schools.
2004          (7) The state may exit any agreement, contract, memorandum of understanding, or
2005     consortium that cedes control of the core standards for Utah public schools to any other entity,
2006     including a federal agency or consortium, for any reason, including:
2007          (a) the cost of developing or implementing the core standards for Utah public schools;
2008          (b) the proposed core standards for Utah public schools are inconsistent with
2009     community values; or
2010          (c) the agreement, contract, memorandum of understanding, or consortium:
2011          (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National

2012     Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
2013          (ii) conflicts with Utah law;
2014          (iii) requires Utah student data to be included in a national or multi-state database;
2015          (iv) requires records of teacher performance to be included in a national or multi-state
2016     database; or
2017          (v) imposes curriculum, assessment, or data tracking requirements on home school or
2018     private school students.
2019          (8) The [State Board of Education] state board shall annually report to the Education
2020     Interim Committee on the development and implementation of the core standards for Utah
2021     public schools, including the time line established for the review of the core standards for Utah
2022     public schools by a standards review committee and the recommendations of a standards
2023     review committee established under Section 53E-4-203.
2024          Section 46. Section 53E-4-203 is amended to read:
2025          53E-4-203. Standards review committee.
2026          [(1) As used in this section, "board" means the State Board of Education.]
2027          [(2)] (1) Subject to Subsection [(5)] (4), the [State Board of Education] state board
2028     shall establish:
2029          (a) a time line for the review by a standards review committee of the core standards for
2030     Utah public schools for:
2031          (i) English language arts;
2032          (ii) mathematics;
2033          (iii) science;
2034          (iv) social studies;
2035          (v) fine arts;
2036          (vi) physical education and health; and
2037          (vii) early childhood education; and
2038          (b) a separate standards review committee for each subject area specified in Subsection
2039     [(2)] (1)(a) to review, and recommend to the state board revisions to, the core standards for
2040     Utah public schools.
2041          [(3)] (2) At least one year before the state board takes formal action to adopt new core
2042     standards for Utah public schools, the state board shall establish a standards review committee

2043     as required by Subsection [(2)] (1)(b).
2044          [(4)] (3) A standards review committee shall meet at least twice during the time period
2045     described in Subsection [(3)] (2).
2046          [(5)] (4) In establishing a time line for the review of core standards for Utah public
2047     schools by a standards review committee, the state board shall give priority to establishing a
2048     standards review committee to review, and recommend revisions to, the mathematics core
2049     standards for Utah public schools.
2050          [(6)] (5) The membership of a standards review committee consists of:
2051          (a) seven individuals, with expertise in the subject being reviewed, appointed by the
2052     state board chair, including teachers, business representatives, faculty of higher education
2053     institutions in Utah, and others as determined by the state board chair;
2054          (b) five parents [or guardians] of public education students appointed by the speaker of
2055     the House of Representatives; and
2056          (c) five parents [or guardians] of public education students appointed by the president
2057     of the Senate.
2058          [(7)] (6) The state board shall provide staff support to the standards review committee.
2059          [(8)] (7) A member of the standards review committee may not receive compensation
2060     or benefits for the member's service on the committee.
2061          [(9)] (8) Among the criteria a standards review committee shall consider when
2062     reviewing the core standards for Utah public schools is giving students an adequate foundation
2063     to successfully pursue college, technical education, a career, or other life pursuits.
2064          [(10)] (9) A standards review committee shall submit, to the state board, comments and
2065     recommendations for revision of the core standards for Utah public schools.
2066          [(11)] (10) The state board shall take into consideration the comments and
2067     recommendations of a standards review committee in adopting the core standards for Utah
2068     public schools.
2069          [(12)] (11) (a) Nothing in this section prohibits the state board from amending or
2070     adding individual core standards for Utah public schools as the need arises in the state board's
2071     ongoing responsibilities.
2072          (b) If the state board makes changes as described in Subsection [(12)] (11)(a), the state
2073     board shall include the changes in the annual report the state board submits to the Education

2074     Interim Committee under Section 53E-4-202.
2075          Section 47. Section 53E-4-204 is amended to read:
2076          53E-4-204. Standards and graduation requirements.
2077          (1) The [State Board of Education] state board shall establish rigorous core standards
2078     for Utah public schools and graduation requirements under Section 53E-3-501 for grades 9
2079     through 12 that:
2080          (a) are consistent with state law and federal regulations; and
2081          (b) beginning no later than with the graduating class of 2008:
2082          (i) use competency-based standards and assessments;
2083          (ii) include instruction that stresses general financial literacy from basic budgeting to
2084     financial investments, including bankruptcy education and a general financial literacy test-out
2085     option; and
2086          (iii) increase graduation requirements in language arts, mathematics, and science to
2087     exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics,
2088     and 2.0 units in science.
2089          (2) The [State Board of Education] state board shall also establish competency-based
2090     standards and assessments for elective courses.
2091          (3) On or before July 1, 2014, the [State Board of Education] state board shall adopt
2092     revised course standards and objectives for the course of instruction in general financial
2093     literacy described in Subsection (1)(b) that address:
2094          (a) the costs of going to college, student loans, scholarships, and the Free Application
2095     for Federal Student Aid (FAFSA); and
2096          (b) technology that relates to banking, savings, and financial products.
2097          (4) The [State Board of Education] state board shall administer the course of
2098     instruction in general financial literacy described in Subsection (1)(b) in the same manner as
2099     other core standards for Utah public schools courses for grades 9 through 12 are administered.
2100          Section 48. Section 53E-4-205 is amended to read:
2101          53E-4-205. American civics education initiative.
2102          (1) As used in this section:
2103          (a) "Adult education program" means an organized educational program below the
2104     postsecondary level, other than a regular full-time K-12 secondary education program,

2105     provided by an LEA or nonprofit organization that provides the opportunity for an adult to
2106     further the adult's high school level education.
2107          (b) "Basic civics test" means a test that includes 50 of the 100 questions on the civics
2108     test form used by the United States Citizenship and Immigration Services:
2109          (i) to determine that an individual applying for United States citizenship meets the
2110     basic citizenship skills specified in 8 U.S.C. Sec. 1423; and
2111          (ii) in accordance with 8 C.F.R. Sec. 312.2.
2112          [(c) "Board" means the State Board of Education.]
2113          [(d) "LEA" means:]
2114          [(i) a school district;]
2115          [(ii) a charter school; or]
2116          [(iii) the Utah Schools for the Deaf and the Blind.]
2117          (2) (a) Except as provided in Subsection (2)(b), the state board shall require:
2118          (i) a public school student who graduates on or after January 1, 2016, to pass a basic
2119     civics test as a condition for receiving a high school diploma; and
2120          (ii) a student enrolled in an adult education program to pass a basic civics test as a
2121     condition for receiving an adult education secondary diploma.
2122          (b) The state board may require a public school student to pass an alternate assessment
2123     instead of a basic civics test if the student qualifies for an alternate assessment, as defined in
2124     state board rule.
2125          (3) An individual who correctly answers a minimum of 35 out of the 50 questions on a
2126     basic civics test passes the test and an individual who correctly answers fewer than 35 out of 50
2127     questions on a basic civics test does not pass the test.
2128          [(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2129     the]
2130          (4) The state board shall make rules that:
2131          (a) require an LEA that serves secondary students to administer a basic civics test or
2132     alternate assessment to a public school student enrolled in the LEA;
2133          (b) require an adult education program provider to administer a basic civics test to an
2134     individual who intends to receive an adult education secondary diploma;
2135          (c) allow an individual to take a basic civics test as many times as needed in order to

2136     pass the test; and
2137          (d) for the alternate assessment described in Subsection (2)(b), describe:
2138          (i) the content of an alternate assessment;
2139          (ii) how a public school student qualifies for an alternate assessment; and
2140          (iii) how an LEA determines if a student passes an alternate assessment.
2141          Section 49. Section 53E-4-206 is amended to read:
2142          53E-4-206. Career and college readiness mathematics competency standards.
2143          (1) As used in this section, "qualifying score" means a score established as described in
2144     Subsection (4), that, if met by a student, qualifies the student to receive college credit for a
2145     mathematics course that satisfies the state system of higher education quantitative literacy
2146     requirement.
2147          [(2) The State Board of Education shall, in accordance with Title 63G, Chapter 3, Utah
2148     Administrative Rulemaking Act,]
2149          (2) The state board shall make rules that:
2150          (a) (i) establish the mathematics competency standards described in Subsection (3) as a
2151     graduation requirement beginning with the 2016-17 school year; and
2152          (ii) include the qualifying scores described in Subsection (4); and
2153          (b) establish systematic reporting of college and career ready mathematics
2154     achievement.
2155          (3) In addition to other graduation requirements established by the [State Board of
2156     Education] state board, a student shall fulfill one of the following requirements to demonstrate
2157     mathematics competency that supports the student's future college and career goals as outlined
2158     in the student's college and career plan:
2159          (a) for a student pursuing a college degree after graduation:
2160          (i) receive a score that at least meets the qualifying score for:
2161          (A) an Advanced Placement calculus or statistics exam;
2162          (B) an International Baccalaureate higher level mathematics exam;
2163          (C) a college-level math placement test described in Subsection (5);
2164          (D) a College Level Examination Program precalculus or calculus exam; or
2165          (E) the ACT Mathematics Test; or
2166          (ii) receive at least a "C" grade in a concurrent enrollment mathematics course that

2167     satisfies the state system of higher education quantitative literacy requirement;
2168          (b) for a non college degree-seeking student, the student shall complete appropriate
2169     math competencies for the student's career goals as described in the student's college and career
2170     plan;
2171          (c) for a student with an individualized education program prepared in accordance with
2172     the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the student shall
2173     meet the mathematics standards described in the student's individualized education program; or
2174          (d) for a senior student with special circumstances as described in [State Board of
2175     Education] state board rule, the student shall fulfill a requirement associated with the student's
2176     special circumstances, as established in [State Board of Education] state board rule.
2177          (4) The State Board of Regents shall, in consultation with the [State Board of
2178     Education] state board, determine qualifying scores for the tests and exams described in
2179     Subsection (3)(a)(i).
2180          (5) The State Board of Regents, established in Section 53B-1-103, shall make a policy
2181     to select at least two tests for college-level math placement.
2182          (6) The State Board of Regents shall, in consultation with the [State Board of
2183     Education] state board, make policies to:
2184          (a) develop mechanisms for a student who completes a math competency requirement
2185     described in Subsection (3)(a) to:
2186          (i) receive college credit; and
2187          (ii) satisfy the state system of higher education quantitative literacy requirement;
2188          (b) allow a student, upon completion of required high school mathematics courses with
2189     at least a "C" grade, entry into a mathematics concurrent enrollment course;
2190          (c) increase access to a range of mathematics concurrent enrollment courses;
2191          (d) establish a consistent concurrent enrollment course approval process; and
2192          (e) establish a consistent process to qualify high school teachers with an upper level
2193     mathematics endorsement to teach entry level mathematics concurrent enrollment courses.
2194          Section 50. Section 53E-4-301 is amended to read:
2195          53E-4-301. Definitions.
2196          As used in this part:
2197          [(1) "Board" means the State Board of Education.]

2198          [(2)] (1) "Core standards for Utah public schools" means the standards established by
2199     the state board as described in Section 53E-4-202.
2200          [(3) "Individualized education program" or "IEP" means a written statement for a
2201     student with a disability that is developed, reviewed, and revised in accordance with the
2202     Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.]
2203          [(4)] (2) "Statewide assessment" means one or more of the following, as applicable:
2204          (a) a standards assessment described in Section 53E-4-303;
2205          (b) a high school assessment described in Section 53E-4-304;
2206          (c) a college readiness assessment described in Section 53E-4-305; or
2207          (d) an assessment of students in grade 3 to measure reading grade level described in
2208     Section 53E-4-307.
2209          Section 51. Section 53E-4-301.5 is amended to read:
2210          53E-4-301.5. Legislative intent.
2211          (1) In enacting this part, the Legislature intends to determine the effectiveness of
2212     school districts and schools in assisting students to master the fundamental educational skills
2213     toward which instruction is directed.
2214          (2) The state board shall ensure that a statewide assessment provides the public, the
2215     Legislature, the state board, school districts, public schools, and school teachers with:
2216          (a) evaluative information regarding the various levels of proficiency achieved by
2217     students, so that they may have an additional tool to plan, measure, and evaluate the
2218     effectiveness of programs in the public schools; and
2219          (b) information to recognize excellence and to identify the need for additional resources
2220     or to reallocate educational resources in a manner to ensure educational opportunities for all
2221     students and to improve existing programs.
2222          Section 52. Section 53E-4-302 is amended to read:
2223          53E-4-302. Statewide assessments -- Duties of the state board.
2224          (1) The state board shall:
2225          (a) require the state superintendent [of public instruction] to:
2226          (i) submit and recommend statewide assessments to the state board for adoption by the
2227     state board; and
2228          (ii) distribute the statewide assessments adopted by the state board to a school district

2229     or charter school;
2230          (b) provide for the state to participate in the National Assessment of Educational
2231     Progress state-by-state comparison testing program; and
2232          (c) require a school district or charter school to administer statewide assessments.
2233          [(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2234     the]
2235          (2) The state board shall make rules for the administration of statewide assessments.
2236          (3) The state board shall ensure that statewide assessments are administered in
2237     compliance with the requirements of Chapter 9, Student Privacy and Data Protection.
2238          Section 53. Section 53E-4-303 is amended to read:
2239          53E-4-303. Utah standards assessments -- Administration -- Review committee.
2240          (1) As used in this section, "computer adaptive assessment" means an assessment that
2241     measures the range of a student's ability by adapting to the student's responses, selecting more
2242     difficult or less difficult questions based on the student's responses.
2243          (2) The state board shall:
2244          (a) adopt a standards assessment that:
2245          (i) measures a student's proficiency in:
2246          (A) mathematics for students in each of grades 3 through 8;
2247          (B) English language arts for students in each of grades 3 through 8;
2248          (C) science for students in each of grades 4 through 8; and
2249          (D) writing for students in at least grades 5 and 8; and
2250          (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
2251     computer adaptive assessment; and
2252          (b) ensure that an assessment described in Subsection (2)(a) is:
2253          (i) a criterion referenced assessment;
2254          (ii) administered online;
2255          (iii) aligned with the core standards for Utah public schools; and
2256          (iv) adaptable to competency-based education as defined in Section 53F-5-501.
2257          (3) A school district or charter school shall annually administer the standards
2258     assessment adopted by the state board under Subsection (2) to all students in the subjects and
2259     grade levels described in Subsection (2).

2260          (4) A student's score on the standards assessment adopted under Subsection (2) may
2261     not be considered in determining:
2262          (a) the student's academic grade for a course; or
2263          (b) whether the student may advance to the next grade level.
2264          (5) (a) The state board shall establish a committee consisting of 15 parents of Utah
2265     public education students to review all standards assessment questions.
2266          (b) The committee established in Subsection (5)(a) shall include the following parent
2267     members:
2268          (i) five members appointed by the chair of the state board;
2269          (ii) five members appointed by the speaker of the House of Representatives or the
2270     speaker's designee; and
2271          (iii) five members appointed by the president of the Senate or the president's designee.
2272          (c) The state board shall provide staff support to the parent committee.
2273          (d) The term of office of each member appointed in Subsection (5)(b) is four years.
2274          (e) The chair of the state board, the speaker of the House of Representatives, and the
2275     president of the Senate shall adjust the length of terms to stagger the terms of committee
2276     members so that approximately half of the committee members are appointed every two years.
2277          (f) No member may receive compensation or benefits for the member's service on the
2278     committee.
2279          Section 54. Section 53E-4-304 is amended to read:
2280          53E-4-304. High school assessments.
2281          (1) The state board shall adopt a high school assessment that:
2282          (a) is predictive of a student's college readiness as measured by the college readiness
2283     assessment described in Section 53E-4-305; and
2284          (b) provides a growth score for a student from grade 9 to 10.
2285          (2) A school district or charter school shall annually administer the high school
2286     assessment adopted by the state board under Subsection (1) to all students in grades 9 and 10.
2287          Section 55. Section 53E-4-305 is amended to read:
2288          53E-4-305. College readiness assessments.
2289          (1) The Legislature recognizes the need for the state board to develop and implement
2290     standards and assessment processes to ensure that student progress is measured and that

2291     [school] LEA governing boards and school personnel are accountable.
2292          (2) The state board shall adopt a college readiness assessment for secondary students
2293     that:
2294          (a) is the college readiness assessment most commonly submitted to local universities;
2295     and
2296          (b) may include:
2297          (i) the Armed Services Vocational Aptitude Battery; or
2298          (ii) a battery of assessments that are predictive of success in higher education.
2299          (3) (a) Except as provided in Subsection (3)(b), a school district or charter school shall
2300     annually administer the college readiness assessment adopted under Subsection (2) to all
2301     students in grade 11.
2302          (b) A student with an IEP may take an appropriate college readiness assessment other
2303     than the assessment adopted by the state board under Subsection (2), as determined by the
2304     student's IEP.
2305          (4) In accordance with Section 53F-4-202, the state board shall contract with a provider
2306     to provide an online college readiness diagnostic tool.
2307          Section 56. Section 53E-4-306 is amended to read:
2308          53E-4-306. State reading goal -- Reading achievement plan.
2309          (1) As used in this section:
2310          (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
2311     ability that has been organized into a hierarchical arrangement leading to higher levels of
2312     knowledge, skill, or ability.
2313          (b) "Five domains of reading" include phonological awareness, phonics, fluency,
2314     comprehension, and vocabulary.
2315          (2) (a) The Legislature recognizes that:
2316          (i) reading is the most fundamental skill, the gateway to knowledge and lifelong
2317     learning;
2318          (ii) there is an ever increasing demand for literacy in the highly technological society
2319     we live in;
2320          (iii) students who do not learn to read will be economically and socially disadvantaged;
2321          (iv) reading problems exist in almost every classroom;

2322          (v) almost all reading failure is preventable if reading difficulties are diagnosed and
2323     treated early; and
2324          (vi) early identification and treatment of reading difficulties can result in students
2325     learning to read by the end of [the third] grade 3.
2326          (b) It is therefore the goal of the state to have every student in the state's public
2327     education system reading on or above grade level by the end of [the third] grade 3.
2328          (3) (a) Each public school containing kindergarten, grade [one] 1, grade [two] 2, or
2329     grade [three] 3, including charter schools, shall develop, as a component of the school
2330     improvement plan described in Section 53G-7-1204, a reading achievement plan for its
2331     students in kindergarten through grade [three] 3 to reach the reading goal set in Subsection
2332     (2)(b).
2333          (b) The reading achievement plan shall be:
2334          (i) created under the direction of:
2335          (A) the school community council or a subcommittee or task force created by the
2336     school community council, in the case of a school district school; or
2337          (B) the charter school governing board or a subcommittee or task force created by the
2338     charter school governing board, in the case of a charter school; and
2339          (ii) implemented by the school's principal, teachers, and other appropriate school staff.
2340          (c) The school principal shall take primary responsibility to provide leadership and
2341     allocate resources and support for teachers and students, most particularly for those who are
2342     reading below grade level, to achieve the reading goal.
2343          (d) Each reading achievement plan shall include:
2344          (i) an assessment component that:
2345          (A) focuses on ongoing formative assessment to measure the five domains of reading,
2346     as appropriate, and inform individualized instructional decisions; and
2347          (B) includes a benchmark assessment of reading approved by the state board pursuant
2348     to Section 53E-4-307;
2349          (ii) an intervention component:
2350          (A) that provides adequate and appropriate interventions focused on each student
2351     attaining competency in reading skills;
2352          (B) based on best practices identified through proven researched-based methods;

2353          (C) that provides intensive intervention, such as focused instruction in small groups
2354     and individualized data driven instruction, implemented at the earliest possible time for
2355     students having difficulty in reading;
2356          (D) that provides an opportunity for parents to receive materials and guidance so that
2357     they will be able to assist their children in attaining competency in reading skills; and
2358          (E) that, as resources allow, may involve a reading specialist; and
2359          (iii) a reporting component that includes reporting to parents:
2360          (A) at the beginning, in the middle, and at the end of grade [one] 1, grade [two] 2, and
2361     grade [three] 3, their child's benchmark assessment results as required by Section 53E-4-307;
2362     and
2363          (B) at the end of [third] grade 3, their child's reading level.
2364          (e) In creating or reviewing a reading achievement plan as required by this section, a
2365     school community council, charter school governing board, or a subcommittee or task force of
2366     a school community council or charter school governing board may not have access to data that
2367     reveal the identity of students.
2368          (4) (a) The school district shall approve each plan developed by schools within the
2369     district prior to its implementation and review each plan annually.
2370          (b) The charter school governing board shall approve each plan developed by schools
2371     under its control and review each plan annually.
2372          (c) A school district and charter school governing board shall:
2373          (i) monitor the learning gains of a school's students as reported by the benchmark
2374     assessments administered pursuant to Section 53E-4-307; and
2375          (ii) require a reading achievement plan to be revised, if the school district or charter
2376     school governing board determines a school's students are not making adequate learning gains.
2377          Section 57. Section 53E-4-307 is amended to read:
2378          53E-4-307. Benchmark assessments in reading -- Report to parent.
2379          (1) As used in this section, "competency" means a demonstrable acquisition of a
2380     specified knowledge, skill, or ability that has been organized into a hierarchical arrangement
2381     leading to higher levels of knowledge, skill, or ability.
2382          (2) The state board shall approve a benchmark assessment for use statewide by school
2383     districts and charter schools to assess the reading competency of students in grades [one, two,

2384     and three] 1, 2, and 3 as provided by this section.
2385          (3) A school district or charter school shall:
2386          (a) administer benchmark assessments to students in grades [one, two, and three] 1, 2,
2387     and 3 at the beginning, middle, and end of the school year using the benchmark assessment
2388     approved by the state board; and
2389          (b) after administering a benchmark assessment, report the results to a student's parent
2390     [or guardian].
2391          (4) If a benchmark assessment or supplemental reading assessment indicates a student
2392     lacks competency in a reading skill, or is lagging behind other students in the student's grade in
2393     acquiring a reading skill, the school district or charter school shall:
2394          (a) provide focused individualized intervention to develop the reading skill;
2395          (b) administer formative assessments to measure the success of the focused
2396     intervention;
2397          (c) inform the student's parent [or guardian] of activities that the parent [or guardian]
2398     may engage in with the student to assist the student in improving reading proficiency; and
2399          (d) provide information to the parent [or guardian] regarding appropriate interventions
2400     available to the student outside of the regular school day that may include tutoring, before and
2401     after school programs, or summer school.
2402          (5) In accordance with Section 53F-4-201, the state board shall contract with one or
2403     more educational technology providers for a diagnostic assessment system for reading for
2404     students in kindergarten through grade 3.
2405          Section 58. Section 53E-4-308 is amended to read:
2406          53E-4-308. Unique student identifier -- Coordination of higher education and
2407     public education information technology systems.
2408          (1) As used in this section, "unique student identifier" means an alphanumeric code
2409     assigned to each public education student for identification purposes, which:
2410          (a) is not assigned to any former or current student; and
2411          (b) does not incorporate personal information, including a birth date or Social Security
2412     number.
2413          (2) The state board, through the state superintendent [of public instruction], shall
2414     assign each public education student a unique student identifier, which shall be used to track

2415     individual student performance on achievement tests administered under this part.
2416          (3) The state board and the State Board of Regents shall coordinate public education
2417     and higher education information technology systems to allow individual student academic
2418     achievement to be tracked through both education systems in accordance with this section and
2419     Section 53B-1-109.
2420          (4) The state board and the State Board of Regents shall coordinate access to the
2421     unique student identifier of a public education student who later attends an institution within
2422     the state system of higher education.
2423          Section 59. Section 53E-4-309 is amended to read:
2424          53E-4-309. Grade level specification change.
2425          (1) The state board may change a grade level specification for the administration of
2426     specific assessments under this part to a different grade level specification or a
2427     competency-based specification if the specification is more consistent with patterns of school
2428     organization.
2429          (2) (a) If the state board changes a grade level specification described in Subsection
2430     (1), the state board shall submit a report to the Legislature explaining the reasons for changing
2431     the grade level specification.
2432          (b) The state board shall submit the report at least six months before the anticipated
2433     change.
2434          Section 60. Section 53E-4-310 is amended to read:
2435          53E-4-310. Scoring -- Reports of results.
2436          (1) For a statewide assessment that requires the use of a student answer sheet, a local
2437     school board or charter school governing board shall submit all answer sheets on a per-school
2438     and per-class basis to the state superintendent [of public instruction] for scoring unless the
2439     assessment requires scoring by a national testing service.
2440          (2) The district, school, and class results of the statewide assessments, but not the score
2441     or relative position of individual students, shall be reported to each local school board or
2442     charter school governing board annually at a regularly scheduled meeting.
2443          (3) A local school board or charter school governing board:
2444          (a) shall make copies of the report available to the general public upon request; and
2445          (b) may charge a fee for the cost of copying the report.

2446          (4) (a) The state board shall annually provide to school districts and charter schools a
2447     comprehensive report for each of the school district's and charter school's students showing the
2448     student's statewide assessment results for each year that the student took a statewide
2449     assessment.
2450          (b) A school district or charter school shall give a copy of the comprehensive report to
2451     the student's parents and make the report available to school staff, as appropriate.
2452          Section 61. Section 53E-4-311 is amended to read:
2453          53E-4-311. Analysis of results -- Staff professional development.
2454          (1) The state board, through the state superintendent [of public instruction], shall
2455     develop an online data reporting tool to analyze the results of statewide assessments.
2456          (2) The online data reporting tool shall include components designed to:
2457          (a) assist school districts and individual schools to use the results of the analysis in
2458     planning, evaluating, and enhancing programs;
2459          (b) identify schools not achieving state-established acceptable levels of student
2460     performance in order to assist those schools in improving student performance levels; and
2461          (c) provide:
2462          (i) for statistical reporting of statewide assessment results at state, school district,
2463     school, and grade or course levels; and
2464          (ii) actual levels of performance on statewide assessments.
2465          (3) A local school board or charter school governing board shall provide for:
2466          (a) evaluation of the statewide assessment results and use of the evaluations in setting
2467     goals and establishing programs; and
2468          (b) a professional development program that provides teachers, principals, and other
2469     professional staff with the training required to successfully establish and maintain statewide
2470     assessments.
2471          Section 62. Section 53E-4-312 is amended to read:
2472          53E-4-312. Preparation for tests.
2473          (1) School district employees may not conduct any specific instruction or preparation
2474     of students that would be a breach of testing ethics, such as the teaching of specific test
2475     questions.
2476          (2) School district employees who administer the test shall follow the standardization

2477     procedures in the test administration manual for an assessment and any additional specific
2478     instructions developed by the state board.
2479          (3) The state board may revoke the certification of an individual who violates this
2480     section.
2481          Section 63. Section 53E-4-314 is amended to read:
2482          53E-4-314. School readiness assessment.
2483          (1) As used in this section:
2484          (a) "School readiness assessment" means the preschool entry assessment described in
2485     this section.
2486          (b) "School readiness program" means a preschool program:
2487          (i) in which a student participates in the year before the student is expected to enroll in
2488     kindergarten; and
2489          (ii) that receives funding under:
2490          (A) Title 53F, Chapter 5, Part 3, High Quality School Readiness Program; or
2491          (B) Title 53F, Chapter 6, Part 3, School Readiness Initiative.
2492          (2) The [State Board of Education] state board shall develop a school readiness
2493     assessment that aligns with the kindergarten entry and exit assessment described in Section
2494     53F-4-205.
2495          (3) A school readiness program shall:
2496          (a) except as provided in Subsection (4), administer to each student who participates in
2497     the school readiness program:
2498          (i) the school readiness assessment at the beginning of the student's participation in the
2499     school readiness program; and
2500          (ii) the kindergarten entry assessment described in Section 53F-4-205 at the end of the
2501     student's participation in the school readiness program; and
2502          (b) report the results of the assessments described in Subsection (3)(a) or (4) to:
2503          (i) the [State Board of Education] state board; and
2504          (ii) the Department of Workforce Services.
2505          (4) In place of the assessments described in Subsection (3)(a), a school readiness
2506     program that is offered through home-based technology may administer to each student who
2507     participates in the school readiness program:

2508          (a) a validated computer adaptive pre-assessment at the beginning of the student's
2509     participation in the school readiness program; and
2510          (b) a validated computer adaptive post-assessment at the end of the student's
2511     participation in the school readiness program.
2512          Section 64. Section 53E-4-402 is amended to read:
2513          53E-4-402. Creation of commission -- Powers -- Payment of expenses.
2514          (1) The [State Board of Education] state board shall appoint a State Instructional
2515     Materials Commission consisting of:
2516          (a) the state superintendent [of public instruction] or the state superintendent's
2517     designee;
2518          (b) a school district superintendent;
2519          (c) a secondary school principal;
2520          (d) an elementary school principal;
2521          (e) a secondary school teacher;
2522          (f) an elementary school teacher;
2523          (g) five persons not employed in public education; and
2524          (h) a dean of a school of education of a state college or university.
2525          (2) The commission shall evaluate instructional materials for recommendation by the
2526     state board.
2527          (3) Members shall serve without compensation, but their actual and necessary expenses
2528     incurred in the performance of their official duties shall be paid out of money appropriated to
2529     the state board.
2530          Section 65. Section 53E-4-403 is amended to read:
2531          53E-4-403. Commission's evaluation of instructional materials --
2532     Recommendation by the state board.
2533          (1) Semi-annually after reviewing the evaluations of the commission, the state board
2534     shall recommend instructional materials for use in the public schools.
2535          (2) The standard period of time instructional materials shall remain on the list of
2536     recommended instructional materials shall be five years.
2537          (3) Unsatisfactory instructional materials may be removed from the list of
2538     recommended instructional materials at any time within the period applicable to the

2539     instructional materials.
2540          (4) Except as provided in Section 53G-10-402, each school shall have discretion to
2541     select instructional materials for use by the school. A school may select:
2542          (a) instructional materials recommended by the state board as provided in this section;
2543     or
2544          (b) other instructional materials the school considers appropriate to teach the core
2545     standards for Utah public schools.
2546          Section 66. Section 53E-4-404 is amended to read:
2547          53E-4-404. Meetings -- Notice.
2548          (1) The commission shall meet at the call of the state superintendent [of public
2549     instruction] or the state superintendent's designee.
2550          (2) Notice of a meeting shall be given as required under Section 52-4-202.
2551          Section 67. Section 53E-4-406 is amended to read:
2552          53E-4-406. Awarding instructional materials contracts.
2553          (1) The state board shall award contracts for furnishing instructional materials.
2554          (2) If a satisfactory proposal to furnish instructional materials is not received, a new
2555     request for proposals may be issued.
2556          Section 68. Section 53E-4-407 is amended to read:
2557          53E-4-407. Illegal acts -- Misdemeanor.
2558          It is a class B misdemeanor for a member of the commission or the state board to
2559     receive money or other remuneration as an inducement for the recommendation or introduction
2560     of instructional materials into the schools.
2561          Section 69. Section 53E-4-408 is amended to read:
2562          53E-4-408. Instructional materials alignment with core standards for Utah public
2563     schools.
2564          (1) For a school year beginning with or after the 2012-13 school year, a school district
2565     may not purchase primary instructional materials unless the primary instructional materials
2566     provider:
2567          (a) contracts with an independent party to evaluate and map the alignment of the
2568     primary instructional materials with the core standards for Utah public schools adopted under
2569     Section 53E-3-501;

2570          (b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
2571     website at no charge, for use by teachers and the general public; and
2572          (c) pays the costs related to the requirements of this Subsection (1).
2573          (2) The requirements under Subsection (1) may not be performed by:
2574          (a) the [State Board of Education] state board;
2575          (b) the state superintendent [of public instruction] or employees of the [State Board of
2576     Education] state board;
2577          (c) the State Instructional Materials Commission appointed pursuant to Section
2578     53E-4-402;
2579          (d) a local school board or a school district; or
2580          (e) the instructional materials creator or publisher.
2581          [(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2582     the State Board of Education]
2583          (3) The state board shall make rules that establish:
2584          (a) the qualifications of the independent parties who may evaluate and map the
2585     alignment of the primary instructional materials in accordance with the provisions of
2586     Subsection (1)(a); and
2587          (b) requirements for the detailed summary of the evaluation and its placement on a
2588     public website in accordance with the provisions of Subsection (1)(b).
2589          Section 70. Section 53E-5-201 is amended to read:
2590          53E-5-201. Definitions.
2591          As used in this part:
2592          [(1) "Board" means the State Board of Education.]
2593          [(2) "Individualized education program" means a written statement for a student with a
2594     disability that is developed, reviewed, and revised in accordance with the Individuals with
2595     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.]
2596          [(3)] (1) "Lowest performing 25% of students" means the proportion of a school's
2597     students who scored in the lowest 25% of students in the school on a statewide assessment
2598     based on the prior school year's scores.
2599          [(4)] (2) "Statewide assessment" means one or more of the following, as applicable:
2600          (a) a standards assessment described in Section 53E-4-303;

2601          (b) a high school assessment described in Section 53E-4-304;
2602          (c) a college readiness assessment described in Section 53E-4-305; or
2603          (d) an alternate assessment administered to a student with a disability.
2604          Section 71. Section 53E-5-202 is amended to read:
2605          53E-5-202. Statewide school accountability system -- State board rulemaking.
2606          (1) There is established a statewide school accountability system.
2607          [(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2608     the]
2609          (2) The state board shall make rules to implement the school accountability system in
2610     accordance with this part.
2611          Section 72. Section 53E-5-203 is amended to read:
2612          53E-5-203. Schools included in school accountability system -- Other indicators
2613     and point distribution for a school that serves a special student population.
2614          (1) Except as provided in Subsection (2), the state board shall include all public
2615     schools in the state in the school accountability system established under this part.
2616          (2) The state board shall exempt from the school accountability system:
2617          (a) a school in which the number of students tested on a statewide assessment is lower
2618     than the minimum sample size necessary, based on acceptable professional practice for
2619     statistical reliability, or when release of the information would violate 20 U.S.C. Sec. 1232h,
2620     the prevention of the unlawful release of personally identifiable student data;
2621          (b) a school in the school's first year of operations if the school's local school board or
2622     charter school governing board requests the exemption; or
2623          (c) a high school in the school's second year of operations if the school's local school
2624     board or charter school governing board requests the exemption.
2625          (3) Notwithstanding the provisions of this part, the state board may use, to
2626     appropriately assess the educational impact of a school that serves a special student population:
2627          (a) other indicators in addition to the indicators described in Section 53E-5-205 or
2628     53E-5-206; or
2629          (b) different point distribution than the point distribution described in Section
2630     53E-5-207.
2631          Section 73. Section 53E-5-204 is amended to read:

2632          53E-5-204. Rating schools.
2633          (1) Except as provided in Subsection (3), and in accordance with this part, the state
2634     board shall annually assign to each school an overall rating using an A through F letter grading
2635     scale where, based on the school's performance level on the indicators described in Subsection
2636     (2):
2637          (a) an A grade represents an exemplary school;
2638          (b) a B grade represents a commendable school;
2639          (c) a C grade represents a typical school;
2640          (d) a D grade represents a developing school; and
2641          (e) an F grade represents a critical needs school.
2642          (2) A school's overall rating described in Subsection (1) shall be based on the school's
2643     performance on the indicators described in:
2644          (a) Section 53E-5-205, for an elementary school or a middle school; or
2645          (b) Section 53E-5-206, for a high school.
2646          (3) (a) For a school year in which the state board determines it is necessary to establish,
2647     due to a transition to a new assessment, a new baseline to determine student growth described
2648     in Section 53E-5-210, the state board is not required to assign an overall rating described in
2649     Subsection (1) to a school to which the new baseline applies.
2650          (b) For the 2017-2018 school year, the state board:
2651          (i) shall evaluate a school based on the school's performance level on the indicators
2652     described in Subsection (2) and in accordance with this part; and
2653          (ii) is not required to assign a school an overall rating described in Subsection (1).
2654          Section 74. Section 53E-5-205 is amended to read:
2655          53E-5-205. Indicators for elementary and middle schools.
2656          For an elementary school or a middle school, the state board shall assign the school's
2657     overall rating, in accordance with Section 53E-5-207, based on the school's performance on the
2658     following indicators:
2659          (1) academic achievement as measured by performance on a statewide assessment of
2660     English language arts, mathematics, and science;
2661          (2) academic growth as measured by progress from year to year on a statewide
2662     assessment of English language arts, mathematics, and science; and

2663          (3) equitable educational opportunity as measured by:
2664          (a) academic growth of the lowest performing 25% of students as measured by
2665     progress of the lowest performing 25% of students on a statewide assessment of English
2666     language arts, mathematics, and science; and
2667          (b) except as provided in Section 53E-5-209, English learner progress as measured by
2668     performance on an English learner assessment established by the state board.
2669          Section 75. Section 53E-5-206 is amended to read:
2670          53E-5-206. Indicators for high schools.
2671          For a high school, in accordance with Section 53E-5-207, the state board shall assign
2672     the school's overall rating based on the school's performance on the following indicators:
2673          (1) academic achievement as measured by performance on a statewide assessment of
2674     English language arts, mathematics, and science;
2675          (2) academic growth as measured by progress from year to year on a statewide
2676     assessment of English language arts, mathematics, and science;
2677          (3) equitable educational opportunity as measured by:
2678          (a) academic growth of the lowest performing 25% of students as measured by
2679     progress of the lowest performing 25% of students on a statewide assessment of English
2680     language arts, mathematics, and science; and
2681          (b) except as provided in Section 53E-5-209, English learner progress as measured by
2682     performance on an English learner assessment established by the state board; and
2683          (4) postsecondary readiness as measured by:
2684          (a) the school's graduation rate, as described in Section 53E-5-207;
2685          (b) student performance, as described in Section 53E-5-207, on a college readiness
2686     assessment described in Section 53E-4-305; and
2687          (c) student achievement in advanced course work, as described in Section 53E-5-207.
2688          Section 76. Section 53E-5-207 is amended to read:
2689          53E-5-207. Calculation of points.
2690          (1) (a) The state board shall award to a school points for academic achievement
2691     described in Subsection 53E-5-205(1) or 53E-5-206(1) as follows:
2692          (i) the state board shall award a school points proportional to the percentage of the
2693     school's students who, out of all the school's students who take a statewide assessment of

2694     English language arts, score at or above the proficient level on the assessment;
2695          (ii) the state board shall award a school points proportional to the percentage of the
2696     school's students who, out of all the school's students who take a statewide assessment of
2697     mathematics, score at or above the proficient level on the assessment; and
2698          (iii) the state board shall award a school points proportional to the percentage of the
2699     school's students who, out of all the school's students who take a statewide assessment of
2700     science, score at or above the proficient level on the assessment.
2701          (b) (i) The maximum number of total points possible for academic achievement
2702     described in Subsection (1)(a) is 56 points.
2703          (ii) The maximum number of points possible for a component listed in Subsection
2704     (1)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (1)(b)(i).
2705          (2) (a) Subject to Subsection (2)(b), the state board shall award to a school points for
2706     academic growth described in Subsection 53E-5-205(2) or 53E-5-206(2) as follows:
2707          (i) the state board shall award a school points for growth of the school's students on a
2708     statewide assessment of English language arts;
2709          (ii) the state board shall award a school points for growth of the school's students on a
2710     statewide assessment of mathematics; and
2711          (iii) the state board shall award a school points for growth of the school's students on a
2712     statewide assessment of science.
2713          (b) The state board shall determine points for growth awarded under Subsection (2)(a)
2714     by indexing the points based on:
2715          (i) whether a student's performance on a statewide assessment is equal to or exceeds
2716     the student's academic growth target; and
2717          (ii) the amount of a student's growth on a statewide assessment compared to other
2718     students with similar prior assessment scores.
2719          (c) (i) The maximum number of total points possible for academic growth described in
2720     Subsection (2)(a) is 56 points.
2721          (ii) The maximum number of points possible for a component listed in Subsection
2722     (2)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (2)(c)(i).
2723          (3) (a) Subject to Subsection (3)(b), the state board shall award to a school points for
2724     equitable educational opportunity described in Subsection 53E-5-205(3) or 53E-5-206(3) as

2725     follows:
2726          (i) the state board shall award a school points for growth of the school's lowest
2727     performing 25% of students on a statewide assessment of English language arts;
2728          (ii) the state board shall award a school points for growth of the school's lowest
2729     performing 25% of students on a statewide assessment of mathematics;
2730          (iii) the state board shall award a school points for growth of the school's lowest
2731     performing 25% of students on a statewide assessment of science; and
2732          (iv) except as provided in Section 53E-5-209, the state board shall award to a school
2733     points proportional to the percentage of English learners who achieve adequate progress as
2734     determined by the state board on an English learner assessment established by the state board.
2735          (b) The state board shall determine points for academic growth awarded under
2736     Subsection (3)(a)(i), (ii), or (iii) by indexing the points based on the amount of a student's
2737     growth on a statewide assessment compared to other students with similar prior assessment
2738     scores.
2739          (c) (i) The maximum number of total points possible for equitable educational
2740     opportunity described in Subsection (3)(a) is 38 points.
2741          (ii) The maximum number of points possible for the components listed in Subsection
2742     (3)(a)(i), (ii), and (iii), combined, is 25 points.
2743          (iii) The maximum number of points possible for a component listed in Subsection
2744     (3)(a)(i), (ii), or (iii) is one-third of the number of the combined points described in Subsection
2745     (3)(c)(ii).
2746          (iv) The maximum number of points possible for the component listed in Subsection
2747     (3)(a)(iv) is 13 points.
2748          (4) (a) The state board shall award to a high school points for postsecondary readiness
2749     described in Subsection 53E-5-206(4) as follows:
2750          (i) the state board shall award to a high school points proportional to the percentage of
2751     the school's students who, out of all the school's students who take a college readiness
2752     assessment described in Section 53E-4-305, receive a composite score of at least 18 on the
2753     assessment;
2754          (ii) the state board shall award to a high school points proportional to the percentage of
2755     the school's students who achieve at least one of the following:

2756          (A) a C grade or better in an Advanced Placement course;
2757          (B) a C grade or better in a concurrent enrollment course;
2758          (C) a C grade or better in an International Baccalaureate course; or
2759          (D) completion of a career and technical education pathway, as defined by the state
2760     board; and
2761          (iii) in accordance with Subsection (4)(c), the state board shall award to a high school
2762     points proportional to the percentage of the school's students who graduate from the school.
2763          (b) (i) The maximum number of total points possible for postsecondary readiness
2764     described in Subsection (4)(a) is 75 points.
2765          (ii) The maximum number of points possible for a component listed in Subsection
2766     (4)(a)(i), (ii), or (iii) is one-third of the number of points described in Subsection (4)(b)(i).
2767          (c) (i) In calculating the percentage of students who graduate described in Subsection
2768     (4)(a)(iii), except as provided in Subsection (4)(c)(ii), the state board shall award to a high
2769     school points proportional to the percentage of the school's students who graduate from the
2770     school within four years.
2771          (ii) The state board may award up to 10% of the points allocated for high school
2772     graduation described in Subsection (4)(b)(ii) to a school for students who graduate from the
2773     school within five years.
2774          Section 77. Section 53E-5-208 is amended to read:
2775          53E-5-208. Calculation of total points awarded -- Maximum number of total
2776     points possible.
2777          (1) Except as provided in Section 53E-5-209, the state board shall calculate the number
2778     of total points awarded to a school by totaling the number of points the state board awards to
2779     the school in accordance with Section 53E-5-207.
2780          (2) The maximum number of total points possible under Subsection (1) is:
2781          (a) for an elementary school or a middle school, 150 points; or
2782          (b) for a high school, 225 points.
2783          Section 78. Section 53E-5-209 is amended to read:
2784          53E-5-209. Exclusion of English learner progress -- Calculation of total points
2785     awarded for a school with fewer than 10 English learners.
2786          (1) For a school that has fewer than 10 English learners, the state board shall:

2787          (a) exclude the use of English learner progress in determining the school's overall
2788     rating by:
2789          (i) awarding no points to the school for English learner progress described in
2790     Subsection 53E-5-207(3)(a)(iv); and
2791          (ii) excluding the points described in Subsection 53E-5-207(3)(c)(iv) from the school's
2792     maximum points possible; and
2793          (b) calculate the number of total points awarded to the school by totaling the number of
2794     points the state board awards to the school in accordance with Section 53E-5-207 subject to the
2795     exclusion described in Subsection (1)(a).
2796          (2) The maximum number of total points possible under Subsection (1) is:
2797          (a) for an elementary school or a middle school, 137 points; or
2798          (b) for a high school, 212 points.
2799          Section 79. Section 53E-5-210 is amended to read:
2800          53E-5-210. State board duties -- Proficient level -- Student growth -- English
2801     learner adequate progress.
2802          (1) (a) For the purpose of determining whether a student scores at or above the
2803     proficient level on a statewide assessment, the state board shall determine, through a process
2804     that evaluates student performance based on specific criteria, the minimum level that
2805     demonstrates proficiency for each statewide assessment.
2806          (b) If the state board adjusts the minimum level that demonstrates proficiency
2807     described in Subsection (1)(a), the state board shall report the adjustment and the reason for the
2808     adjustment to the Education Interim Committee no later than 30 days after the day on which the
2809     state board makes the adjustment.
2810          (2) (a) For the purpose of determining whether a student's performance on a statewide
2811     assessment is equal to or exceeds the student's academic growth target, the state board shall
2812     calculate, for each individual student, the amount of growth necessary to achieve or maintain
2813     proficiency by a future school year determined by the state board.
2814          (b) For the purpose of determining the amount of a student's growth on a statewide
2815     assessment compared to other students with similar prior assessment scores, the state board
2816     shall calculate growth as a percentile for a student using appropriate statistical methods.
2817          (3) For the purpose of determining whether an English learner achieves adequate

2818     progress on an English learner assessment established by the state board, the state board shall
2819     determine the minimum progress that demonstrates adequate progress.
2820          Section 80. Section 53E-5-211 is amended to read:
2821          53E-5-211. Reporting.
2822          (1) The state board shall annually publish on the state board's website a report card that
2823     includes for each school:
2824          (a) the school's overall rating described in Subsection 53E-5-204(1);
2825          (b) the school's performance on each indicator described in:
2826          (i) Section 53E-5-205, for an elementary school or a middle school; or
2827          (ii) Section 53E-5-206, for a high school;
2828          (c) information comparing the school's performance on each indicator described in
2829     Subsection (1)(b) with:
2830          (i) the average school performance; and
2831          (ii) the school's performance in all previous years for which data is available;
2832          (d) the percentage of students who participated in statewide assessments;
2833          (e) for an elementary school, the percentage of students who read on grade level in
2834     grades 1 through 3; and
2835          (f) for a high school, performance on Advanced Placement exams.
2836          (2) A school may include in the school's report card described in Subsection (1) up to
2837     two self-reported school quality indicators that:
2838          (a) are approved by the state board for inclusion; and
2839          (b) may include process or input indicators.
2840          (3) (a) The state board shall develop an individualized student achievement report that
2841     includes:
2842          (i) information on the student's level of proficiency as measured by a statewide
2843     assessment; and
2844          (ii) a comparison of the student's academic growth target and actual academic growth
2845     as measured by a statewide assessment.
2846          (b) The state board shall, subject to the Family Educational Rights and Privacy Act, 20
2847     U.S.C. Sec. 1232g, make the individualized student achievement report described in
2848     Subsection (3)(a) available for a school district or charter school to access electronically.

2849          (c) A school district or charter school shall distribute an individualized student
2850     achievement report to the parent [or guardian] of the student to whom the report applies.
2851          Section 81. Section 53E-5-301 is amended to read:
2852          53E-5-301. Definitions.
2853          As used in this part:
2854          [(1) "Board" means the State Board of Education.]
2855          [(2)] (1) "Charter school authorizer" means the same as that term is defined in Section
2856     53G-5-102.
2857          [(3) "Charter school governing board" means the governing board, as defined in
2858     Section 53G-5-102, that governs a charter.]
2859          [(4) "District school" means a public school under the control of a local school board
2860     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
2861     Boards.]
2862          [(5)] (2) "Educator" means the same as that term is defined in Section 53E-6-102.
2863          [(6)] (3) "Final remedial year" means the second school year following the initial
2864     remedial year.
2865          [(7)] (4) "Independent school turnaround expert" or "turnaround expert" means a
2866     person identified by the state board under Section 53E-5-305.
2867          [(8)] (5) "Initial remedial year" means the school year a district school or charter school
2868     is designated as a low performing school under Section 53E-5-302.
2869          [(9)] (6) "[Local education] LEA governing board" means a local school board or
2870     charter school governing board.
2871          [(10) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
2872     Election of Members of Local Boards of Education.]
2873          [(11)] (7) "Low performing school" means a district school or charter school that has
2874     been designated a low performing school by the state board because the school is:
2875          (a) for two consecutive school years in the lowest performing 3% of schools statewide
2876     according to the percentage of possible points earned under the school accountability system;
2877     and
2878          (b) a low performing school according to other outcome-based measures as may be
2879     defined in rules made by the state board [in accordance with Title 63G, Chapter 3, Utah

2880     Administrative Rulemaking Act].
2881          [(12)] (8) "School accountability system" means the school accountability system
2882     established in Part 2, School Accountability System.
2883          [(13)] (9) "School grade" or "grade" means the letter grade assigned to a school as the
2884     school's overall rating under the school accountability system.
2885          [(14)] (10) "School turnaround committee" means a committee established under:
2886          (a) for a district school, Section 53E-5-303; or
2887          (b) for a charter school, Section 53E-5-304.
2888          [(15)] (11) "School turnaround plan" means a plan described in:
2889          (a) for a district school, Section 53E-5-303; or
2890          (b) for a charter school, Section 53E-5-304.
2891          Section 82. Section 53E-5-302 is amended to read:
2892          53E-5-302. State board to designate low performing schools -- Needs assessment.
2893          (1) Except as provided in Subsection (4), the state board shall:
2894          (a) annually designate a school as a low performing school; and
2895          (b) conduct a needs assessment for a low performing school by thoroughly analyzing
2896     the root causes of the low performing school's low performance.
2897          (2) The state board may use up to 5% of the appropriation provided under this part to
2898     hire or contract with one or more individuals to conduct a needs assessment described in
2899     Subsection (1)(b).
2900          (3) A school that was designated as a low performing school based on 2015-2016
2901     school year performance that is not in the lowest performing 3% of schools statewide following
2902     the 2016-2017 school year is exempt from the provisions of this part.
2903          (4) The state board is not required to designate as a low performing school a school for
2904     which the state board is not required to assign an overall rating in accordance with Section
2905     53E-5-204.
2906          Section 83. Section 53E-5-303 is amended to read:
2907          53E-5-303. Required action to turn around a low performing district school.
2908          (1) In accordance with deadlines established by the state board, a local school board of
2909     a low performing school shall:
2910          (a) establish a school turnaround committee composed of the following members:

2911          (i) the local school board member who represents the voting district where the low
2912     performing school is located;
2913          (ii) the school principal;
2914          (iii) three parents of students enrolled in the low performing school appointed by the
2915     chair of the school community council;
2916          (iv) one teacher at the low performing school appointed by the principal;
2917          (v) one teacher at the low performing school appointed by the school district
2918     superintendent; and
2919          (vi) one school district administrator;
2920          (b) solicit proposals from a turnaround expert identified by the state board under
2921     Section 53E-5-305;
2922          (c) partner with the school turnaround committee to select a proposal;
2923          (d) submit the proposal described in Subsection (1)(b) to the state board for review and
2924     approval; and
2925          (e) subject to Subsections (3) and (4), contract with a turnaround expert.
2926          (2) A proposal described in Subsection (1)(b) shall include a:
2927          (a) strategy to address the root causes of the low performing school's low performance
2928     identified through the needs assessment described in Section 53E-5-302; and
2929          (b) scope of work to facilitate implementation of the strategy that includes at least the
2930     activities described in Subsection (4)(b).
2931          (3) A local school board may not select a turnaround expert that is:
2932          (a) the school district; or
2933          (b) an employee of the school district.
2934          (4) A contract between a local school board and a turnaround expert:
2935          (a) shall be based on an explicit stipulation of desired outcomes and consequences for
2936     not meeting goals, including cancellation of the contract;
2937          (b) shall include a scope of work that requires the turnaround expert to at a minimum:
2938          (i) develop and implement, in partnership with the school turnaround committee, a
2939     school turnaround plan that meets the criteria described in Subsection (5);
2940          (ii) monitor the effectiveness of a school turnaround plan through reliable means of
2941     evaluation, including on-site visits, observations, surveys, analysis of student achievement data,

2942     and interviews;
2943          (iii) provide ongoing implementation support and project management for a school
2944     turnaround plan;
2945          (iv) provide high-quality professional development personalized for school staff that is
2946     designed to build:
2947          (A) the leadership capacity of the school principal;
2948          (B) the instructional capacity of school staff;
2949          (C) educators' capacity with data-driven strategies by providing actionable, embedded
2950     data practices; and
2951          (v) leverage support from community partners to coordinate an efficient delivery of
2952     supports to students inside and outside the classroom;
2953          (c) may include a scope of work that requires the turnaround expert to:
2954          (i) develop sustainable school district and school capacities to effectively respond to
2955     the academic and behavioral needs of students in high poverty communities; or
2956          (ii) other services that respond to the needs assessment conducted under Section
2957     53E-5-302;
2958          (d) shall include travel costs and payment milestones; and
2959          (e) may include pay for performance provisions.
2960          (5) A school turnaround committee shall partner with the turnaround expert selected
2961     under Subsection (1) to develop and implement a school turnaround plan that:
2962          (a) addresses the root causes of the low performing school's low performance identified
2963     through the needs assessment described in Section 53E-5-302;
2964          (b) includes recommendations regarding changes to the low performing school's
2965     personnel, culture, curriculum, assessments, instructional practices, governance, leadership,
2966     finances, policies, or other areas that may be necessary to implement the school turnaround
2967     plan;
2968          (c) includes measurable student achievement goals and objectives and benchmarks by
2969     which to measure progress;
2970          (d) includes a professional development plan that identifies a strategy to address
2971     problems of instructional practice;
2972          (e) includes a detailed budget specifying how the school turnaround plan will be

2973     funded;
2974          (f) includes a plan to assess and monitor progress;
2975          (g) includes a plan to communicate and report data on progress to stakeholders; and
2976          (h) includes a timeline for implementation.
2977          (6) A local school board of a low performing school shall:
2978          (a) prioritize school district funding and resources to the low performing school;
2979          (b) grant the low performing school streamlined authority over staff, schedule, policies,
2980     budget, and academic programs to implement the school turnaround plan; and
2981          (c) assist the turnaround expert and the low performing school with:
2982          (i) addressing the root cause of the low performing school's low performance; and
2983          (ii) the development or implementation of a school turnaround plan.
2984          (7) (a) On or before June 1 of an initial remedial year, a school turnaround committee
2985     shall submit the school turnaround plan to the local school board for approval.
2986          (b) Except as provided in Subsection (7)(c), on or before July 1 of an initial remedial
2987     year, a local school board of a low performing school shall submit the school turnaround plan
2988     to the state board for approval.
2989          (c) If the local school board does not approve the school turnaround plan submitted
2990     under Subsection (7)(a), the school turnaround committee may appeal the disapproval in
2991     accordance with rules made by the state board as described in Subsection 53E-5-305(6).
2992          (8) A local school board, or a local school board's designee, shall annually report to the
2993     state board progress toward the goals, benchmarks, and timetable in a low performing school's
2994     turnaround plan.
2995          Section 84. Section 53E-5-304 is amended to read:
2996          53E-5-304. Required action to terminate or turn around a low performing
2997     charter school.
2998          (1) In accordance with deadlines established by the state board, a charter school
2999     authorizer of a low performing school shall initiate a review to determine whether the charter
3000     school is in compliance with the school's charter agreement described in Section 53G-5-303,
3001     including the school's established minimum standards for student achievement.
3002          (2) If a low performing school is found to be out of compliance with the school's
3003     charter agreement, the charter school authorizer may terminate the school's charter agreement

3004     in accordance with Section 53G-5-503.
3005          (3) A charter school authorizer shall make a determination on the status of a low
3006     performing school's charter agreement under Subsection (2) on or before a date specified by the
3007     state board in an initial remedial year.
3008          (4) In accordance with deadlines established by the state board, if a charter school
3009     authorizer does not terminate a low performing school's charter agreement under Subsection
3010     (2), a charter school governing board of a low performing school shall:
3011          (a) establish a school turnaround committee composed of the following members:
3012          (i) a member of the charter school governing board, appointed by the chair of the
3013     charter school governing board;
3014          (ii) the school principal;
3015          (iii) three parents of students enrolled in the low performing school, appointed by the
3016     chair of the charter school governing board; and
3017          (iv) two teachers at the low performing school, appointed by the school principal;
3018          (b) solicit proposals from a turnaround expert identified by the state board under
3019     Section 53E-5-305;
3020          (c) partner with the school turnaround committee to select a proposal;
3021          (d) submit the proposal described in Subsection (4)(b) to the state board for review and
3022     approval; and
3023          (e) subject to Subsections (6) and (7), contract with a turnaround expert.
3024          (5) A proposal described in Subsection (4)(b) shall include a:
3025          (a) strategy to address the root causes of the low performing school's low performance
3026     identified through the needs assessment described in Section 53E-5-302; and
3027          (b) scope of work to facilitate implementation of the strategy that includes at least the
3028     activities described in Subsection 53E-5-303(4)(b).
3029          (6) A charter school governing board may not select a turnaround expert that:
3030          (a) is a member of the charter school governing board;
3031          (b) is an employee of the charter school; or
3032          (c) has a contract to operate the charter school.
3033          (7) A contract entered into between a charter school governing board and a turnaround
3034     expert shall include and reflect the requirements described in Subsection 53E-5-303(4).

3035          (8) (a) A school turnaround committee shall partner with the independent school
3036     turnaround expert selected under Subsection (4) to develop and implement a school turnaround
3037     plan that includes the elements described in Subsection 53E-5-303(5).
3038          (b) A charter school governing board shall assist a turnaround expert and a low
3039     performing charter school with:
3040          (i) addressing the root cause of the low performing school's low performance; and
3041          (ii) the development or implementation of a school turnaround plan.
3042          (9) (a) On or before June 1 of an initial remedial year, a school turnaround committee
3043     shall submit the school turnaround plan to the charter school governing board for approval.
3044          (b) Except as provided in Subsection (9)(c), on or before July 1 of an initial remedial
3045     year, a charter school governing board of a low performing school shall submit the school
3046     turnaround plan to the state board for approval.
3047          (c) If the charter school governing board does not approve the school turnaround plan
3048     submitted under Subsection (9)(a), the school turnaround committee may appeal the
3049     disapproval in accordance with rules made by the state board as described in Subsection
3050     53E-5-305(6).
3051          (10) The provisions of this part do not modify or limit a charter school authorizer's
3052     authority at any time to terminate a charter school's charter agreement in accordance with
3053     Section 53G-5-503.
3054          (11) A charter school governing board or a charter school governing board's designee
3055     shall annually report to the state board progress toward the goals, benchmarks, and timetable in
3056     a low performing school's turnaround plan.
3057          Section 85. Section 53E-5-305 is amended to read:
3058          53E-5-305. State board to identify independent school turnaround experts --
3059     Review and approval of school turnaround plans -- Appeals process.
3060          (1) The state board shall identify two or more approved independent school turnaround
3061     experts, through a standard procurement process, that a low performing school may contract
3062     with to:
3063          (a) respond to the needs assessment conducted under Section 53E-5-302; and
3064          (b) provide the services described in Section 53E-5-303 or 53E-5-304, as applicable.
3065          (2) In identifying independent school turnaround experts under Subsection (1), the state

3066     board shall identify experts that:
3067          (a) have a credible track record of improving student academic achievement in public
3068     schools with various demographic characteristics, as measured by statewide assessments
3069     described in Section 53E-4-301;
3070          (b) have experience designing, implementing, and evaluating data-driven instructional
3071     systems in public schools;
3072          (c) have experience coaching public school administrators and teachers on designing
3073     data-driven school improvement plans;
3074          (d) have experience working with the various education entities that govern public
3075     schools;
3076          (e) have experience delivering high-quality professional development in instructional
3077     effectiveness to public school administrators and teachers; and
3078          (f) are willing to partner with any low performing school in the state, regardless of
3079     location.
3080          (3) (a) The state board shall:
3081          (i) review a proposal submitted for approval under Section 53E-5-303 or 53E-5-304 no
3082     later than 30 days after the day on which the proposal is submitted;
3083          (ii) review a school turnaround plan submitted for approval under Subsection
3084     53E-5-303(7)(b) or under Subsection 53E-5-304(9)(b) within 30 days of submission; and
3085          (iii) approve a school turnaround plan that:
3086          (A) is timely;
3087          (B) is well-developed; and
3088          (C) meets the criteria described in Subsection 53E-5-303(5).
3089          (b) The state board may not approve a school turnaround plan that is not aligned with
3090     the needs assessment conducted under Section 53E-5-302.
3091          (4) (a) Subject to legislative appropriations, when a school turnaround plan is approved
3092     by the state board, the state board shall distribute funds to each [local education] LEA
3093     governing board with a low performing school to carry out the provisions of Sections
3094     53E-5-303 and 53E-5-304.
3095          [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3096     the]

3097          (b) The state board shall make rules establishing a distribution method and allowable
3098     uses of the funds described in Subsection (4)(a).
3099          (5) The state board shall:
3100          (a) monitor and assess progress toward the goals, benchmarks and timetable in each
3101     school turnaround plan; and
3102          (b) act as a liaison between a local school board, low performing school, and
3103     turnaround expert.
3104          [(6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3105     the]
3106          (6) (a) The state board shall make rules to establish an appeals process for:
3107          (i) a low performing district school that is not granted approval from the district
3108     school's local school board under Subsection 53E-5-303(7)(b);
3109          (ii) a low performing charter school that is not granted approval from the charter
3110     school's charter school governing board under Subsection 53E-5-304(9)(b); and
3111          (iii) a local school board or charter school governing board that is not granted approval
3112     from the state board under Subsection (3)(a) or (b).
3113          (b) The state board shall ensure that rules made under Subsection (6)(a) require an
3114     appeals process described in:
3115          (i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial
3116     remedial year; and
3117          (ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial
3118     year.
3119          (7) The state board may use up to 4% of the funds appropriated by the Legislature to
3120     carry out the provisions of this part for administration if the amount for administration is
3121     approved by the state board in an open meeting.
3122          Section 86. Section 53E-5-306 is amended to read:
3123          53E-5-306. Implications for failing to improve school performance.
3124          (1) As used in this section, "high performing charter school" means a charter school
3125     that:
3126          (a) satisfies all requirements of state law and state board rules;
3127          (b) meets or exceeds standards for student achievement established by the charter

3128     school's charter school authorizer; and
3129          (c) has received at least a B grade under the school accountability system in the
3130     previous two school years.
3131          [(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3132     the]
3133          (2) (a) The state board shall make rules establishing:
3134          (i) exit criteria for a low performing school;
3135          (ii) criteria for granting a school an extension as described in Subsection (3); and
3136          (iii) implications for a low performing school that does not meet exit criteria after the
3137     school's final remedial year or the last school year of the extension period described in
3138     Subsection (3).
3139          (b) In establishing exit criteria for a low performing school the state board shall:
3140          (i) determine for each low performing school the number of points awarded under the
3141     school accountability system in the final remedial year that represent a substantive and
3142     statistically significant improvement over the number of points awarded under the school
3143     accountability system in the school year immediately preceding the initial remedial year;
3144          (ii) establish a method to estimate the exit criteria after a low performing school's first
3145     remedial year to provide a target for each low performing school; and
3146          (iii) use generally accepted statistical practices.
3147          (c) The state board shall through a competitively awarded contract engage a third party
3148     with expertise in school accountability and assessments to verify the criteria adopted under this
3149     Subsection (2).
3150          (3) (a) A low performing school may petition the state board for an extension to
3151     continue school improvement efforts for up to two years if the low performing school does not
3152     meet the exit criteria established by the state board as described in Subsection (2).
3153          (b) A school that has been granted an extension under this Subsection (3) is eligible
3154     for:
3155          (i) continued funding under Section 53E-5-305; and
3156          (ii) (A) the school teacher recruitment and retention incentive under Section
3157     53E-5-308; or
3158          (B) the School Recognition and Reward Program under Section 53E-5-307.

3159          (4) If a low performing school does not meet exit criteria after the school's final
3160     remedial year or the last school year of the extension period, the state board may intervene by:
3161          (a) restructuring a district school, which may include:
3162          (i) contract management;
3163          (ii) conversion to a charter school; or
3164          (iii) state takeover;
3165          (b) restructuring a charter school by:
3166          (i) terminating a school's charter agreement;
3167          (ii) closing a charter school; or
3168          (iii) transferring operation and control of the charter school to:
3169          (A) a high performing charter school; or
3170          (B) the school district in which the charter school is located; or
3171          (c) other appropriate action as determined by the state board.
3172          Section 87. Section 53E-5-307 is amended to read:
3173          53E-5-307. School Recognition and Reward Program.
3174          (1) As used in this section, "eligible school" means a low performing school that:
3175          (a) was designated as a low performing school based on 2014-2015 school year
3176     performance; and
3177          (b) (i) improves the school's grade by at least one letter grade, as determined by
3178     comparing the school's letter grade for the school year prior to the initial remedial year to the
3179     school's letter grade for the final remedial year; or
3180          (ii) (A) has been granted an extension under Subsection 53E-5-306(3); and
3181          (B) improves the school's grade by at least one letter grade, as determined by
3182     comparing the school's letter grade for the school year prior to the initial remedial year to the
3183     school's letter grade for the last school year of the extension period.
3184          (2) The School Recognition and Reward Program is created to provide incentives to
3185     schools and educators to improve the school grade of a low performing school.
3186          (3) Subject to appropriations by the Legislature, upon the release of school grades by
3187     the state board, the state board shall distribute a reward equal to:
3188          (a) for an eligible school that improves the eligible school's grade one letter grade:
3189          (i) $100 per tested student; and

3190          (ii) $1,000 per educator;
3191          (b) for an eligible school that improves the eligible school's grade two letter grades:
3192          (i) $200 per tested student; and
3193          (ii) $2,000 per educator;
3194          (c) for an eligible school that improves the eligible school's grade three letter grades:
3195          (i) $300 per tested student; and
3196          (ii) $3,000 per educator; and
3197          (d) for an eligible school that improves the eligible school's grade four letter grades:
3198          (i) $500 per tested student; and
3199          (ii) $5,000 per educator.
3200          (4) The principal of an eligible school that receives a reward under Subsection (3), in
3201     consultation with the educators at the eligible school, may determine how to use the money in
3202     the best interest of the school, including providing bonuses to educators.
3203          (5) If the number of qualifying eligible schools exceeds available funds, the state board
3204     may reduce the amounts specified in Subsection (3).
3205          (6) A local school board of an eligible school, in coordination with the eligible school's
3206     turnaround committee, may elect to receive a reward under this section or receive funds
3207     described in Section 53E-5-308 but not both.
3208          Section 88. Section 53E-5-308 is amended to read:
3209          53E-5-308. Turnaround school teacher recruitment and retention.
3210          (1) As used in this section, "plan" means a teacher recruitment and retention plan.
3211          (2) On a date specified by the state board, [a local education] an LEA governing board
3212     of a low performing school shall submit to the state board for review and approval a plan to
3213     address teacher recruitment and retention in a low performing school.
3214          (3) The state board shall:
3215          (a) review a plan submitted under Subsection (2);
3216          (b) approve a plan if the plan meets criteria established by the state board in rules
3217     [made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act]; and
3218          (c) subject to legislative appropriations, provide funding to [a local education] an LEA
3219     governing board for teacher recruitment and retention efforts identified in an approved plan if
3220     the [local education] LEA governing board provides matching funds in an amount equal to at

3221     least the funding the low performing school would receive from the state board.
3222          (4) The money distributed under this section may only be expended to fund teacher
3223     recruitment and retention efforts identified in an approved plan.
3224          Section 89. Section 53E-5-309 is amended to read:
3225          53E-5-309. School Leadership Development Program.
3226          (1) As used in this section, "school leader" means a school principal or assistant
3227     principal.
3228          (2) There is created the School Leadership Development Program to increase the
3229     number of highly effective school leaders capable of:
3230          (a) initiating, achieving, and sustaining school improvement efforts; and
3231          (b) forming and sustaining community partnerships as described in Section 53F-5-402.
3232          (3) The state board shall identify one or more providers, through a request for
3233     proposals process, to develop or provide leadership development training for school leaders
3234     that:
3235          (a) may provide in-depth training in proven strategies to turn around low performing
3236     schools;
3237          (b) may emphasize hands-on and job-embedded learning;
3238          (c) aligns with the state's leadership standards established by state board rule;
3239          (d) reflects the needs of a school district or charter school where a school leader serves;
3240          (e) may include training on using student achievement data to drive decisions;
3241          (f) may develop skills in implementing and evaluating evidence-based instructional
3242     practices;
3243          (g) may develop skills in leading collaborative school improvement structures,
3244     including professional learning communities; and
3245          (h) includes instruction on forming and sustaining community partnerships as
3246     described in Section 53F-5-402.
3247          (4) Subject to legislative appropriations, the [State Board of Education] state board
3248     shall provide incentive pay to a school leader who:
3249          (a) completes leadership development training under this section; and
3250          (b) agrees to work, for at least five years, in a school that received an F grade or D
3251     grade under the school accountability system in the school year previous to the first year the

3252     school leader:
3253          (i) completes leadership development training; and
3254          (ii) begins to work, or continues to work, in a school described in this Subsection
3255     (4)(b).
3256          [(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3257     the]
3258          (5) The state board shall make rules specifying:
3259          (a) eligibility criteria for a school leader to participate in the School Leadership
3260     Development Program;
3261          (b) application procedures for the School Leadership Development Program;
3262          (c) criteria for selecting school leaders from the application pool; and
3263          (d) procedures for awarding incentive pay under Subsection (4).
3264          Section 90. Section 53E-5-310 is amended to read:
3265          53E-5-310. Reporting requirement.
3266          On or before November 30 of each year, the state board shall report to the Education
3267     Interim Committee on the provisions of this part.
3268          Section 91. Section 53E-6-102 is amended to read:
3269          53E-6-102. Definitions.
3270          As used in this chapter:
3271          [(1) "Board" means the State Board of Education.]
3272          [(2)] (1) "Certificate" means a license issued by a governmental jurisdiction outside the
3273     state.
3274          [(3)] (2) "Educator" means:
3275          (a) a person who holds a license;
3276          (b) a teacher, counselor, administrator, librarian, or other person required, under rules
3277     of the state board, to hold a license; or
3278          (c) a person who is the subject of an allegation which has been received by the state
3279     board or UPPAC and was, at the time noted in the allegation, a license holder or a person
3280     employed in a position requiring licensure.
3281          [(4)] (3) "License" means an authorization issued by the state board that permits the
3282     holder to serve in a professional capacity in the public schools.

3283          [(5)] (4) "National Board certification" means a current certificate issued by the
3284     National Board for Professional Teaching Standards.
3285          [(6) "Rule" means an administrative rule adopted by the board under Title 63G,
3286     Chapter 3, Utah Administrative Rulemaking Act.]
3287          [(7)] (5) "School" means a public or private entity that provides educational services to
3288     a minor child.
3289          [(8)] (6) "UPPAC" means the Utah Professional Practices Advisory Commission.
3290          Section 92. Section 53E-6-103 is amended to read:
3291          53E-6-103. Legislative findings on teacher quality -- Declaration of education as
3292     a profession.
3293          (1) (a) The Legislature acknowledges that education is perhaps the most important
3294     function of state and local governments, recognizing that the future success of our state and
3295     nation depend in large part upon the existence of a responsible and educated citizenry.
3296          (b) The Legislature further acknowledges that the primary responsibility for the
3297     education of children within the state resides with their parents [or guardians] and that the role
3298     of state and local governments is to support and assist parents in fulfilling that responsibility.
3299          (2) (a) The Legislature finds that:
3300          (i) quality teaching is the basic building block of successful schools and, outside of
3301     home and family circumstances, the essential component of student achievement;
3302          (ii) the high quality of teachers is absolutely essential to enhance student achievement
3303     and to assure educational excellence in each classroom in the state's public schools; and
3304          (iii) the implementation of a comprehensive continuum of data-driven strategies
3305     regarding recruitment, preservice, licensure, induction, professional development, and
3306     evaluation is essential if the state and its citizens expect every classroom to be staffed by a
3307     skilled, caring, and effective teacher.
3308          (b) In providing for the safe and effective performance of the function of educating
3309     Utah's children, the Legislature further finds it to be of critical importance that education,
3310     including instruction, administrative, and supervisory services, be recognized as a profession,
3311     and that those who are licensed or seek to become licensed and to serve as educators:
3312          (i) meet high standards both as to qualifications and fitness for service as educators
3313     through quality recruitment and preservice programs before assuming their responsibilities in

3314     the schools;
3315          (ii) maintain those standards in the performance of their duties while holding licenses,
3316     in large part through participating in induction and ongoing professional development
3317     programs focused on instructional improvement;
3318          (iii) receive fair, systematic evaluations of their performance at school for the purpose
3319     of enhancing the quality of public education and student achievement; and
3320          (iv) have access to a process for fair examination and review of allegations made
3321     against them and for the administration of appropriate sanctions against those found, in
3322     accordance with due process, to have failed to conduct themselves in a manner commensurate
3323     with their authority and responsibility to provide appropriate professional services to the
3324     children of the state.
3325          Section 93. Section 53E-6-201 is amended to read:
3326          53E-6-201. State board licensure.
3327          (1) To be fully implemented by July 1, 2020, and, if technology and funds are
3328     available, the state board shall establish in rule a system for educator licensing that includes:
3329          (a) an associate educator license that permits an individual to provide educational
3330     services in a public school while working to meet the requirements of a professional educator
3331     license;
3332          (b) a professional educator license that permits an individual to provide educational
3333     services in a public school after demonstrating that the individual meets licensure requirements
3334     established in state board rule; and
3335          (c) an LEA-specific educator license issued by the state board at the request of an
3336     LEA's governing body that is valid for an individual to provide educational services in the
3337     requesting LEA's schools.
3338          (2) An individual employed in a position that requires licensure by the state board shall
3339     hold the license that is appropriate to the position.
3340          (3) (a) The state board may by rule rank, endorse, or otherwise classify licenses and
3341     establish the criteria for obtaining, retaining, and reinstating licenses.
3342          (b) An educator who is enrolling in a course of study at an institution within the state
3343     system of higher education to satisfy the state board requirements for retaining a license is
3344     exempt from tuition, except for a semester registration fee established by the State Board of

3345     Regents, if:
3346          (i) the educator is enrolled on the basis of surplus space in the class after regularly
3347     enrolled students have been assigned and admitted to the class in accordance with regular
3348     procedures, normal teaching loads, and the institution's approved budget; and
3349          (ii) enrollments are determined by each institution under rules and guidelines
3350     established by the State Board of Regents in accordance with findings of fact that space is
3351     available for the educator's enrollment.
3352          Section 94. Section 53E-6-204 is amended to read:
3353          53E-6-204. Exemptions from licensure.
3354          Except as otherwise provided by statute or rule, a spouse of an individual serving in the
3355     armed forces of the United States while the individual is stationed within this state may work
3356     as an educator without being licensed under this title if:
3357          (1) the spouse holds a valid educator license issued by any other state or jurisdiction
3358     recognized by the state board; and
3359          (2) the license is current and the spouse is in good standing in the state or jurisdiction
3360     of licensure.
3361          Section 95. Section 53E-6-301 is amended to read:
3362          53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
3363          (1) The state board shall establish by rule the scholarship, training, and experience
3364     required of license applicants.
3365          (2) (a) The state board shall announce any increase in the requirements when made.
3366          (b) An increase in requirements shall become effective not less than one year from the
3367     date of the announcement.
3368          (3) The state board may determine by examination or otherwise the qualifications of
3369     license applicants.
3370          Section 96. Section 53E-6-302 is amended to read:
3371          53E-6-302. Teacher preparation programs.
3372          [(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3373     the]
3374          (1) The state board shall make rules that establish standards for approval of a
3375     preparation program.

3376          (2) The state board shall ensure that standards adopted under Subsection (1) meet or
3377     exceed generally recognized national standards for preparation of educators.
3378          (3) The state board shall designate an employee of the state board's staff to:
3379          (a) work with education deans of state institutions of higher education to coordinate
3380     on-site monitoring of teacher preparation programs that may include:
3381          (i) monitoring courses for teacher preparation programs;
3382          (ii) working with course instructors for teacher preparation programs; and
3383          (iii) interviewing students admitted to teacher preparation programs;
3384          (b) act as a liaison between:
3385          (i) the state board;
3386          (ii) local school boards or charter school governing boards; and
3387          (iii) representatives of teacher preparation programs; and
3388          (c) report the employee's findings and recommendations for the improvement of
3389     teacher preparation programs to:
3390          (i) the state board; and
3391          (ii) education deans of state institutions of higher education.
3392          (4) The state board shall:
3393          (a) in good faith, consider the findings and recommendations described in Subsection
3394     (3)(c); and
3395          (b) [in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,]
3396     make rules, as the state board determines is necessary, to implement recommendations
3397     described in Subsection (3)(c).
3398          Section 97. Section 53E-6-303 is amended to read:
3399          53E-6-303. Prohibition on use of degrees or credit from unapproved institutions.
3400          (1) An individual may not use a postsecondary degree or credit awarded by a
3401     postsecondary institution or program to gain a license, employment, or any other benefit within
3402     the public school system unless the institution or program was, at the time the degree or credit
3403     was awarded:
3404          (a) approved for the granting of the degree or credit by the state board; or
3405          (b) accredited by an accrediting organization recognized by the state board.
3406          (2) The state board may grant an exemption from Subsection (1) to an individual who

3407     shows good cause for the granting of the exemption.
3408          Section 98. Section 53E-6-307 is amended to read:
3409          53E-6-307. Certification in other jurisdictions -- Impact on licensing in Utah.
3410          (1) An applicant for a license, renewal of a license, or reinstatement of a license shall
3411     provide the administrator of teacher licensing with an affidavit, stating under oath the current
3412     status of any certificate, license, or other authorization required for a professional position in
3413     education, which the applicant holds or has held in any other jurisdiction.
3414          (2) An applicant for a license who has held a teacher's license in any other jurisdiction
3415     or who graduated from an institution of higher education in another state shall also provide the
3416     administrator of teacher licensing with:
3417          (a) a complete listing of the higher education institutions attended by the applicant,
3418     whether the applicant's enrollment or eligibility for completion of a program was terminated by
3419     the institution, and, if so, the reasons for termination;
3420          (b) a complete list of prior school employers; and
3421          (c) a release on a form provided by the administrator permitting the state board to
3422     obtain records from other jurisdictions and from institutions of higher education attended by
3423     the applicant, including expunged or otherwise protected records, relating to any offense
3424     described substantially in the same language as in Section 53G-11-405.
3425          (3) If the applicant's certificate, license, or authorization as an educator in any other
3426     jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
3427     currently not valid for any other reason, the state board may not grant the requested license,
3428     renewal, or reinstatement until it has received confirmation from the administrator of
3429     professional certification in that jurisdiction that the applicant would be eligible for
3430     certification or licensure in that jurisdiction.
3431          (4) The state board may not withhold a license for the sole reason that the applicant
3432     would be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
3433     Subsection (3) because of failure to meet current requirements in that jurisdiction relating to
3434     education, time in service, or residence.
3435          Section 99. Section 53E-6-401 is amended to read:
3436          53E-6-401. Background checks.
3437          In accordance with Section 53G-11-403, the [State Board of Education] state board

3438     shall require a license applicant to submit to a criminal background check and ongoing
3439     monitoring as a condition for licensing.
3440          Section 100. Section 53E-6-402 is amended to read:
3441          53E-6-402. State board-required licensing or employment recommendations --
3442     Local public school-required licensing recommendations -- Notice requirements for
3443     affected parties -- Exemption from liability.
3444          (1) (a) The state board shall provide the appropriate administrator of a public or private
3445     school or of an agency outside the state that is responsible for licensing or certifying
3446     educational personnel with a recommendation or other information possessed by the state
3447     board that has significance in evaluating the employment or license of:
3448          (i) a current or prospective school employee;
3449          (ii) an educator or education license holder; or
3450          (iii) a license applicant.
3451          (b) Information supplied under Subsection (1)(a) shall include:
3452          (i) the complete record of a hearing; and
3453          (ii) the investigative report for matters that:
3454          (A) the educator has had an opportunity to contest; and
3455          (B) did not proceed to a hearing.
3456          (2) At the request of the state board, an administrator of a public school or school
3457     district shall, and an administrator of a private school may, provide the state board with a
3458     recommendation or other information possessed by the school or school district that has
3459     significance in evaluating the:
3460          (a) license of an educator or education license holder; or
3461          (b) potential licensure of a license applicant.
3462          (3) If the state board decides to deny licensure or to take action against an educator's
3463     license based upon information provided under this section, the state board shall:
3464          (a) give notice of the information to the educator or license applicant; and
3465          (b) afford the educator or license applicant an opportunity to respond to the
3466     information.
3467          (4) A person who, in good faith, provides a recommendation or discloses or receives
3468     information under this section is exempt from civil and criminal liability relating to that

3469     recommendation, receipt, or disclosure.
3470          Section 101. Section 53E-6-403 is amended to read:
3471          53E-6-403. Tie-in with the Criminal Investigations and Technical Services
3472     Division.
3473          (1) The state board shall:
3474          (a) designate employees to act, with state board supervision, as an online terminal
3475     agency with the Department of Public Safety's Criminal Investigations and Technical Services
3476     Division under Section 53-10-108; and
3477          (b) provide relevant information concerning current or prospective employees or
3478     volunteers upon request to other school officials as provided in Section 53E-6-402.
3479          (2) The cost of the online service shall be borne by the entity making the inquiry.
3480          Section 102. Section 53E-6-501 is amended to read:
3481          53E-6-501. Utah Professional Practices Advisory Commission established.
3482          The Utah Professional Practices Advisory Commission, UPPAC, is established to assist
3483     and advise the state board in matters relating to the professional practices of educators.
3484          Section 103. Section 53E-6-502 is amended to read:
3485          53E-6-502. UPPAC members -- Executive secretary.
3486          (1) UPPAC shall consist of a nonvoting executive secretary and 11 voting members,
3487     nine of whom shall be licensed educators in good standing, and two of whom shall be members
3488     nominated by the education organization within the state that has the largest membership of
3489     parents of students and teachers.
3490          (2) Six of the voting members shall be persons whose primary responsibility is
3491     teaching.
3492          (3) (a) The state superintendent [of public instruction] shall appoint an employee to
3493     serve as executive secretary.
3494          (b) Voting members are appointed by the state superintendent as provided under
3495     Section 53E-6-503.
3496          (4) [Board] State board employees shall staff UPPAC activities.
3497          Section 104. Section 53E-6-503 is amended to read:
3498          53E-6-503. Nominations -- Appointment of commission members --
3499     Reappointments.

3500          (1) (a) The state board shall adopt rules establishing procedures for nominating and
3501     appointing individuals to voting membership on UPPAC.
3502          (b) Nomination petitions must be filed with the state superintendent prior to June 16 of
3503     the year of appointment.
3504          (c) A nominee for appointment as a member of UPPAC as an educator must have been
3505     employed in the representative class in the Utah public school system or a private school
3506     accredited by the state board during the three years immediately preceding the date of
3507     appointment.
3508          (2) The state superintendent [of public instruction] shall appoint the members of the
3509     commission.
3510          (3) Appointments begin July 1 and are for terms of three years and until a successor is
3511     appointed.
3512          (4) Terms of office are staggered so that approximately 1/3 of UPPAC members are
3513     appointed annually.
3514          (5) A member may not serve more than two terms.
3515          Section 105. Section 53E-6-504 is amended to read:
3516          53E-6-504. Filling of vacancies.
3517          (1) A UPPAC vacancy occurs if a member resigns, fails to attend three or more
3518     meetings during a calendar year, or no longer meets the requirements for nomination and
3519     appointment.
3520          (2) If a vacancy occurs, the state superintendent shall appoint a successor to fill the
3521     unexpired term.
3522          (3) If the state superintendent does not fill the vacancy within 60 days, the state board
3523     shall make the appointment.
3524          (4) Nominations to fill vacancies are submitted to the state superintendent in
3525     accordance with procedures established under rules of the state board.
3526          Section 106. Section 53E-6-505 is amended to read:
3527          53E-6-505. Meetings and expenses of UPPAC members.
3528          (1) UPPAC shall meet at least quarterly and at the call of the chair or of a majority of
3529     the members.
3530          (2) Members of UPPAC serve without compensation but are allowed reimbursement

3531     for actual and necessary expenses under the rules of the Division of Finance.
3532          (3) The state board shall pay reimbursement to UPPAC members out of the Education
3533     Fund.
3534          Section 107. Section 53E-6-506 is amended to read:
3535          53E-6-506. UPPAC duties and procedures.
3536          (1) The state board may direct UPPAC to review a complaint about an educator and
3537     recommend that the state board:
3538          (a) dismiss the complaint; or
3539          (b) investigate the complaint in accordance with this section.
3540          (2) (a) The state board may direct UPPAC to:
3541          (i) in accordance with this section, investigate a complaint's allegation or decision; or
3542          (ii) hold a hearing.
3543          (b) UPPAC may initiate a hearing as part of an investigation.
3544          (c) Upon completion of an investigation or hearing, UPPAC shall:
3545          (i) provide findings to the state board; and
3546          (ii) make a recommendation for state board action.
3547          (d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to
3548     adversely affect an educator's license unless UPPAC gives the educator an opportunity for a
3549     hearing.
3550          (3) (a) The state board may:
3551          (i) select an independent investigator to conduct a UPPAC investigation with UPPAC
3552     oversight; or
3553          (ii) authorize UPPAC to select and oversee an independent investigator to conduct an
3554     investigation.
3555          (b) In conducting an investigation, UPPAC or an independent investigator shall
3556     conduct the investigation independent of and separate from a related criminal investigation.
3557          (c) In conducting an investigation, UPPAC or an independent investigator may:
3558          (i) in accordance with Section 53E-6-606 administer oaths and issue subpoenas; or
3559          (ii) receive evidence related to an alleged offense, including sealed or expunged
3560     records released to the state board under Section 77-40-109.
3561          (d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may

3562     recommend that the state board initiate a background check on an educator as described in
3563     Section 53G-11-403.
3564          (e) UPPAC has a rebuttable presumption that an educator committed a sexual offense
3565     against a minor child if the educator voluntarily surrendered a license or certificate or allowed a
3566     license or certificate to lapse in the face of a charge of having committed a sexual offense
3567     against a minor child.
3568          (4) The state board may direct UPPAC to:
3569          (a) recommend to the state board procedures for:
3570          (i) receiving and processing complaints;
3571          (ii) investigating a complaint's allegation or decision;
3572          (iii) conducting hearings; or
3573          (iv) reporting findings and making recommendations to the state board for state board
3574     action;
3575          (b) recommend to the state board or a professional organization of educators:
3576          (i) standards of professional performance, competence, and ethical conduct for
3577     educators; or
3578          (ii) suggestions for improvement of the education profession; or
3579          (c) fulfill other duties the state board finds appropriate.
3580          (5) UPPAC may not participate as a party in a dispute relating to negotiations between:
3581          (a) a school district and the school district's educators; or
3582          (b) a charter school and the charter school's educators.
3583          (6) The state board shall make rules establishing UPPAC duties and procedures.
3584          Section 108. Section 53E-6-602 is amended to read:
3585          53E-6-602. Licensing power of the state board -- Licensing final action -- Appeal
3586     rights.
3587          (1) The state board holds the power to license educators.
3588          (2) (a) The state board shall take final action with regard to an educator license.
3589          (b) An entity other than the state board may not take final action with regard to an
3590     educator license.
3591          (3) (a) In accordance with Subsection (3)(b), a license applicant or an educator may
3592     seek judicial review of a final action made by the state board under this chapter.

3593          (b) A license applicant or educator may file a petition for judicial review of the state
3594     board's final action if the license applicant or educator files a petition within 30 days after the
3595     day on which the license applicant or educator received notice of the final action.
3596          Section 109. Section 53E-6-603 is amended to read:
3597          53E-6-603. Ineligibility for educator license.
3598          (1) The state board may refuse to issue a license to a license applicant if the state board
3599     finds good cause for the refusal, including behavior of the applicant:
3600          (a) found pursuant to a criminal, civil, or administrative matter after reasonable
3601     opportunity for the applicant to contest the allegation; and
3602          (b) considered, as behavior of an educator, to be:
3603          (i) immoral, unprofessional, or incompetent behavior; or
3604          (ii) a violation of standards of ethical conduct, performance, or professional
3605     competence.
3606          (2) The state board may not issue, renew, or reinstate an educator license if the license
3607     applicant or educator:
3608          (a) was convicted of a felony of a sexual nature;
3609          (b) pled guilty to a felony of a sexual nature;
3610          (c) entered a plea of no contest to a felony of a sexual nature;
3611          (d) entered a plea in abeyance to a felony of a sexual nature;
3612          (e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
3613     Offenses, against a minor child;
3614          (f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3615     student who is a minor;
3616          (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3617     student who is:
3618          (i) not a minor; and
3619          (ii) enrolled in a school where the license applicant or educator is or was employed; or
3620          (h) admits to the state board or UPPAC that the license applicant or educator
3621     committed conduct that amounts to:
3622          (i) a felony of a sexual nature; or
3623          (ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or

3624     (g).
3625          (3) If an individual is ineligible for licensure under Subsection (1) or (2), a public
3626     school may not:
3627          (a) employ the person in the public school; or
3628          (b) allow the person to volunteer in the public school.
3629          (4) (a) If the state board denies licensure under this section, the state board shall
3630     immediately notify the applicant of:
3631          (i) the denial; and
3632          (ii) the applicant's right to request a hearing before UPPAC.
3633          (b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30
3634     days after the day on which the applicant received the notice, request a hearing before UPPAC
3635     for the applicant to review and respond to all evidence upon which the state board based the
3636     denial.
3637          (c) If the state board receives a request for a hearing described in Subsection (4)(b), the
3638     state board shall direct UPPAC to hold a hearing.
3639          Section 110. Section 53E-6-604 is amended to read:
3640          53E-6-604. State board disciplinary action against an educator.
3641          (1) (a) The state board shall direct UPPAC to investigate an allegation, administrative
3642     decision, or judicial decision that evidences an educator is unfit for duty because the educator
3643     exhibited behavior that:
3644          (i) is immoral, unprofessional, or incompetent; or
3645          (ii) violates standards of ethical conduct, performance, or professional competence.
3646          (b) If the state board determines an allegation or decision described in Subsection
3647     (1)(a) does not evidence an educator's unfitness for duty, the state board may dismiss the
3648     allegation or decision without an investigation or hearing.
3649          (2) The state board shall direct UPPAC to investigate and allow an educator to respond
3650     in a UPPAC hearing if the state board receives an allegation that the educator:
3651          (a) was charged with a felony of a sexual nature;
3652          (b) was convicted of a felony of a sexual nature;
3653          (c) pled guilty to a felony of a sexual nature;
3654          (d) entered a plea of no contest to a felony of a sexual nature;

3655          (e) entered a plea in abeyance to a felony of a sexual nature;
3656          (f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
3657     Offenses, against a minor child;
3658          (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3659     student who is a minor; or
3660          (h) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3661     student who is:
3662          (i) not a minor; and
3663          (ii) enrolled in a school where the educator is or was employed.
3664          (3) Upon notice that an educator allegedly violated Section 53E-6-701, the state board
3665     shall direct UPPAC to:
3666          (a) investigate the alleged violation; and
3667          (b) hold a hearing to allow the educator to respond to the allegation.
3668          (4) Upon completion of an investigation or hearing described in this section, UPPAC
3669     shall:
3670          (a) provide findings to the state board; and
3671          (b) make a recommendation for state board action.
3672          (5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and
3673     recommendation, the state board may:
3674          (i) revoke the educator's license;
3675          (ii) suspend the educator's license;
3676          (iii) restrict or prohibit the educator from renewing the educator's license;
3677          (iv) warn or reprimand the educator;
3678          (v) enter into a written agreement with the educator that requires the educator to
3679     comply with certain conditions;
3680          (vi) direct UPPAC to further investigate or gather information; or
3681          (vii) take other action the state board finds to be appropriate for and consistent with the
3682     educator's behavior.
3683          (b) Upon review of UPPAC's findings and recommendation, the state board shall
3684     revoke the license of an educator who:
3685          (i) was convicted of a felony of a sexual nature;

3686          (ii) pled guilty to a felony of a sexual nature;
3687          (iii) entered a plea of no contest to a felony of a sexual nature;
3688          (iv) entered a plea in abeyance to a felony of a sexual nature;
3689          (v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
3690     Offenses, against a minor child;
3691          (vi) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3692     student who is a minor;
3693          (vii) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
3694     student who is:
3695          (A) not a minor; and
3696          (B) enrolled in a school where the educator is or was employed; or
3697          (viii) admits to the state board or UPPAC that the applicant committed conduct that
3698     amounts to:
3699          (A) a felony of a sexual nature; or
3700          (B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi),
3701     or (vii).
3702          (c) The state board may not reinstate a revoked license.
3703          (d) Before the state board takes adverse action against an educator under this section,
3704     the state board shall ensure that the educator had an opportunity for a UPPAC hearing.
3705          Section 111. Section 53E-6-605 is amended to read:
3706          53E-6-605. Designation of hearing officer or panel -- Review of findings.
3707          (1) UPPAC or a state or local school board charged with responsibility for conducting
3708     a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the
3709     hearing and make recommendations concerning findings.
3710          (2) UPPAC or the local school board shall review the record of the hearing and the
3711     recommendations, and may obtain and review, in the presence of the parties or their
3712     representatives, additional relevant information, prior to issuing official findings.
3713          (3) UPPAC shall provide a panel of its members to serve as fact finders in a hearing at
3714     the request of the educator who is the subject of the hearing.
3715          Section 112. Section 53E-6-607 is amended to read:
3716          53E-6-607. Policies for conducting hearings -- Standard of proof.

3717          (1) The state board and each local school board shall adopt [rules] policies for the
3718     conduct of hearings to ensure that requirements of due process are met.
3719          (2) An accused party shall be provided not less than 15 days before a hearing with:
3720          (a) notice of the hearing;
3721          (b) the law, rule, or policy alleged to have been violated;
3722          (c) sufficient information about the allegations and the evidence to be presented in
3723     support of the allegations to permit the accused party to prepare a meaningful defense; and
3724          (d) a copy of the [rules] policies under which the hearing will be conducted.
3725          (3) If an accused party fails to request a hearing within 30 days after written notice is
3726     sent to the party's address as shown on the records of the local school board, for actions taken
3727     under the auspices of a local school board, or on the records of the state board, for actions
3728     taken under the auspices of the state board, then the accused party shall be considered to have
3729     waived the right to a hearing and the action may proceed without further delay.
3730          (4) Hearing fact finders shall use the preponderance of evidence standard in deciding
3731     all questions unless a higher standard is required by law.
3732          (5) Unless otherwise provided in this public education code, the decisions of state and
3733     local school boards are final determinations under this section, appealable to the appropriate
3734     court for review.
3735          Section 113. Section 53E-6-701 is amended to read:
3736          53E-6-701. Mandatory reporting of physical or sexual abuse of students.
3737          (1) For purposes of this section, "educator" means, in addition to a person included
3738     under Section 53E-6-102, a person, including a volunteer or temporary employee, who at the
3739     time of an alleged offense was performing a function in a private school for which a license
3740     would be required in a public school.
3741          (2) In addition to any duty to report suspected cases of child abuse or neglect under
3742     Section 62A-4a-403, an educator who has reasonable cause to believe that a student may have
3743     been physically or sexually abused by a school employee shall immediately report the belief
3744     and all other relevant information to the school principal, to the superintendent, or to the state
3745     board.
3746          (3) A school administrator who has received a report under Subsection (2) or who
3747     otherwise has reasonable cause to believe that a student may have been physically or sexually

3748     abused by an educator shall immediately report that information to the state board.
3749          (4) Upon notice that an educator allegedly violated Subsection (2) or (3), the state
3750     board shall direct UPPAC to investigate the educator's alleged violation as described in Section
3751     53E-6-604.
3752          (5) A person who makes a report under this section in good faith shall be immune from
3753     civil or criminal liability that might otherwise arise by reason of that report.
3754          Section 114. Section 53E-6-702 is amended to read:
3755          53E-6-702. Reimbursement of legal fees and costs to educators.
3756          (1) As used in this section:
3757          (a) "Action" means any action, except those referred to in Section 52-6-201, brought
3758     against an educator by an individual or entity other than:
3759          (i) the entity who licenses the educator; and
3760          (ii) the LEA that employs the educator or employed the educator at the time of the
3761     alleged act or omission.
3762          (b) "Educator" means an individual who holds or is required to hold a license as
3763     defined by the state board and is employed by an LEA located within the state.
3764          [(c) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
3765     the Blind.]
3766          (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover
3767     reasonable attorneys' fees and costs incurred in the educator's defense against an individual or
3768     entity who initiates an action against the educator if:
3769          (a) the action is brought for any act or omission of the educator during the performance
3770     of the educator's duties within the scope of the educator's employment; and
3771          (b) it is dismissed or results in findings favorable to the educator.
3772          (3) An educator who recovers under this section is also entitled to recover reasonable
3773     attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees
3774     and costs allowed under Subsection (2).
3775          Section 115. Section 53E-6-703 is amended to read:
3776          53E-6-703. Professional competence or performance -- Administrative hearing
3777     by local school board -- Action on complaint.
3778          (1) (a) No civil action by or on behalf of a student relating to the professional

3779     competence or performance of a licensed employee of a school district, or to the discipline of
3780     students by a licensed employee, application of in loco parentis, or a violation of ethical
3781     conduct by an employee of a school district, may be brought in a court until at least 60 days
3782     after the filing of a written complaint with the local school board [of education] of the district,
3783     or until findings have been issued by the local school board after a hearing on the complaint,
3784     whichever is sooner.
3785          (b) As used in Subsection (1)(a), "in loco parentis" means the power of professional
3786     school personnel to exercise the rights, duties, and responsibilities of a reasonable, responsible
3787     parent in dealing with students in school-related matters.
3788          (c) A parent of a student has standing to file a civil action against an employee who
3789     provides services to a school attended by the student.
3790          (2) Within 15 days of receiving a complaint under Subsection (1), a local school board
3791     may elect to refer the complaint to the [State Board of Education] state board.
3792          (3) If a complaint is referred to the state board, no civil action may be brought in a
3793     court on matters relating to the complaint until the state board has provided a hearing and
3794     issued its findings or until 90 days after the filing of the complaint with the local school board,
3795     whichever is sooner.
3796          Section 116. Section 53E-6-801 is amended to read:
3797          53E-6-801. Mediation of contract negotiations.
3798          (1) The president of a professional local organization which represents a majority of
3799     the licensed employees of a school district or the chairman or president of a local school board
3800     may, after negotiating for 90 days, declare an impasse by written notification to the other party
3801     and to the [State Board of Education] state board.
3802          (2) The party declaring the impasse may request the state superintendent [of public
3803     instruction] to appoint a mediator for the purpose of helping to resolve the impasse if the
3804     parties to the dispute have not been able to agree on a third party mediator.
3805          (3) Within five working days after receipt of the written request, the state
3806     superintendent shall appoint a mediator who is mutually acceptable to the local school board
3807     and the professional organization representing a majority of the licensed employees.
3808          (4) The mediator shall meet with the parties, either jointly or separately, and attempt to
3809     settle the impasse.

3810          (5) The mediator may not, without the consent of both parties, make findings of fact or
3811     recommend terms for settlement.
3812          (6) Both parties shall equally share the costs of mediation.
3813          (7) Nothing in this section prevents the parties from adopting a written mediation
3814     procedure other than that provided in this section.
3815          (8) If the parties have a mediation procedure, they shall follow that procedure.
3816          Section 117. Section 53E-6-802 is amended to read:
3817          53E-6-802. Appointment of hearing officer -- Hearing process.
3818          (1) If a mediator appointed under Section 53E-6-801 is unable to effect settlement of
3819     the controversy within 15 working days after his appointment, either party to the mediation
3820     may by written notification to the other party and to the state superintendent [of public
3821     instruction] request that their dispute be submitted to a hearing officer who shall make findings
3822     of fact and recommend terms of settlement.
3823          (2) Within five working days after receipt of the request, the state superintendent [of
3824     public instruction] shall appoint a hearing officer who is mutually acceptable to the local
3825     school board and the professional organization representing a majority of the certificated
3826     employees.
3827          (3) The hearing officer may not, without consent of both parties, be the same person
3828     who served as mediator.
3829          (4) The hearing officer shall meet with the parties, either jointly or separately, may
3830     make inquiries and investigations, and may issue subpoenas for the production of persons or
3831     documents relevant to all issues in dispute.
3832          (5) The [State Board of Education] state board and departments, divisions, authorities,
3833     bureaus, agencies, and officers of the state, local school boards, and the professional
3834     organization shall furnish the hearing officer, on request, all relevant records, documents, and
3835     information in their possession.
3836          (6) If the final positions of the parties are not resolved before the hearing ends, the
3837     hearing officer shall prepare a written report containing the agreements of the parties with
3838     respect to all resolved negotiated contract issues and the positions that the hearing officer
3839     considers appropriate on all unresolved final positions of the parties.
3840          (7) The hearing officer shall submit the report to the parties privately within 10

3841     working days after the conclusion of the hearing or within the date established for the
3842     submission of posthearing briefs, but not later than 20 working days after the hearing officer's
3843     appointment.
3844          (8) Either the hearing officer, the professional organization, or the local school board
3845     may make the report public if the dispute is not settled within 10 working days after its receipt
3846     from the hearing officer.
3847          (9) (a) The state superintendent [of public instruction] may determine the majority
3848     status of any professional organization which requests assistance under this section.
3849          (b) The decision of the state superintendent is final unless it is clearly inconsistent with
3850     the evidence.
3851          Section 118. Section 53E-6-902 is amended to read:
3852          53E-6-902. Teacher leaders.
3853          (1) As used in this section, "teacher" means an educator who has an assignment to
3854     teach in a classroom.
3855          (2) There is created the role of a teacher leader to:
3856          (a) work with a student teacher and a teacher who supervises a student teacher;
3857          (b) assist with the training of a recently hired teacher; and
3858          (c) support school-based professional learning.
3859          [(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3860     the]
3861          (3) The state board shall make rules that:
3862          (a) define the role of a teacher leader, including the functions described in Subsection
3863     (2); and
3864          (b) establish the minimum criteria for a teacher to qualify as a teacher leader.
3865          (4) The state board shall solicit recommendations from school districts and educators
3866     regarding:
3867          (a) appropriate resources to provide a teacher leader; and
3868          (b) appropriate ways to compensate a teacher leader.
3869          Section 119. Section 53E-7-202 is amended to read:
3870          53E-7-202. Education programs for students with disabilities -- Supervision by
3871     the state board -- Enforcement.

3872          (1) (a) All students with disabilities, who are 3 years old or older but younger than 22
3873     years old and have not graduated from high school with a regular diploma, are entitled to a free,
3874     appropriate public education.
3875          (b) For purposes of Subsection (1)(a), if a student with a disability turns 22 during the
3876     school year, the entitlement extends to the end of the school year.
3877          [(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3878     State Board of Education]
3879          (c) The state board shall adopt rules consistent with applicable state and federal law to
3880     implement this part.
3881          (2) The rules adopted by the [State Board of Education] state board shall include the
3882     following:
3883          (a) appropriate and timely identification of students with disabilities;
3884          (b) diagnosis, evaluation, and classification by qualified personnel;
3885          (c) standards for classes and services;
3886          (d) provision for multidistrict programs;
3887          (e) provision for delivery of service responsibilities;
3888          (f) certification and qualifications for instructional staff; and
3889          (g) services for dual enrollment students attending public school on a part-time basis
3890     under Section 53G-6-702.
3891          (3) (a) The [State Board of Education] state board shall have general control and
3892     supervision over all educational programs for students within the state who have disabilities.
3893          (b) Those programs must comply with rules adopted by the [State Board of Education]
3894     state board under this section.
3895          (4) The state superintendent [of public instruction] shall enforce this part.
3896          Section 120. Section 53E-7-204 is amended to read:
3897          53E-7-204. School district responsibility -- Reimbursement of costs -- Other
3898     programs.
3899          (1) (a) Each school district shall provide, either singly or in cooperation with other
3900     school districts or public institutions, a free, appropriate education program for all students
3901     with disabilities who are residents of the district.
3902          (b) The program shall include necessary special facilities, instruction, and

3903     education-related services.
3904          (c) The costs of a district's program, or a district's share of a joint program, shall be
3905     paid from district funds.
3906          (2) School districts that provide special education services under this part in
3907     accordance with applicable rules of the [State Board of Education] state board shall receive
3908     reimbursement from the state board under Title 53F, Chapter 2, State Funding -- Minimum
3909     School Program, and other applicable laws.
3910          (3) (a) A school district may, singly or in cooperation with other public entities,
3911     provide education and training for persons with disabilities who are:
3912          (i) younger than 3 years old; or
3913          (ii) older than 22 years old as described in Subsection 53E-7-202(1).
3914          (b) The cost of such a program may be paid from fees, contributions, and other funds
3915     received by the district for support of the program, but may not be paid from public education
3916     funds.
3917          Section 121. Section 53E-7-208 is amended to read:
3918          53E-7-208. Resolution of disputes in special education -- Hearing request --
3919     Timelines -- Levels -- Appeal process -- Recovery of costs.
3920          (1) The Legislature finds that it is in the best interest of students with disabilities to
3921     provide for a prompt and fair final resolution of disputes which may arise over educational
3922     programs and rights and responsibilities of students with disabilities, their parents, and the
3923     public schools.
3924          (2) Therefore, the [State Board of Education] state board shall adopt rules meeting the
3925     requirements of 20 U.S.C. Section 1415 governing the establishment and maintenance of
3926     procedural safeguards for students with disabilities and their parents [or guardians] as to the
3927     provision of free, appropriate public education to those students.
3928          (3) The timelines established by the state board shall provide adequate time to address
3929     and resolve disputes without unnecessarily disrupting or delaying the provision of free,
3930     appropriate public education for students with disabilities.
3931          (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute
3932     under this section shall make a good faith effort to resolve the dispute informally at the school
3933     building level.

3934          (5) (a) If the dispute is not resolved under Subsection (4), a party may request a due
3935     process hearing.
3936          (b) The hearing shall be conducted under rules adopted by the state board in
3937     accordance with 20 U.S.C. Section 1415.
3938          (6) (a) A party to the hearing may appeal the decision issued under Subsection (5) to a
3939     court of competent jurisdiction under 20 U.S.C. Section 1415(i).
3940          (b) The party must file the judicial appeal within 30 days after issuance of the due
3941     process hearing decision.
3942          (7) If the parties fail to reach agreement on payment of attorney fees, then a party
3943     seeking recovery of attorney fees under 20 U.S.C. Section 1415(i) for a special education
3944     administrative action shall file a court action within 30 days after issuance of a decision under
3945     Subsection (5).
3946          Section 122. Section 53E-7-301 is amended to read:
3947          53E-7-301. Definitions.
3948          As used in this part:
3949          (1) "Blind student" means an individual, who is 3 years old or older but younger than
3950     22 years old and eligible for special education services, who:
3951          (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a
3952     limited field of vision such that the widest diameter subtends an angular distance no greater
3953     than 20 degrees;
3954          (b) has a medically indicated expectation of visual deterioration; or
3955          (c) has functional blindness.
3956          (2) "Braille" means the system of reading and writing through touch, commonly known
3957     as English Braille.
3958          (3) "Functional blindness" means a visual impairment that renders a student unable to
3959     read or write print at a level commensurate with the student's cognitive abilities.
3960          [(4) "Individualized education program" or "IEP" means a written statement developed
3961     for a student eligible for special education services pursuant to the Individuals with Disabilities
3962     Education Act, 20 U.S.C. Section 1414(d).]
3963          Section 123. Section 53E-7-304 is amended to read:
3964          53E-7-304. Braille versions of textbooks.

3965          (1) As a condition of the annual contract for instructional materials process and as a
3966     condition of textbook acceptance, the [State Board of Education] state board shall require
3967     publishers of textbooks recommended by the state board to furnish, on request, their textbooks
3968     and related instructional materials in an electronic file set, in conformance with the National
3969     Instructional Materials Accessibility Standard, from which Braille versions of all or part of the
3970     textbook and related instructional materials can be produced.
3971          (2) When Braille translation software for specialty code translation becomes available,
3972     publishers shall furnish, on request, electronic file sets, in conformance with the National
3973     Instructional Materials Accessibility Standard, for nonliterary subjects such as mathematics and
3974     science.
3975          Section 124. Section 53E-8-102 is amended to read:
3976          53E-8-102. Definitions.
3977          As used in this chapter:
3978          (1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf
3979     and the Blind.
3980          (2) "Alternate format" includes braille, audio, or digital text, or large print.
3981          (3) "Associate superintendent" means:
3982          (a) the associate superintendent of the Utah School for the Deaf; or
3983          (b) the associate superintendent of the Utah School for the Blind.
3984          (4) "Blind" means:
3985          (a) if the person is three years of age or older but younger than 22 years of age, having
3986     a visual impairment that, even with correction, adversely affects educational performance or
3987     substantially limits one or more major life activities; and
3988          (b) if the person is younger than three years of age, having a visual impairment.
3989          (5) "Blindness" means an impairment in vision in which central visual acuity:
3990          (a) does not exceed 20/200 in the better eye with correcting lenses; or
3991          (b) is accompanied by a limit to the field of vision in the better eye to such a degree
3992     that its widest diameter subtends an angle of no greater than 20 degrees.
3993          [(6) "Board" means the State Board of Education.]
3994          [(7)] (6) "Cortical visual impairment" means a neurological visual disorder:
3995          (a) that:

3996          (i) affects the visual cortex or visual tracts of the brain;
3997          (ii) is caused by damage to the visual pathways to the brain;
3998          (iii) affects a person's visual discrimination, acuity, processing, and interpretation; and
3999          (iv) is often present in conjunction with other disabilities or eye conditions that cause
4000     visual impairment; and
4001          (b) in which the eyes and optic nerves of the affected person appear normal and the
4002     person's pupil responses are normal.
4003          [(8)] (7) "Deaf" means:
4004          (a) if the person is three years of age or older but younger than 22 years of age, having
4005     hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects
4006     educational performance or substantially limits one or more major life activities; and
4007          (b) if the person is younger than three years of age, having hearing loss.
4008          [(9)] (8) "Deafblind" means:
4009          (a) if the person is three years of age or older but younger than 22 years of age:
4010          (i) deaf;
4011          (ii) blind; and
4012          (iii) having hearing loss and visual impairments that cause such severe communication
4013     and other developmental and educational needs that the person cannot be accommodated in
4014     special education programs solely for students who are deaf or blind; or
4015          (b) if the person is younger than three years of age, having both hearing loss and vision
4016     impairments that are diagnosed as provided in Section 53E-8-401.
4017          [(10)] (9) "Deafness" means a hearing loss so severe that the person is impaired in
4018     processing linguistic information through hearing, with or without amplification.
4019          [(11)] (10) "Educator" means a person who holds:
4020          (a) (i) a license issued under Chapter 6, Education Professional Licensure; and
4021          (ii) a position as:
4022          (A) a teacher;
4023          (B) a speech pathologist;
4024          (C) a librarian or media specialist;
4025          (D) a preschool teacher;
4026          (E) a guidance counselor;

4027          (F) a school psychologist;
4028          (G) an audiologist; or
4029          (H) an orientation and mobility specialist; or
4030          (b) (i) a bachelor's degree or higher;
4031          (ii) credentials from the governing body of the professional's area of practice; and
4032          (iii) a position as:
4033          (A) a Parent Infant Program consultant;
4034          (B) a deafblind consultant;
4035          (C) a school nurse;
4036          (D) a physical therapist;
4037          (E) an occupational therapist;
4038          (F) a social worker; or
4039          (G) a low vision specialist.
4040          [(12)] (11) "Functional blindness" means a disorder in which the physical structures of
4041     the eye may be functioning, but the person does not attend to, examine, utilize, or accurately
4042     process visual information.
4043          [(13)] (12) "Functional hearing loss" means a central nervous system impairment that
4044     results in abnormal auditory perception, including an auditory processing disorder or auditory
4045     neuropathy/dys-synchrony, in which parts of the auditory system may be functioning, but the
4046     person does not attend to, respond to, localize, utilize, or accurately process auditory
4047     information.
4048          [(14)] (13) "Hard of hearing" means having a hearing loss, excluding deafness.
4049          [(15)] (14) "Individualized education program" or "IEP" means:
4050          (a) a written statement for a student with a disability that is developed, reviewed, and
4051     revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
4052     1400 et seq.; or
4053          (b) an individualized family service plan developed:
4054          (i) for a child with a disability who is younger than three years of age; and
4055          (ii) in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
4056     1400 et seq.
4057          [(16)] (15) "LEA" means a local education agency that has administrative control and

4058     direction for public education.
4059          [(17)] (16) "LEA of record" means the school district of residence of a student as
4060     determined under Section 53G-6-302.
4061          [(18)] (17) "Low vision" means an impairment in vision in which:
4062          (a) visual acuity is at 20/70 or worse; or
4063          (b) the visual field is reduced to less than 20 degrees.
4064          [(19)] (18) "Parent Infant Program" means a program at the Utah Schools for the Deaf
4065     and the Blind that provides services:
4066          (a) through an interagency agreement with the Department of Health to children
4067     younger than three years of age who are deaf, blind, or deafblind; and
4068          (b) to children younger than three years of age who are deafblind through Deafblind
4069     Services of the Utah Schools for the Deaf and the Blind.
4070          [(20)] (19) "Section 504" means Section 504 of the Rehabilitation Act of 1973.
4071          [(21) "Section 504 accommodation plan" means a plan developed pursuant to Section
4072     504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
4073     an individual with a disability to ensure access to major life activities.]
4074          [(22)] (20) "Superintendent" means the superintendent of the Utah Schools for the Deaf
4075     and the Blind.
4076          [(23)] (21) "Visual impairment" includes partial sightedness, low vision, blindness,
4077     cortical visual impairment, functional blindness, and degenerative conditions that lead to
4078     blindness or severe loss of vision.
4079          Section 125. Section 53E-8-201 is amended to read:
4080          53E-8-201. Utah Schools for the Deaf and the Blind created -- Designated LEA --
4081     Services statewide.
4082          (1) The Utah Schools for the Deaf and the Blind is created as a single public school
4083     agency that includes:
4084          (a) the Utah School for the Deaf;
4085          (b) the Utah School for the Blind;
4086          (c) programs for students who are deafblind; and
4087          (d) the Parent Infant Program.
4088          (2) Under the general control and supervision of the state board, consistent with the

4089     state board's constitutional authority, the Utah Schools for the Deaf and the Blind:
4090          (a) may provide services to students statewide:
4091          (i) who are deaf, blind, or deafblind; or
4092          (ii) who are neither deaf, blind, nor deafblind, if allowed under rules of the state board
4093     established pursuant to Section 53E-8-401; and
4094          (b) shall serve as the designated LEA for a student and assume the responsibilities of
4095     providing services as prescribed through the student's IEP or Section 504 accommodation plan
4096     when the student's LEA of record, parent [or legal guardian], and the Utah Schools for the Deaf
4097     and the Blind determine that the student be placed at the Utah Schools for the Deaf and the
4098     Blind.
4099          (3) When the Utah Schools for the Deaf and the Blind becomes a student's designated
4100     LEA, the LEA of record and the Utah Schools for the Deaf and the Blind shall ensure that all
4101     rights and requirements regarding individual student assessment, eligibility, services,
4102     placement, and procedural safeguards provided through the Individuals with Disabilities
4103     Education Act, 20 U.S.C. Sec. 1400 et seq. and Section 504 of the Rehabilitation Act of 1973,
4104     as amended, remain in force.
4105          (4) Nothing in this section diminishes the responsibility of a student's LEA of record
4106     for the education of the student as provided in Chapter 7, Part 2, Special Education Program.
4107          Section 126. Section 53E-8-204 is amended to read:
4108          53E-8-204. Authority of the state board -- Rulemaking -- Superintendent --
4109     Advisory council.
4110          (1) The [State Board of Education] state board is the governing board of the Utah
4111     Schools for the Deaf and the Blind.
4112          (2) (a) The state board shall appoint a superintendent for the Utah Schools for the Deaf
4113     and the Blind.
4114          (b) The state board shall make rules [in accordance with Title 63G, Chapter 3, Utah
4115     Administrative Rulemaking Act,] regarding the qualifications, terms of employment, and duties
4116     of the superintendent for the Utah Schools for the Deaf and the Blind.
4117          (3) The superintendent shall:
4118          (a) subject to the approval of the state board, appoint an associate superintendent to
4119     administer the Utah School for the Deaf based on:

4120          (i) demonstrated competency as an expert educator of deaf persons; and
4121          (ii) knowledge of school management and the instruction of deaf persons;
4122          (b) subject to the approval of the state board, appoint an associate superintendent to
4123     administer the Utah School for the Blind based on:
4124          (i) demonstrated competency as an expert educator of blind persons; and
4125          (ii) knowledge of school management and the instruction of blind persons, including an
4126     understanding of the unique needs and education of deafblind persons.
4127          (4) (a) The state board shall:
4128          (i) establish an [Advisory Council] advisory council for the Utah Schools for the Deaf
4129     and the Blind and appoint no more than 11 members to the advisory council;
4130          (ii) make rules [in accordance with Title 63G, Chapter 3, Utah Administrative
4131     Rulemaking Act,] regarding the operation of the advisory council; and
4132          (iii) receive and consider the advice and recommendations of the advisory council but
4133     is not obligated to follow the recommendations of the advisory council.
4134          (b) The advisory council described in Subsection (4)(a) shall include at least:
4135          (i) two members who are blind;
4136          (ii) two members who are deaf; and
4137          (iii) two members who are deafblind or parents of a deafblind child.
4138          (5) The state board shall approve the annual budget and expenditures of the Utah
4139     Schools for the Deaf and the Blind.
4140          (6) (a) On or before the November interim meeting each year, the state board shall
4141     report to the Education Interim Committee on the Utah Schools for the Deaf and the Blind.
4142          (b) The state board shall ensure that the report described in Subsection (6)(a) includes:
4143          (i) a financial report;
4144          (ii) a report on the activities of the superintendent and associate superintendents;
4145          (iii) a report on activities to involve parents and constituency and advocacy groups in
4146     the governance of the school; and
4147          (iv) a report on student achievement, including:
4148          (A) longitudinal student achievement data for both current and previous students served
4149     by the Utah Schools for the Deaf and the Blind;
4150          (B) graduation rates; and

4151          (C) a description of the educational placement of students exiting the Utah Schools for
4152     the Deaf and the Blind.
4153          Section 127. Section 53E-8-301 is amended to read:
4154          53E-8-301. Educators exempt from Department of Human Resource
4155     Management rules -- Collective bargaining agreement.
4156          (1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt
4157     from mandatory compliance with rules of the Department of Human Resource Management.
4158          (2) The state board may enter into a collective bargaining agreement to establish
4159     compensation and other personnel policies with educators employed by the Utah Schools for
4160     the Deaf and the Blind to replace rules of the Department of Human Resource Management.
4161          (3) A collective bargaining agreement made under Subsection (2) is subject to the same
4162     requirements that are imposed on local school boards by Section 53G-11-202.
4163          Section 128. Section 53E-8-302 is amended to read:
4164          53E-8-302. Annual salary adjustments for educators.
4165          (1) In accordance with Section 53F-7-301, the Legislature shall appropriate money to
4166     the state board for the salary adjustments described in this section.
4167          (2) The state board shall include in its annual budget request for the Utah Schools for
4168     the Deaf and the Blind an amount of money sufficient to adjust educators' salaries as described
4169     in Subsection (3) and fund step and lane changes.
4170          (3) (a) The state board shall determine the salary adjustment specified in Subsection (2)
4171     by:
4172          (i) calculating a weighted average salary adjustment for nonadministrative licensed
4173     staff adopted by the school districts of the state, with the average weighted by the number of
4174     teachers in each school district; and
4175          (ii) increasing the weighted average salary adjustment by 10% in any year in which
4176     teachers of the Utah Schools for the Deaf and the Blind are not ranked in the top 10 in 20-year
4177     earnings when compared to earnings of teachers in the school districts of the state.
4178          (b) In calculating a weighted average salary adjustment for nonadministrative licensed
4179     staff adopted by the school districts of the state under Subsection (3)(a), the state board shall
4180     exclude educator salary adjustments provided pursuant to Section 53F-2-405.
4181          (4) From money appropriated to the state board for salary adjustments, the state board

4182     shall adjust the salary schedule applicable to educators at the school each year.
4183          Section 129. Section 53E-8-401 is amended to read:
4184          53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind.
4185          (1) Except as provided in Subsections (3), (4), and (5), a person is eligible to receive
4186     services of the Utah Schools for the Deaf and the Blind if the person is:
4187          (a) a resident of Utah;
4188          (b) younger than 22 years of age;
4189          (c) referred to the Utah Schools for the Deaf and the Blind by the person's school
4190     district of residence or a local early intervention program; and
4191          (d) identified as deaf, blind, or deafblind through:
4192          (i) the special education eligibility determination process; or
4193          (ii) the Section 504 eligibility determination process.
4194          (2) (a) In diagnosing a person younger than age three who is deafblind, the following
4195     information may be used:
4196          (i) opthalmological and audiological documentation;
4197          (ii) functional vision or hearing assessments and evaluations; or
4198          (iii) informed clinical opinion conducted by a person with expertise in deafness,
4199     blindness, or deafblindness.
4200          (b) Informed clinical opinion shall be:
4201          (i) included in the determination of eligibility when documentation is incomplete or not
4202     conclusive; and
4203          (ii) based on pertinent records related to the individual's current health status and
4204     medical history, an evaluation and observations of the individual's level of sensory functioning,
4205     and the needs of the family.
4206          (3) (a) A student who qualifies for special education shall have services and placement
4207     determinations made through the IEP process.
4208          (b) A student who qualifies for accommodations under Section 504 shall have services
4209     and placement determinations made through the Section 504 team process.
4210          (c) A parent [or legal guardian] of a child who is deaf, blind, or deafblind shall make
4211     the final decision regarding placement of the child in a Utah Schools for the Deaf and the Blind
4212     program or in a school district or charter school program subject to special education federal

4213     regulations regarding due process.
4214          (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
4215     Blind in accordance with rules of the state board.
4216          (b) The rules shall require the payment of tuition for services provided to a
4217     nonresident.
4218          (5) An individual is eligible to receive services from the Utah Schools for the Deaf and
4219     the Blind under circumstances described in Section 53E-8-408.
4220          [(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4221     and this chapter, the]
4222          (6) The state board:
4223          (a) shall make rules that determine the eligibility of students to be served by the Utah
4224     Schools for the Deaf and the Blind; and
4225          (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
4226     to receive services of the Utah Schools for the Deaf and the Blind if the student is younger than
4227     22 years of age.
4228          Section 130. Section 53E-8-402 is amended to read:
4229          53E-8-402. Entrance policies and procedures.
4230          With input from the Utah Schools for the Deaf and the Blind, school districts, parents,
4231     and the advisory council, the state board shall establish entrance policies and procedures that
4232     IEP teams and Section 504 teams are to consider in making placement recommendations at the
4233     Utah Schools for the Deaf and the Blind.
4234          Section 131. Section 53E-8-406 is amended to read:
4235          53E-8-406. Programs for deafblind individuals -- State deafblind education
4236     specialist.
4237          (1) The state board shall adopt policies and programs for providing appropriate
4238     educational services to individuals who are deafblind.
4239          (2) Except as provided in Subsection (4), the state board shall designate an employee
4240     who holds a deafblind certification or equivalent training and expertise to:
4241          (a) act as a resource coordinator for the state board on public education programs
4242     designed for individuals who are deafblind;
4243          (b) facilitate the design and implementation of professional development programs to

4244     assist school districts, charter schools, and the Utah Schools for the Deaf and the Blind in
4245     meeting the educational needs of those who are deafblind; and
4246          (c) facilitate the design of and assist with the implementation of one-on-one
4247     intervention programs in school districts, charter schools, and at the Utah Schools for the Deaf
4248     and the Blind for those who are deafblind, serving as a resource for, or team member of,
4249     individual IEP teams.
4250          (3) The state board may authorize and approve the costs of an employee to obtain a
4251     deafblind certification or equivalent training and expertise to qualify for the position described
4252     in Subsection (2).
4253          (4) The state board may contract with a third party for the services required under
4254     Subsection (2).
4255          Section 132. Section 53E-8-407 is amended to read:
4256          53E-8-407. Educational Enrichment Program for Deaf, Hard of Hearing, and
4257     Visually Impaired Students -- Funding for the program.
4258          (1) There is established the Educational Enrichment Program for Deaf, Hard of
4259     Hearing, and Visually Impaired Students.
4260          (2) The purpose of the program is to provide opportunities that will, in a family
4261     friendly environment, enhance the educational services required for deaf, hard of hearing,
4262     blind, or deafblind students.
4263          (3) The advisory council shall design and implement the program, subject to the
4264     approval by the state board.
4265          (4) The program shall be funded from the interest and dividends derived from the
4266     permanent funds created for the Utah Schools for the Deaf and the Blind pursuant to Section 12
4267     of the Utah Enabling Act and distributed by the director of the School and Institutional Trust
4268     Lands Administration under Section 53C-3-103.
4269          Section 133. Section 53E-8-408 is amended to read:
4270          53E-8-408. Educational services for an individual with a hearing loss.
4271          (1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
4272     educational services to an individual:
4273          (a) who seeks to receive the educational services; and
4274          (b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the

4275     Deaf and the Blind in accordance with Section 26-10-6 or 26-10-13; or
4276          (ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
4277          (2) If the individual who will receive the services described in Subsection (1) is a
4278     minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
4279     individual until after receiving permission from the individual's parent [or guardian].
4280          Section 134. Section 53E-8-409 is amended to read:
4281          53E-8-409. Instructional Materials Access Center -- State board to make rules.
4282          (1) The state board shall collaborate with the Utah Schools for the Deaf and the Blind,
4283     school districts, and charter schools in establishing the Utah State Instructional Materials
4284     Access Center to provide students with print disabilities access to instructional materials in
4285     alternate formats in a timely manner.
4286          (2) The state board shall make rules[, in accordance with Title 63G, Chapter 3, Utah
4287     Administrative Rulemaking Act,] to:
4288          (a) establish the Utah State Instructional Materials Access Center;
4289          (b) define how the Educational Resource Center at the Utah Schools for the Deaf and
4290     the Blind shall collaborate in the operation of the Utah State Instructional Materials Access
4291     Center;
4292          (c) specify procedures for the operation of the Utah State Instructional Materials
4293     Access Center, including procedures to:
4294          (i) identify students who qualify for instructional materials in alternate formats; and
4295          (ii) distribute and store instructional materials in alternate formats;
4296          (d) establish the contribution of school districts and charter schools towards the cost of
4297     instructional materials in alternate formats; and
4298          (e) require textbook publishers, as a condition of contract, to provide electronic file sets
4299     in conformance with the National Instructional Materials Accessibility Standard.
4300          Section 135. Section 53E-9-202 is amended to read:
4301          53E-9-202. Application of state and federal law to the administration and
4302     operation of public schools -- Local school board and charter school governing board
4303     policies.
4304          (1) As used in this section "education entity" means:
4305          (a) the [State Board of Education] state board;

4306          (b) a local school board or charter school governing board;
4307          (c) a school district;
4308          (d) a public school; or
4309          (e) the Utah Schools for the Deaf and the Blind.
4310          (2) An education entity and an employee, student aide, volunteer, third party
4311     contractor, or other agent of an education entity shall protect the privacy of a student, the
4312     student's parents, and the student's family and support parental involvement in the education of
4313     their children through compliance with the protections provided for family and student privacy
4314     under this part and the Family Educational Rights and Privacy Act and related provisions under
4315     20 U.S.C. Secs. 1232g and 1232h, in the administration and operation of all public school
4316     programs, regardless of the source of funding.
4317          (3) A local school board or charter school governing board shall enact policies
4318     governing the protection of family and student privacy as required by this part.
4319          Section 136. Section 53E-9-203 is amended to read:
4320          53E-9-203. Activities prohibited without prior written consent -- Validity of
4321     consent -- Qualifications -- Training on implementation.
4322          (1) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
4323     policies adopted by a school district or charter school under Section 53E-9-202 shall include
4324     prohibitions on the administration to a student of any psychological or psychiatric examination,
4325     test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the
4326     student's parent [or legal guardian], in which the purpose or evident intended effect is to cause
4327     the student to reveal information, whether the information is personally identifiable or not,
4328     concerning the student's or any family member's:
4329          (a) political affiliations or, except as provided under Section 53G-10-202 or rules of
4330     the [State Board of Education] state board, political philosophies;
4331          (b) mental or psychological problems;
4332          (c) sexual behavior, orientation, or attitudes;
4333          (d) illegal, anti-social, self-incriminating, or demeaning behavior;
4334          (e) critical appraisals of individuals with whom the student or family member has close
4335     family relationships;
4336          (f) religious affiliations or beliefs;

4337          (g) legally recognized privileged and analogous relationships, such as those with
4338     lawyers, medical personnel, or ministers; and
4339          (h) income, except as required by law.
4340          (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
4341     through grade 12.
4342          (3) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702,
4343     the prohibitions under Subsection (1) shall also apply within the curriculum and other school
4344     activities unless prior written consent of the student's parent [or legal guardian] has been
4345     obtained.
4346          (4) (a) Written parental consent is valid only if a parent [or legal guardian] has been
4347     first given written notice, including notice that a copy of the educational or student survey
4348     questions to be asked of the student in obtaining the desired information is made available at
4349     the school, and a reasonable opportunity to obtain written information concerning:
4350          (i) records or information, including information about relationships, that may be
4351     examined or requested;
4352          (ii) the means by which the records or information shall be examined or reviewed;
4353          (iii) the means by which the information is to be obtained;
4354          (iv) the purposes for which the records or information are needed;
4355          (v) the entities or persons, regardless of affiliation, who will have access to the
4356     personally identifiable information; and
4357          (vi) a method by which a parent of a student can grant permission to access or examine
4358     the personally identifiable information.
4359          (b) For a survey described in Subsection (1), written notice described in Subsection
4360     (4)(a) shall include an Internet address where a parent [or legal guardian] can view the exact
4361     survey to be administered to the [parent or legal guardian's] parent's student.
4362          (5) (a) Except in response to a situation which a school employee reasonably believes
4363     to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or
4364     Neglect Reporting Requirements, or by order of a court, disclosure to a parent [or legal
4365     guardian] must be given at least two weeks before information protected under this section is
4366     sought.
4367          (b) Following disclosure, a parent [or guardian] may waive the two week minimum

4368     notification period.
4369          (c) Unless otherwise agreed to by a student's parent [or legal guardian] and the person
4370     requesting written consent, the authorization is valid only for the activity for which it was
4371     granted.
4372          (d) A written withdrawal of authorization submitted to the school principal by the
4373     authorizing parent [or guardian] terminates the authorization.
4374          (e) A general consent used to approve admission to school or involvement in special
4375     education, remedial education, or a school activity does not constitute written consent under
4376     this section.
4377          (6) (a) This section does not limit the ability of a student under Section 53G-10-203 to
4378     spontaneously express sentiments or opinions otherwise protected against disclosure under this
4379     section.
4380          (b) (i) If a school employee or agent believes that a situation exists which presents a
4381     serious threat to the well-being of a student, that employee or agent shall notify the student's
4382     parent [or guardian] without delay.
4383          (ii) If, however, the matter has been reported to the Division of Child and Family
4384     Services within the Department of Human Services, it is the responsibility of the division to
4385     notify the student's parent [or guardian] of any possible investigation, prior to the student's
4386     return home from school.
4387          (iii) The division may be exempted from the notification requirements described in this
4388     Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
4389     of [his] the student's parent [or guardian], or if that notification is otherwise prohibited by state
4390     or federal law.
4391          (7) (a) If a school employee, agent, or school resource officer believes a student is
4392     at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
4393     agent, or school resource officer may intervene and ask a student questions regarding the
4394     student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
4395     the purposes of:
4396          (i) referring the student to appropriate prevention services; and
4397          (ii) informing the student's parent [or legal guardian].
4398          (b) On or before September 1, 2014, a school district or charter school shall develop

4399     and adopt a policy regarding intervention measures consistent with Subsection (7)(a) while
4400     requiring the minimum degree of intervention to accomplish the goals of this section.
4401          (8) Local school boards and charter school governing boards shall provide inservice for
4402     teachers and administrators on the implementation of this section.
4403          (9) The state board shall provide procedures for disciplinary action for violations of
4404     this section.
4405          Section 137. Section 53E-9-204 is amended to read:
4406          53E-9-204. Access to education records -- Training requirement -- Certification.
4407          (1) As used in this section, "education record" means the same as that term is defined
4408     in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
4409          (2) A local school board or charter school governing board shall require each public
4410     school to:
4411          (a) create and maintain a list that includes the name and position of each school
4412     employee who the public school authorizes, in accordance with Subsection (4), to have access
4413     to an education record; and
4414          (b) provide the list described in Subsection (2)(a) to the school's local school board or
4415     charter school governing board.
4416          (3) A local school board or charter school governing board shall:
4417          (a) provide training on student privacy laws; and
4418          (b) require a school employee on the list described in Subsection (2) to:
4419          (i) complete the training described in Subsection (3)(a); and
4420          (ii) provide to the local school board or charter school governing board a certified
4421     statement, signed by the school employee, that certifies that the school employee completed the
4422     training described in Subsection (3)(a) and that the school employee understands student
4423     privacy requirements.
4424          (4) (a) Except as provided in Subsection (4)(b), a local school board, charter school
4425     governing board, public school, or school employee may only share an education record with a
4426     school employee if:
4427          (i) that school employee's name is on the list described in Subsection (2); and
4428          (ii) federal and state privacy laws authorize the education record to be shared with that
4429     school employee.

4430          (b) A local school board, charter school governing board, public school, or school
4431     employee may share an education record with a school employee if the board, school, or
4432     employee obtains written consent from:
4433          (i) the parent [or legal guardian] of the student to whom the education record relates, if
4434     the student is younger than 18 years old; or
4435          (ii) the student to whom the education record relates, if the student is 18 years old or
4436     older.
4437          Section 138. Section 53E-9-301 is amended to read:
4438          53E-9-301. Definitions.
4439          As used in this part:
4440          (1) "Adult student" means a student who:
4441          (a) is at least 18 years old;
4442          (b) is an emancipated student; or
4443          (c) qualifies under the McKinney-Vento Homeless Education Assistance
4444     Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
4445          (2) "Aggregate data" means data that:
4446          (a) are totaled and reported at the group, cohort, school, school district, region, or state
4447     level with at least 10 individuals in the level;
4448          (b) do not reveal personally identifiable student data; and
4449          (c) are collected in accordance with state board rule.
4450          (3) (a) "Biometric identifier" means a:
4451          (i) retina or iris scan;
4452          (ii) fingerprint;
4453          (iii) human biological sample used for valid scientific testing or screening; or
4454          (iv) scan of hand or face geometry.
4455          (b) "Biometric identifier" does not include:
4456          (i) a writing sample;
4457          (ii) a written signature;
4458          (iii) a voiceprint;
4459          (iv) a photograph;
4460          (v) demographic data; or

4461          (vi) a physical description, such as height, weight, hair color, or eye color.
4462          (4) "Biometric information" means information, regardless of how the information is
4463     collected, converted, stored, or shared:
4464          (a) based on an individual's biometric identifier; and
4465          (b) used to identify the individual.
4466          [(5) "Board" means the State Board of Education.]
4467          [(6)] (5) "Data breach" means an unauthorized release of or unauthorized access to
4468     personally identifiable student data that is maintained by an education entity.
4469          [(7)] (6) "Data governance plan" means an education entity's comprehensive plan for
4470     managing education data that:
4471          (a) incorporates reasonable data industry best practices to maintain and protect student
4472     data and other education-related data;
4473          (b) describes the role, responsibility, and authority of an education entity data
4474     governance staff member;
4475          (c) provides for necessary technical assistance, training, support, and auditing;
4476          (d) describes the process for sharing student data between an education entity and
4477     another person;
4478          (e) describes the education entity's data expungement process, including how to
4479     respond to requests for expungement;
4480          (f) describes the data breach response process; and
4481          (g) is published annually and available on the education entity's website.
4482          [(8)] (7) "Education entity" means:
4483          (a) the state board;
4484          (b) a local school board;
4485          (c) a charter school governing board;
4486          (d) a school district;
4487          (e) a charter school;
4488          (f) the Utah Schools for the Deaf and the Blind; or
4489          (g) for purposes of implementing the School Readiness Initiative described in Title
4490     53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
4491     Section 35A-3-209.

4492          [(9)] (8) "Expunge" means to seal or permanently delete data, as described in state
4493     board rule made under Section 53E-9-306.
4494          [(10)] (9) "General audience application" means an Internet website, online service,
4495     online application, mobile application, or software program that:
4496          (a) is not specifically intended for use by an audience member that attends kindergarten
4497     or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from
4498     1 to 12; and
4499          (b) is not subject to a contract between an education entity and a third-party contractor.
4500          [(11)] (10) "Higher education outreach student data" means the following student data
4501     for a student:
4502          (a) name;
4503          (b) parent name;
4504          (c) grade;
4505          (d) school and school district; and
4506          (e) contact information, including:
4507          (i) primary phone number;
4508          (ii) email address; and
4509          (iii) physical address.
4510          [(12) "Individualized education program" or "IEP" means a written statement:]
4511          [(a) for a student with a disability; and]
4512          [(b) that is developed, reviewed, and revised in accordance with the Individuals with
4513     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.]
4514          [(13)] (11) "Local education agency" or "LEA" means:
4515          (a) a school district;
4516          (b) a charter school;
4517          (c) the Utah Schools for the Deaf and the Blind; or
4518          (d) for purposes of implementing the School Readiness Initiative described in Title
4519     53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
4520     Section 35A-3-209.
4521          [(14)] (12) "Metadata dictionary" means a record that:
4522          (a) defines and discloses all personally identifiable student data collected and shared by

4523     the education entity;
4524          (b) comprehensively lists all recipients with whom the education entity has shared
4525     personally identifiable student data, including:
4526          (i) the purpose for sharing the data with the recipient;
4527          (ii) the justification for sharing the data, including whether sharing the data was
4528     required by federal law, state law, or a local directive; and
4529          (iii) how sharing the data is permitted under federal or state law; and
4530          (c) without disclosing personally identifiable student data, is displayed on the
4531     education entity's website.
4532          [(15)] (13) "Necessary student data" means data required by state statute or federal law
4533     to conduct the regular activities of an education entity, including:
4534          (a) name;
4535          (b) date of birth;
4536          (c) sex;
4537          (d) parent contact information;
4538          (e) custodial parent information;
4539          (f) contact information;
4540          (g) a student identification number;
4541          (h) local, state, and national assessment results or an exception from taking a local,
4542     state, or national assessment;
4543          (i) courses taken and completed, credits earned, and other transcript information;
4544          (j) course grades and grade point average;
4545          (k) grade level and expected graduation date or graduation cohort;
4546          (l) degree, diploma, credential attainment, and other school exit information;
4547          (m) attendance and mobility;
4548          (n) drop-out data;
4549          (o) immunization record or an exception from an immunization record;
4550          (p) race;
4551          (q) ethnicity;
4552          (r) tribal affiliation;
4553          (s) remediation efforts;

4554          (t) an exception from a vision screening required under Section 53G-9-404 or
4555     information collected from a vision screening required under Section 53G-9-404;
4556          (u) information related to the Utah Registry of Autism and Developmental Disabilities,
4557     described in Section 26-7-4;
4558          (v) student injury information;
4559          (w) a disciplinary record created and maintained as described in Section 53E-9-306;
4560          (x) juvenile delinquency records;
4561          (y) English language learner status; and
4562          (z) child find and special education evaluation data related to initiation of an IEP.
4563          [(16)] (14) (a) "Optional student data" means student data that is not:
4564          (i) necessary student data; or
4565          (ii) student data that an education entity may not collect under Section 53E-9-305.
4566          (b) "Optional student data" includes:
4567          (i) information that is:
4568          (A) related to an IEP or needed to provide special needs services; and
4569          (B) not necessary student data;
4570          (ii) biometric information; and
4571          (iii) information that is not necessary student data and that is required for a student to
4572     participate in a federal or other program.
4573          [(17)] (15) "Parent" means:
4574          (a) a student's parent;
4575          (b) a student's legal guardian; or
4576          (c) an individual who has written authorization from a student's parent or legal
4577     guardian to act as a parent or legal guardian on behalf of the student.
4578          [(18)] (16) (a) "Personally identifiable student data" means student data that identifies
4579     or is used by the holder to identify a student.
4580          (b) "Personally identifiable student data" includes:
4581          (i) a student's first and last name;
4582          (ii) the first and last name of a student's family member;
4583          (iii) a student's or a student's family's home or physical address;
4584          (iv) a student's email address or other online contact information;

4585          (v) a student's telephone number;
4586          (vi) a student's social security number;
4587          (vii) a student's biometric identifier;
4588          (viii) a student's health or disability data;
4589          (ix) a student's education entity student identification number;
4590          (x) a student's social media user name and password or alias;
4591          (xi) if associated with personally identifiable student data, the student's persistent
4592     identifier, including:
4593          (A) a customer number held in a cookie; or
4594          (B) a processor serial number;
4595          (xii) a combination of a student's last name or photograph with other information that
4596     together permits a person to contact the student online;
4597          (xiii) information about a student or a student's family that a person collects online and
4598     combines with other personally identifiable student data to identify the student; and
4599          (xiv) information that, alone or in combination, is linked or linkable to a specific
4600     student that would allow a reasonable person in the school community, who does not have
4601     personal knowledge of the relevant circumstances, to identify the student with reasonable
4602     certainty.
4603          [(19)] (17) "School official" means an employee or agent of an education entity, if the
4604     education entity has authorized the employee or agent to request or receive student data on
4605     behalf of the education entity.
4606          [(20)] (18) (a) "Student data" means information about a student at the individual
4607     student level.
4608          (b) "Student data" does not include aggregate or de-identified data.
4609          [(21)] (19) "Student data manager" means:
4610          (a) the state student data officer; or
4611          (b) an individual designated as a student data manager by an education entity under
4612     Section 53E-9-303, who fulfills the duties described in Section 53E-9-308.
4613          [(22)] (20) (a) "Targeted advertising" means presenting advertisements to a student
4614     where the advertisement is selected based on information obtained or inferred over time from
4615     that student's online behavior, usage of applications, or student data.

4616          (b) "Targeted advertising" does not include advertising to a student:
4617          (i) at an online location based upon that student's current visit to that location; or
4618          (ii) in response to that student's request for information or feedback, without retention
4619     of that student's online activities or requests over time for the purpose of targeting subsequent
4620     ads.
4621          [(23)] (21) "Third-party contractor" means a person who:
4622          (a) is not an education entity; and
4623          (b) pursuant to a contract with an education entity, collects or receives student data in
4624     order to provide a product or service, as described in the contract, if the product or service is
4625     not related to school photography, yearbooks, graduation announcements, or a similar product
4626     or service.
4627          [(24)] (22) "Written consent" means written authorization to collect or share a student's
4628     student data, from:
4629          (a) the student's parent, if the student is not an adult student; or
4630          (b) the student, if the student is an adult student.
4631          Section 139. Section 53E-9-302 is amended to read:
4632          53E-9-302. State student data protection governance.
4633          (1) (a) An education entity or a third-party contractor who collects, uses, stores, shares,
4634     or deletes student data shall protect student data as described in this part.
4635          [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4636     the]
4637          (b) The state board shall make rules to administer this part, including student data
4638     protection standards for public education employees, student aides, and volunteers.
4639          (2) The state board shall oversee the preparation and maintenance of:
4640          (a) a statewide data governance plan; and
4641          (b) a state-level metadata dictionary.
4642          (3) As described in this Subsection (3), the state board shall establish advisory groups
4643     to oversee student data protection in the state and make recommendations to the state board
4644     regarding student data protection.
4645          (a) The state board shall establish a student data policy advisory group:
4646          (i) composed of members from:

4647          (A) the Legislature;
4648          (B) the state board and state board employees; and
4649          (C) one or more LEAs;
4650          (ii) to discuss and make recommendations to the state board regarding:
4651          (A) enacted or proposed legislation; and
4652          (B) state and local student data protection policies across the state;
4653          (iii) that reviews and monitors the state student data governance plan; and
4654          (iv) that performs other tasks related to student data protection as designated by the
4655     state board.
4656          (b) The state board shall establish a student data governance advisory group:
4657          (i) composed of the state student data officer and other state board employees; and
4658          (ii) that performs duties related to state and local student data protection, including:
4659          (A) overseeing data collection and usage by state board program offices; and
4660          (B) preparing and maintaining the state board's student data governance plan under the
4661     direction of the student data policy advisory group.
4662          (c) The state board shall establish a student data users advisory group:
4663          (i) composed of members who use student data at the local level; and
4664          (ii) that provides feedback and suggestions on the practicality of actions proposed by
4665     the student data policy advisory group and the student data governance advisory group.
4666          (4) (a) The state board shall designate a state student data officer.
4667          (b) The state student data officer shall:
4668          (i) act as the primary point of contact for state student data protection administration in
4669     assisting the state board to administer this part;
4670          (ii) ensure compliance with student privacy laws throughout the public education
4671     system, including:
4672          (A) providing training and support to applicable state board and LEA employees; and
4673          (B) producing resource materials, model plans, and model forms for local student data
4674     protection governance, including a model student data collection notice;
4675          (iii) investigate complaints of alleged violations of this part;
4676          (iv) report violations of this part to:
4677          (A) the state board;

4678          (B) an applicable education entity; and
4679          (C) the student data policy advisory group; and
4680          (v) act as a state level student data manager.
4681          (5) The state board shall designate:
4682          (a) at least one support manager to assist the state student data officer; and
4683          (b) a student data protection auditor to assist the state student data officer.
4684          (6) The state board shall establish a research review process for a request for data for
4685     the purpose of research or evaluation.
4686          Section 140. Section 53E-9-303 is amended to read:
4687          53E-9-303. Local student data protection governance.
4688          (1) An LEA shall adopt policies to protect student data in accordance with this part and
4689     state board rule, taking into account the specific needs and priorities of the LEA.
4690          (2) (a) An LEA shall designate an individual to act as a student data manager to fulfill
4691     the responsibilities of a student data manager described in Section 53E-9-308.
4692          (b) If possible, an LEA shall designate the LEA's records officer as defined in Section
4693     63G-2-103, as the student data manager.
4694          (3) An LEA shall create and maintain an LEA:
4695          (a) data governance plan; and
4696          (b) metadata dictionary.
4697          (4) An LEA shall establish an external research review process for a request for data
4698     for the purpose of external research or evaluation.
4699          Section 141. Section 53E-9-304 is amended to read:
4700          53E-9-304. Student data ownership and access -- Notification in case of
4701     significant data breach.
4702          (1) (a) A student owns the student's personally identifiable student data.
4703          (b) An education entity shall allow the following individuals to access a student's
4704     student data that is maintained by the education entity:
4705          (i) the student's parent;
4706          (ii) the student; and
4707          (iii) in accordance with the education entity's internal policy described in Section
4708     53E-9-303 and in the absence of a parent, an individual acting as a parent to the student.

4709          (2) (a) If a significant data breach occurs at an education entity, the education entity
4710     shall notify:
4711          (i) the student, if the student is an adult student; or
4712          (ii) the student's parent [or legal guardian], if the student is not an adult student.
4713          [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4714     the]
4715          (b) The state board shall make rules to define a significant data breach described in
4716     Subsection (2)(a).
4717          Section 142. Section 53E-9-305 is amended to read:
4718          53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
4719     -- Written consent.
4720          (1) An education entity may not collect a student's:
4721          (a) social security number; or
4722          (b) except as required in Section 78A-6-112, criminal record.
4723          (2) An education entity that collects student data shall, in accordance with this section,
4724     prepare and distribute, except as provided in Subsection (3), to parents and students a student
4725     data collection notice statement that:
4726          (a) is a prominent, stand-alone document;
4727          (b) is annually updated and published on the education entity's website;
4728          (c) states the student data that the education entity collects;
4729          (d) states that the education entity will not collect the student data described in
4730     Subsection (1);
4731          (e) states the student data described in Section 53E-9-308 that the education entity may
4732     not share without written consent;
4733          (f) includes the following statement:
4734          "The collection, use, and sharing of student data has both benefits and risks. Parents
4735     and students should learn about these benefits and risks and make choices regarding student
4736     data accordingly.";
4737          (g) describes in general terms how the education entity stores and protects student data;
4738          (h) states a student's rights under this part; and
4739          (i) for an education entity that teaches students in grade 9, 10, 11, or 12, requests

4740     written consent to share student data with the State Board of Regents as described in Section
4741     53E-9-308.
4742          (3) The state board may publicly post the state board's collection notice described in
4743     Subsection (2).
4744          (4) An education entity may collect the necessary student data of a student if the
4745     education entity provides a student data collection notice to:
4746          (a) the student, if the student is an adult student; or
4747          (b) the student's parent, if the student is not an adult student.
4748          (5) An education entity may collect optional student data if the education entity:
4749          (a) provides, to an individual described in Subsection (4), a student data collection
4750     notice that includes a description of:
4751          (i) the optional student data to be collected; and
4752          (ii) how the education entity will use the optional student data; and
4753          (b) obtains written consent to collect the optional student data from an individual
4754     described in Subsection (4).
4755          (6) An education entity may collect a student's biometric identifier or biometric
4756     information if the education entity:
4757          (a) provides, to an individual described in Subsection (4), a biometric information
4758     collection notice that is separate from a student data collection notice, which states:
4759          (i) the biometric identifier or biometric information to be collected;
4760          (ii) the purpose of collecting the biometric identifier or biometric information; and
4761          (iii) how the education entity will use and store the biometric identifier or biometric
4762     information; and
4763          (b) obtains written consent to collect the biometric identifier or biometric information
4764     from an individual described in Subsection (4).
4765          (7) Except under the circumstances described in Subsection 53G-8-211(2), an
4766     education entity may not refer a student to an alternative evidence-based intervention described
4767     in Subsection 53G-8-211(3) without written consent.
4768          Section 143. Section 53E-9-306 is amended to read:
4769          53E-9-306. Using and expunging student data -- Rulemaking -- Disciplinary
4770     records.

4771          (1) In accordance with Title 63G, Chapter 2, Government Records Access and
4772     Management Act, [and Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] the state
4773     board shall make rules regarding using and expunging student data, including:
4774          (a) a categorization of disciplinary records that includes the following levels of
4775     maintenance:
4776          (i) one year;
4777          (ii) three years; and
4778          (iii) in accordance with Subsection (3), as determined by the education entity;
4779          (b) the types of student data that may be expunged, including:
4780          (i) medical records; and
4781          (ii) behavioral test assessments;
4782          (c) the types of student data that may not be expunged, including:
4783          (i) grades;
4784          (ii) transcripts;
4785          (iii) a record of the student's enrollment; and
4786          (iv) assessment information; and
4787          (d) the timeline and process for a prior student or parent of a prior student to request
4788     that an education entity expunge all of the prior student's student data.
4789          (2) In accordance with state board rule, an education entity may create and maintain a
4790     disciplinary record for a student.
4791          (3) (a) As recognized in Section 53E-9-304, and to ensure maximum student data
4792     privacy, an education entity shall, in accordance with state board rule, expunge a student's
4793     student data that is stored by the education entity.
4794          (b) An education entity shall retain and dispose of records in accordance with Section
4795     63G-2-604 and state board rule.
4796          Section 144. Section 53E-9-307 is amended to read:
4797          53E-9-307. Securing and cataloguing student data.
4798          [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the]
4799          The state board shall make rules that:
4800          (1) using reasonable data industry best practices, prescribe the maintenance and
4801     protection of stored student data by:

4802          (a) an education entity;
4803          (b) the Utah Registry of Autism and Developmental Disabilities, described in Section
4804     26-7-4, for student data obtained under Section 53E-9-308; and
4805          (c) a third-party contractor; and
4806          (2) state requirements for an education entity's metadata dictionary.
4807          Section 145. Section 53E-9-308 is amended to read:
4808          53E-9-308. Sharing student data -- Prohibition -- Requirements for student data
4809     manager -- Authorized student data sharing.
4810          (1) (a) Except as provided in Subsection (1)(b), an education entity, including a student
4811     data manager, may not share personally identifiable student data without written consent.
4812          (b) An education entity, including a student data manager, may share personally
4813     identifiable student data:
4814          (i) in accordance with the Family Education Rights and Privacy Act and related
4815     provisions under 20 U.S.C. Secs. 1232g and 1232h;
4816          (ii) as required by federal law; and
4817          (iii) as described in Subsections (3), (5), and (6).
4818          (2) A student data manager shall:
4819          (a) authorize and manage the sharing, outside of the student data manager's education
4820     entity, of personally identifiable student data for the education entity as described in this
4821     section;
4822          (b) act as the primary local point of contact for the state student data officer described
4823     in Section 53E-9-302; and
4824          (c) fulfill other responsibilities described in the data governance plan of the student
4825     data manager's education entity.
4826          (3) A student data manager may share a student's personally identifiable student data
4827     with a caseworker or representative of the Department of Human Services if:
4828          (a) the Department of Human Services is:
4829          (i) legally responsible for the care and protection of the student, including the
4830     responsibility to investigate a report of educational neglect, as provided in Subsection
4831     62A-4a-409(5); or
4832          (ii) providing services to the student;

4833          (b) the student's personally identifiable student data is not shared with a person who is
4834     not authorized:
4835          (i) to address the student's education needs; or
4836          (ii) by the Department of Human Services to receive the student's personally
4837     identifiable student data; and
4838          (c) the Department of Human Services maintains and protects the student's personally
4839     identifiable student data.
4840          (4) The Department of Human Services, a school official, or the Utah Juvenile Court
4841     may share personally identifiable student data to improve education outcomes for youth:
4842          (a) in the custody of, or under the guardianship of, the Department of Human Services;
4843          (b) receiving services from the Division of Juvenile Justice Services;
4844          (c) in the custody of the Division of Child and Family Services;
4845          (d) receiving services from the Division of Services for People with Disabilities; or
4846          (e) under the jurisdiction of the Utah Juvenile Court.
4847          (5) (a) A student data manager may share personally identifiable student data in
4848     response to a subpoena issued by a court.
4849          (b) A person who receives personally identifiable student data under Subsection (5)(a)
4850     may not use the personally identifiable student data outside of the use described in the
4851     subpoena.
4852          (6) (a) A student data manager may share student data, including personally
4853     identifiable student data, in response to a request to share student data for the purpose of
4854     research or evaluation, if the student data manager:
4855          (i) verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
4856          (ii) submits the request to the education entity's research review process; and
4857          (iii) fulfills the instructions that result from the review process.
4858          (b) (i) In accordance with state and federal law, the state board shall share student data,
4859     including personally identifiable student data, as requested by the Utah Registry of Autism and
4860     Developmental Disabilities described in Section 26-7-4.
4861          (ii) A person who receives student data under Subsection (6)(b)(i):
4862          (A) shall maintain and protect the student data in accordance with state board rule
4863     described in Section 53E-9-307;

4864          (B) may not use the student data for a purpose not described in Section 26-7-4; and
4865          (C) is subject to audit by the state student data officer described in Section 53E-9-302.
4866          (c) The state board shall enter into an agreement with the State Board of Regents,
4867     established in Section 53B-1-103, to share higher education outreach student data, for students
4868     in grades 9 through 12 who have obtained written consent under Subsection 53E-9-305(2)(i), to
4869     be used strictly for the purpose of:
4870          (i) providing information and resources to students in grades 9 through 12 about higher
4871     education; and
4872          (ii) helping students in grades 9 through 12 enter the higher education system and
4873     remain until graduation.
4874          Section 146. Section 53E-9-309 is amended to read:
4875          53E-9-309. Third-party contractors.
4876          (1) A third-party contractor shall use personally identifiable student data received
4877     under a contract with an education entity strictly for the purpose of providing the contracted
4878     product or service within the negotiated contract terms.
4879          (2) When contracting with a third-party contractor, an education entity shall require the
4880     following provisions in the contract:
4881          (a) requirements and restrictions related to the collection, use, storage, or sharing of
4882     student data by the third-party contractor that are necessary for the education entity to ensure
4883     compliance with the provisions of this part and state board rule;
4884          (b) a description of a person, or type of person, including an affiliate of the third-party
4885     contractor, with whom the third-party contractor may share student data;
4886          (c) provisions that, at the request of the education entity, govern the deletion of the
4887     student data received by the third-party contractor;
4888          (d) except as provided in Subsection (4) and if required by the education entity,
4889     provisions that prohibit the secondary use of personally identifiable student data by the
4890     third-party contractor; and
4891          (e) an agreement by the third-party contractor that, at the request of the education entity
4892     that is a party to the contract, the education entity or the education entity's designee may audit
4893     the third-party contractor to verify compliance with the contract.
4894          (3) As authorized by law or court order, a third-party contractor shall share student data

4895     as requested by law enforcement.
4896          (4) A third-party contractor may:
4897          (a) use student data for adaptive learning or customized student learning purposes;
4898          (b) market an educational application or product to a parent of a student if the
4899     third-party contractor did not use student data, shared by or collected on behalf of an education
4900     entity, to market the educational application or product;
4901          (c) use a recommendation engine to recommend to a student:
4902          (i) content that relates to learning or employment, within the third-party contractor's
4903     application, if the recommendation is not motivated by payment or other consideration from
4904     another party; or
4905          (ii) services that relate to learning or employment, within the third-party contractor's
4906     application, if the recommendation is not motivated by payment or other consideration from
4907     another party;
4908          (d) respond to a student request for information or feedback, if the content of the
4909     response is not motivated by payment or other consideration from another party;
4910          (e) use student data to allow or improve operability and functionality of the third-party
4911     contractor's application; or
4912          (f) identify for a student nonprofit institutions of higher education or scholarship
4913     providers that are seeking students who meet specific criteria:
4914          (i) regardless of whether the identified nonprofit institutions of higher education or
4915     scholarship providers provide payment or other consideration to the third-party contractor; and
4916          (ii) only if the third-party contractor obtains authorization in writing from:
4917          (A) a student's parent through the student's school or LEA; or
4918          (B) for an adult student, the student.
4919          (5) At the completion of a contract with an education entity, if the contract has not
4920     been renewed, a third-party contractor shall return or delete upon the education entity's request
4921     all personally identifiable student data under the control of the education entity unless a student
4922     or the student's parent consents to the maintenance of the personally identifiable student data.
4923          (6) (a) A third-party contractor may not:
4924          (i) except as provided in Subsection (6)(b), sell student data;
4925          (ii) collect, use, or share student data, if the collection, use, or sharing of the student

4926     data is inconsistent with the third-party contractor's contract with the education entity; or
4927          (iii) use student data for targeted advertising.
4928          (b) A person may obtain student data through the purchase of, merger with, or
4929     otherwise acquiring a third-party contractor if the third-party contractor remains in compliance
4930     with this section.
4931          (7) The provisions of this section do not:
4932          (a) apply to the use of a general audience application, including the access of a general
4933     audience application with login credentials created by a third-party contractor's application;
4934          (b) apply to the providing of Internet service; or
4935          (c) impose a duty on a provider of an interactive computer service, as defined in 47
4936     U.S.C. Sec. 230, to review or enforce compliance with this section.
4937          (8) A provision of this section that relates to a student's student data does not apply to a
4938     third-party contractor if the third-party contractor obtains authorization from the following
4939     individual, in writing, to waive that provision:
4940          (a) the student's parent, if the student is not an adult student; or
4941          (b) the student, if the student is an adult student.
4942          Section 147. Section 53E-9-310 is amended to read:
4943          53E-9-310. Penalties.
4944          (1) (a) A third-party contractor that knowingly or recklessly permits unauthorized
4945     collecting, sharing, or use of student data under this part:
4946          (i) except as provided in Subsection (1)(b), may not enter into a future contract with an
4947     education entity;
4948          (ii) may be required by the state board to pay a civil penalty of up to $25,000; and
4949          (iii) may be required to pay:
4950          (A) the education entity's cost of notifying parents and students of the unauthorized
4951     sharing or use of student data; and
4952          (B) expenses incurred by the education entity as a result of the unauthorized sharing or
4953     use of student data.
4954          (b) An education entity may enter into a contract with a third-party contractor that
4955     knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:
4956          (i) the state board or education entity determines that the third-party contractor has

4957     corrected the errors that caused the unauthorized collecting, sharing, or use of student data; and
4958          (ii) the third-party contractor demonstrates:
4959          (A) if the third-party contractor is under contract with an education entity, current
4960     compliance with this part; or
4961          (B) an ability to comply with the requirements of this part.
4962          (c) The state board may assess the civil penalty described in Subsection (1)(a)(ii) in
4963     accordance with Title 63G, Chapter 4, Administrative Procedures Act.
4964          (d) The state board may bring an action in the district court of the county in which the
4965     office of the state board is located, if necessary, to enforce payment of the civil penalty
4966     described in Subsection (1)(a)(ii).
4967          (e) An individual who knowingly or intentionally permits unauthorized collecting,
4968     sharing, or use of student data may be found guilty of a class A misdemeanor.
4969          (2) (a) A parent or adult student may bring an action in a court of competent
4970     jurisdiction for damages caused by a knowing or reckless violation of Section 53E-9-309 by a
4971     third-party contractor.
4972          (b) If the court finds that a third-party contractor has violated Section 53E-9-309, the
4973     court may award to the parent or student:
4974          (i) damages; and
4975          (ii) costs.
4976          Section 148. Section 53E-10-202 is amended to read:
4977          53E-10-202. State board to supervise.
4978          (1) The general control and supervision, but not the direct management, of adult
4979     education is vested in the [State Board of Education] state board.
4980          (2) The state board has the following powers:
4981          (a) makes and enforces rules to organize, conduct, and supervise adult education;
4982          (b) appoints state staff for the adult education program, establishes their duties, and
4983     fixes their compensation;
4984          (c) determines the qualifications of, and issues teaching certificates to, persons
4985     employed to give adult education instruction; and
4986          (d) determines the basis of apportionment and distributes funds made available for
4987     adult education.

4988          (3) (a) The [State Board of Education] state board shall make rules providing for the
4989     establishment of fees which shall be imposed by local school boards for participation in adult
4990     education programs.
4991          (b) A fee structure for adult education shall take into account the ability of a Utah
4992     resident who participates in adult education to pay the fees.
4993          (c) Sections 53G-7-504 and 53G-7-505 pertaining to fees and fee waivers in secondary
4994     schools do not apply to adult education.
4995          Section 149. Section 53E-10-203 is amended to read:
4996          53E-10-203. Director of adult education.
4997          (1) Upon recommendation of the state superintendent, the [State Board of Education]
4998     state board may appoint a full-time director for adult education to work under the supervision
4999     of the state board.
5000          (2) The director may coordinate the adult education program authorized under Sections
5001     53E-10-202 through 53E-10-206 with other adult education programs.
5002          Section 150. Section 53E-10-206 is amended to read:
5003          53E-10-206. Salaries -- Costs.
5004          (1) Salaries and other necessary expenses of the state adult education staff shall be paid
5005     from funds appropriated for adult education.
5006          (2) The [State Board of Education] state board shall determine the terms and
5007     conditions of payment.
5008          (3) A local school board shall pay all costs incident to the local administration and
5009     operation of its adult education program.
5010          (4) The local school board shall submit reports required by the [State Board of
5011     Education] state board for the administration of adult education.
5012          Section 151. Section 53E-10-302 is amended to read:
5013          53E-10-302. Concurrent enrollment program.
5014          (1) The [State Board of Education] state board and the State Board of Regents shall
5015     establish and maintain a concurrent enrollment program that:
5016          (a) provides an eligible student the opportunity to enroll in a course that allows the
5017     eligible student to earn credit concurrently:
5018          (i) toward high school graduation; and

5019          (ii) at an institution of higher education;
5020          (b) includes only a course that:
5021          (i) leads to a degree or certificate offered by an institution of higher education; and
5022          (ii) is one of the following:
5023          (A) a general education course;
5024          (B) a career and technical education course;
5025          (C) a pre-major college level course; or
5026          (D) a foreign language concurrent enrollment course described in Section 53E-10-307;
5027          (c) requires that the instructor of a concurrent enrollment course is an eligible
5028     instructor; and
5029          (d) is designed and implemented to take full advantage of the most current available
5030     education technology.
5031          (2) The [State Board of Education] state board and the State Board of Regents shall
5032     coordinate to:
5033          (a) establish a concurrent enrollment course approval process that ensures:
5034          (i) credit awarded for concurrent enrollment is consistent and transferable to all
5035     institutions of higher education; and
5036          (ii) learning outcomes for a concurrent enrollment course align with:
5037          (A) core standards for Utah public schools adopted by the [State Board of Education]
5038     state board; and
5039          (B) except for a foreign language concurrent enrollment course described in Section
5040     53E-10-307, an institution of higher education lower division course numbered at or above the
5041     1000 level; and
5042          (b) provide advising to an eligible student, including information on:
5043          (i) general education requirements at institutions of higher education; and
5044          (ii) how to choose concurrent enrollment courses to avoid duplication or excess credit
5045     hours.
5046          (3) After consultation with institution of higher education concurrent enrollment
5047     directors, the State Board of Regents shall:
5048          (a) provide guidelines to an institution of higher education for establishing qualifying
5049     academic criteria for an eligible student to enroll in a concurrent enrollment course; and

5050          (b) on or before January 1, 2019, establish a policy that:
5051          (i) describes the qualifications for an LEA employee to be an eligible instructor; and
5052          (ii) ensures that the qualifications described in Subsection (3)(b)(i):
5053          (A) maximize concurrent enrollment opportunities for eligible students while
5054     maintaining quality; and
5055          (B) allow for an individual who teaches a concurrent enrollment course in the 2017-18
5056     or 2018-19 school year to continue to teach the concurrent enrollment course in subsequent
5057     years.
5058          (4) To qualify for funds under Section 53F-2-409, an LEA and an institution of higher
5059     education shall:
5060          (a) enter into a contract, in accordance with Section 53E-10-303, to provide one or
5061     more concurrent enrollment courses that are approved under the course approval process
5062     described in Subsection (2);
5063          (b) ensure that an instructor who teaches a concurrent enrollment course is an eligible
5064     instructor;
5065          (c) establish qualifying academic criteria for an eligible student to enroll in a
5066     concurrent enrollment course, in accordance with the guidelines described in Subsection (3)(a);
5067          (d) ensure that a student who enrolls in a concurrent enrollment course is an eligible
5068     student; and
5069          (e) coordinate advising to eligible students.
5070          (5) (a) An institution of higher education faculty member is an eligible instructor.
5071          (b) An LEA employee is an eligible instructor if the LEA employee:
5072          (i) is licensed under Chapter 6, Education Professional Licensure;
5073          (ii) is supervised by an institution of higher education; and
5074          (iii) (A) meets the qualifications described in the policy established under Subsection
5075     (3)(b); or
5076          (B) has an upper level mathematics credential issued by the [State Board of Education]
5077     state board.
5078          (c) Notwithstanding Subsection (5)(b)(iii), an LEA employee is an eligible instructor
5079     if:
5080          (i) the State Board of Regents has not established the policy described in Subsection

5081     (3)(b); and
5082          (ii) the LEA employee:
5083          (A) meets the requirements described in Subsections (5)(b)(i) and (ii); and
5084          (B) is approved as adjunct faculty by an institution of higher education.
5085          (6) An LEA and an institution of higher education may qualify a grade 9 or grade 10
5086     student to enroll in a current enrollment course by exception, including a student who
5087     otherwise qualifies to take a foreign language concurrent enrollment course described in
5088     Section 53E-10-307.
5089          (7) An institution of higher education shall accept credits earned by a student who
5090     completes a concurrent enrollment course on the same basis as credits earned by a full-time or
5091     part-time student enrolled at the institution of higher education.
5092          Section 152. Section 53E-10-304 is amended to read:
5093          53E-10-304. Concurrent enrollment participation form -- Parental permission.
5094          (1) The State Board of Regents shall create a higher education concurrent enrollment
5095     participation form that includes a parental permission form.
5096          (2) Before allowing an eligible student to participate in concurrent enrollment, an LEA
5097     and an institution of higher education shall ensure that the eligible student has, for the current
5098     school year:
5099          (a) submitted the participation form described in Subsection (1);
5100          (b) signed an acknowledgment of program participation requirements; and
5101          (c) obtained parental permission as indicated by the signature of a student's parent [or
5102     legal guardian] on the parental permission form.
5103          Section 153. Section 53E-10-308 is amended to read:
5104          53E-10-308. Reporting.
5105          The [State Board of Education] state board and the State Board of Regents shall submit
5106     an annual written report to the Higher Education Appropriations Subcommittee and the Public
5107     Education Appropriations Subcommittee on student participation in the concurrent enrollment
5108     program, including:
5109          (1) data on the higher education tuition not charged due to the hours of higher
5110     education credit granted through concurrent enrollment;
5111          (2) tuition or fees charged under Section 53E-10-305;

5112          (3) an accounting of the money appropriated for concurrent enrollment; and
5113          (4) a justification of the distribution method described in Subsections 53F-2-409(3)(d)
5114     and (e).
5115          Section 154. Section 53E-10-401 is amended to read:
5116          53E-10-401. Definitions.
5117          As used in this part:
5118          (1) "Commission" means the American Indian-Alaskan Native Education Commission
5119     created in Section 53E-10-403.
5120          (2) "Liaison" means the individual appointed under Section 53E-10-402.
5121          (3) "Native American Legislative Liaison Committee" means the committee created in
5122     Section 36-22-1.
5123          (4) "State plan" means the state plan adopted under Section 53E-10-405.
5124          [(5) "Superintendent" means the superintendent of public instruction appointed under
5125     Section 53E-3-301.]
5126          Section 155. Section 53E-10-402 is amended to read:
5127          53E-10-402. American Indian-Alaskan Native Public Education Liaison.
5128          (1) Subject to budget constraints, the state superintendent shall appoint an individual as
5129     the American Indian-Alaskan Native Public Education Liaison.
5130          (2) The liaison shall work under the direction of the state superintendent in the
5131     development and implementation of the state plan.
5132          (3) The liaison shall annually report to the Native American Legislative Liaison
5133     Committee about:
5134          (a) the liaison's activities; and
5135          (b) the activities related to the education of American Indians and Alaskan Natives in
5136     the state's public school system and efforts to close the achievement gap.
5137          Section 156. Section 53E-10-403 is amended to read:
5138          53E-10-403. Commission created.
5139          (1) There is created a commission known as the "American Indian-Alaskan Native
5140     Education Commission." The commission shall consist of 16 members as follows:
5141          (a) the state superintendent;
5142          (b) the liaison;

5143          (c) two individuals appointed by the [State Board of Education] state board that are
5144     coordinators funded in whole or in part under Title VII, Elementary and Secondary Education
5145     Act;
5146          (d) three members of the Native American Legislative Liaison Committee appointed by
5147     the chairs of the Native American Legislative Liaison Committee;
5148          (e) a representative of the Navajo Nation who resides in Utah selected by the Navajo
5149     Utah Commission;
5150          (f) a representative of the Ute Indian Tribe of the Uintah and Ouray Reservation who
5151     resides in Utah selected by the Uintah and Ouray Tribal Business Committee;
5152          (g) a representative of the Paiute Indian Tribe of Utah who resides in Utah selected by
5153     the Paiute Indian Tribe of Utah Tribal Council;
5154          (h) a representative of the Northwestern Band of the Shoshone Nation who resides in
5155     Utah selected by the Northwestern Band of the Shoshone Nation Tribal Council;
5156          (i) a representative of the Confederated Tribes of the Goshute who resides in Utah
5157     selected by the Confederated Tribes of the Goshute Reservation Tribal Council;
5158          (j) a representative of the Skull Valley Band of Goshute Indians who resides in Utah
5159     selected by the Skull Valley Band of Goshute Indian Tribal Executive Committee;
5160          (k) a representative of the Ute Mountain Ute Tribe who resides in Utah selected by the
5161     Ute Mountain Ute Tribal Council;
5162          (l) a representative of the San Juan Southern Paiute Tribe who resides in Utah selected
5163     by the San Juan Southern Paiute Tribal Council; and
5164          (m) an appointee from the governor.
5165          (2) Unless otherwise determined by the [State Board of Education] state board, the
5166     state superintendent shall chair the commission.
5167          (3) (a) The state superintendent shall call meetings of the commission.
5168          (b) Eight members of the commission constitute a quorum of the commission.
5169          (c) The action of a majority of the commission at a meeting when a quorum is present
5170     constitutes action of the commission.
5171          (4) If a vacancy occurs in the membership for any reason, the replacement shall be
5172     appointed in the same manner of the original appointment for the vacant position.
5173          (5) The commission may adopt procedures or requirements for:

5174          (a) voting, when there is a tie of the commission members; and
5175          (b) the frequency of meetings.
5176          (6) (a) A member of the commission may not receive compensation or benefits for the
5177     member's service, but may receive per diem and travel expenses in accordance with:
5178          (i) Section 63A-3-106;
5179          (ii) Section 63A-3-107; and
5180          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5181     63A-3-107.
5182          (b) Compensation and expenses of a participant who is a legislator are governed by
5183     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
5184          (7) The staff of the [State Board of Education] state board shall staff the commission.
5185          (8) The commission shall be dissolved on December 31, 2015.
5186          Section 157. Section 53E-10-405 is amended to read:
5187          53E-10-405. Adoption of state plan.
5188          (1) After receipt of the proposed state plan from the commission in accordance with
5189     Section 53E-10-404, the Native American Legislative Liaison Committee may review the
5190     proposed state plan and make changes to the proposed state plan that the Native American
5191     Legislative Liaison Committee considers beneficial to addressing the educational achievement
5192     gap of the state's American Indian and Alaskan Native students.
5193          (2) (a) The Native American Legislative Liaison Committee shall submit the proposed
5194     state plan as modified by the Native American Legislative Liaison Committee to the Utah
5195     [State Board of Education] state board.
5196          (b) The Utah [State Board of Education] state board shall, by majority vote, within 60
5197     days after receipt of the state plan under Subsection (2)(a), adopt, modify, or reject the state
5198     plan. If the Utah [State Board of Education] state board does not act within 60 days after
5199     receipt of the state plan, the state plan is considered adopted by the Utah [State Board of
5200     Education] state board.
5201          (3) The Native American Legislative Liaison Committee may prepare legislation to
5202     implement the state plan adopted under this section.
5203          Section 158. Section 53E-10-406 is amended to read:
5204          53E-10-406. Changes to state plan.

5205          (1) The Native American Legislative Liaison Committee may recommend to the [Utah
5206     State Board of Education] state board changes to the state plan adopted under Section
5207     53E-10-405 to ensure that the state plan continues to meet the academic needs of the state's
5208     American Indian and Alaskan Native students.
5209          (2) The Native American Legislative Liaison Committee may recommend to the state
5210     superintendent that the commission be reconstituted for an 18-month period if the Native
5211     American Legislative Liaison Committee determines that a substantial review of the state plan
5212     is necessary. If reconstituted under this Subsection (2), the commission shall comply with the
5213     requirements of Sections 53E-10-402 through 53E-10-404.
5214          Section 159. Section 53E-10-503 is amended to read:
5215          53E-10-503. School Safety and Crisis Line Commission established -- Members.
5216          (1) There is created the School Safety and Crisis Line Commission composed of the
5217     following members:
5218          (a) one member who represents the Office of the Attorney General, appointed by the
5219     attorney general;
5220          (b) one member who represents the Utah Public Education System, appointed by the
5221     [State Board of Education] state board;
5222          (c) one member who represents the Utah System of Higher Education, appointed by the
5223     State Board of Regents;
5224          (d) one member who represents the Utah Department of Health, appointed by the
5225     executive director of the Department of Health;
5226          (e) one member of the House of Representatives, appointed by the speaker of the
5227     House of Representatives;
5228          (f) one member of the Senate, appointed by the president of the Senate;
5229          (g) one member who represents the University Neuropsychiatric Institute, appointed by
5230     the chair of the commission;
5231          (h) one member who represents law enforcement who has extensive experience in
5232     emergency response, appointed by the chair of the commission;
5233          (i) one member who represents the Utah Department of Human Services who has
5234     experience in youth services or treatment services, appointed by the executive director of the
5235     Department of Human Services; and

5236          (j) two members of the public, appointed by the chair of the commission.
5237          (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
5238     appointed to four-year terms.
5239          (b) The length of the terms of the members shall be staggered so that approximately
5240     half of the committee is appointed every two years.
5241          (c) When a vacancy occurs in the membership of the commission, the replacement
5242     shall be appointed for the unexpired term.
5243          (3) (a) The attorney general's designee shall serve as chair of the commission.
5244          (b) The chair shall set the agenda for commission meetings.
5245          (4) Attendance of a simple majority of the members constitutes a quorum for the
5246     transaction of official commission business.
5247          (5) Formal action by the commission requires a majority vote of a quorum.
5248          (6) (a) Except as provided in Subsection (6)(b), a member may not receive
5249     compensation, benefits, per diem, or travel expenses for the member's service.
5250          (b) Compensation and expenses of a member who is a legislator are governed by
5251     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
5252          (7) The Office of the Attorney General shall provide staff support to the commission.
5253          Section 160. Section 53E-10-504 is amended to read:
5254          53E-10-504. School Safety and Crisis Line Commission duties.
5255          The commission shall coordinate:
5256          (1) statewide efforts related to the School Safety and Crisis Line; and
5257          (2) with the [State Board of Education] state board and the State Board of Regents to
5258     promote awareness of the services available through the School Safety and Crisis Line.
5259          Section 161. Section 53E-10-505 is amended to read:
5260          53E-10-505. State board and local boards of education to update policies and
5261     promote awareness.
5262          (1) The [State Board of Education] state board shall:
5263          (a) revise the conduct and discipline policy models, described in Section 53G-8-202, to
5264     include procedures for responding to reports received under Subsection 53E-10-502(3); and
5265          (b) revise the curriculum developed by the [State Board of Education] state board for
5266     the parent seminar, described in Section 53G-9-703, to include information about the School

5267     Safety and Crisis Line.
5268          (2) A local school board or charter school governing board shall:
5269          (a) revise the conduct and discipline policies, described in Section 53G-8-203, to
5270     include procedures for responding to reports received under Subsection 53E-10-502(3); and
5271          (b) inform students, parents, and school personnel about the School Safety and Crisis
5272     Line.
5273          Section 162. Section 53E-10-601 is amended to read:
5274          53E-10-601. Definitions.
5275          As used in this part:
5276          [(1) "Board" means the State Board of Education.]
5277          [(2)] (1) "Electronic High School" means a rigorous program offering grade 9 - 12
5278     level online courses and coordinated by the state board.
5279          [(3)] (2) "Home-schooled student" means a student:
5280          (a) attends a home school;
5281          (b) is exempt from school attendance pursuant to Section 53G-6-204; and
5282          (c) attends no more than two regularly scheduled classes or courses in a public school
5283     per semester.
5284          [(4)] (3) "Open-entry, open-exit" means:
5285          (a) a method of instructional delivery that allows for flexible scheduling in response to
5286     individual student needs or requirements and demonstrated competency when knowledge and
5287     skills have been mastered; and
5288          (b) students have the flexibility to begin or end study at any time, progress through
5289     course material at their own pace, and demonstrate competency when knowledge and skills
5290     have been mastered.
5291          Section 163. Section 53E-10-603 is amended to read:
5292          53E-10-603. Courses and credit.
5293          (1) The Electronic High School may only offer courses required for high school
5294     graduation or that fulfill course requirements established by the [State Board of Education]
5295     state board.
5296          (2) The Electronic High School shall:
5297          (a) offer courses in an open-entry, open-exit format; and

5298          (b) offer courses that are in conformance with the core standards for Utah public
5299     schools established by the state board.
5300          (3) Public schools shall:
5301          (a) accept all credits awarded to students by the Electronic High School; and
5302          (b) apply credits awarded for a course described in Subsection (2)(b) toward the
5303     fulfillment of course requirements.
5304          Section 164. Section 53E-10-606 is amended to read:
5305          53E-10-606. Payment for an Electronic High School course.
5306          (1) Electronic High School courses are provided to students who are Utah residents, as
5307     defined in Section 53G-6-302, free of charge.
5308          (2) Nonresident students may enroll in Electronic High School courses for a fee set by
5309     the state board, provided that the course can accommodate additional students.
5310          Section 165. Section 53E-10-607 is amended to read:
5311          53E-10-607. Electronic High School diploma.
5312          The Electronic High School may award a diploma to a student that meets any of the
5313     following criteria upon the student's completion of high school graduation requirements set by
5314     the state board:
5315          (1) a home-schooled student;
5316          (2) a student who has dropped out of school and whose original high school class has
5317     graduated; or
5318          (3) a student who is identified by the student's resident school district as ineligible for
5319     graduation from a traditional high school program for specific reasons.
5320          Section 166. Section 53E-10-609 is amended to read:
5321          53E-10-609. State contribution for the Electronic High School.
5322          Money appropriated to the [State Board of Education] state board for the Electronic
5323     High School shall be distributed to the school according to rules established by the state board
5324     [in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act].
5325          Section 167. Section 53E-10-701 is amended to read:
5326          53E-10-701. Definitions.
5327          As used in this part:
5328          [(1) "Board" means the State Board of Education.]

5329          [(2)] (1) "Director" means the director of ULEAD appointed under this part.
5330          [(3)] (2) "Director Selection Committee" or "selection committee" means the
5331     committee created in Section [53E-10-703] 53E-10-704 that appoints the director.
5332          [(4)] (3) "Local education agency" or "LEA" means a public:
5333          (a) school district;
5334          (b) school; or
5335          (c) charter school.
5336          [(5)] (4) "Participating institution" means a public or private research institution that
5337     enters into an arrangement with the director to provide research and other services described in
5338     this part.
5339          [(6)] (5) "Research clearinghouse" means a collection of information maintained and
5340     distributed by ULEAD in accordance with Section [53E-10-705] 53E-10-706.
5341          [(7)] (6) "Steering committee" means the committee that advises the director and is
5342     created in Section [53E-10-706] 53E-10-707.
5343          [(8)] (7) "ULEAD" means Utah Leading through Effective, Actionable, and Dynamic
5344     Education through the efforts of the director, participating institutions, and the steering
5345     committee as described in this part.
5346          Section 168. Section 53E-10-703 is amended to read:
5347          53E-10-703. ULEAD director -- Qualification and employment -- Duties --
5348     Reporting -- Annual conference.
5349          (1) The ULEAD director shall:
5350          (a) (i) hold a doctorate degree in education or an equivalent degree; and
5351          (ii) have demonstrated experience in research and dissemination of best practices in
5352     education; and
5353          (b) (i) be a full-time employee; and
5354          (ii) report to the state superintendent [of public instruction].
5355          (2) The state superintendent shall:
5356          (a) evaluate the director's performance annually;
5357          (b) report on the director's performance to the selection committee; and
5358          (c) provide space for the director and the director's staff.
5359          (3) The director may hire staff, using only money specifically appropriated to ULEAD.

5360          (4) The director shall perform the following duties and functions:
5361          (a) gather current research on innovative and effective practices in K-12 education for
5362     use by policymakers and practitioners;
5363          (b) facilitate collaboration between LEAs, higher education researchers, and
5364     practitioners by:
5365          (i) sharing innovative and effective practices shown to improve student learning;
5366          (ii) identifying experts in specific areas of practice; and
5367          (iii) maintaining a research clearinghouse and directory of researchers; and
5368          (c) analyze barriers to replication or adaption of innovative and successful practices
5369     studied by ULEAD or contributed to the ULEAD research clearinghouse.
5370          (5) The director shall:
5371          (a) prioritize reports and other research based on recommendations of the steering
5372     committee in accordance with Subsection 53E-10-707(5), and after consulting with individuals
5373     described in Subsection 53E-10-707(6);
5374          (b) identify Utah LEAs, or schools outside the public school system, that are:
5375          (i) innovative in specific areas of practice; and
5376          (ii) more effective or efficient than comparable LEAs in improving student learning;
5377          (c) establish criteria for innovative practice reports to be performed by participating
5378     institutions and included in the research clearinghouse, including report templates;
5379          (d) arrange with participating institutions to generate innovative practice reports on
5380     effective and innovative K-12 education practices; and
5381          (e) (i) disseminate each innovative practice report to LEAs; and
5382          (ii) publish innovative practice reports on the ULEAD website.
5383          (6) In an innovative practice report, a participating institution shall:
5384          (a) include or reference a review of research regarding the practice in which the subject
5385     LEA has demonstrated success;
5386          (b) identify through academically acceptable, evidence-based research methods the
5387     causes of the LEA's successful practice;
5388          (c) identify opportunities for LEAs to adopt or customize innovative or best practices;
5389          (d) address limitations to successful replication or adaptation of the successful practice
5390     by other LEAs, which may include barriers arising from federal or state law, state or LEA

5391     policy, socioeconomic conditions, or funding limitations;
5392          (e) include practical templates for successful replication and adaptation of successful
5393     practices, following criteria established by the director;
5394          (f) identify experts in the successful practice that is the subject of the innovative
5395     practice report, including teachers or administrators at the subject LEA; and
5396          (g) include:
5397          (i) an executive summary describing the innovative practice report; and
5398          (ii) a video component or other elements designed to ensure that an innovative practice
5399     report is readily understandable by practitioners.
5400          (7) The director may, if requested by an LEA leader or policymaker, conduct an
5401     evidence-based review of a possible innovation in an area of practice.
5402          (8) The director may also accept innovative practice reports from trained practitioners
5403     that meet the criteria set by the director.
5404          (9) The director or a participating institution, to enable successful replication or
5405     adaption of successful practices, may recommend to:
5406          (a) the Legislature, amendments to state law; or
5407          (b) the state board, revisions to state board rule or policy.
5408          (10) The director shall:
5409          (a) report on the activities of ULEAD annually to the state board; and
5410          (b) provide reports or other information to the state board upon state board request.
5411          (11) The director shall:
5412          (a) prepare an annual report on ULEAD research and other activities;
5413          (b) on or before September 30, submit the annual report:
5414          (i) to the Education Interim Committee and the Public Education Appropriations
5415     Subcommittee; and
5416          (ii) in accordance with Section 68-3-14;
5417          (c) publish the annual report on the ULEAD website; and
5418          (d) disseminate the report to LEAs through electronic channels.
5419          (12) The director shall facilitate and conduct an annual conference on successful and
5420     innovative K-12 education practices, featuring:
5421          (a) Utah education leaders; and

5422          (b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
5423     and other ULEAD activities, or other innovative and successful education practices.
5424          Section 169. Section 53E-10-704 is amended to read:
5425          53E-10-704. Director Selection Committee -- Membership -- Powers and duties --
5426     Compensation.
5427          (1) There is created the Director Selection Committee to appoint the director.
5428          (2) The selection committee shall consist of the following nine members each
5429     appointed for two-year staggered terms, with the initial terms of the members described in
5430     Subsections (2)(a), (b), and (c) to be three years:
5431          (a) one member of the office of the governor, who is the chair of the selection
5432     committee and appointed by the governor;
5433          (b) one member of the House of Representatives, appointed by the speaker of the
5434     House of Representatives;
5435          (c) one member of the Senate, appointed by the president of the Senate;
5436          (d) one member of the state board, appointed by the chair of the state board;
5437          (e) one member of the Board of Regents, appointed by the chair of the Board of
5438     Regents;
5439          (f) one member appointed by the state superintendent [of public instruction];
5440          (g) one member of the State Charter School Board, appointed by the chair of the State
5441     Charter School Board;
5442          (h) one member of the Utah School Boards Association recognized in Section
5443     53G-4-502, appointed by the association executive director; and
5444          (i) one member of a state association that represents school superintendents, appointed
5445     by the association executive director.
5446          (3) (a) A member of the selection committee may be appointed for more than one term.
5447          (b) If a midterm vacancy occurs on the selection committee, the appointing individual,
5448     as described in Subsection (2), for the vacant position shall appoint an individual for the
5449     remainder of the term.
5450          (4) A majority of the members shall constitute a quorum for the transaction of selection
5451     committee business.
5452          (5) (a) The selection committee shall select and appoint a director for a four-year term.

5453          (b) The director may be appointed for more than one term.
5454          (6) (a) In a year in which the director is appointed, the selection committee shall:
5455          (i) solicit applications for the director position to be submitted no later than June 1;
5456          (ii) hold at least two meetings to discuss candidates for the open director position; and
5457          (iii) select and appoint by majority vote a candidate to fill the director position to begin
5458     employment no later than August 1.
5459          (b) Notwithstanding Subsection (6)(a), if a midterm vacancy in the director position
5460     occurs, the selection committee shall:
5461          (i) no later than 25 business days after the day on which the position is vacated, solicit
5462     applications for the director position;
5463          (ii) hold at least two meetings to discuss candidates for the vacant position; and
5464          (iii) no later than 60 business days after the day on which the position is vacated, select
5465     a candidate to fill the director position for the remainder of the term.
5466          (7) (a) The selection committee:
5467          (i) may remove a director before the completion of the director's term only by a
5468     majority vote of the selection committee; and
5469          (ii) is the only person empowered to remove the director.
5470          (b) The chair shall hold a meeting to consider removing the director upon request of
5471     two or more selection committee members.
5472          (8) A member of the selection committee may not receive compensation except a
5473     member who is a legislator shall receive compensation for travel and other expense
5474     reimbursements in accordance with Section 36-2-2.
5475          (9) The selection committee shall:
5476          (a) establish criteria for evaluation of the ULEAD program, including the degree of
5477     participation by participating institutions and practitioners; and
5478          (b) evaluate the effectiveness of ULEAD every four years for purposes of continuing
5479     the program.
5480          (10) The selection committee shall hold a meeting described in this section in
5481     accordance with Title 52, Chapter 4, Open and Public Meetings Act.
5482          Section 170. Section 53E-10-705 is amended to read:
5483          53E-10-705. Participating institutions.

5484          (1) The director may arrange or collaborate with a participating institution:
5485          (a) to conduct an innovative practice report or provide other research services,
5486     including research regarding barriers to adoption of practices studied by ULEAD;
5487          (b) to assist an LEA to:
5488          (i) facilitate communities of practice for replication or adaptation of best practices
5489     identified by ULEAD; and
5490          (ii) advise teachers and school leaders on conducting their own research to improve
5491     education practices;
5492          (c) to assist an LEA with an application to the state board for waiver from a state board
5493     rule in accordance with Section 53G-7-202 to allow replication or adaptation of best practices;
5494     or
5495          (d) for any other purpose that is consistent with and advances the director's duties and
5496     functions.
5497          (2) An agreement entered into by a participating institution with the state board or an
5498     LEA to perform ULEAD work shall:
5499          (a) include provisions allowing and governing external research data sharing; and
5500          (b) comply with state and federal law.
5501          (3) The director shall support federal and private research funding requests by a
5502     participating institution for research that is in support of the director's duties and functions.
5503          Section 171. Section 53E-10-706 is amended to read:
5504          53E-10-706. Electronic resources -- Research clearinghouse.
5505          (1) The state board shall publish a ULEAD website containing information provided by
5506     the director as described in this part.
5507          (2) The director shall within two years of appointment:
5508          (a) develop and maintain a research clearinghouse publicly available through the
5509     website described in Subsection (1); and
5510          (b) include in the research clearinghouse:
5511          (i) research on K-12 education, including peer-reviewed research;
5512          (ii) information on K-12 education innovation and best practices;
5513          (iii) an index and explanation of academic, state, federal, or other K-12 education
5514     research repositories;

5515          (iv) K-12 education research and policy briefs generated by Utah public and private
5516     institutions of higher education, including participating institutions, categorized and searchable
5517     by topic;
5518          (v) access points to and explanation of currently available K-12 education data,
5519     including data managed by the Utah Data Research Center created in Section 35A-14-201 and
5520     data maintained by the state board;
5521          (vi) other K-12 education information as determined by the director, including
5522     information regarding efforts by institutions or other individuals to promote innovative and
5523     effective education practices in Utah; and
5524          (vii) each innovative practice report prepared by ULEAD, categorized and searchable
5525     by topic, location of the studied LEA, and socioeconomic and demographic profile.
5526          (3) The director shall publish:
5527          (a) an electronic directory of K-12 education experts identified in ULEAD research and
5528     reports; and
5529          (b) a monthly report to LEAs, via electronic channels provided by the state board,
5530     highlighting ULEAD activities and soliciting proposals from education practitioners for
5531     ULEAD research and reports.
5532          (4) The director may provide electronic seminars or forums for professional learning
5533     regarding subjects of ULEAD research and reports to K-12 practitioners.
5534          Section 172. Section 53E-10-707 is amended to read:
5535          53E-10-707. ULEAD Steering Committee.
5536          (1) (a) There is created the ULEAD Steering Committee.
5537          (b) The director is the chair of the steering committee.
5538          (2) The steering committee shall consist of the following members each appointed for a
5539     term of one year:
5540          (a) the director;
5541          (b) one member appointed by the chair of the state board;
5542          (c) the state superintendent [of public instruction] or the state superintendent's
5543     designee;
5544          (d) the staff director of the State Charter School Board or the director's designee;
5545          (e) one member appointed by the office of the governor;

5546          (f) one member, appointed by the director, who is a superintendent of a school district;
5547          (g) one member, appointed by the director, of a local school board;
5548          (h) two principals or other public school leaders of public schools that are not charter
5549     schools, appointed by the director;
5550          (i) two principals or other public school leaders of charter schools, appointed by the
5551     director;
5552          (j) two educators who hold a current license under Chapter 6, Education Professional
5553     Licensure, nominated by LEA leaders and appointed by the director; and
5554          (k) two members representing citizens or business, nominated by the members of the
5555     public and appointed by the director.
5556          (3) (a) A member of the steering committee may be appointed for more than one term.
5557          (b) If a midterm vacancy occurs on the steering committee, the appointing individual,
5558     as described in Subsection (2), for the vacant position shall appoint an individual for the
5559     remainder of the term.
5560          (4) (a) The steering committee shall hold a meeting at least semi annually in January
5561     and July or on dates otherwise chosen by the director.
5562          (b) The state board shall provide space for the steering committee to meet.
5563          (5) The steering committee shall:
5564          (a) discuss prospective and current ULEAD projects and findings;
5565          (b) consult with and make recommendations to the director to prioritize ULEAD
5566     reports and areas of focused research;
5567          (c) facilitate connections between the director and Utah's political, business, education
5568     technology, and academic communities; and
5569          (d) make recommendations to improve gathering, retaining, and disseminating
5570     education data and research and evaluation findings for use by participating institutions and
5571     other education policy researchers, including data managed by the Utah Data Research Center
5572     created in Section 35A-14-201.
5573          (6) In order to determine research priorities for ULEAD, the director shall consult with:
5574          (a) members of the Legislature responsible for public education;
5575          (b) members of Utah professional education associations, including principals and
5576     [school boards] LEA governing board members; and

5577          (c) policy-research centers based in Utah.
5578          (7) The state board or state superintendent [of public instruction] may request that the
5579     director arrange with a participating institution to prepare a report on a specific LEA or area of
5580     practice meeting the criteria established in this part.
5581          (8) A member of the steering committee may not receive compensation except a
5582     member who is a legislator shall receive compensation for travel and other expense
5583     reimbursements in accordance with Section 36-2-2.
5584          (9) The steering committee shall hold a meeting described in this section in accordance
5585     with Title 52, Chapter 4, Open and Public Meetings Act.
5586          Section 173. Section 53F-2-102 is amended to read:
5587          53F-2-102. Definitions.
5588          As used in this chapter:
5589          (1) "Basic state-supported school program," "basic program," or "basic school
5590     program" means public education programs for kindergarten, elementary, and secondary school
5591     students that are operated and maintained for the amount derived by multiplying the number of
5592     weighted pupil units for each school district or charter school by the value established each
5593     year in the enacted public education budget, except as otherwise provided in this chapter.
5594          [(2) "Charter school governing board" means the governing board, as defined in
5595     Section 53G-5-102, that governs a charter school.]
5596          [(3) "Local education] (2) "LEA governing board" means a local school board or
5597     charter school governing board.
5598          [(4) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
5599     Election of Members of Local Boards of Education.]
5600          [(5)] (3) "Pupil in average daily membership (ADM)" means a full-day equivalent
5601     pupil.
5602          [(6) (a) "State-supported minimum school program" or]
5603          (4) (a) "Minimum School Program" means the state-supported public school programs
5604     for kindergarten, elementary, and secondary schools as described in this Subsection [(6)] (4).
5605          (b) The Minimum School Program established in school districts and charter schools
5606     shall include the equivalent of a school term of nine months as determined by the [State Board
5607     of Education] state board.

5608          (c) (i) The state board shall establish the number of days or equivalent instructional
5609     hours that school is held for an academic school year.
5610          (ii) Education, enhanced by utilization of technologically enriched delivery systems,
5611     when approved by [a local education] an LEA governing board, shall receive full support by
5612     the [State Board of Education] state board as it pertains to fulfilling the attendance
5613     requirements, excluding time spent viewing commercial advertising.
5614          (d) (i) [A local education] An LEA governing board may reallocate up to 32
5615     instructional hours or four school days established under Subsection [(6)] (4)(c) for teacher
5616     preparation time or teacher professional development.
5617          (ii) A reallocation of instructional hours or school days under Subsection [(6)] (4)(d)(i)
5618     is subject to the approval of two-thirds of the members of [a local education] an LEA
5619     governing board voting in a regularly scheduled meeting:
5620          (A) at which a quorum of the [local education] LEA governing board is present; and
5621          (B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
5622          (iii) If [a local education] an LEA governing board reallocates instructional hours or
5623     school days as provided by this Subsection [(6)] (4)(d), the school district or charter school
5624     shall notify students' parents [and guardians] of the school calendar at least 90 days before the
5625     beginning of the school year.
5626          (iv) Instructional hours or school days reallocated for teacher preparation time or
5627     teacher professional development pursuant to this Subsection [(6)] (4)(d) is considered part of a
5628     school term referred to in Subsection [(6)] (4)(b).
5629          (e) The Minimum School Program includes a program or allocation funded by a line
5630     item appropriation or other appropriation designated as follows:
5631          (i) Basic School Program;
5632          (ii) Related to Basic Programs;
5633          (iii) Voted and Board Levy Programs; or
5634          (iv) Minimum School Program.
5635          [(7)] (5) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
5636     factors that is computed in accordance with this chapter for the purpose of determining the
5637     costs of a program on a uniform basis for each school district or charter school.
5638          Section 174. Section 53F-2-202 is amended to read:

5639          53F-2-202. Contribution of state to cost of Minimum School Program --
5640     Determination of amounts -- Levy on taxable property -- Disbursal -- Deficiency.
5641          The state's contribution to the total cost of the [minimum school program] Minimum
5642     School Program is determined and distributed as follows:
5643          (1) The State Tax Commission shall levy an amount determined by the Legislature on
5644     all taxable property of the state.
5645          (a) This amount, together with other funds provided by law, is the state's contribution
5646     to the [minimum school program] Minimum School Program.
5647          (b) The statewide levy is set at zero until changed by the Legislature.
5648          (2) During the first week in November, the State Tax Commission shall certify to the
5649     [State Board of Education] state board the amounts designated as state aid for each school
5650     district under Section 59-2-902.
5651          (3) (a) The actual amounts computed under Section 59-2-902 are the state's
5652     contribution to the [minimum school program] Minimum School Program of each school
5653     district.
5654          (b) The [State Board of Education] state board shall provide each [local education]
5655     LEA governing board with a statement of the amount of state aid.
5656          (4) Before the first day of each month, the state treasurer and the Division of Finance,
5657     with the approval of the [State Board of Education] state board, shall disburse 1/12 of the
5658     state's contribution to the cost of the [minimum school program] Minimum School Program to
5659     each school district and each charter school.
5660          (a) The [State Board of Education] state board may not make a disbursement to a
5661     school district or charter school whose payments have been interrupted under Subsection
5662     (4)(d).
5663          (b) Discrepancies between the monthly disbursements and the actual cost of the
5664     program shall be adjusted in the final settlement under Subsection (5).
5665          (c) If the monthly distributions overdraw the money in the Uniform School Fund, the
5666     Division of Finance is authorized to run this fund in a deficit position.
5667          (d) The [State Board of Education] state board may interrupt disbursements to a school
5668     district or charter school if, in the judgment of the [State Board of Education] state board, the
5669     school district or charter school is failing to comply with the [minimum school program]

5670     Minimum School Program, is operating programs that are not approved by the [State Board of
5671     Education] state board, or has not submitted reports required by law or the [State Board of
5672     Education] state board.
5673          (i) Disbursements shall be resumed upon request of the [State Board of Education]
5674     state board.
5675          (ii) Back disbursements shall be included in the next regular disbursement, and the
5676     amount disbursed certified to the State Division of Finance and state treasurer by the [State
5677     Board of Education] state board.
5678          (e) The [State Board of Education] state board may authorize exceptions to the 1/12
5679     per month disbursement formula for grant funds if the [State Board of Education] state board
5680     determines that a different disbursement formula would better serve the purposes of the grant.
5681          (5) (a) If money in the Uniform School Fund is insufficient to meet the state's
5682     contribution to the [minimum school program] Minimum School Program as appropriated, the
5683     amount of the deficiency thus created shall be carried as a deficiency in the Uniform School
5684     Fund until the next session of the Legislature, at which time the Legislature shall appropriate
5685     funds to cover the deficiency.
5686          (b) If there is an operating deficit in public education Uniform School Fund
5687     appropriations, the Legislature shall eliminate the deficit by:
5688          (i) budget transfers or other legal means;
5689          (ii) appropriating money from the Education Budget Reserve Account;
5690          (iii) appropriating up to 25% of the balance in the General Fund Budget Reserve
5691     Account; or
5692          (iv) some combination of Subsections (5)(b)(i), (ii), and (iii).
5693          (c) Nothing in Subsection (5)(b) precludes the Legislature from appropriating more
5694     than 25% of the balance in the General Fund Budget Reserve Account to fund operating
5695     deficits in public education appropriations.
5696          Section 175. Section 53F-2-203 is amended to read:
5697          53F-2-203. Reduction of LEA governing board allocation based on insufficient
5698     revenues.
5699          (1) As used in this section, "Minimum School Program funds" means the total of state
5700     and local funds appropriated for the Minimum School Program, excluding:

5701          (a) an appropriation for a state guaranteed local levy increment as described in Section
5702     53F-2-601; and
5703          (b) the appropriation to charter schools to replace local property tax revenues pursuant
5704     to Section 53F-2-704.
5705          (2) If the Legislature reduces appropriations made to support public schools under this
5706     chapter because an Education Fund budget deficit, as defined in Section 63J-1-312, exists, the
5707     [State Board of Education] state board, after consultation with each [local education] LEA
5708     governing board, shall allocate the reduction among school districts and charter schools in
5709     proportion to each school district's or charter school's percentage share of Minimum School
5710     Program funds.
5711          (3) Except as provided in Subsection (5) and subject to the requirements of Subsection
5712     (7), [a local education] an LEA governing board shall determine which programs are affected
5713     by a reduction pursuant to Subsection (2) and the amount each program is reduced.
5714          (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
5715     amount in any particular program is waived if reductions are made pursuant to Subsection (2).
5716          (5) [A local education] An LEA governing board may not reduce or reallocate
5717     spending of funds distributed to the school district or charter school for the following
5718     programs:
5719          (a) educator salary adjustments provided in Section 53F-2-405;
5720          (b) the Teacher Salary Supplement Program provided in Section 53F-2-504;
5721          (c) the extended year for special educators provided in Section 53F-2-310;
5722          (d) USTAR centers provided in Section 53F-2-505;
5723          (e) the School LAND Trust Program described in Sections 53F-2-404 and 53F-7-1206;
5724     or
5725          (f) a special education program within the basic school program.
5726          (6) [A local education] An LEA governing board may not reallocate spending of funds
5727     distributed to the school district or charter school to a reserve account.
5728          (7) [A local education] An LEA governing board that reduces or reallocates funds in
5729     accordance with this section shall report all transfers into, or out of, Minimum School Program
5730     programs to the [State Board of Education] state board as part of the school district or charter
5731     school's Annual Financial and Program report.

5732          Section 176. Section 53F-2-204 is amended to read:
5733          53F-2-204. Use of funds for approved programs -- Assessment of funded
5734     programs.
5735          (1) Funds appropriated under this chapter shall only be used for programs approved by
5736     the [State Board of Education] state board.
5737          (2) The [State Board of Education] state board shall assess the progress and degree of
5738     effectiveness of all programs funded under this chapter.
5739          Section 177. Section 53F-2-205 is amended to read:
5740          53F-2-205. Powers and duties of state board to adjust Minimum School Program
5741     allocations -- Use of remaining funds at the end of a fiscal year.
5742          (1) As used in this section:
5743          [(a) "Board" means the State Board of Education.]
5744          [(b)] (a) "ESEA" means the Elementary and Secondary Education Act of 1965, 20
5745     U.S.C. Sec. 6301 et seq.
5746          [(c)] (b) "Program" means a program or allocation funded by a line item appropriation
5747     or other appropriation designated as:
5748          (i) Basic Program;
5749          (ii) Related to Basic Programs;
5750          (iii) Voted and Board Levy Programs; or
5751          (iv) Minimum School Program.
5752          (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units
5753     in a program is underestimated, the state board shall reduce the value of the weighted pupil unit
5754     in that program so that the total amount paid for the program does not exceed the amount
5755     appropriated for the program.
5756          (3) If the number of weighted pupil units in a program is overestimated, the state board
5757     shall spend excess money appropriated for the following purposes giving priority to the
5758     purpose described in Subsection (3)(a):
5759          (a) to support the value of the weighted pupil unit in a program within the basic
5760     state-supported school program in which the number of weighted pupil units is underestimated;
5761          (b) to support the state guaranteed local levy increments as defined in Section
5762     53F-2-601, if:

5763          (i) local contributions to the voted local levy program or board local levy program are
5764     overestimated; or
5765          (ii) the number of weighted pupil units within school districts qualifying for a
5766     guarantee is underestimated;
5767          (c) to support the state supplement to local property taxes allocated to charter schools,
5768     if the state supplement is less than the amount prescribed by Section 53F-2-704; or
5769          (d) to support a school district with a loss in student enrollment as provided in Section
5770     53F-2-207.
5771          (4) If local contributions from the minimum basic tax rate imposed under Section
5772     53F-2-301 or 53F-2-301.5, as applicable, are overestimated, the state board shall reduce the
5773     value of the weighted pupil unit for all programs within the basic state-supported school
5774     program so the total state contribution to the basic state-supported school program does not
5775     exceed the amount of state funds appropriated.
5776          (5) If local contributions from the minimum basic tax rate imposed under Section
5777     53F-2-301 or 53F-2-301.5, as applicable, are underestimated, the state board shall:
5778          (a) spend the excess local contributions for the purposes specified in Subsection (3),
5779     giving priority to supporting the value of the weighted pupil unit in programs within the basic
5780     state-supported school program in which the number of weighted pupil units is underestimated;
5781     and
5782          (b) reduce the state contribution to the basic state-supported school program so the
5783     total cost of the basic state-supported school program does not exceed the total state and local
5784     funds appropriated to the basic state-supported school program plus the local contributions
5785     necessary to support the value of the weighted pupil unit in programs within the basic
5786     state-supported school program in which the number of weighted pupil units is underestimated.
5787          (6) Except as provided in Subsection (3) or (5), the state board shall reduce the state
5788     guarantee per weighted pupil unit provided under the local levy state guarantee program
5789     described in Section 53F-2-601, if:
5790          (a) local contributions to the voted local levy program or board local levy program are
5791     overestimated; or
5792          (b) the number of weighted pupil units within school districts qualifying for a
5793     guarantee is underestimated.

5794          (7) Money appropriated to the state board is nonlapsing.
5795          (8) The state board shall report actions taken by the state board under this section to the
5796     Office of the Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
5797          Section 178. Section 53F-2-206 is amended to read:
5798          53F-2-206. Flexibility in the use of certain related to basic program funds.
5799          (1) As used in this section, "qualifying program" means:
5800          (a) the Enhancement for At-Risk Students Program created in Section 53F-2-410;
5801          (b) the Enhancement for Accelerated Students Program created in Section 53F-2-408;
5802     and
5803          (c) the concurrent enrollment program established in Section 53E-10-302.
5804          (2) If a school district or charter school receives an allocation of state funds for a
5805     qualifying program that is less than $10,000, the [local education] LEA governing board of the
5806     receiving school district or charter school may:
5807          (a) (i) combine the funds with one or more qualifying program fund allocations each of
5808     which is less than $10,000; and
5809          (ii) use the combined funds in accordance with the program requirements for any of the
5810     qualifying programs that are combined; or
5811          (b) (i) transfer the funds to a qualifying program for which the school district or charter
5812     school received an allocation of funds that is greater than or equal to $10,000; and
5813          (ii) use the combined funds in accordance with the program requirements for the
5814     qualifying program to which the funds are transferred.
5815          Section 179. Section 53F-2-207 is amended to read:
5816          53F-2-207. Loss in student enrollment -- Board action.
5817          To avoid penalizing a school district financially for an excessive loss in student
5818     enrollment due to factors beyond its control, the [State Board of Education] state board may
5819     allow a percentage increase in units otherwise allowable during any year when a school
5820     district's average daily membership drops more than 4% below the average for the highest two
5821     of the preceding three years in the school district.
5822          Section 180. Section 53F-2-302 is amended to read:
5823          53F-2-302. Determination of weighted pupil units.
5824          The number of weighted pupil units in the [minimum school program] Minimum

5825     School Program for each year is the total of the units for each school district and, subject to
5826     Subsection (4), charter school, determined as follows:
5827          (1) The number of units is computed by adding the average daily membership of all
5828     pupils of the school district or charter school attending schools, other than kindergarten and
5829     self-contained classes for children with a disability.
5830          (2) The number of units is computed by adding the average daily membership of all
5831     pupils of the school district or charter school enrolled in kindergarten and multiplying the total
5832     by .55.
5833          (a) In those school districts or charter schools that do not hold kindergarten for a full
5834     nine-month term, the local school board or charter school governing board may approve a
5835     shorter term of nine weeks' duration.
5836          (b) Upon [local education] LEA governing board approval, the number of pupils in
5837     average daily membership at the short-term kindergarten shall be counted for the purpose of
5838     determining the number of units allowed in the same ratio as the number of days the short-term
5839     kindergarten is held, not exceeding nine weeks, compared to the total number of days schools
5840     are held in that school district or charter school in the regular school year.
5841          (3) (a) The [State Board of Education] state board shall use prior year plus growth to
5842     determine average daily membership in distributing money under the [minimum school
5843     program] Minimum School Program where the distribution is based on kindergarten through
5844     grade 12 ADMs or weighted pupil units.
5845          (b) Under prior year plus growth, kindergarten through grade 12 average daily
5846     membership for the current year is based on the actual kindergarten through grade 12 average
5847     daily membership for the previous year plus an estimated percentage growth factor.
5848          (c) The growth factor is the percentage increase in total average daily membership on
5849     the first school day of October in the current year as compared to the total average daily
5850     membership on the first school day of October of the previous year.
5851          (4) In distributing funds to charter schools under this section, charter school pupils
5852     shall be weighted, where applicable, as follows:
5853          (a) .55 for kindergarten pupils;
5854          (b) .9 for pupils in grades 1 through 6;
5855          (c) .99 for pupils in grades 7 through 8; and

5856          (d) 1.2 for pupils in grades 9 through 12.
5857          Section 181. Section 53F-2-303 is amended to read:
5858          53F-2-303. Foreign exchange student weighted pupil units.
5859          (1) A school district or charter school may include foreign exchange students in the
5860     district's or school's membership and attendance count for the purpose of apportionment of
5861     state money, except as provided in Subsections (2) through (4).
5862          (2) (a) Notwithstanding Section 53F-2-302, foreign exchange students may not be
5863     included in average daily membership for the purpose of determining the number of weighted
5864     pupil units in the grades 1-12 basic program.
5865          (b) Subject to the limitation in Subsection (3), the number of weighted pupil units in
5866     the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
5867     number of foreign exchange students who were:
5868          (i) enrolled in a school district or charter school on October 1 of the previous fiscal
5869     year; and
5870          (ii) sponsored by an agency approved by the district's local school board or charter
5871     school's governing board.
5872          (3) (a) The total number of foreign exchange students in the state that may be counted
5873     for the purpose of apportioning state money under Subsection (2) shall be the lesser of:
5874          (i) the number of foreign exchange students enrolled in public schools in the state on
5875     October 1 of the previous fiscal year; or
5876          (ii) 328 foreign exchange students.
5877          (b) The [State Board of Education] state board shall make rules [in accordance with
5878     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] to administer the cap on the
5879     number of foreign exchange students that may be counted for the purpose of apportioning state
5880     money under Subsection (2).
5881          (4) Notwithstanding Section 53F-2-601, weighted pupil units in the grades 1-12 basic
5882     program for foreign exchange students, as determined by Subsections (2) and (3), may not be
5883     included for the purposes of determining a school district's state guarantee money under
5884     Section 53F-2-601.
5885          Section 182. Section 53F-2-304 is amended to read:
5886          53F-2-304. Necessarily existent small schools -- Computing additional weighted

5887     pupil units -- Consolidation of small schools.
5888          (1) As used in this section[: (a) "Board" means the State Board of Education. (b)
5889     "Necessarily], "necessarily existent small schools funding balance" means the difference
5890     between:
5891          [(i)] (a) the amount appropriated for the necessarily existent small schools program in a
5892     fiscal year; and
5893          [(ii)] (b) the amount distributed to school districts for the necessarily existent small
5894     schools program in the same fiscal year.
5895          (2) (a) Upon application by a local school board, the state board shall, in consultation
5896     with the local school board, classify schools in the school district as necessarily existent small
5897     schools, in accordance with this section and state board rules adopted under Subsection (3).
5898          (b) An application must be submitted to the state board before April 2, and the state
5899     board must report a decision to a local school board before June 2.
5900          (3) The state board shall adopt standards and make rules[, in accordance with Title
5901     63G, Chapter 3, Utah Administrative Rulemaking Act,] to:
5902          (a) govern the approval of necessarily existent small schools consistent with principles
5903     of efficiency and economy that serve the purpose of eliminating schools where consolidation is
5904     feasible by participation in special school units; and
5905          (b) ensure that school districts are not building secondary schools in close proximity to
5906     one another where economy and efficiency would be better served by one school meeting the
5907     needs of secondary students in a designated geographical area.
5908          (4) A one or two-year secondary school that has received necessarily existent small
5909     school money under this section prior to July 1, 2000, may continue to receive such money in
5910     subsequent years.
5911          (5) The state board shall prepare and publish objective standards and guidelines for
5912     determining which small schools are necessarily existent after consultation with local school
5913     boards.
5914          (6) (a) Additional weighted pupil units for schools classified as necessarily existent
5915     small schools shall be computed using regression formulas adopted by the state board.
5916          (b) The regression formulas establish the following maximum sizes for funding under
5917     the necessarily existent small school program:

5918          (i) an elementary school                    160
5919          (ii) a one or two-year secondary school          300
5920          (iii) a three-year secondary school               450
5921          (iv) a four-year secondary school               500
5922          (v) a six-year secondary school               600
5923          (c) Schools with fewer than 10 students shall receive the same add-on weighted pupil
5924     units as schools with 10 students.
5925          (d) The state board shall prepare and distribute an allocation table based on the
5926     regression formula to each school district.
5927          (7) (a) To avoid penalizing a school district financially for consolidating the school
5928     district's small schools, additional weighted pupil units may be allowed a school district each
5929     year, not to exceed two years.
5930          (b) The additional weighted pupil units may not exceed the difference between what
5931     the school district receives for a consolidated school and what the school district would have
5932     received for the small schools had the small schools not been consolidated.
5933          (8) Subject to legislative appropriation, the state board shall give first priority from an
5934     appropriation made under this section to funding an expense approved by the state board as
5935     described in Subsection 53G-6-305(3)(a).
5936          (9) (a) Subject to Subsection (9)(b) and after a distribution made under Subsection (8),
5937     the state board may distribute a portion of necessarily existent small schools funding in
5938     accordance with a formula adopted by the state board that considers the tax effort of a local
5939     school board.
5940          (b) The amount distributed in accordance with Subsection (9)(a) may not exceed the
5941     necessarily existent small schools fund in balance of the prior fiscal year.
5942          (10) A local school board may use the money allocated under this section for
5943     maintenance and operation of school programs or for other school purposes as approved by the
5944     state board.
5945          Section 183. Section 53F-2-305 is amended to read:
5946          53F-2-305. Professional staff weighted pupil units.
5947          (1) Professional staff weighted pupil units are computed and distributed in accordance
5948     with the following schedule:

5949          (a) Professional Staff Cost Formula
5950     
Years of
Experience

Bachelor's
Degree

Bachelor's
+30 Qt. Hr.

Master's
Degree
Master's
Degree
+45 Qt. Hr.


Doctorate
5951      11.001.051.101.151.20
5952      21.051.101.151.201.25
5953      31.101.151.201.251.30
5954      41.151.201.251.301.35
5955      51.201.251.301.351.40
5956      61.251.301.351.401.45
5957      71.301.351.401.451.50
5958      81.351.401.451.501.55
5959      91.501.551.60
5960      101.601.65
5961      111.70
5962          (b) Multiply the number of full-time or equivalent professional personnel in each
5963     applicable experience category in Subsection (1)(a) by the applicable weighting factor.
5964          (c) Divide the total of Subsection (1)(b) by the number of professional personnel
5965     included in Subsection (1)(b) and reduce the quotient by 1.00.
5966          (d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
5967     in accordance with Sections 53F-2-302 and 53F-2-304.
5968          (2) The [State Board of Education] state board shall enact rules [in accordance with
5969     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] that require a certain percentage
5970     of a school district's or charter school's professional staff to be certified in the area in which the
5971     staff teaches in order for the school district or charter school to receive full funding under the
5972     schedule.
5973          (3) If an individual's teaching experience is a factor in negotiating a contract of
5974     employment to teach in the state's public schools, then the [local education] LEA governing
5975     board is encouraged to accept as credited experience all of the years the individual has taught in
5976     the state's public schools.

5977          Section 184. Section 53F-2-306 is amended to read:
5978          53F-2-306. Weighted pupil units for small school district administrative costs --
5979     Appropriation for charter school administrative costs.
5980          (1) Administrative costs weighted pupil units are computed for a small school district
5981     and distributed to the small school district in accordance with the following schedule:
5982     
Administrative Costs Schedule
5983      School District Enrollment as of October 1Weighted Pupil Units
5984      1 - 500 students95
5985      501 - 1,000 students80
5986      1,001 - 2,000 students70
5987      2,001 - 5,000 students60
5988          (2) (a) Except as provided in Subsection (2)(b), money appropriated to the [State Board
5989     of Education] state board for charter school administrative costs shall be distributed to charter
5990     schools in the amount of $100 for each charter school student in enrollment.
5991          (b) (i) If money appropriated for charter school administrative costs is insufficient to
5992     provide the amount per student prescribed in Subsection (2)(a), the appropriation shall be
5993     allocated among charter schools in proportion to each charter school's enrollment as a
5994     percentage of the total enrollment in charter schools.
5995          (ii) If the [State Board of Education] state board makes adjustments to Minimum
5996     School Program allocations under Section 53F-2-205, the allocation provided in Subsection
5997     (2)(b)(i) shall be determined after adjustments are made under Section 53F-2-205.
5998          (c) Charter school governing boards are encouraged to identify and use cost-effective
5999     methods of performing administrative functions, including contracting for administrative
6000     services with the State Charter School Board as provided in Section 53G-5-202.
6001          (3) Charter schools are not eligible for funds for administrative costs under Subsection
6002     (1).
6003          Section 185. Section 53F-2-307 is amended to read:
6004          53F-2-307. Weighted pupil units for programs for students with disabilities --
6005     Local school board allocation.
6006          (1) The number of weighted pupil units for students with disabilities shall reflect the

6007     direct cost of programs for those students conducted in accordance with rules established by the
6008     [State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
6009     Rulemaking Act] state board.
6010          (2) Disability program money allocated to school districts or charter schools is
6011     restricted and shall be spent for the education of students with disabilities but may include
6012     expenditures for approved programs of services conducted for certified instructional personnel
6013     who have students with disabilities in their classes.
6014          (3) The [State Board of Education] state board shall establish and strictly interpret
6015     definitions and provide standards for determining which students have disabilities and shall
6016     assist school districts and charter schools in determining the services that should be provided to
6017     students with disabilities.
6018          (4) Each year the [State Board of Education] state board shall evaluate the standards
6019     and guidelines that establish the identifying criteria for disability classifications to assure strict
6020     compliance with those standards by the school districts and charter schools.
6021          (5) (a) Money appropriated to the [State Board of Education] state board for add-on
6022     WPUs for students with disabilities enrolled in regular programs shall be allocated to school
6023     districts and charter schools as provided in this Subsection (5).
6024          (b) The [State Board of Education] state board shall use a school district's or charter
6025     school's average number of special education add-on weighted pupil units determined by the
6026     previous five year's average daily membership data as a foundation for the special education
6027     add-on appropriation.
6028          (c) A school district's or charter school's special education add-on WPUs for the
6029     current year may not be less than the foundation special education add-on WPUs.
6030          (d) Growth WPUs shall be added to the prior year special education add-on WPUs, and
6031     growth WPUs shall be determined as follows:
6032          (i) The special education student growth factor is calculated by comparing S-3 total
6033     special education ADM of two years previous to the current year to the S-3 total special
6034     education ADM three years previous to the current year, not to exceed the official October total
6035     school district growth factor from the prior year.
6036          (ii) When calculating and applying the growth factor, a school district's S-3 total
6037     special education ADM for a given year is limited to 12.18% of the school district's S-3 total

6038     student ADM for the same year.
6039          (iii) Growth ADMs are calculated by applying the growth factor to the S-3 total special
6040     education ADM of two years previous to the current year.
6041          (iv) Growth ADMs for each school district or each charter school are multiplied by
6042     1.53 weighted pupil units and added to the prior year special education add-on WPU to
6043     determine each school district's or each charter school's total allocation.
6044          (6) If money appropriated under this chapter for programs for students with disabilities
6045     does not meet the costs of school districts and charter schools for those programs, each school
6046     district and each charter school shall first receive the amount generated for each student with a
6047     disability under the basic program.
6048          Section 186. Section 53F-2-308 is amended to read:
6049          53F-2-308. Preschool special education appropriation -- Extended year program
6050     appropriation -- Appropriation for special education programs in state institutions --
6051     Appropriations for stipends for special educators.
6052          (1) (a) Money appropriated to the [State Board of Education] state board for the
6053     preschool special education program shall be allocated to school districts to provide a free,
6054     appropriate public education to preschool students with a disability, ages three through five.
6055          (b) The money shall be distributed on the basis of the school district's count of
6056     preschool children with a disability for December 1 of the previous year, as mandated by
6057     federal law.
6058          (2) Money appropriated for the extended school year program for children with a
6059     severe disability shall be limited to students with severe disabilities with education program
6060     goals identifying significant regression and recoupment disability as approved by the [State
6061     Board of Education] state board.
6062          (3) (a) Money appropriated for self-contained regular special education programs may
6063     not be used to supplement other school programs.
6064          (b) Money in any of the other restricted line item appropriations may not be reduced
6065     more than 2% to be used for purposes other than those specified by the appropriation, unless
6066     otherwise provided by law.
6067          (4) (a) The [State Board of Education] state board shall compute preschool funding by
6068     a factor of 1.47 times the current December 1 child count of eligible preschool aged three, four,

6069     and five-year-olds times the WPU value, limited to 8% growth over the prior year December 1
6070     count.
6071          (b) The [State Board of Education] state board shall develop guidelines to implement
6072     the funding formula for preschool special education, and establish prevalence limits for
6073     distribution of the money.
6074          (5) Of the money appropriated for Special Education - State Programming, the [State
6075     Board of Education] state board shall distribute the revenue generated from 909 WPUs to
6076     school districts, charter schools, and the Utah Schools for the Deaf and the Blind for stipends to
6077     special educators for additional days of work pursuant to the requirements of Section
6078     53F-2-310.
6079          Section 187. Section 53F-2-309 is amended to read:
6080          53F-2-309. Appropriation for intensive special education costs.
6081          [(1) As used in this section:]
6082          [(a) "Board" means the State Board of Education.]
6083          [(b) "Local education agency" or "LEA" means:]
6084          [(i) a school district;]
6085          [(ii) a charter school; or]
6086          [(iii) the Utah Schools for the Deaf and the Blind.]
6087          [(2)] (1) (a) On or before February 1, 2017, the state board shall[, in accordance with
6088     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] make rules establishing a
6089     distribution formula to allocate money appropriated to the state board for Special Education --
6090     Intensive Services that allocate to an LEA:
6091          (i) 50% of the appropriation based on the highest cost students with disabilities; and
6092          (ii) 50% of the appropriation based on the highest impact to an LEA due to high cost
6093     students with disabilities.
6094          (b) Beginning with the 2017-18 school year, the state board shall allocate money
6095     appropriated to the state board for Special Education -- Intensive Services in accordance with
6096     rules described in Subsection [(2)] (1)(a).
6097          [(3)] (2) Before initiating the rulemaking process under Subsection [(2)] (1)(a), the
6098     state board shall present the proposed rule to the Public Education Appropriations
6099     Subcommittee or Education Interim Committee.

6100          Section 188. Section 53F-2-310 is amended to read:
6101          53F-2-310. Stipends for special educators for additional days of work.
6102          (1) As used in this section:
6103          [(a) "IEP" means an individualized education program developed pursuant to the
6104     Individuals with Disabilities Education Improvement Act of 2004, as amended.]
6105          [(b)] (a) "Special education teacher" means a teacher whose primary assignment is the
6106     instruction of students with disabilities who are eligible for special education services.
6107          [(c)] (b) "Special educator" means a person employed by a school district, charter
6108     school, or the Utah Schools for the Deaf and the Blind who holds:
6109          (i) a license issued by the [State Board of Education] state board; and
6110          (ii) a position as a:
6111          (A) special education teacher;
6112          (B) speech-language pathologist; or
6113          (C) teacher of the deaf or hard of hearing;
6114          (2) The Legislature shall annually appropriate money for stipends to special educators
6115     for additional days of work:
6116          (a) in recognition of the added duties and responsibilities assumed by special educators
6117     to comply with federal law regulating the education of students with disabilities and the need to
6118     attract and retain qualified special educators; and
6119          (b) subject to future budget constraints.
6120          (3) (a) The [State Board of Education] state board shall distribute money appropriated
6121     under this section to school districts, charter schools, and the Utah Schools for the Deaf and the
6122     Blind for stipends for special educators in the amount of $200 per day for up to 10 additional
6123     working days.
6124          (b) Money distributed under this section shall include, in addition to the $200 per day
6125     stipend, money for the following employer-paid benefits:
6126          (i) retirement;
6127          (ii) workers' compensation;
6128          (iii) Social Security; and
6129          (iv) Medicare.
6130          (4) A special educator receiving a stipend shall:

6131          (a) work an additional day beyond the number of days contracted with the special
6132     educator's school district or school for each daily stipend;
6133          (b) schedule the additional days of work before or after the school year; and
6134          (c) use the additional days of work to perform duties related to the IEP process,
6135     including:
6136          (i) administering student assessments;
6137          (ii) conducting IEP meetings;
6138          (iii) writing IEPs;
6139          (iv) conferring with parents; and
6140          (v) maintaining records and preparing reports.
6141          (5) A special educator may:
6142          (a) elect to receive a stipend for one to 10 days of additional work; or
6143          (b) elect to not receive a stipend.
6144          (6) A person who does not hold a full-time position as a special educator is eligible for
6145     a partial stipend equal to the percentage of a full-time special educator position the person
6146     assumes.
6147          Section 189. Section 53F-2-311 is amended to read:
6148          53F-2-311. Weighted pupil units for career and technical education programs --
6149     Funding of approved programs -- Performance measures -- Qualifying criteria.
6150          (1) (a) Money appropriated to the [State Board of Education] state board for approved
6151     career and technical education programs and the comprehensive guidance program:
6152          (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4);
6153     and
6154          (ii) may not be used to fund programs below grade 9.
6155          (b) Subsection (1)(a)(ii) does not apply to the following programs:
6156          (i) comprehensive guidance;
6157          (ii) Technology-Life-Careers; and
6158          (iii) work-based learning programs.
6159          (2) (a) Weighted pupil units are computed for pupils in approved programs.
6160          (b) (i) The [State Board of Education] state board shall fund approved programs based
6161     upon hours of membership of grades 9 through 12 students.

6162          (ii) Subsection (2)(b)(i) does not apply to the following programs:
6163          (A) comprehensive guidance;
6164          (B) Technology-Life-Careers; and
6165          (C) work-based learning programs.
6166          (c) The [State Board of Education] state board shall use an amount not to exceed 20%
6167     of the total appropriation under this section to fund approved programs based on performance
6168     measures such as placement and competency attainment defined in standards set by the [State
6169     Board of Education] state board.
6170          (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
6171     total appropriation under this section, and shall be distributed to each school district or each
6172     charter school sponsoring career and technical education student leadership organizations
6173     based on the agency's share of the state's total membership in those organizations.
6174          (e) The [State Board of Education] state board shall make the necessary calculations
6175     for distribution of the appropriation to a school district and charter school and may revise and
6176     recommend changes necessary for achieving equity and ease of administration.
6177          (3) (a) Twenty weighted pupil units shall be computed for career and technical
6178     education administrative costs for each school district, except 25 weighted pupil units may be
6179     computed for each school district that consolidates career and technical education
6180     administrative services with one or more other school districts.
6181          (b) Between 10 and 25 weighted pupil units shall be computed for each high school
6182     conducting approved career and technical education programs in a school district according to
6183     standards established by the [State Board of Education] state board.
6184          (c) Forty weighted pupil units shall be computed for each school district that operates
6185     an approved career and technical education center.
6186          (d) Between five and seven weighted pupil units shall be computed for each summer
6187     career and technical education agriculture program according to standards established by the
6188     [State Board of Education] state board.
6189          (e) The [State Board of Education] state board shall, by rule, establish qualifying
6190     criteria for a school district or charter school to receive weighted pupil units under this
6191     Subsection (3).
6192          (4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall

6193     be allocated using average daily membership in approved programs for the previous year.
6194          (b) A school district or charter school that has experienced student growth in grades 9
6195     through 12 for the previous year shall have the growth factor applied to the previous year's
6196     weighted pupil units when calculating the allocation of money under this Subsection (4).
6197          (5) (a) The [State Board of Education] state board shall establish rules for upgrading
6198     high school career and technical education programs.
6199          (b) The rules shall reflect career and technical training and actual marketable job skills
6200     in society.
6201          (c) The rules shall include procedures to assist school districts and charter schools to
6202     convert existing programs that are not preparing students for the job market into programs that
6203     will accomplish that purpose.
6204          (6) Programs that do not meet [State Board of Education] state board standards may
6205     not be funded under this section.
6206          Section 190. Section 53F-2-312 is amended to read:
6207          53F-2-312. Appropriation for class size reduction.
6208          (1) Money appropriated to the [State Board of Education] state board for class size
6209     reduction shall be used to reduce the average class size in kindergarten through grade 8 in the
6210     state's public schools.
6211          (2) A school district or charter school shall receive an allocation for class size reduction
6212     based on the school district or charter school's prior year average daily membership plus
6213     growth in kindergarten through grade 8 as determined under Subsection 53F-2-302(3)
6214     compared to the total prior year average daily membership plus growth in kindergarten through
6215     grade 8 statewide.
6216          (3) (a) [A local education] An LEA governing board may use an allocation to reduce
6217     class size in any one or all of the grades referred to under this section, except as otherwise
6218     provided in Subsection (3)(b).
6219          (b) (i) [A local education] An LEA governing board shall use 50% of an allocation to
6220     reduce class size in any one or all of grades kindergarten through grade 2, with an emphasis on
6221     improving student reading skills.
6222          (ii) If a school district's or charter school's average class size is below 18 students in
6223     kindergarten through grade 2, [a local education] an LEA governing board may petition the

6224     [State Board of Education] state board for, and the [State Board of Education] state board may
6225     grant, a waiver of the requirement described in Subsection (3)(b)(i).
6226          (4) A school may use nontraditional innovative and creative methods to reduce class
6227     sizes with this appropriation and may use part of an allocation to focus on class size reduction
6228     for specific groups, such as at risk students, or for specific blocks of time during the school
6229     day.
6230          (5) (a) [A local education] An LEA governing board may use up to 20% of an
6231     allocation under this section for capital facilities projects if such projects would help to reduce
6232     class size.
6233          (b) If a school district's or charter school's student population increases by at least 5%
6234     or at least 700 students from the previous school year, the [local education] LEA governing
6235     board may use up to 50% of an allocation received by the school district or charter school
6236     under this section for classroom construction.
6237          (6) This appropriation is to supplement any other appropriation made for class size
6238     reduction.
6239          (7) The Legislature shall provide for an annual adjustment in the appropriation
6240     authorized under this section in proportion to the increase in the number of students in the state
6241     in kindergarten through grade 8.
6242          Section 191. Section 53F-2-313 is amended to read:
6243          53F-2-313. Weighted pupil units for career and technical education set-aside
6244     programs.
6245          (1) Each school district and charter school shall receive a guaranteed minimum
6246     allocation from the money appropriated to the [State Board of Education] state board for a
6247     career and technical education set-aside program.
6248          (2) The set-aside funds remaining after the initial minimum payment allocation are
6249     distributed by a request for proposals process to help pay for equipment costs necessary to
6250     initiate new programs and for high priority programs as determined by labor market
6251     information.
6252          Section 192. Section 53F-2-401 is amended to read:
6253          53F-2-401. Appropriation for adult education programs.
6254          (1) Money appropriated to the [State Board of Education] state board for adult

6255     education shall be allocated to school districts for adult high school completion and adult basic
6256     skills programs.
6257          (2) (a) The [State Board of Education] state board and the Department of Corrections,
6258     subject to legislative appropriation, are responsible for providing the programs described in
6259     Subsection (1) to individuals in the custody of the Department of Corrections.
6260          (b) To fulfill the responsibility described in Subsection (2)(a), the [State Board of
6261     Education] state board and the Department of Corrections shall, where feasible, contract with
6262     appropriate private or public agencies to provide educational and related administrative
6263     services.
6264          (c) The [State Board of Education] state board shall allocate at least 15% of the money
6265     appropriated to the [State Board of Education] state board for adult education to support the
6266     programs for which the [State Board of Education] state board and the Department of
6267     Corrections are responsible under this Subsection (2).
6268          (3) (a) For money that is not allocated under Subsection (2)(c), each school district
6269     shall receive a pro rata share of the appropriation for adult high school completion programs
6270     based on the number of people in the school district listed in the latest official census who are
6271     over 18 years of age and who do not have a high school diploma and prior year participation or
6272     as approved by [State Board of Education] state board rule.
6273          (b) On February 1 of each school year, the [State Board of Education] state board shall
6274     recapture money not used for an adult high school completion program described in Subsection
6275     (3)(a) for reallocation to school districts that have implemented programs based on need and
6276     effort as determined by the [State Board of Education] state board.
6277          (4) To the extent of money available, school districts shall provide program services to
6278     adults who do not have a diploma and who intend to graduate from high school, with particular
6279     emphasis on homeless individuals who are seeking literacy and life skills.
6280          (5) Overruns in adult education in any school district may not reduce the value of the
6281     weighted pupil unit for this program in another school district.
6282          (6) School districts shall spend money on adult basic skills programs according to
6283     standards established by the [State Board of Education] state board.
6284          Section 193. Section 53F-2-402 is amended to read:
6285          53F-2-402. State support of pupil transportation.

6286          (1) Money appropriated to the [State Board of Education] state board for
6287     state-supported transportation of public school students shall be apportioned and distributed in
6288     accordance with Section 53F-2-403, except as otherwise provided in this section.
6289          (2) (a) The Utah Schools for the Deaf and the Blind shall use an allocation of pupil
6290     transportation money to pay for transportation of students based on current valid contractual
6291     arrangements and best transportation options and methods as determined by the schools.
6292          (b) All student transportation costs of the schools shall be paid from the allocation of
6293     pupil transportation money specified in statute.
6294          (3) (a) A local school board may only claim eligible transportation costs as legally
6295     reported on the prior year's annual financial report submitted under Section 53G-4-404.
6296          (b) The state shall contribute 85% of approved transportation costs, subject to budget
6297     constraints.
6298          (c) If in a fiscal year the total transportation allowance for all school districts exceeds
6299     the amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
6300     more than the amount appropriated.
6301          Section 194. Section 53F-2-403 is amended to read:
6302          53F-2-403. Eligibility for state-supported transportation -- Approved bus routes.
6303          (1) A student eligible for state-supported transportation means:
6304          (a) a student enrolled in kindergarten through grade [six] 6 who lives at least 1-1/2
6305     miles from school;
6306          (b) a student enrolled in grades [seven] 7 through 12 who lives at least two miles from
6307     school; and
6308          (c) a student enrolled in a special program offered by a school district and approved by
6309     the [State Board of Education] state board for trainable, motor, multiple-disability, or other
6310     students with severe disabilities who are incapable of walking to school or where it is unsafe
6311     for students to walk because of their disabling condition, without reference to distance from
6312     school.
6313          (2) If a school district implements double sessions as an alternative to new building
6314     construction, with the approval of the [State Board of Education] state board, those affected
6315     elementary school students residing less than 1-1/2 miles from school may be transported one
6316     way to or from school because of safety factors relating to darkness or other hazardous

6317     conditions as determined by the local school board.
6318          (3) (a) The [State Board of Education] state board shall distribute transportation money
6319     to school districts based on:
6320          (i) an allowance per mile for approved bus routes;
6321          (ii) an allowance per hour for approved bus routes; and
6322          (iii) a minimum allocation for each school district eligible for transportation funding.
6323          (b) The [State Board of Education] state board shall distribute appropriated
6324     transportation funds based on the prior year's eligible transportation costs as legally reported
6325     under Subsection 53F-2-402(3).
6326          (c) The [State Board of Education] state board shall annually review the allowance per
6327     mile and the allowance per hour and adjust the allowances to reflect current economic
6328     conditions.
6329          (4) (a) Approved bus routes for funding purposes shall be determined on fall data
6330     collected by October 1.
6331          (b) Approved route funding shall be determined on the basis of the most efficient and
6332     economic routes.
6333          (5) A Transportation Advisory Committee with representation from school district
6334     superintendents, business officials, school district transportation supervisors, and [State Board
6335     of Education] state board employees shall serve as a review committee for addressing school
6336     transportation needs, including recommended approved bus routes.
6337          (6) A local school board may provide for the transportation of students regardless of the
6338     distance from school, from general funds of the school district.
6339          (7) (a) (i) If a local school board expends an amount of revenue equal to at least .0002
6340     per dollar of taxable value of the school district's board local levy imposed under Section
6341     53F-8-302 to pay for transporting students and for the replacement of school buses, the state
6342     may contribute an amount not to exceed 85% of the state average cost per mile, contingent
6343     upon the Legislature appropriating funds for a state contribution.
6344          (ii) The [State Board of Education's] state board's employees shall distribute the state
6345     contribution according to rules enacted by the [State Board of Education] state board.
6346          (b) (i) The amount of state guarantee money that a school district would otherwise be
6347     entitled to receive under Subsection (7)(a) may not be reduced for the sole reason that the

6348     school district's levy is reduced as a consequence of changes in the certified tax rate under
6349     Section 59-2-924 due to changes in property valuation.
6350          (ii) Subsection (7)(b)(i) applies for a period of two years following the change in the
6351     certified tax rate.
6352          Section 195. Section 53F-2-404 is amended to read:
6353          53F-2-404. School LAND Trust Program distribution of funds.
6354          (1) (a) The School LAND Trust Program, established in Section 53G-7-1206, shall be
6355     funded each fiscal year:
6356          (i) from the Trust Distribution Account created in Section 53F-9-201; and
6357          (ii) in the amount of the sum of the following:
6358          (A) on or about July 15 each year, out of the distributions from the investment of
6359     money in the permanent State School Fund deposited to the Trust Distribution Account; and
6360          (B) interest accrued on the Trust Distribution Account in the immediately preceding
6361     fiscal year.
6362          (b) The program shall be funded as provided in Subsection (1)(a) up to an amount
6363     equal to 3% of the funds provided for the Minimum School Program, pursuant to this chapter ,
6364     each fiscal year.
6365          (c) The Legislature shall annually allocate, through an appropriation to the [State Board
6366     of Education] state board, a portion of the Trust Distribution Account created in Section
6367     53F-9-201 to be used for the administration of the School LAND Trust Program .
6368          (d) Any unused balance remaining from an amount appropriated under Subsection
6369     (1)(c) shall be deposited in the Trust Distribution Account for distribution to schools in the
6370     School LAND Trust Program.
6371          (2) (a) The [State Board of Education] state board shall allocate the money referred to
6372     in Subsection (1) annually as follows:
6373          (i) the Utah Schools for the Deaf and the Blind shall receive funding equal to the
6374     product of:
6375          (A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
6376     Blind divided by enrollment on October 1 in the prior year in public schools statewide; and
6377          (B) the total amount available for distribution under Subsection (1);
6378          (ii) charter schools shall receive funding equal to the product of:

6379          (A) charter school enrollment on October 1 in the prior year, divided by enrollment on
6380     October 1 in the prior year in public schools statewide; and
6381          (B) the total amount available for distribution under Subsection (1); and
6382          (iii) of the funds available for distribution under Subsection (1) after the allocation of
6383     funds for the Utah Schools for the Deaf and the Blind and charter schools:
6384          (A) school districts shall receive 10% of the funds on an equal basis; and
6385          (B) the remaining 90% of the funds shall be distributed to school districts on a per
6386     student basis.
6387          [(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6388     the State Board of Education]
6389          (b) (i) The state board shall make rules specifying a formula to distribute the amount
6390     allocated under Subsection (2)(a)(ii) to charter schools.
6391          (ii) In making rules under Subsection (2)(b)(i), the [State Board of Education] state
6392     board shall:
6393          (A) consult with the State Charter School Board; and
6394          (B) ensure that the rules include a provision that allows a charter school in the charter
6395     school's first year of operations to receive funding based on projected enrollment, to be
6396     adjusted in future years based on actual enrollment.
6397          (c) A school district shall distribute its allocation under Subsection (2)(a)(iii) to each
6398     school within the school district on an equal per student basis.
6399          [(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6400     the State Board of Education]
6401          (d) The state board may make rules regarding the time and manner in which the student
6402     count shall be made for allocation of the money under Subsection (2)(a)(iii).
6403          (3) If the amount of money prescribed for funding the School LAND Trust Program
6404     under this section is less than or greater than the money appropriated for the School LAND
6405     Trust Program, the appropriation shall be equal to the amount of money prescribed for funding
6406     the School LAND Trust Program in this section, up to a maximum of an amount equal to 3%
6407     of the funds provided for the Minimum School Program.
6408          (4) The [State Board of Education] state board shall distribute the money appropriated
6409     in Subsection (3) in accordance with this section and rules established by the state board [in

6410     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act].
6411          Section 196. Section 53F-2-405 is amended to read:
6412          53F-2-405. Educator salary adjustments.
6413          (1) As used in this section, "educator" means a person employed by a school district,
6414     charter school, or the Utah Schools for the Deaf and the Blind who holds:
6415          (a) a license issued by the [State Board of Education] state board; and
6416          (b) a position as a:
6417          (i) classroom teacher;
6418          (ii) speech pathologist;
6419          (iii) librarian or media specialist;
6420          (iv) preschool teacher;
6421          (v) mentor teacher;
6422          (vi) teacher specialist or teacher leader;
6423          (vii) guidance counselor;
6424          (viii) audiologist;
6425          (ix) psychologist; or
6426          (x) social worker.
6427          (2) In recognition of the need to attract and retain highly skilled and dedicated
6428     educators, the Legislature shall annually appropriate money for educator salary adjustments,
6429     subject to future budget constraints.
6430          (3) Money appropriated to the [State Board of Education] state board for educator
6431     salary adjustments shall be distributed to school districts, charter schools, and the Utah Schools
6432     for the Deaf and the Blind in proportion to the number of full-time-equivalent educator
6433     positions in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
6434     compared to the total number of full-time-equivalent educator positions in school districts,
6435     charter schools, and the Utah Schools for the Deaf and the Blind.
6436          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
6437     shall award bonuses to educators as follows:
6438          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
6439     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
6440     Blind;

6441          (b) an individual who is not a full-time educator shall receive a partial salary adjustment
6442     based on the number of hours the individual works as an educator; and
6443          (c) a salary adjustment may be awarded only to an educator who has received a
6444     satisfactory rating or above on the educator's most recent evaluation.
6445          (5) The [State Board of Education] state board may make rules as necessary to
6446     administer this section[, in accordance with Title 63G, Chapter 3, Utah Administrative
6447     Rulemaking Act].
6448          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
6449     money each year to:
6450          (i) maintain educator salary adjustments provided in prior years; and
6451          (ii) provide educator salary adjustments to new employees.
6452          (b) Money appropriated for educator salary adjustments shall include money for the
6453     following employer-paid benefits:
6454          (i) retirement;
6455          (ii) worker's compensation;
6456          (iii) social security; and
6457          (iv) Medicare.
6458          (7) (a) Subject to future budget constraints, the Legislature shall:
6459          (i) maintain the salary adjustments provided to school administrators in the 2007-08
6460     school year; and
6461          (ii) provide salary adjustments for new school administrators in the same amount as
6462     provided for existing school administrators.
6463          (b) The appropriation provided for educator salary adjustments shall include salary
6464     adjustments for school administrators as specified in Subsection (7)(a).
6465          (c) In distributing and awarding salary adjustments for school administrators, the [State
6466     Board of Education] state board, a school district, a charter school, or the Utah Schools for the
6467     Deaf and the Blind shall comply with the requirements for the distribution and award of
6468     educator salary adjustments as provided in Subsections (3) and (4).
6469          Section 197. Section 53F-2-407 is amended to read:
6470          53F-2-407. Appropriation for library books and electronic resources.
6471          (1) The [State Board of Education] state board shall distribute money appropriated for

6472     library books and electronic resources as follows:
6473          (a) 25% shall be divided equally among all public schools; and
6474          (b) 75% shall be divided among public schools based on each school's average daily
6475     membership as compared to the total average daily membership.
6476          (2) A school district or charter school may not use money distributed under Subsection
6477     (1) to supplant other money used to purchase library books or electronic resources.
6478          Section 198. Section 53F-2-408 is amended to read:
6479          53F-2-408. Enhancement for Accelerated Students Program.
6480          (1) As used in this section, "eligible low-income student" means a student who:
6481          (a) takes an Advanced Placement test;
6482          (b) has applied for an Advanced Placement test fee reduction; and
6483          (c) qualifies for a free lunch or a lunch provided at reduced cost.
6484          (2) The [State Board of Education] state board shall distribute money appropriated for
6485     the Enhancement for Accelerated Students Program to school districts and charter schools
6486     according to a formula adopted by the [State Board of Education] state board, after consultation
6487     with [local education] LEA governing boards.
6488          (3) A distribution formula adopted under Subsection (2) may include an allocation of
6489     money for:
6490          (a) Advanced Placement courses;
6491          (b) Advanced Placement test fees of eligible low-income students;
6492          (c) gifted and talented programs, including professional development for teachers of
6493     high ability students; and
6494          (d) International Baccalaureate programs.
6495          (4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
6496     Accelerated Students Program may be allowed for International Baccalaureate programs.
6497          (5) A school district or charter school shall use money distributed under this section to
6498     enhance the academic growth of students whose academic achievement is accelerated.
6499          (6) The [State Board of Education] state board shall develop performance criteria to
6500     measure the effectiveness of the Enhancement for Accelerated Students Program.
6501          (7) If a school district or charter school receives an allocation of less than $10,000
6502     under this section, the school district or charter school may use the allocation as described in

6503     Section 53F-2-206.
6504          Section 199. Section 53F-2-409 is amended to read:
6505          53F-2-409. Concurrent enrollment funding.
6506          (1) The terms defined in Section [53F-10-301] 53E-10-301 apply to this section.
6507          (2) The [State Board of Education] state board shall allocate money appropriated for
6508     concurrent enrollment in accordance with this section.
6509          (3) (a) The [State Board of Education] state board shall allocate money appropriated
6510     for concurrent enrollment in proportion to the number of credit hours earned for courses taken
6511     where:
6512          (i) an LEA primarily bears the cost of instruction; and
6513          (ii) an institution of higher education primarily bears the cost of instruction.
6514          (b) From the money allocated under Subsection (3)(a)(i), the [State Board of
6515     Education] state board shall distribute:
6516          (i) 60% of the money to LEAs; and
6517          (ii) 40% of the money to the State Board of Regents.
6518          (c) From the money allocated under Subsection (3)(a)(ii), the [State Board of
6519     Education] state board shall distribute:
6520          (i) 40% of the money to LEAs; and
6521          (ii) 60% of the money to the State Board of Regents.
6522          (d) The [State Board of Education] state board shall make rules[, in accordance with
6523     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] providing for the distribution of
6524     the money to LEAs under Subsections (3)(b)(i) and (3)(c)(i).
6525          (e) The State Board of Regents shall make rules[, in accordance with Title 63G,
6526     Chapter 3, Utah Administrative Rulemaking Act,] providing for the distribution of the money
6527     allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
6528          (4) Subject to budget constraints, the Legislature shall annually increase the money
6529     appropriated for concurrent enrollment in proportion to the percentage increase over the
6530     previous school year in:
6531          (a) kindergarten through grade 12 student enrollment; and
6532          (b) the value of the weighted pupil unit.
6533          (5) If an LEA receives an allocation of less than $10,000 under this section, the LEA

6534     may use the allocation as described in Section 53F-2-206.
6535          Section 200. Section 53F-2-410 is amended to read:
6536          53F-2-410. Enhancement for At-Risk Students Program.
6537          (1) (a) Subject to Subsection (1)(b), the [State Board of Education] state board shall
6538     distribute money appropriated for the Enhancement for At-Risk Students Program to school
6539     districts and charter schools according to a formula adopted by the [State Board of Education]
6540     state board, after consultation with [local education] LEA governing boards.
6541          (b) (i) The [State Board of Education] state board shall appropriate $1,500,000 from
6542     the appropriation for Enhancement for At-Risk Students Program for a gang prevention and
6543     intervention program designed to help students at risk for gang involvement stay in school.
6544          (ii) Money for the gang prevention and intervention program shall be distributed to
6545     school districts and charter schools through a request for proposals process.
6546          (2) In establishing a distribution formula under Subsection (1)(a), the [State Board of
6547     Education] state board shall:
6548          (a) use the following criteria:
6549          (i) low performance on statewide assessments described in Section 53E-4-301;
6550          (ii) poverty;
6551          (iii) mobility;
6552          (iv) limited English proficiency;
6553          (v) chronic absenteeism; and
6554          (vi) homelessness;
6555          (b) ensure that the distribution formula distributes money on a per student and per
6556     criterion basis; and
6557          (c) ensure that the distribution formula provides funding for each criterion that a
6558     student meets such that a student who meets:
6559          (i) one criterion is counted once; and
6560          (ii) more than one criterion is counted for each criterion the student meets up to three
6561     criteria.
6562          (3) Subject to future budget constraints, the amount appropriated for the Enhancement
6563     for At-Risk Students Program shall increase annually with growth in the at-risk student
6564     population and changes to the value of the weighted pupil unit as defined in Section

6565     [53F-9-305] 53F-4-301.
6566          (4) [A local education] An LEA governing board shall use money distributed under
6567     this section to improve the academic achievement of students who are at risk of academic
6568     failure including addressing truancy.
6569          (5) The [State Board of Education] state board shall develop performance criteria to
6570     measure the effectiveness of the Enhancement for At-Risk Students Program.
6571          (6) If a school district or charter school receives an allocation of less than $10,000
6572     under this section, the school district or charter school may use the allocation as described in
6573     Section 53F-2-206.
6574          (7) During the fiscal year that begins July 1, 2022, the Public Education Appropriations
6575     Subcommittee shall evaluate:
6576          (a) the impact of funding provided in this section to determine whether the funding has
6577     improved educational outcomes for students who are at-risk for academic failure; and
6578          (b) whether the funding should continue as established, be amended, or be consolidated
6579     in the value of the weighted pupil unit.
6580          Section 201. Section 53F-2-411 is amended to read:
6581          53F-2-411. Appropriation for Title I Schools in Improvement Paraeducators
6582     Program.
6583          (1) As used in this section:
6584          (a) "Eligible school" means a Title I school that has not achieved adequate yearly
6585     progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
6586     the same subject area for two consecutive years.
6587          (b) "Paraeducator" means a school employee who:
6588          (i) delivers instruction under the direct supervision of a teacher; and
6589          (ii) meets the requirements under Subsection (3).
6590          (c) "Program" means the Title I Schools in Improvement Paraeducators Program
6591     created in this section.
6592          (2) The program is created to provide funding for eligible schools to hire paraeducators
6593     to provide additional instructional aid in the classroom to assist students in achieving academic
6594     success and assist the school in exiting Title I school improvement status.
6595          (3) A paraeducator who is funded under this section shall have:

6596          (a) earned a secondary school diploma or a recognized equivalent;
6597          (b) (i) completed at least two years with a minimum of 48 semester hours at an
6598     accredited higher education institution;
6599          (ii) obtained an associates or higher degree from an accredited higher education
6600     institution; or
6601          (iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
6602     and ability to assist in instructing students in, reading, writing, and mathematics; and
6603          (c) received large group-, small group-, and individual-level professional development
6604     that is intensive and focused and covers curriculum, instruction, assessment, classroom and
6605     behavior management, and teaming.
6606          (4) The [State Board of Education] state board shall distribute money appropriated for
6607     the program to eligible schools, in accordance with rules adopted by the state board.
6608          (5) Funds appropriated under the program may not be used to supplant other money
6609     used for paraeducators at eligible schools.
6610          Section 202. Section 53F-2-413 is amended to read:
6611          53F-2-413. Alternative programs.
6612          (1) Since the [State Board of Education] state board has adopted a policy that requires
6613     school districts and charter schools to grant credit for proficiency through alternative programs,
6614     school districts and charter schools are encouraged to continue and expand school district and
6615     charter school cooperation with accredited institutions through performance contracts for
6616     educational services, particularly where it is beneficial to students whose progress could be
6617     better served through alternative programs.
6618          (2) School districts and charter schools are encouraged to participate in programs that
6619     focus on increasing the number of ethnic minority and female students in the secondary schools
6620     who will go on to study mathematics, engineering, or related sciences at an institution of higher
6621     education.
6622          Section 203. Section 53F-2-501 is amended to read:
6623          53F-2-501. Early graduation incentives -- Incentive to school district -- Partial
6624     tuition scholarship for student -- Payments.
6625          (1) A secondary public school student who has completed all required courses or
6626     demonstrated mastery of required skills and competencies may graduate at any time with the

6627     approval of:
6628          (a) the student;
6629          (b) the student's parent [or guardian]; and
6630          (c) a local school official who is authorized by the school's principal or director to
6631     approve early graduation.
6632          (2) The [State Board of Education] state board shall make a payment to a public high
6633     school in an amount equal to 1/2 of the scholarship awarded to each student under this section
6634     who graduates from the school at or before the conclusion of grade 11, or a proportionately
6635     lesser amount for a student who graduates after the conclusion of grade 11 but before the
6636     conclusion of grade 12.
6637          (3) (a) The [State Board of Education] state board shall award to each student who
6638     graduates from high school at or before the conclusion of grade 11 a centennial scholarship in
6639     the amount of the greater of 30% of the previous year's value of the weighted pupil unit or
6640     $1,000, subject to this Subsection (3) through Subsection (6).
6641          (b) A student who is awarded a centennial scholarship may use the scholarship for full
6642     time enrollment at:
6643          (i) a Utah public college, university, or community college;
6644          (ii) a technical college described in Section 53B-2a-105; or
6645          (iii) any other institution in the state of Utah that:
6646          (A) is accredited by an accrediting organization recognized by the State Board of
6647     Regents; and
6648          (B) offers postsecondary courses of the student's choice.
6649          (c) Before making a payment of a centennial scholarship, the [State Board of
6650     Education] state board shall verify that the student has registered at an institution described in
6651     Subsection (3)(b):
6652          (i) during the fiscal year following the student's graduation from high school; or
6653          (ii) at the end of the student's deferral period, in accordance with Subsection (4).
6654          (d) If a student graduates after the conclusion of grade 11 but before the conclusion of
6655     grade 12, the [State Board of Education] state board shall award the student a centennial
6656     scholarship of a proportionately lesser amount than the scholarship amount described in
6657     Subsection (3)(a).

6658          (4) (a) A student who is eligible for a centennial scholarship under Subsection (3) may
6659     make a request to the [State Board of Education] state board that the [State Board of
6660     Education] state board defer consideration of the student for the scholarship for a set period of
6661     time.
6662          (b) A student who makes a request under Subsection (4)(a) shall state in the request the
6663     reason for which the student wishes not to be considered for the scholarship until the end of the
6664     deferral period, which may include:
6665          (i) health reasons;
6666          (ii) religious reasons;
6667          (iii) military service; or
6668          (iv) humanitarian service.
6669          (c) If a student makes a request under Subsection (4)(a), the [State Board of Education]
6670     state board shall:
6671          (i) (A) review the student's request; and
6672          (B) approve or reject the student's request; and
6673          (ii) if the [State Board of Education] state board approves the student's request, in
6674     consultation with the student, set the length of the deferral period, ensuring that the deferral
6675     period is sufficient to meet the student's needs under Subsection (4)(b).
6676          (d) At the end of the deferral period, and upon request of the student, the [State Board
6677     of Education] state board shall:
6678          (i) determine a student to be eligible for the scholarship if the student was eligible at
6679     the time of the student's request for deferral; and
6680          (ii) if found eligible, make a payment to the student in an amount equal to the amount
6681     described in Subsection (4)(e).
6682          (e) The amount of a student's deferred scholarship payment shall be determined by the
6683     [State Board of Education] state board based on the amount of the scholarship the student
6684     would have been entitled to as described in Subsection (3) and based on the fiscal year prior to
6685     the student's request for deferral.
6686          (5) Except as provided in Subsection (4)(b), the [State Board of Education] state board:
6687          (a) shall make the payments authorized in Subsections (2) and (3)(a) during the fiscal
6688     year that follows the student's graduation; and

6689          (b) may make the payments authorized in Subsection (3)(b) during the fiscal year:
6690          (i) in which the student graduates; or
6691          (ii) following the student's graduation.
6692          (6) Subject to future budget constraints, the Legislature shall adjust the appropriation
6693     for the Centennial Scholarship Program based on:
6694          (a) the anticipated increase of students awarded a centennial scholarship; and
6695          (b) the percent increase of the prior year's weighted pupil unit value, as provided in
6696     Subsection (3).
6697          Section 204. Section 53F-2-502 is amended to read:
6698          53F-2-502. Dual language immersion.
6699          (1) As used in this section:
6700          [(a) "Board" means the State Board of Education.]
6701          [(b)] (a) "Dual language immersion" means an instructional setting in which a student
6702     receives a portion of instruction in English and a portion of instruction exclusively in a partner
6703     language.
6704          [(c)] (b) "Local education agency" or "LEA" means a school district or a charter school.
6705          [(d)] (c) "Participating LEA" means an LEA selected by the state board to receive a
6706     grant described in this section.
6707          [(e)] (d) "Partner language" means a language other than English in which instruction
6708     is provided in dual language immersion.
6709          (2) The state board shall:
6710          (a) establish a dual language immersion program;
6711          (b) [in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,]
6712     make rules that establish:
6713          (i) a grant program for an LEA to receive funding for dual language immersion;
6714          (ii) the required qualifications for an LEA to be a participating LEA;
6715          (iii) subject to this section, requirements of a participating LEA;
6716          (iv) a proficiency assessment for each partner language; and
6717          (v) a progression of how a school in a participating LEA adds grade levels in which the
6718     school offers dual language immersion;
6719          (c) subject to legislative appropriations:

6720          (i) select participating LEAs; and
6721          (ii) award to a participating LEA a grant to support dual language immersion in the
6722     LEA; and
6723          (d) report to a legislative committee on the results of a proficiency assessment
6724     described in Subsection (2)(b)(iv) upon request.
6725          (3) A participating LEA shall:
6726          (a) establish in a school a full-day dual language immersion instructional model that
6727     provides at least 50% of instruction exclusively in a partner language;
6728          (b) in accordance with the state board rules described in Subsection (2)(b), add grades
6729     in which dual language immersion is provided in a school; and
6730          (c) annually administer to each student in grades 3 through 8 who participates in dual
6731     language immersion an assessment described in Subsection (2)(b)(iv).
6732          (4) The state board shall:
6733          (a) provide support to a participating LEA, including by:
6734          (i) offering professional learning for dual language immersion educators;
6735          (ii) developing curriculum related to dual language immersion; or
6736          (iii) providing instructional support for a partner language;
6737          (b) conduct a program evaluation of the dual language immersion program established
6738     under Subsection (2)(a); and
6739          (c) on or before November 1, 2019, report to the Education Interim Committee and the
6740     Public Education Appropriations Subcommittee on the results of the program evaluation
6741     described in Subsection (4)(b).
6742          (5) The state board may, in accordance with Title 63G, Chapter 6a, Utah Procurement
6743     Code, contract with a third party to conduct the program evaluation described in Subsection
6744     (4)(b).
6745          Section 205. Section 53F-2-503 is amended to read:
6746          53F-2-503. Early Literacy Program -- Literacy proficiency plan.
6747          (1) As used in this section:
6748          [(a) "Board" means the State Board of Education.]
6749          [(b)] (a) "Program" means the Early Literacy Program.
6750          [(c)] (b) "Program money" means:

6751          (i) school district revenue allocated to the program from other money available to the
6752     school district, except money provided by the state, for the purpose of receiving state funds
6753     under this section; and
6754          (ii) money appropriated by the Legislature to the program.
6755          (2) The Early Literacy Program consists of program money and is created to
6756     supplement other school resources for early literacy.
6757          (3) Subject to future budget constraints, the Legislature may annually appropriate
6758     money to the Early Literacy Program.
6759          (4) (a) [A local education] An LEA governing board of a school district or a charter
6760     school that serves students in any of grades kindergarten through grade 3 shall submit a plan to
6761     the state board for literacy proficiency improvement that incorporates the following
6762     components:
6763          (i) core instruction in:
6764          (A) phonological awareness;
6765          (B) phonics;
6766          (C) fluency;
6767          (D) comprehension;
6768          (E) vocabulary;
6769          (F) oral language; and
6770          (G) writing;
6771          (ii) intervention strategies that are aligned to student needs;
6772          (iii) professional development for classroom teachers, literacy coaches, and
6773     interventionists in kindergarten through grade 3;
6774          (iv) assessments that support adjustments to core and intervention instruction;
6775          (v) a growth goal for the school district or charter school that:
6776          (A) is based upon student learning gains as measured by benchmark assessments
6777     administered pursuant to Section 53E-4-307; and
6778          (B) includes a target of at least 60% of all students in grades 1 through 3 meeting the
6779     growth goal;
6780          (vi) at least two goals that are specific to the school district or charter school that:
6781          (A) are measurable;

6782          (B) address current performance gaps in student literacy based on data; and
6783          (C) include specific strategies for improving outcomes; and
6784          (vii) if a school uses interactive literacy software, the use of interactive literacy
6785     software, including early interactive reading software described in Section 53F-4-203.
6786          (b) [A local education] An LEA governing board shall approve a plan described in
6787     Subsection (4)(a) in a public meeting before submitting the plan to the state board.
6788          (c) The state board shall provide model plans that [a local education] an LEA
6789     governing board may use, or [a local education] an LEA governing board may develop the
6790     [local education] LEA governing board's own plan.
6791          (d) A plan developed by [a local education] an LEA governing board shall be approved
6792     by the state board.
6793          (e) The state board shall develop uniform standards for acceptable growth goals that [a
6794     local education] an LEA governing board adopts for a school district or charter school as
6795     described in this Subsection (4).
6796          (5) (a) There are created within the Early Literacy Program three funding programs:
6797          (i) the Base Level Program;
6798          (ii) the Guarantee Program; and
6799          (iii) the Low Income Students Program.
6800          (b) The state board may use up to $7,500,000 from an appropriation described in
6801     Subsection (3) for computer-assisted instructional learning and assessment programs.
6802          (6) Money appropriated to the state board for the Early Literacy Program and not used
6803     by the state board for computer-assisted instructional learning and assessments described in
6804     Subsection (5)(b) shall be allocated to the three funding programs as follows:
6805          (a) 8% to the Base Level Program;
6806          (b) 46% to the Guarantee Program; and
6807          (c) 46% to the Low Income Students Program.
6808          (7) (a) For a school district or charter school to participate in the Base Level Program,
6809     the [local education] LEA governing board shall submit a plan described in Subsection (4) and
6810     shall receive approval of the plan from the state board.
6811          (b) (i) The local school board of a school district qualifying for Base Level Program
6812     funds and the charter school governing boards of qualifying elementary charter schools

6813     combined shall receive a base amount.
6814          (ii) The base amount for the qualifying elementary charter schools combined shall be
6815     allocated among each charter school in an amount proportionate to:
6816          (A) each existing charter school's prior year fall enrollment in grades kindergarten
6817     through grade 3; and
6818          (B) each new charter school's estimated fall enrollment in grades kindergarten through
6819     grade 3.
6820          (8) (a) A local school board that applies for program money in excess of the Base Level
6821     Program funds may choose to first participate in the Guarantee Program or the Low Income
6822     Students Program.
6823          (b) A school district shall fully participate in either the Guarantee Program or the Low
6824     Income Students Program before the local school board may elect for the school district to
6825     either fully or partially participate in the other program.
6826          (c) For a school district to fully participate in the Guarantee Program, the local school
6827     board shall allocate to the program money available to the school district, except money
6828     provided by the state, equal to the amount of revenue that would be generated by a tax rate of
6829     .000056.
6830          (d) For a school district to fully participate in the Low Income Students Program, the
6831     local school board shall allocate to the program money available to the school district, except
6832     money provided by the state, equal to the amount of revenue that would be generated by a tax
6833     rate of .000065.
6834          (e) (i) The state board shall verify that a local school board allocates the money
6835     required in accordance with Subsections (8)(c) and (d) before the state board distributes funds
6836     in accordance with this section.
6837          (ii) The State Tax Commission shall provide the state board the information the state
6838     board needs in order to comply with Subsection (8)(e)(i).
6839          (9) (a) Except as provided in Subsection (9)(c), the local school board of a school
6840     district that fully participates in the Guarantee Program shall receive state funds in an amount
6841     that is:
6842          (i) equal to the difference between $21 multiplied by the school district's total WPUs
6843     and the revenue the local school board is required to allocate under Subsection (8)(c) for the

6844     school district to fully participate in the Guarantee Program; and
6845          (ii) not less than $0.
6846          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
6847     under the Guarantee Program an amount equal to $21 times the elementary charter school's
6848     total WPUs.
6849          (c) The state board may adjust the $21 guarantee amount described in Subsections
6850     (9)(a) and (b) to account for actual appropriations and money used by the state board for
6851     computer-assisted instructional learning and assessments.
6852          (10) The state board shall distribute Low Income Students Program funds in an amount
6853     proportionate to the number of students in each school district or charter school who qualify for
6854     free or reduced price school lunch multiplied by two.
6855          (11) A school district that partially participates in the Guarantee Program or Low
6856     Income Students Program shall receive program funds based on the amount of school district
6857     revenue allocated to the program as a percentage of the amount of revenue that could have been
6858     allocated if the school district had fully participated in the program.
6859          (12) (a) [A local education] An LEA governing board shall use program money for
6860     early literacy interventions and supports in kindergarten through grade 3 that have proven to
6861     significantly increase the percentage of students who are proficient in literacy, including:
6862          (i) evidence-based intervention curriculum;
6863          (ii) literacy assessments that identify student learning needs and monitor learning
6864     progress; or
6865          (iii) focused literacy interventions that may include:
6866          (A) the use of reading specialists or paraprofessionals;
6867          (B) tutoring;
6868          (C) before or after school programs;
6869          (D) summer school programs; or
6870          (E) the use of interactive computer software programs for literacy instruction and
6871     assessments for students.
6872          (b) [A local education] An LEA governing board may use program money for portable
6873     technology devices used to administer literacy assessments.
6874          (c) Program money may not be used to supplant funds for existing programs, but may

6875     be used to augment existing programs.
6876          (13) (a) [A local education] An LEA governing board shall annually submit a report to
6877     the state board accounting for the expenditure of program money in accordance with the [local
6878     education] LEA governing board's plan described in Subsection (4).
6879          (b) If [a local education] an LEA governing board uses program money in a manner
6880     that is inconsistent with Subsection (12), the school district or charter school is liable for
6881     reimbursing the state board for the amount of program money improperly used, up to the
6882     amount of program money received from the state board.
6883          [(14) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
6884     Act, the]
6885          (14) (a) The state board shall make rules to implement the program.
6886          (b) (i) The rules under Subsection (14)(a) shall require each [local education] LEA
6887     governing board to annually report progress in meeting goals described in Subsections (4)(a)(v)
6888     and (vi), including the strategies the school district or charter school uses to address the goals.
6889          (ii) If a school district or charter school does not meet or exceed the school district's or
6890     charter school's goals described in Subsection (4)(a)(v) or (vi), the [local education] LEA
6891     governing board shall prepare a new plan that corrects deficiencies.
6892          (iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the state
6893     board before the [local education] LEA governing board receives an allocation for the next
6894     year.
6895          (15) (a) The state board shall:
6896          (i) develop strategies to provide support for a school district or charter school that fails
6897     to meet a goal described in Subsection (4)(a)(v) or (vi); and
6898          (ii) provide increasing levels of support to a school district or charter school that fails
6899     to meet a goal described in Subsection (4)(a)(v) or (vi) for two consecutive years.
6900          (b) (i) The state board shall use a digital reporting platform to provide information to
6901     school districts and charter schools about interventions that increase proficiency in literacy.
6902          (ii) The digital reporting platform shall include performance information for a school
6903     district or charter school on the goals described in Subsection (4)(a)(v) and (vi).
6904          (16) The state board may use up to 3% of the funds appropriated by the Legislature to
6905     carry out the provisions of this section for administration of the program.

6906          (17) The state board shall make an annual report to the Public Education
6907     Appropriations Subcommittee that:
6908          (a) includes information on:
6909          (i) student learning gains in early literacy for the past school year and the five-year
6910     trend;
6911          (ii) the percentage of grade 3 students who are proficient in English language arts in the
6912     past school year and the five-year trend;
6913          (iii) the progress of school districts and charter schools in meeting goals described in a
6914     plan described in Subsection (4)(a); and
6915          (iv) the specific strategies or interventions used by school districts or charter schools
6916     that have significantly improved early grade literacy proficiency; and
6917          (b) may include recommendations on how to increase the percentage of grade 3
6918     students who are proficient in English language arts, including how to use a strategy or
6919     intervention described in Subsection (17)(a)(iv) to improve literacy proficiency for additional
6920     students.
6921          (18) The report described in Subsection (17) shall include information provided
6922     through the digital reporting platform described in Subsection (15)(b).
6923          Section 206. Section 53F-2-504 is amended to read:
6924          53F-2-504. Teacher Salary Supplement Program -- Appeal process.
6925          (1) As used in this section:
6926          [(a) "Board" means the State Board of Education.]
6927          [(b)] (a) "Certificate teacher" means a teacher who holds a National Board certification.
6928          [(c)] (b) "Eligible teacher" means a teacher who:
6929          (i) has an assignment to teach:
6930          (A) a secondary school level mathematics course;
6931          (B) integrated science in grade 7 or 8;
6932          (C) chemistry;
6933          (D) physics;
6934          (E) computer science; or
6935          (F) special education;
6936          (ii) holds the appropriate endorsement for the assigned course;

6937          (iii) has qualifying educational background; and
6938          (iv) (A) is a new employee; or
6939          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
6940          [(d)] (c) "Field of computer science" means:
6941          (i) computer science; or
6942          (ii) computer information technology.
6943          [(e)] (d) "Field of science" means:
6944          (i) integrated science;
6945          (ii) chemistry;
6946          (iii) physics;
6947          (iv) physical science; or
6948          (v) general science.
6949          [(f)] (e) "License" means the same as that term is defined in Section 53E-6-102.
6950          [(g)] (f) "National Board certification" means the same as that term is defined in
6951     Section 53E-6-102.
6952          [(h)] (g) "Qualifying educational background" means:
6953          (i) for a teacher who is assigned a secondary school level mathematics course:
6954          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
6955          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
6956     requirements that are substantially equivalent to the course requirements for a bachelor's degree
6957     major, master's degree, or doctoral degree in mathematics;
6958          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
6959     course, or physics course:
6960          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
6961     or
6962          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
6963     requirements that are substantially equivalent to the course requirements of those required for a
6964     degree described in Subsection (1)[(h)](g)(ii)(A);
6965          (iii) for a teacher who is assigned a computer science course:
6966          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
6967     computer science; or

6968          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
6969     requirements that are substantially equivalent to the course requirements of those required for a
6970     degree described in Subsection (1)[(h)](g)(iii)(A); or
6971          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
6972     master's degree, or doctoral degree in special education.
6973          [(i)] (h) "Title I school" means a school that receives funds under the Elementary and
6974     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
6975          [(j)] (i) "Title I school certificate teacher" means a certificate teacher who is assigned to
6976     teach at a Title I school.
6977          (2) (a) Subject to future budget constraints, the Legislature shall:
6978          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
6979     annual salary supplements provided in previous years; and
6980          (ii) provide salary supplements to new recipients.
6981          (b) Money appropriated for the Teacher Salary Supplement Program shall include
6982     money for the following employer-paid benefits:
6983          (i) retirement;
6984          (ii) workers' compensation;
6985          (iii) Social Security; and
6986          (iv) Medicare.
6987          (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
6988     time to teach one or more courses listed in Subsections (1)[(c)](b)(i)(A) through (F) is $4,100
6989     and funded through an appropriation described in Subsection (2).
6990          (ii) An eligible teacher who has a part-time assignment to teach one or more courses
6991     listed in Subsections (1)[(c)](b)(i)(A) through (F) shall receive a partial salary supplement
6992     based on the number of hours worked in the course assignment.
6993          (b) The annual salary supplement for a certificate teacher is $750.
6994          (c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
6995          (ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
6996     and (c) may only receive the salary supplement that is greater in value.
6997          (4) The state board shall:
6998          (a) create an online application system for a teacher to apply to receive a salary

6999     supplement through the Teacher Salary Supplement Program;
7000          (b) determine if a teacher:
7001          (i) (A) is an eligible teacher; and
7002          (B) has a course assignment as listed in Subsections (1)[(c)](b)(i)(A) through (F);
7003          (ii) is a certificate teacher; or
7004          (iii) is a Title I school certificate teacher;
7005          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
7006     district and school administrators; and
7007          (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
7008     teachers .
7009          (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
7010     shall apply with the state board before the conclusion of a school year to receive the salary
7011     supplement authorized in this section.
7012          (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
7013     apply with the state board, after verification that the requirements under this section have been
7014     satisfied, to receive a salary supplement after the completion of:
7015          (i) the school year as an annual award; or
7016          (ii) a semester or trimester as a partial award based on the portion of the school year
7017     that has been completed.
7018          (6) (a) The state board shall establish and administer an appeal process for a teacher to
7019     follow if the teacher applies for a salary supplement and does not receive a salary supplement
7020     under Subsection (8).
7021          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
7022     appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
7023     major with course requirements that are substantially equivalent to the course requirements for
7024     a degree described in:
7025          (A) Subsection (1)[(h)](g)(i)(A);
7026          (B) Subsection (1)[(h)](g)(ii)(A);
7027          (C) Subsection (1)[(h)](g)(iii)(A); or
7028          (D) Subsection (1)[(h)](g)(iv).
7029          (ii) A teacher shall provide transcripts and other documentation to the state board in

7030     order for the state board to determine if the teacher has a degree or degree major with course
7031     requirements that are substantially equivalent to the course requirements for a degree listed in:
7032          (A) Subsection (1)[(h)](g)(i)(A);
7033          (B) Subsection (1)[(h)](g)(ii)(A);
7034          (C) Subsection (1)[(h)](g)(iii)(A); or
7035          (D) Subsection (1)[(h)](g)(iv).
7036          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
7037     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
7038          (ii) A teacher shall provide to the state board a certificate or other related
7039     documentation in order for the state board to determine if the teacher holds a current certificate.
7040          (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
7041     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
7042          (A) holds a current certificate; and
7043          (B) is assigned to teach at a Title I school.
7044          (ii) A teacher shall provide to the state board:
7045          (A) information described in Subsection (6)(c)(ii); and
7046          (B) verification that the teacher is assigned to teach at a Title I school.
7047          (7) (a) The state board shall distribute money appropriated to the Teacher Salary
7048     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
7049     Program in accordance with the provisions of this section.
7050          (b) The state board shall include the employer-paid benefits described under
7051     Subsection (2)(b) in the amount of each salary supplement.
7052          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
7053     salary supplement limits described under Subsection (3).
7054          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
7055     a school district or charter school to provide a salary supplement equal to the amount specified
7056     in Subsection (3) for each eligible teacher, certificate teacher, or Title I school certificate
7057     teacher.
7058          (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
7059     qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
7060     every year, semester, or trimester.

7061          (9) Notwithstanding the provisions of this section, if the appropriation for the program
7062     is insufficient to cover the costs associated with salary supplements, the state board shall
7063     distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
7064          Section 207. Section 53F-2-505 is amended to read:
7065          53F-2-505. Utah Science Technology and Research Initiative Centers Program.
7066          (1) (a) The Utah Science Technology and Research Initiative (USTAR) Centers
7067     Program is created to provide a financial incentive for [local education] LEA governing boards
7068     to adopt programs in respective charter schools and school districts that result in a more
7069     efficient use of human resources and capital facilities.
7070          (b) The potential benefits of the program include:
7071          (i) increased compensation for math and science teachers by providing opportunities
7072     for an expanded contract year which will enhance school districts' and charter schools' ability to
7073     attract and retain talented and highly qualified math and science teachers;
7074          (ii) increased capacity of school buildings by using buildings more hours of the day or
7075     more days of the year, resulting in reduced capital facilities costs;
7076          (iii) decreased class sizes created by expanding the number of instructional
7077     opportunities in a year;
7078          (iv) opportunities for earlier high school graduation;
7079          (v) improved student college preparation;
7080          (vi) increased opportunities to offer additional remedial and advanced courses in math
7081     and science;
7082          (vii) opportunities to coordinate high school and post-secondary math and science
7083     education; and
7084          (viii) the creation or improvement of science, technology, engineering, and math
7085     centers (STEM Centers).
7086          (2) From money appropriated for the USTAR Centers Program, the [State Board of
7087     Education] state board shall award grants to charter schools and school districts to pay for costs
7088     related to the adoption and implementation of the program.
7089          (3) The [State Board of Education] state board shall:
7090          (a) solicit proposals from the State Charter School Board and local school boards for
7091     the use of grant money to facilitate the adoption and implementation of the program; and

7092          (b) award grants on a competitive basis.
7093          (4) The State Charter School Board shall:
7094          (a) solicit proposals from charter school governing boards that may be interested in
7095     participating in the USTAR Centers Program;
7096          (b) prioritize and consolidate the proposals into the equivalent of a single school
7097     district request; and
7098          (c) submit the consolidated request to the [State Board of Education] state board.
7099          (5) In selecting a grant recipient, the [State Board of Education] state board shall
7100     consider:
7101          (a) the degree to which a charter school or school district's proposed adoption and
7102     implementation of an extended year for math and science teachers achieves the benefits
7103     described in Subsection (1);
7104          (b) the unique circumstances of different urban, rural, large, small, growing, and
7105     declining charter schools and school districts; and
7106          (c) providing pilot programs in as many different school districts and charter schools as
7107     possible.
7108          (6) (a) Except as provided in Subsection (6)(b), a school district or charter school may
7109     only use grant money to provide full year teacher contracts, part-time teacher contract
7110     extensions, or combinations of both, for math and science teachers.
7111          (b) Up to 5% of the grant money may be used to fund math and science field trips,
7112     textbooks, and supplies.
7113          (7) Participation in the USTAR Centers Program shall be:
7114          (a) voluntary for an individual teacher; and
7115          (b) voluntary for a charter school or school district.
7116          Section 208. Section 53F-2-506 is amended to read:
7117          53F-2-506. Beverley Taylor Sorenson Elementary Arts Learning Program.
7118          (1) As used in this section:
7119          (a) "Endowed chair" means a person who holds an endowed position or administrator
7120     of an endowed program for the purpose of arts and integrated arts instruction at an endowed
7121     university.
7122          (b) "Endowed university" means an institution of higher education in the state that:

7123          (i) awards elementary education degrees in arts instruction;
7124          (ii) has received a major philanthropic donation for the purpose of arts and integrated
7125     arts instruction; and
7126          (iii) has created an endowed position as a result of a donation described in Subsection
7127     (1)(b)(ii).
7128          (c) "Integrated arts advocate" means a person who:
7129          (i) advocates for arts and integrated arts instruction in the state; and
7130          (ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
7131     chair.
7132          [(d) "Local education agency" or "LEA" means:]
7133          [(i) a school district;]
7134          [(ii) a charter school; or]
7135          [(iii) the Utah Schools for the Deaf and the Blind.]
7136          (2) The Legislature finds that a strategic placement of arts in elementary education can
7137     impact the critical thinking of students in other core subject areas, including mathematics,
7138     reading, and science.
7139          (3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
7140     enhance the social, emotional, academic, and arts learning of students in kindergarten through
7141     grade [six] 6 by integrating arts teaching and learning into core subject areas and providing
7142     professional development for positions that support elementary arts and integrated arts
7143     education.
7144          (4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
7145     Learning Program, and subject to Subsection (5), the [State Board of Education] state board
7146     shall, after consulting with endowed chairs and the integrated arts advocate and receiving their
7147     recommendations, administer a grant program to enable LEAs to:
7148          (a) hire highly qualified arts specialists, art coordinators, and other positions that
7149     support arts education and arts integration;
7150          (b) provide up to $10,000 in one-time funds for each new school arts specialist
7151     described under Subsection (4)(a) to purchase supplies and equipment; and
7152          (c) engage in other activities that improve the quantity and quality of integrated arts
7153     education.

7154          (5) (a) An LEA that receives a grant under Subsection (4) shall provide matching funds
7155     of no less than 20% of the grant amount, including no less than 20% of the grant amount for
7156     actual salary and benefit costs per full-time equivalent position funded under Subsection (4)(a).
7157          (b) An LEA may not:
7158          (i) include administrative, facility, or capital costs to provide the matching funds
7159     required under Subsection (5)(a); or
7160          (ii) use funds from the Beverley Taylor Sorenson Elementary Arts Learning Program to
7161     supplant funds for existing programs.
7162          (6) An LEA that receives a grant under this section shall partner with an endowed chair
7163     to provide professional development in integrated elementary arts education.
7164          (7) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
7165     Learning Program, the [State Board of Education] state board shall administer a grant program
7166     to fund activities within arts and the integrated arts programs at an endowed university in the
7167     college where the endowed chair resides to:
7168          (a) provide high quality professional development in elementary integrated arts
7169     education in accordance with the professional learning standards in Section 53G-11-303 to
7170     LEAs that receive a grant under Subsection (4);
7171          (b) design and conduct research on:
7172          (i) elementary integrated arts education and instruction;
7173          (ii) implementation and evaluation of the Beverley Taylor Sorenson Elementary Arts
7174     Learning Program; and
7175          (iii) effectiveness of the professional development under Subsection (7)(a); and
7176          (c) provide the public with integrated elementary arts education resources.
7177          (8) The [State Board of Education] state board shall make rules [in accordance with
7178     Title 63G, Chapter 3, Utah Administrative Rulemaking Act,] to administer the Beverley Taylor
7179     Sorenson Elementary Arts Learning Program.
7180          Section 209. Section 53F-2-507 is amended to read:
7181          53F-2-507. Enhanced kindergarten early intervention program.
7182          (1) The [State Board of Education] state board shall, as described in Subsection (4),
7183     distribute funds appropriated under this section for an enhanced kindergarten program
7184     described in Subsection (2), to school districts and charter schools that apply for the funds.

7185          (2) [A local education] An LEA governing board shall use funds appropriated in this
7186     section for a school district or charter school to offer an early intervention program, delivered
7187     through an enhanced kindergarten program that:
7188          (a) is an academic program focused on building age-appropriate literacy and numeracy
7189     skills;
7190          (b) uses an evidence-based early intervention model;
7191          (c) is targeted to at-risk students; and
7192          (d) is delivered through additional hours or other means.
7193          (3) [A local education] An LEA governing board may not require a student to
7194     participate in an enhanced kindergarten program described in Subsection (2).
7195          (4) The [State Board of Education] state board shall distribute funds appropriated
7196     under this section for an enhanced kindergarten program described in Subsection (2) as
7197     follows:
7198          (a) (i) the total allocation for charter schools shall be calculated by:
7199          (A) dividing the number of charter school students by the total number of students in
7200     the public education system in the prior school year; and
7201          (B) multiplying the resulting percentage by the total amount of available funds; and
7202          (ii) the amount calculated under Subsection (4)(a) shall be distributed to charter
7203     schools with the greatest need for an enhanced kindergarten program, as determined by the
7204     [State Board of Education] state board in consultation with the State Charter School Board;
7205          (b) each school district shall receive the amount calculated by:
7206          (i) multiplying the value of the weighted pupil unit by 0.45; and
7207          (ii) multiplying the result by 20; and
7208          (c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
7209     are made, shall be distributed to applicant school districts by:
7210          (i) determining the number of students eligible to receive free lunch in the prior school
7211     year for each school district; and
7212          (ii) prorating the remaining funds based on the number of students eligible to receive
7213     free lunch in each school district.
7214          Section 210. Section 53F-2-508 is amended to read:
7215          53F-2-508. Student Leadership Skills Development Program.

7216          (1) For purposes of this section[: (a) "Board" means the State Board of Education . (b)
7217     "Program"], "program" means the Student Leadership Skills Development Program created in
7218     Subsection (2).
7219          (2) There is created the Student Leadership Skills Development Program to develop
7220     student behaviors and skills that enhance a school's learning environment and are vital for
7221     success in a career, including:
7222          (a) communication skills;
7223          (b) teamwork skills;
7224          (c) interpersonal skills;
7225          (d) initiative and self-motivation;
7226          (e) goal setting skills;
7227          (f) problem solving skills; and
7228          (g) creativity.
7229          (3) (a) The state board shall administer the program and award grants to elementary
7230     schools that apply for a grant on a competitive basis.
7231          (b) The state board may award a grant of:
7232          (i) up to $10,000 per school for the first year a school participates in the program; and
7233          (ii) up to $20,000 per school for subsequent years a school participates in the program.
7234          (c) (i) After awarding a grant to a school for a particular year, the state board may not
7235     change the grant amount awarded to the school for that year.
7236          (ii) The state board may award a school a different amount in subsequent years.
7237          (4) An elementary school may participate in the program established under this section
7238     in accordance with [State Board of Education rules, made in accordance with Title 63G,
7239     Chapter 3, Utah Administrative Rulemaking Act] state board rules.
7240          (5) In selecting elementary schools to participate in the program, the state board shall:
7241          (a) require a school in the first year the school participates in the program to provide
7242     matching funds or an in-kind contribution of goods or services in an amount equal to the grant
7243     the school receives from the state board;
7244          (b) require a school to participate in the program for two years; and
7245          (c) give preference to Title I schools or schools in need of academic improvement.
7246          (6) The state board shall make the following information related to the grants described

7247     in Subsection (3) publicly available on the state board's website:
7248          (a) reimbursement procedures that clearly define how a school may spend grant money
7249     and how the state board will reimburse the school;
7250          (b) the period of time a school is permitted to spend grant money;
7251          (c) criteria for selecting a school to receive a grant; and
7252          (d) a list of schools that receive a grant and the amount of each school's grant.
7253          (7) A school that receives a grant described in Subsection (3) shall:
7254          (a) (i) set school-wide goals for the school's student leadership skills development
7255     program; and
7256          (ii) require each student to set personal goals; and
7257          (b) provide the following to the state board after the first school year of implementation
7258     of the program:
7259          (i) evidence that the grant money was used for the purpose of purchasing or developing
7260     the school's own student leadership skills development program; and
7261          (ii) a report on the effectiveness and impact of the school's student leadership skills
7262     development program on student behavior and academic results as measured by:
7263          (A) a reduction in truancy;
7264          (B) assessments of academic achievement;
7265          (C) a reduction in incidents of student misconduct or disciplinary actions; and
7266          (D) the achievement of school-wide goals and students' personal goals.
7267          (8) After participating in the program for two years, a school may not receive
7268     additional grant money in subsequent years if the school fails to demonstrate an improvement
7269     in student behavior and academic achievement as measured by the data reported under
7270     Subsection (7)(b).
7271          (9) (a) The state board shall make a report on the program to the Education Interim
7272     Committee by the committee's October 2016 meeting.
7273          (b) The report shall include an evaluation of the program's success in enhancing a
7274     school's learning environment and improving academic achievement.
7275          Section 211. Section 53F-2-509 is amended to read:
7276          53F-2-509. Grants for field trips to the State Capitol.
7277          (1) The [State Board of Education] state board may award grants to school districts and

7278     charter schools to take students on field trips to the State Capitol.
7279          (2) Grant money may be used to pay for transportation expenses related to a field trip
7280     to the State Capitol.
7281          (3) The [State Board of Education] state board shall make rules:
7282          (a) establishing procedures for applying for and awarding grants; and
7283          (b) specifying how grant money shall be allocated among school districts and charter
7284     schools.
7285          Section 212. Section 53F-2-510 is amended to read:
7286          53F-2-510. Digital Teaching and Learning Grant Program.
7287          (1) As used in this section:
7288          (a) "Advisory committee" means the committee established by the state board under
7289     Subsection (9)(b).
7290          [(b) "Board" means the State Board of Education.]
7291          [(c)] (b) "Digital readiness assessment" means an assessment provided by the state
7292     board that:
7293          (i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
7294     digital teaching and learning; and
7295          (ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
7296     teaching and learning.
7297          [(d)] (c) "High quality professional learning" means the professional learning standards
7298     described in Section 53G-11-303.
7299          [(e)] (d) "Implementation assessment" means an assessment that analyzes an LEA's
7300     implementation of an LEA plan, including identifying areas for improvement, obstacles to
7301     implementation, progress toward the achievement of stated goals, and recommendations going
7302     forward.
7303          [(f)] (e) "LEA plan" means an LEA's plan to implement a digital teaching and learning
7304     program that meets the requirements of this section and requirements set forth by the state
7305     board and the advisory committee.
7306          [(g) "Local education agency" or "LEA" means:]
7307          [(i) a school district;]
7308          [(ii) a charter school; or]

7309          [(iii) the Utah Schools for the Deaf and the Blind.]
7310          [(h)] (f) "Program" means the Digital Teaching and Learning Grant Program created
7311     and described in Subsections (8) through (13).
7312          [(i)] (g) "Utah Education and Telehealth Network" or "UETN" means the Utah
7313     Education and Telehealth Network created in Section 53B-17-105.
7314          (2) (a) The state board shall establish a digital teaching and learning task force to
7315     develop a funding proposal to present to the Legislature for digital teaching and learning in
7316     elementary and secondary schools.
7317          (b) The digital teaching and learning task force shall include representatives of:
7318          (i) the state board;
7319          (ii) UETN;
7320          (iii) LEAs; and
7321          (iv) the Governor's Education Excellence Commission.
7322          (3) (a) The state board, in consultation with the digital teaching and learning task force
7323     created in Subsection (2), shall create a funding proposal for a statewide digital teaching and
7324     learning program designed to:
7325          (i) improve student outcomes through the use of digital teaching and learning
7326     technology; and
7327          (ii) provide high quality professional learning for educators to improve student
7328     outcomes through the use of digital teaching and learning technology.
7329          (b) The state board shall:
7330          (i) identify outcome based metrics to measure student achievement related to a digital
7331     teaching and learning program; and
7332          (ii) develop minimum benchmark standards for student achievement and school level
7333     outcomes to measure successful implementation of a digital teaching and learning program.
7334          (4) As funding allows, the state board shall develop a master plan for a statewide
7335     digital teaching and learning program, including the following:
7336          (a) a statement of purpose that describes the objectives or goals the state board will
7337     accomplish by implementing a digital teaching and learning program;
7338          (b) a forecast for fundamental components needed to implement a digital teaching and
7339     learning program, including a forecast for:

7340          (i) student and teacher devices;
7341          (ii) Wi-Fi and wireless compatible technology;
7342          (iii) curriculum software;
7343          (iv) assessment solutions;
7344          (v) technical support;
7345          (vi) change management of LEAs;
7346          (vii) high quality professional learning;
7347          (viii) Internet delivery and capacity; and
7348          (ix) security and privacy of users;
7349          (c) a determination of the requirements for:
7350          (i) statewide technology infrastructure; and
7351          (ii) local LEA technology infrastructure;
7352          (d) standards for high quality professional learning related to implementing and
7353     maintaining a digital teaching and learning program;
7354          (e) a statewide technical support plan that will guide the implementation and
7355     maintenance of a digital teaching and learning program, including standards and competency
7356     requirements for technical support personnel;
7357          (f) (i) a grant program for LEAs; or
7358          (ii) a distribution formula to fund LEA digital teaching and learning programs;
7359          (g) in consultation with UETN, an inventory of the state public education system's
7360     current technology resources and other items and a plan to integrate those resources into a
7361     digital teaching and learning program;
7362          (h) an ongoing evaluation process that is overseen by the state board;
7363          (i) proposed rules that incorporate the principles of the master plan into the state's
7364     public education system as a whole; and
7365          (j) a plan to ensure long-term sustainability that:
7366          (i) accounts for the financial impacts of a digital teaching and learning program; and
7367          (ii) facilitates the redirection of LEA savings that arise from implementing a digital
7368     teaching and learning program.
7369          (5) UETN shall:
7370          (a) in consultation with the state board, conduct an inventory of the state public

7371     education system's current technology resources and other items as determined by UETN,
7372     including software;
7373          (b) perform an engineering study to determine the technology infrastructure needs of
7374     the public education system to implement a digital teaching and learning program, including
7375     the infrastructure needed for the state board, UETN, and LEAs; and
7376          (c) as funding allows, provide infrastructure and technology support for school districts
7377     and charter schools.
7378          (6) On or before December 1, 2015, the state board and UETN shall present the
7379     funding proposal for a statewide digital teaching and learning program described in Subsection
7380     (3) to the Education Interim Committee and the Executive Appropriations Committee,
7381     including:
7382          (a) the state board's progress on the development of a master plan described in
7383     Subsection (4); and
7384          (b) the progress of UETN on the inventory and study described in Subsection (5).
7385          (7) Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
7386     within an LEA, shall annually complete a digital readiness assessment.
7387          (8) There is created the Digital Teaching and Learning Grant Program to improve
7388     educational outcomes in public schools by effectively incorporating comprehensive digital
7389     teaching and learning technology.
7390          (9) The state board shall:
7391          (a) [in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,]
7392     adopt rules for the administration of the program, including rules requiring:
7393          (i) an LEA plan to include measures to ensure that the LEA monitors and implements
7394     technology with best practices, including the recommended use for effectiveness;
7395          (ii) an LEA plan to include robust goals for learning outcomes and appropriate
7396     measurements of goal achievement;
7397          (iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
7398     combination of grant and local funds; and
7399          (iv) an LEA to report on funds from expenses previous to the implementation of the
7400     LEA plan that the LEA has redirected after implementation;
7401          (b) establish an advisory committee to make recommendations on the program and

7402     LEA plan requirements and report to the state board; and
7403          (c) in accordance with this section, approve LEA plans and award grants.
7404          (10) (a) The state board shall, subject to legislative appropriations, award a grant to an
7405     LEA:
7406          (i) that submits an LEA plan that meets the requirements described in Subsection (11);
7407     and
7408          (ii) for which the LEA's leadership and management members have completed a digital
7409     teaching and learning leadership and implementation training as provided in Subsection
7410     (10)(b).
7411          (b) The state board or its designee shall provide the training described in Subsection
7412     (10)(a)(ii).
7413          (11) The state board shall establish requirements of an LEA plan that shall include:
7414          (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
7415     obstacle to implementation or other issues identified in the assessment;
7416          (b) a proposal to provide high quality professional learning for educators in the use of
7417     digital teaching and learning technology;
7418          (c) a proposal for leadership training and management restructuring, if necessary, for
7419     successful implementation;
7420          (d) clearly identified targets for improved student achievement, student learning, and
7421     college readiness through digital teaching and learning; and
7422          (e) any other requirement established by the state board in rule [in accordance with
7423     Title 63G, Chapter 3, Utah Administrative Rulemaking Act], including an application process
7424     and metrics to analyze the quality of a proposed LEA plan.
7425          (12) The state board or the state board's designee shall establish an interactive
7426     dashboard available to each LEA that is awarded a grant for the LEA to track and report the
7427     LEA's long-term, intermediate, and direct outcomes in realtime and for the LEA to use to
7428     create customized reports.
7429          (13) (a) There is no federal funding, federal requirement, federal education agreement,
7430     or national program included or related to this state adopted program.
7431          (b) Any inclusion of federal funding, federal requirement, federal education agreement,
7432     or national program shall require separate express approval as provided in Title 53E, Chapter 3,

7433     Part 8, Implementing Federal or National Education Programs.
7434          (14) (a) An LEA that receives a grant as part of the program shall:
7435          (i) subject to Subsection (14)(b), complete an implementation assessment for each year
7436     that the LEA is expending grant money; and
7437          (ii) (A) report the findings of the implementation assessment to the state board; and
7438          (B) submit to the state board a plan to resolve issues raised in the implementation
7439     assessment.
7440          (b) Each school within the LEA shall:
7441          (i) complete an implementation assessment; and
7442          (ii) submit a compilation report that meets the requirements described in Subsections
7443     (14)(a)(ii)(A) and (B).
7444          (15) The state board or the state board's designee shall review an implementation
7445     assessment and review each participating LEA's progress from the previous year, as applicable.
7446          (16) The state board shall establish interventions for an LEA that does not make
7447     progress on implementation of the LEA's implementation plan, including:
7448          (a) nonrenewal of, or time period extensions for, the LEA's grant;
7449          (b) reduction of funds; or
7450          (c) other interventions to assist the LEA.
7451          (17) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
7452     shall contract with an independent evaluator to:
7453          (a) annually evaluate statewide direct and intermediate outcomes beginning the first
7454     year that grants are awarded, including baseline data collection for long-term outcomes;
7455          (b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
7456     statewide long-term outcomes; and
7457          (c) report on the information described in Subsections (17)(a) and (b) to the state
7458     board.
7459          (18) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
7460     6a, Utah Procurement Code, or other agreement with one or more providers of technology
7461     powered learning solutions and one or more providers of wireless networking solutions may be
7462     entered into by:
7463          (i) UETN, in cooperation with or on behalf of, as applicable, the state board, the state

7464     board's designee, or an LEA; or
7465          (ii) an LEA.
7466          (b) A contract or agreement entered into under Subsection (18)(a) may be a contract or
7467     agreement that:
7468          (i) UETN enters into with a provider and payment for services is directly appropriated
7469     by the Legislature, as funds are available, to UETN;
7470          (ii) UETN enters into with a provider and pays for the provider's services and is
7471     reimbursed for payments by an LEA that benefits from the services;
7472          (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
7473     agreement directly with the provider and the LEA pays directly for the provider's services; or
7474          (iv) an LEA enters into directly, pays a provider, and receives preapproved
7475     reimbursement from a UETN fund established for this purpose.
7476          (c) If an LEA does not reimburse UETN in a reasonable time for services received
7477     under a contract or agreement described in Subsection (18)(b), the state board shall pay the
7478     balance due to UETN from the LEA's funds received under Title 53F, Chapter 2, State Funding
7479     -- Minimum School Program.
7480          (d) If UETN negotiates or enters into an agreement as described in Subsection
7481     (18)(b)(ii) or (18)(b)(iii), and UETN enters into an additional agreement with an LEA that is
7482     associated with the agreement described in Subsection (18)(b)(ii) or (18)(b)(iii), the associated
7483     agreement may be treated by UETN and the LEA as a cooperative procurement, as that term is
7484     defined in Section 63G-6a-103, regardless of whether the associated agreement satisfies the
7485     requirements of Section 63G-6a-2105.
7486          Section 213. Section 53F-2-511 is amended to read:
7487          53F-2-511. Reimbursement Program for Early Graduation From
7488     Competency-Based Education.
7489          (1) As used in this section:
7490          [(a) "Board" means the State Board of Education.]
7491          [(b)] (a) "Cohort" means a group of students, defined by the year in which the group
7492     enters grade 9.
7493          [(c)] (b) "Eligible LEA" means an LEA that has demonstrated to the state board that
7494     the LEA or, for a school district, a school within the LEA, provides and facilitates

7495     competency-based education that:
7496          (i) is based on the core principles described in Section 53F-5-502; and
7497          (ii) meets other criteria established by the state board in rule.
7498          [(d)] (c) "Eligible student" means an individual who:
7499          (i) attended an eligible LEA and graduated by completing graduation requirements, as
7500     described in Section 53E-4-204, earlier than that individual's cohort completed graduation
7501     requirements because of the individual's participation in the eligible LEA's competency-based
7502     education;
7503          (ii) no longer attends the eligible LEA; and
7504          (iii) is not included in the LEA's average daily membership under this chapter.
7505          [(e) "Local education agency" or "LEA" means:]
7506          [(i) a school district;]
7507          [(ii) a charter school; or]
7508          [(iii) the Utah Schools for the Deaf and the Blind.]
7509          [(f)] (d) "Partial pupil" means if an eligible student attends less than a full year of
7510     membership, the number of days the student was in membership compared to a full
7511     membership year.
7512          [(g)] (e) "Program" means the Reimbursement Program for Early Graduation From
7513     Competency-Based Education established in this section.
7514          (2) (a) There is established the Reimbursement Program for Early Graduation From
7515     Competency-Based Education.
7516          (b) Subject to future budget constraints, the Legislature may annually appropriate
7517     money to the Reimbursement Program for Early Graduation From Competency-Based
7518     Education.
7519          (3) An LEA may apply to the state board to receive a reimbursement, as described in
7520     Subsection (5), for an eligible student.
7521          (4) The state board shall approve a reimbursement to an LEA after the LEA
7522     demonstrates:
7523          (a) that the LEA is an eligible LEA; and
7524          (b) that the individual for whom the eligible LEA requests reimbursement is an eligible
7525     student.

7526          (5) (a) For each eligible student, the state board shall only reimburse an eligible LEA:
7527          (i) if the eligible student attended the eligible LEA for less than a full school year
7528     before the eligible student's cohort graduated, up to the value of one weighted pupil unit pro
7529     rated based on the difference between:
7530          (A) the number of days of partial pupil in average daily membership earned by the
7531     eligible LEA while the eligible student was still in attendance; and
7532          (B) a full pupil in average daily membership; and
7533          (ii) the value of one weighted pupil unit for each full school year the eligible student
7534     graduated ahead of the eligible student's cohort.
7535          (b) The state board shall:
7536          (i) use data from the prior year average daily membership to determine the number of
7537     eligible students; and
7538          (ii) reimburse the eligible LEA in the current school year.
7539          (6) The state board shall [in accordance with Title 63G, Chapter 3, Utah
7540     Administrative Rulemaking Act,] adopt rules to administer the provisions of this section.
7541          Section 214. Section 53F-2-512 is amended to read:
7542          53F-2-512. Appropriation for accommodation plans for students with Section 504
7543     accommodations.
7544          [(1) As used in this section:]
7545          [(a) "Board" means the State Board of Education.]
7546          [(b) "Local education agency" or "LEA" means:]
7547          [(i) a school district;]
7548          [(ii) a charter school; or]
7549          [(iii) the Utah Schools for the Deaf and the Blind.]
7550          [(c) "Section 504 accommodation plan" means an accommodation plan under Section
7551     504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.]
7552          [(2)] (1) (a) The state board shall make rules[, in accordance with Title 63G, Chapter 3,
7553     Utah Administrative Rulemaking Act,] that establish a reimbursement program that:
7554          (i) distributes any money appropriated to the state board for Special Education --
7555     Section 504 Accommodations;
7556          (ii) allows an LEA to apply for reimbursement of the costs of services that:

7557          (A) an LEA renders to a student with a Section 504 accommodation plan; and
7558          (B) exceed 150% of the average cost of a general education student; and
7559          (iii) provides for a pro-rated reimbursement based on the amount of reimbursement
7560     applications received during a given fiscal year and the amount of money appropriated to the
7561     state board that fiscal year.
7562          (b) Beginning with the 2018-19 school year, the state board shall allocate money
7563     appropriated to the state board for Special Education -- Section 504 Accommodations in
7564     accordance with the rules described in Subsection [(2)] (1)(a).
7565          [(3)] (2) On or before January 30, 2018, the state board shall report to the Public
7566     Education Appropriations Subcommittee:
7567          (a) information collected regarding the number of students who qualify for a Section
7568     504 accommodation plan; and
7569          (b) if available, the estimated financial impact of providing Section 504
7570     accommodation services to the number of students described in Subsection [(3)] (2)(a).
7571          Section 215. Section 53F-2-513 is amended to read:
7572          53F-2-513. Effective Teachers in High Poverty Schools Incentive Program --
7573     Salary bonus -- Evaluation.
7574          (1) As used in this section:
7575          [(a) "Board" means the State Board of Education.]
7576          [(b)] (a) "Cohort" means a group of students, defined by the year in which the group
7577     enters grade 1.
7578          [(c)] (b) "Eligible teacher" means a teacher who:
7579          (i) is employed as a teacher in a high poverty school at the time the teacher is
7580     considered by the state board for a salary bonus; and
7581          (ii) achieves a median growth percentile of 70 or higher:
7582          (A) a full school year before the school year the eligible teacher is being considered by
7583     the state board for a salary bonus under this section, regardless of whether the teacher was
7584     employed the previous school year by a high poverty school or a different public school; and
7585          (B) while teaching at any public school in the state a course for which a standards
7586     assessment is administered as described in Section 53E-4-303.
7587          [(d)] (c) "High poverty school" means a public school:

7588          (i) in which:
7589          (A) more than 20% of the enrolled students are classified as children affected by
7590     intergenerational poverty; or
7591          (B) 70% or more of the enrolled students qualify for free or reduced lunch; or
7592          (ii) (A) that has previously met the criteria described in Subsection (1)[(d)](c)(i)(A)
7593     and for each school year since meeting that criteria at least 15% of the enrolled students at the
7594     public school have been classified as children affected by intergenerational poverty; or
7595          (B) that has previously met the criteria described in Subsection (1)[(d)](c)(i)(B) and for
7596     each school year since meeting that criteria at least 60% of the enrolled students at the public
7597     school have qualified for free or reduced lunch.
7598          [(e)] (d) "Intergenerational poverty" means the same as that term is defined in Section
7599     35A-9-102.
7600          [(f)] (e) "Median growth percentile" means a number that describes the comparative
7601     effectiveness of a teacher in helping the teacher's students achieve growth in a year by
7602     identifying the median student growth percentile of all the students a teacher instructs.
7603          [(g)] (f) "Program" means the Effective Teachers in High Poverty Schools Incentive
7604     Program created in Subsection (2).
7605          [(h)] (g) "Student growth percentile" is a number that describes where a student ranks
7606     in comparison to the student's cohort.
7607          (2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
7608     provide an annual salary bonus for an eligible teacher.
7609          (b) The state board shall[, in accordance with Title 63G, Chapter 3, Utah
7610     Administrative Rulemaking Act,] make rules for:
7611          (i) the administration of the program;
7612          (ii) payment of a salary bonus; and
7613          (iii) application requirements.
7614          (c) The state board shall make an annual salary bonus payment in a fiscal year that
7615     begins on July 1, 2017, and each fiscal year thereafter in which money is appropriated for the
7616     program.
7617          (3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
7618     money to fund the program.

7619          (b) Money appropriated for the program shall include money for the following
7620     employer-paid benefits:
7621          (i) social security; and
7622          (ii) Medicare.
7623          (4) (a) (i) A charter school or school district school shall annually apply to the state
7624     board on behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus
7625     each year that the teacher is an eligible teacher.
7626          (ii) A teacher need not be an eligible teacher in consecutive years to receive the
7627     increased annual salary bonus described in Subsection (4)(b).
7628          (b) The annual salary bonus for an eligible teacher is $5,000.
7629          (c) A public school that applies on behalf of an eligible teacher under Subsection
7630     (4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
7631     teacher is awarded the salary bonus.
7632          (d) The state board shall award a salary bonus to an eligible teacher based on the order
7633     that an application from a public school on behalf of the eligible teacher is received.
7634          (5) The state board shall:
7635          (a) determine if a teacher is an eligible teacher; and
7636          (b) verify, as needed, the determinations made under Subsection (5)(a) with the school
7637     district and school district administrators.
7638          (6) The state board shall:
7639          (a) distribute money from the program to school districts and charter schools in
7640     accordance with this section and state board rule; and
7641          (b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
7642     salary bonus amount described in Subsection (4)(b).
7643          (7) Money received from the program shall be used by a school district or charter
7644     school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
7645     each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
7646     (3)(b).
7647          (8) (a) After the third year salary bonus payments are made, and each succeeding year,
7648     the state board shall evaluate the extent to which a salary bonus described in this section
7649     improves recruitment and retention of effective teachers in high poverty schools by at least:

7650          (i) surveying teachers who receive the salary bonus; and
7651          (ii) examining turnover rates of teachers who receive the salary bonus compared to
7652     teachers who do not receive the salary bonus.
7653          (b) Each year that the state board conducts an evaluation described in Subsection
7654     (8)(a), the state board shall, in accordance with Section 68-3-14, submit a report on the results
7655     of the evaluation to the Education Interim Committee on or before November 30.
7656          (9) A public school shall annually notify a teacher:
7657          (a) of the teacher's median growth percentile; and
7658          (b) how the teacher's median growth percentile is calculated.
7659          (10) Notwithstanding this section, if the appropriation for the program is insufficient to
7660     cover the costs associated with salary bonuses, the state board may limit or reduce a salary
7661     bonus.
7662          Section 216. Section 53F-2-514 is amended to read:
7663          53F-2-514. Job enhancements for mathematics, science, technology, and special
7664     education training.
7665          (1) As used in this section, "special education teacher" includes occupational therapist.
7666          (2) The Public Education Job Enhancement Program is established to attract, train, and
7667     retain highly qualified:
7668          (a) secondary teachers with expertise in mathematics, physics, chemistry, physical
7669     science, learning technology, or information technology;
7670          (b) special education teachers; and
7671          (c) teachers in grades [four] 4 through [six] 6 with mathematics endorsements.
7672          (3) The program shall provide for the following:
7673          (a) application by a school district superintendent or the principal of a school on behalf
7674     of a qualified teacher;
7675          (b) an award of up to $20,000 or a scholarship to cover the tuition costs for a master's
7676     degree, an endorsement, or graduate education in the areas identified in Subsection (2) to be
7677     given to selected public school teachers on a competitive basis:
7678          (i) whose applications are approved; and
7679          (ii) who teach in the state's public education system for four years in the areas
7680     identified in Subsection (2);

7681          (c) (i) as to the cash awards under Subsection (3)(b), payment of the award in two
7682     installments, with an initial payment of up to $10,000 at the beginning of the term and up to
7683     $10,000 at the conclusion of the term;
7684          (ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
7685     complete two years of the four-year teaching term in the areas identified in Subsection (2) as
7686     provided by rule of the [State Board of Education in accordance with Title 63G, Chapter 3,
7687     Utah Administrative Rulemaking Act] state board, unless waived for good cause by the [State
7688     Board of Education] state board; and
7689          (iii) nonpayment of the second installment if the teacher fails to complete the four-year
7690     teaching term; and
7691          (d) (i) as to the scholarships awarded under Subsection (3)(b), provision for the
7692     providing institution to certify adequate performance in obtaining the master's degree,
7693     endorsement, or graduate education in order for the teacher to maintain the scholarship; and
7694          (ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails
7695     to complete the authorized classes or program or to teach in the state system of public
7696     education in the areas identified in Subsection (2) for four years after obtaining the master's
7697     degree, the endorsement, or graduate education.
7698          (4) An individual teaching in the public schools under a letter of authorization may
7699     participate in the cash award program if:
7700          (a) the individual has taught under the letter of authorization for at least one year in the
7701     areas referred to in Subsection (2); and
7702          (b) the application made under Subsection (3)(a) is based in large part upon the
7703     individual receiving a superior evaluation as a classroom teacher.
7704          (5) (a) The program may provide for the expenditure of up to $1,000,000 of available
7705     money, if at least an equal amount of matching money becomes available, to provide
7706     professional development training to superintendents, administrators, and principals in the
7707     effective use of technology in public schools.
7708          (b) An award granted under this Subsection (5) shall be made in accordance with
7709     criteria developed and adopted by the [State Board of Education and in accordance with Title
7710     63G, Chapter 3, Utah Administrative Rulemaking Act] state board in rule.
7711          (c) An amount up to $120,000 of the $1,000,000 authorized in Subsection (5)(a) may

7712     be expended, regardless of the matching money being available.
7713          Section 217. Section 53F-2-517 is amended to read:
7714          53F-2-517. Quality Teaching Block Grant Program -- State contributions.
7715          (1) The [State Board of Education] state board shall distribute money appropriated for
7716     the Quality Teaching Block Grant Program to school districts and charter schools according to
7717     a formula adopted by the [State Board of Education] state board, after consultation with [local
7718     education] LEA governing boards, that allocates the funding in a fair and equitable manner.
7719          (2) [Local education] LEA governing boards shall use Quality Teaching Block Grant
7720     money to implement professional learning that meets the standards specified in Section
7721     53G-11-303.
7722          Section 218. Section 53F-2-518 is amended to read:
7723          53F-2-518. Appropriation for retirement and social security.
7724          (1) The employee's retirement contribution shall be 1% for employees who are under
7725     the state's contributory retirement program.
7726          (2) The employer's contribution under the state's contributory retirement program is
7727     determined under Section 49-12-301, subject to the 1% contribution under Subsection (1).
7728          (3) (a) The employer-employee contribution rate for employees who are under the
7729     state's noncontributory retirement program is determined under Section 49-13-301.
7730          (b) The same contribution rate used under Subsection (3)(a) shall be used to calculate
7731     the appropriation for charter schools described under Subsection (5).
7732          (4) (a) Money appropriated to the [State Board of Education] state board for retirement
7733     and social security money shall be allocated to school districts and charter schools based on a
7734     school district's or charter school's total weighted pupil units compared to the total weighted
7735     pupil units for all school districts and charter schools in the state.
7736          (b) Subject to budget constraints, money needed to support retirement and social
7737     security shall be determined by taking a school district's or charter school's prior year allocation
7738     and adjusting it for:
7739          (i) student growth;
7740          (ii) the percentage increase in the value of the weighted pupil unit; and
7741          (iii) the effect of any change in the rates for retirement, social security, or both.
7742          (5) A charter school governing board that makes an election of nonparticipation in the

7743     Utah State Retirement Systems in accordance with Section 53G-5-407 and Title 49, Utah State
7744     Retirement and Insurance Benefit Act, shall use the funds described under this section for
7745     retirement to provide the charter school's own compensation, benefit, and retirement programs.
7746          Section 219. Section 53F-2-519 is amended to read:
7747          53F-2-519. Appropriation for school nurses.
7748          (1) The [State Board of Education] state board shall distribute money appropriated for
7749     school nurses to award grants to school districts and charter schools that:
7750          (a) provide an equal amount of matching funds; and
7751          (b) do not supplant other money used for school nurses.
7752          (2) (a) A school district or charter school that is awarded a grant under this section
7753     shall require each school nurse employed by the school district or charter school to complete
7754     two hours of continuing nurse education on the emotional and mental health of students.
7755          (b) The continuing nurse education described in Subsection (2)(a) shall include training
7756     on:
7757          (i) the awareness of, screening for, and triaging to appropriate treatment for mental
7758     health problems;
7759          (ii) trauma-informed care;
7760          (iii) signs of mental illness;
7761          (iv) alcohol and substance abuse;
7762          (v) response to acute mental health crises; and
7763          (vi) suicide prevention, including information about the 24-hour availability of the
7764     School Safety and Crisis Line established under Section 53E-10-502.
7765          Section 220. Section 53F-2-601 is amended to read:
7766          53F-2-601. State guaranteed local levy increments -- Appropriation to increase
7767     number of guaranteed local levy increments -- No effect of change of minimum basic tax
7768     rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
7769     increment funds.
7770          (1) As used in this section:
7771          (a) "Board local levy" means a local levy described in Section 53F-8-302.
7772          (b) "Guaranteed local levy increment" means a local levy increment guaranteed by the
7773     state:

7774          (i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or
7775          (ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).
7776          (c) "Local levy increment" means .0001 per dollar of taxable value.
7777          (d) (i) "Voted and board local levy funding balance" means the difference between:
7778          (A) the amount appropriated for the guaranteed local levy increments in a fiscal year;
7779     and
7780          (B) the amount necessary to fund in the same fiscal year the guaranteed local levy
7781     increments as determined under this section.
7782          (ii) "Voted and board local levy funding balance" does not include appropriations
7783     described in Subsection (2)(b)(i).
7784          (e) "Voted local levy" means a local levy described in Section 53F-8-301.
7785          (2) (a) (i) In addition to the revenue collected from the imposition of a voted local levy
7786     or a board local levy, the state shall guarantee that a school district receives, subject to
7787     Subsections (2)(b)(ii)(C) and (3)(a), for each guaranteed local levy increment, an amount
7788     sufficient to guarantee for a fiscal year that begins on July 1, 2018, $43.10 per weighted pupil
7789     unit.
7790          (ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
7791     that are subject to the guarantee amount described in Subsection (2)(a)(i) are:
7792          (A) for a board local levy, the first four local levy increments a local school board
7793     imposes under the board local levy; and
7794          (B) for a voted local levy, the first 16 local levy increments a local school board
7795     imposes under the voted local levy.
7796          (b) (i) Subject to future budget constraints and Subsection (2)(c), the Legislature shall
7797     annually appropriate money from the Local Levy Growth Account established in Section
7798     53F-9-305 for purposes described in Subsection (2)(b)(ii).
7799          (ii) The [State Board of Education] state board shall, for a fiscal year beginning on or
7800     after July 1, 2018, and subject to Subsection (2)(c), allocate funds appropriated under
7801     Subsection (2)(b)(i) in the following order of priority by increasing:
7802          (A) by up to four increments the number of voted local levy guaranteed local levy
7803     increments above 16;
7804          (B) by up to 16 increments the number of board local levy guaranteed local levy

7805     increments above four; and
7806          (C) the guaranteed amount described in Subsection (2)(a)(i).
7807          (c) The number of guaranteed local levy increments under this Subsection (2) for a
7808     school district may not exceed 20 guaranteed local levy increments, regardless of whether the
7809     guaranteed local levy increments are from the imposition of a voted local levy, a board local
7810     levy, or a combination of the two.
7811          (3) (a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
7812     of the weighted pupil unit by making the value of the guarantee equal to .011962 times the
7813     value of the prior year's weighted pupil unit.
7814          (b) The guarantee shall increase by .0005 times the value of the prior year's weighted
7815     pupil unit for each year subject to the Legislature appropriating funds for an increase in the
7816     guarantee.
7817          (4) (a) The amount of state guarantee money that a school district would otherwise be
7818     entitled to receive under this section may not be reduced for the sole reason that the school
7819     district's board local levy or voted local levy is reduced as a consequence of changes in the
7820     certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
7821          (b) Subsection (4)(a) applies for a period of five years following a change in the
7822     certified tax rate as described in Subsection (4)(a).
7823          (5) The guarantee provided under this section does not apply to the portion of a voted
7824     local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
7825     year, unless an increase in the voted local levy rate was authorized in an election conducted on
7826     or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
7827          (6) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
7828     the [State Board of Education] state board shall:
7829          (i) use the voted and board local levy funding balance to increase the value of the state
7830     guarantee per weighted pupil unit described in Subsection (3)(a) in the current fiscal year; and
7831          (ii) distribute guaranteed local levy increment funds to school districts based on the
7832     increased value of the state guarantee per weighted pupil unit described in Subsection (6)(a)(i).
7833          (b) The [State Board of Education] state board shall report action taken under
7834     Subsection (6)(a) to the Office of the Legislative Fiscal Analyst and the Governor's Office of
7835     Management and Budget.

7836          (7) A local school board of a school district that receives funds described in this section
7837     shall budget and expend the funds for public education purposes.
7838          Section 221. Section 53F-2-702 is amended to read:
7839          53F-2-702. Funding for charter schools.
7840          (1) Except as described in Section 53F-2-302, a charter school shall receive state funds,
7841     as applicable, on the same basis as a school district receives funds.
7842          (2) (a) As described in Section 53F-2-703, the [State Board of Education] state board
7843     shall distribute charter school levy per pupil revenues to charter schools.
7844          (b) As described in Section 53F-2-704, and subject to future budget constraints, the
7845     Legislature shall provide an appropriation for charter schools for each charter school student
7846     enrolled on October 1 to supplement the allocation of charter school levy per pupil revenues
7847     described in Subsection (2)(a).
7848          (3) Charter schools are eligible to receive federal funds if they meet all applicable
7849     federal requirements and comply with relevant federal regulations.
7850          (4) The [State Board of Education] state board shall distribute funds for charter school
7851     students directly to the charter school.
7852          (5) (a) Notwithstanding Subsection (1), a charter school is not eligible to receive state
7853     transportation funding.
7854          (b) The state board shall also adopt rules relating to the transportation of students to
7855     and from charter schools, taking into account Sections 53F-2-403 and 53G-6-405.
7856          (c) [The] A charter school governing board [of the charter school] may provide
7857     transportation through an agreement or contract with the local school board, a private provider,
7858     or parents.
7859          (6) (a) (i) In accordance with Section 53F-2-705, the State Charter School Board may
7860     allocate grants for start-up costs to charter schools from money appropriated for charter school
7861     start-up costs.
7862          (ii) The charter school governing board of a charter school that receives money from a
7863     grant under Section 53F-2-705 shall use the grant for expenses for planning and
7864     implementation of the charter school.
7865          (b) The [State Board of Education] state board shall coordinate the distribution of
7866     federal money appropriated to help fund costs for establishing and maintaining charter schools

7867     within the state.
7868          (7) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
7869     endowment, gift, or donation of any property made to the school for any of the purposes of
7870     Title 53G, Chapter 5, Charter Schools, or related provisions .
7871          (b) It is unlawful for any person affiliated with a charter school to demand or request
7872     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
7873     with the charter school as a condition for employment or enrollment at the school or continued
7874     attendance at the school.
7875          Section 222. Section 53F-2-703 is amended to read:
7876          53F-2-703. Charter school levy.
7877          (1) As used in this section:
7878          [(a) "Board" means the State Board of Education.]
7879          [(b)] (a) "Charter School Levy Account" means the Charter School Levy Account
7880     created in Section 53F-9-301.
7881          [(c)] (b) "Charter school levy per district revenues" means the product of:
7882          (i) a school district's district per pupil local revenues; and
7883          (ii) the number of charter school students in the school district who are resident
7884     students.
7885          [(d)] (c) "Charter school levy per pupil revenues" means an amount equal to the
7886     following:
7887          (i) charter school levy total local revenues for a given fiscal year, adjusted if necessary
7888     as described in Subsection (4); divided by
7889          (ii) the number of students enrolled in a charter school on October 1 of the prior school
7890     year.
7891          [(e)] (d) "Charter school levy revenues" means the charter school levy revenues
7892     generated by a charter school levy rate described in Subsection (2)(b)(i).
7893          [(f)] (e) "Charter school levy total local revenues" means the sum of charter school levy
7894     per district revenues for every school district in the state for the same given fiscal year.
7895          [(g)] (f) "District per pupil local revenues" means the same as that term is defined in
7896     Section 53F-2-704.
7897          [(h)] (g) "Resident student" means the same as that term is defined in Section

7898     53F-2-704.
7899          (2) (a) Beginning with the taxable year beginning on January 1, 2017, the state shall
7900     annually impose a charter school levy as described in this Subsection (2).
7901          (b) (i) For each school district, before June 22, the State Tax Commission shall certify
7902     a rate for the charter school levy described in Subsection (2)(a) to generate an amount of
7903     revenue within a school district equal to 25% of the charter school levy per district revenues
7904     excluding the amount of revenues:
7905          (A) described in Subsection 53F-2-704(1)(c)(iv); and
7906          (B) expended by the school district for recreational facilities and activities authorized
7907     under Title 11, Chapter 2, Playgrounds.
7908          (ii) To calculate a charter school levy rate for a school district, the State Tax
7909     Commission shall use the calculation method described in Subsection 59-2-924(4).
7910          (c) The charter school levy shall be separately stated on a tax notice.
7911          (3) (a) A county treasurer shall collect the charter school levy revenues for all school
7912     districts located within the county treasurer's county and remit the money monthly to the state
7913     treasurer.
7914          (b) The state treasurer shall deposit the charter school levy revenues received from a
7915     county treasurer into the Charter School Levy Account.
7916          (4) (a) For each charter school student, the state board shall distribute the charter
7917     school per pupil levy revenues from the Charter School Levy Account to the student's charter
7918     school in accordance with this Subsection (4).
7919          (b) For a given fiscal year, if the actual charter school levy total local revenues are
7920     more than the estimated charter school levy total local revenues the state board shall:
7921          (i) deduct the amount of revenue that exceeds the estimated charter school levy total
7922     local revenues from the actual charter school levy total local revenues; and
7923          (ii) use the remaining amount to calculate the charter school per pupil levy revenues.
7924          (c) For a given fiscal year, if the actual charter school total local revenues are less than
7925     the estimated charter school levy total local revenues, the state board shall:
7926          (i) if sufficient funds are available in the Charter School Levy Account, add an amount
7927     of funds from the Charter School Levy Account to the charter school levy total local revenues
7928     to equal the estimated charter school levy total local revenues; and

7929          (ii) if sufficient funds are not available in the Charter School Levy Account, calculate
7930     the charter school per pupil levy revenues using the actual amount of the charter school levy
7931     total local revenues.
7932          Section 223. Section 53F-2-704 is amended to read:
7933          53F-2-704. Charter school levy state guarantee.
7934          (1) As used in this section:
7935          (a) "Charter school levy per pupil revenues" means the same as that term is defined in
7936     Section 53F-2-703.
7937          (b) "Charter school students' average local revenues" means the amount determined as
7938     follows:
7939          (i) for each student enrolled in a charter school on the previous October 1, calculate the
7940     district per pupil local revenues of the school district in which the student resides;
7941          (ii) sum the district per pupil local revenues for each student enrolled in a charter
7942     school on the previous October 1; and
7943          (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
7944     enrolled in charter schools on the previous October 1.
7945          (c) "District local property tax revenues" means the sum of a school district's revenue
7946     received from the following:
7947          (i) a voted local levy imposed under Section 53F-8-301;
7948          (ii) a board local levy imposed under Section 53F-8-302, excluding revenues expended
7949     for:
7950          (A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
7951     taxable value of the school district's board local levy; and
7952          (B) the Early Literacy Program described in Section 53F-2-503, up to the amount of
7953     revenue generated by a .000121 per dollar of taxable value of the school district's board local
7954     levy;
7955          (iii) a capital local levy imposed under Section 53F-8-303; and
7956          (iv) a guarantee described in Section 53F-2-601, 53F-3-202, or 53F-3-203.
7957          (d) "District per pupil local revenues" means, using data from the most recently
7958     published school district annual financial reports and state superintendent's annual report, an
7959     amount equal to district local property tax revenues divided by the sum of:

7960          (i) a school district's average daily membership; and
7961          (ii) the average daily membership of a school district's resident students who attend
7962     charter schools.
7963          (e) "Resident student" means a student who is considered a resident of the school
7964     district under Title 53G, Chapter 6, Part 3, School District Residency.
7965          (f) "Statewide average debt service revenues" means the amount determined as
7966     follows, using data from the most recently published state superintendent's annual report:
7967          (i) sum the revenues of each school district from the debt service levy imposed under
7968     Section 11-14-310; and
7969          (ii) divide the sum calculated under Subsection (1)(f)(i) by statewide school district
7970     average daily membership.
7971          (2) (a) Subject to future budget constraints, the Legislature shall provide an
7972     appropriation for charter schools for each charter school student enrolled on October 1 to
7973     supplement the allocation of charter school levy per pupil revenues described in Subsection
7974     53F-2-702(2)(a).
7975          (b) Except as provided in Subsection (2)(c), the amount of money provided by the state
7976     for a charter school student shall be the sum of:
7977          (i) charter school students' average local revenues minus the charter school levy per
7978     pupil revenues; and
7979          (ii) statewide average debt service revenues.
7980          (c) If the total of charter school levy per pupil revenues distributed by the [State Board
7981     of Education] state board and the amount provided by the state under Subsection (2)(b) is less
7982     than $1,427, the state shall provide an additional supplement so that a charter school receives at
7983     least $1,427 per student under Subsection 53F-2-702(2).
7984          (d) (i) If the legislative appropriation described in Subsection (2)(a) is insufficient to
7985     provide an amount described in Subsection (2)(b) for each charter school student, the [State
7986     Board of Education] state board shall make an adjustment to Minimum School Program
7987     allocations as described in Section 53F-2-205.
7988          (ii) Following an adjustment described in Subsection (2)(d)(i), if legislative
7989     appropriations remain insufficient to provide an amount described in Subsection (2)(b) for each
7990     student enrolled in a charter school, the [State Board of Education] state board shall:

7991          (A) distribute to a charter school an amount described in Subsection (2)(b) for each
7992     student enrolled in the charter school under or equal to the maximum number of students the
7993     charter school serves, as described in the charter school's charter school agreement described in
7994     Section 53G-5-303; and
7995          (B) distribute money remaining after the distributions described in Subsection
7996     (2)(d)(ii)(A) to a charter school based on the charter school's share of all students enrolled in
7997     charter schools who exceed the number of maximum students served by charter schools, as
7998     described in charter school agreements entered into under Section 53G-5-303.
7999          (3) (a) Except as provided in Subsection (3)(b), of the money provided to a charter
8000     school under Subsection 53F-2-702(2), 10% shall be expended for funding school facilities
8001     only.
8002          (b) Subsection (3)(a) does not apply to an online charter school.
8003          Section 224. Section 53F-2-705 is amended to read:
8004          53F-2-705. Grants for charter school start-up costs.
8005          (1) (a) The State Charter School Board shall use money appropriated for charter school
8006     start-up costs to provide grants to charter schools to pay for expenses for the planning and
8007     implementation of a charter school.
8008          (b) The State Charter School Board:
8009          (i) may use up to 8% of the money appropriated for charter school start-up costs for
8010     financial monitoring of new charter schools and to provide professional development or
8011     technical assistance for charter school governing board members and staff of new charter
8012     schools; and
8013          (ii) in accordance with rules adopted by the [State Board of Education] state board,
8014     may use up to $200,000 of the money appropriated for charter school start-up costs for a
8015     mentoring program for new and existing charter schools.
8016          (2) The amount of a grant for charter school start-up costs shall be based on the
8017     authorized enrollment of the charter school.
8018          (3) The [State Board of Education] state board shall make rules consistent with this
8019     section specifying:
8020          (a) procedures for applying for and awarding grants for charter school start-up costs;
8021          (b) permitted uses of grant money; and

8022          (c) requirements for a charter school to submit the following to the State Charter
8023     School Board:
8024          (i) a budget for the grant money; and
8025          (ii) a final report on the expenditure of the grant money.
8026          (4) The [State Board of Education] state board shall make rules establishing a
8027     mentoring program for new and existing charter schools.
8028          Section 225. Section 53F-3-202 is amended to read:
8029          53F-3-202. Capital Outlay Foundation Program created -- Distribution formulas
8030     -- Allocations.
8031          (1) As used in this section:
8032          (a) "Foundation guarantee level per ADM" means a minimum revenue amount per
8033     ADM generated by the base tax effort rate, including the following:
8034          (i) the revenue generated locally from a school district's combined capital levy rate; and
8035          (ii) the revenue allocated to a school district by the [State Board of Education] state
8036     board in accordance with Section 53F-3-202.
8037          (b) "Qualifying school district" means a school district with a property tax yield per
8038     ADM less than the foundation guarantee level per ADM.
8039          (c) "Small school district" means a school district that has fewer than 1,000 pupils in
8040     average daily membership.
8041          (2) There is created the Capital Outlay Foundation Program to provide capital outlay
8042     funding to a school district based on a district's local property tax effort and property tax yield
8043     per student compared to a foundation guarantee funding level.
8044          (3) (a) The [State Board of Education] state board shall determine the foundation
8045     guarantee level per ADM that fully allocates the funds appropriated to the [State Board of
8046     Education] state board for distribution under this section.
8047          (b) In determining the foundation guarantee level per ADM and a school district's
8048     allocation of funds under this section, the [State Board of Education] state board shall use data
8049     from the fiscal year that is two years prior to the fiscal year the school district receives the
8050     allocation, including the:
8051          (i) number of pupils in average daily membership;
8052          (ii) tax rates; and

8053          (iii) derived net taxable value.
8054   &