1     
EDUCATION REPORTING REQUIREMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to education reports.
10     Highlighted Provisions:
11          This bill:
12          ▸     aligns reports and reporting dates of certain reports by the Rocky Mountain Center
13     for Occupational and Environmental Health;
14          ▸     repeals certain reports and related provisions;
15          ▸     creates indexes of reports to and actions required of:
16               •     the Higher Education Appropriations Subcommittee;
17               •     the Education Interim Committee; and
18               •     the Public Education Appropriations Subcommittee;
19          ▸     reenacts and amends the State Superintendent's Annual Report, including requiring
20     other certain existing reports be included in the annual report;
21          ▸     amends provisions by assigning reports and appropriations recommendations to
22     specified legislative education committees;
23          ▸     repeals and reenacts provisions requiring the State Board of Education to create a
24     strategic plan; and
25          ▸     makes technical corrections.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:

29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          34A-2-202.5, as last amended by Laws of Utah 2011, Chapter 342
33          53B-1-107, as enacted by Laws of Utah 1987, Chapter 167
34          53B-1-113, as enacted by Laws of Utah 2017, Chapter 333
35          53B-7-101, as last amended by Laws of Utah 2017, Chapters 365 and 382
36          53B-7-706, as enacted by Laws of Utah 2017, Chapter 365
37          53B-7-707, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
38          53B-8-104, as last amended by Laws of Utah 2009, Chapter 363
39          53B-8a-111, as last amended by Laws of Utah 2010, Chapter 6
40          53B-8c-104, as enacted by Laws of Utah 1997, Chapter 333
41          53B-12-107, as enacted by Laws of Utah 1987, Chapter 167
42          53B-17-804, as last amended by Laws of Utah 2013, Chapter 43
43          53B-26-103, as last amended by Laws of Utah 2018, Chapter 421
44          53B-26-202, as enacted by Laws of Utah 2018, Chapter 354
45          53E-1-201, as enacted by Laws of Utah 2018, Chapter 1
46          53E-3-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
47          53E-3-507, as renumbered and amended by Laws of Utah 2018, Chapter 1
48          53E-3-515, as renumbered and amended by Laws of Utah 2018, Chapter 1
49          53E-3-516, as enacted by Laws of Utah 2018, Chapter 302
50          53E-4-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
51          53E-4-309, as renumbered and amended by Laws of Utah 2018, Chapter 1
52          53E-5-310, as renumbered and amended by Laws of Utah 2018, Chapter 1
53          53E-8-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
54          53E-10-308, as renumbered and amended by Laws of Utah 2018, Chapter 1
55          53E-10-702, as enacted by Laws of Utah 2018, Chapter 341

56          53E-10-703, as enacted by Laws of Utah 2018, Chapter 341
57          53F-2-309, as renumbered and amended by Laws of Utah 2018, Chapter 2
58          53F-2-503, as last amended by Laws of Utah 2018, Chapters 300, 456 and renumbered
59     and amended by Laws of Utah 2018, Chapter 2
60          53F-2-508, as renumbered and amended by Laws of Utah 2018, Chapter 2
61          53F-2-510, as renumbered and amended by Laws of Utah 2018, Chapter 2
62          53F-2-512, as renumbered and amended by Laws of Utah 2018, Chapter 2
63          53F-4-203, as enacted by Laws of Utah 2018, Chapter 2
64          53F-4-407, as renumbered and amended by Laws of Utah 2018, Chapter 2
65          53F-5-204, as renumbered and amended by Laws of Utah 2018, Chapter 2
66          53F-5-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
67          53F-5-405, as renumbered and amended by Laws of Utah 2018, Chapter 2
68          53F-5-506, as renumbered and amended by Laws of Utah 2018, Chapter 2
69          53G-4-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
70          53G-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 3
71          53G-5-411, as enacted by Laws of Utah 2018, Chapter 3
72          53G-6-707, as renumbered and amended by Laws of Utah 2018, Chapter 3
73          53G-8-207, as renumbered and amended by Laws of Utah 2018, Chapter 3
74          53G-9-702, as last amended by Laws of Utah 2018, Chapter 414 and renumbered and
75     amended by Laws of Utah 2018, Chapter 3
76          53G-9-703, as renumbered and amended by Laws of Utah 2018, Chapter 3
77          53G-9-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
78          53G-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 3
79          53G-11-511, as renumbered and amended by Laws of Utah 2018, Chapter 3
80          59-9-102.5, as last amended by Laws of Utah 2011, Chapter 342
81          63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
82     456

83     ENACTS:
84          53B-1-301, Utah Code Annotated 1953
85          53E-1-202, Utah Code Annotated 1953
86          53E-1-203, Utah Code Annotated 1953
87     REPEALS AND REENACTS:
88          53E-2-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
89     

90     Be it enacted by the Legislature of the state of Utah:
91          Section 1. Section 34A-2-202.5 is amended to read:
92          34A-2-202.5. Offset for occupational health and safety related donations.
93          (1) As used in this section:
94          (a) "Occupational health and safety center" means the Rocky Mountain Center for
95     Occupational and Environmental Health created in Title 53B, Chapter 17, Part 8, Rocky
96     Mountain Center for Occupational and Environmental Health.
97          (b) "Qualified donation" means a donation that is:
98          (i) cash;
99          (ii) given directly to an occupational health and safety center; and
100          (iii) given exclusively for the purpose of:
101          (A) supporting graduate level education and training in fields of:
102          (I) safety and ergonomics;
103          (II) industrial hygiene;
104          (III) occupational health nursing; and
105          (IV) occupational medicine;
106          (B) providing continuing education programs for employers designed to promote
107     workplace safety; and
108          (C) paying reasonable administrative, personnel, equipment, and overhead costs of the
109     occupational health and safety center.

110          (c) "Self-insured employer" is a self-insured employer as defined in Section
111     34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
112          (2) (a) A self-insured employer may offset against the assessment imposed under
113     Section 34A-2-202 an amount equal to the lesser of:
114          (i) the total of qualified donations made by the self-insured employer in the calendar
115     year for which the assessment is calculated; and
116          (ii) .10% of the self-insured employer's total calculated premium calculated under
117     Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
118          (b) The offset provided under this Subsection (2) shall be allocated in proportion to the
119     percentages provided in Subsection 59-9-101(2)(c).
120          (3) An occupational health and safety center shall:
121          (a) provide a self-insured employer a receipt for any qualified donation made by the
122     self-insured employer to the occupational health and safety center;
123          (b) expend money received by a qualified donation:
124          (i) for the purposes described in Subsection (1)(b)(iii); and
125          (ii) in a manner that can be audited to ensure that the money is expended for the
126     purposes described in Subsection (1)(b)(iii); and
127          (c) in conjunction with the report required by Section 59-9-102.5, report to [the
128     Legislature through] the Office of the Legislative Fiscal Analyst for review by the Higher
129     Education Appropriations Subcommittee by no later than [July 1] August 15 of each year:
130          (i) the qualified donations received by the occupational health and safety center in the
131     previous calendar year; and
132          (ii) the expenditures during the previous calendar year of qualified donations received
133     by the occupational health and safety center.
134          Section 2. Section 53B-1-107 is amended to read:
135          53B-1-107. Annual report of board activities.
136          The board shall submit an annual report of its activities to the governor and to the

137     [Legislature] Education Interim Committee and shall provide copies to all institutions in the
138     state system of higher education.
139          Section 3. Section 53B-1-113 is amended to read:
140          53B-1-113. Education loan notifications.
141          (1) As used in this section:
142          (a) "Borrower" means:
143          (i) an individual enrolled in an eligible postsecondary institution who receives an
144     education loan; or
145          (ii) an individual, including a parent or legal guardian, who receives an education loan
146     to fund education expenses of an individual enrolled in an eligible postsecondary institution.
147          (b) "Education loan" means a loan made to a borrower that is:
148          (i) made directly by a federal or state program; or
149          (ii) insured or guaranteed under a federal or state program.
150          (c) "Eligible postsecondary institution" means a public or private postsecondary
151     institution that:
152          (i) is located in Utah; and
153          (ii) participates in federal student assistance programs under the Higher Education Act
154     of 1965, Title IV, 20 U.S.C. Sec. 1070 et seq.
155          (2) Annually, on or before July 1, an eligible postsecondary institution that receives
156     information about a borrower's education loan shall:
157          (a) notify the borrower that the borrower has an education loan;
158          (b) direct the borrower to the National Student Loan Data System described in 20
159     U.S.C. Sec. 1092b to receive information about the borrower's education loan; and
160          (c) provide the borrower information on how the borrower can access an online
161     repayment calculator.
162          (3) An eligible postsecondary institution does not incur liability for information
163     provided to a borrower in accordance with this section.

164          [(4) On or before the October 2017 interim meeting, the State Board of Regents shall
165     report to the Education Interim Committee on:]
166          [(a) the number of notifications issued under Subsection (2); and]
167          [(b) the feasibility of an eligible postsecondary institution providing annually to each
168     borrower:]
169          [(i) an estimate of the total dollar amount of education loans taken out by the borrower;
170     and]
171          [(ii) for the estimated dollar amount of education loans that the borrower has taken out,
172     an estimate of:]
173          [(A) the potential total payoff amount, including principal and interest;]
174          [(B) the monthly repayment amounts, including principal and interest, that the
175     borrower may incur;]
176          [(C) the number of years used in determining the potential payoff amount; and]
177          [(D) the percentage of the aggregate borrowing limit the borrower has reached.]
178          Section 4. Section 53B-1-301 is enacted to read:
179     
Part 3. Reports

180          53B-1-301. Reports to and actions of the Higher Education Appropriations
181     Subcommittee.
182          (1) In accordance with applicable provisions and Section 68-3-14, the following
183     recurring reports are due to the Higher Education Appropriations Subcommittee:
184          (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
185     Rocky Mountain Center for Occupational and Environmental Health;
186          (b) the report described in Section 53B-7-101 by the board on recommended
187     appropriations for higher education institutions, including the report described in Section
188     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
189          (c) the report described in Section 53B-7-704 by the Department of Workforce
190     Services and the Governor's Office of Economic Development on targeted jobs;

191          (d) the reports described in Section 53B-7-705 by the board and the Utah System of
192     Technical Colleges Board of Trustees, respectively, on performance;
193          (e) the report described in Section 53B-8-113 by the board on the Public Safety Officer
194     Career Advancement Reimbursement Program;
195          (f) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
196     Program;
197          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
198     Services on tuition waivers for wards of the state;
199          (h) the report described in Section 53B-12-107 by the Utah Higher Education
200     Assistance Authority;
201          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
202     Program;
203          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
204     Miners' Hospital for Disabled Miners;
205          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
206     Development on high demand technical jobs projected to support economic growth;
207          (l) the report described in Section 53B-26-202 by the Medical Education Council on
208     projected demand for nursing professionals; and
209          (m) the report described in Section 53E-10-308 by the State Board of Education and
210     State Board of Regents on student participation in the concurrent enrollment program.
211          (2) In accordance with applicable provisions and Section 68-3-14, the following
212     occasional reports are due to the Higher Education Appropriations Subcommittee:
213          (a) upon request, the information described in Section 53B-8a-111 submitted by the
214     Utah Educational Savings Plan;
215          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
216     workforce needs for technical jobs projected to support economic growth;
217          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to

218     projected demand for nursing professionals; and
219          (d) the reports described in Section 63C-19-202 by the Higher Education Strategic
220     Planning Commission on the commission's progress.
221          (3) In accordance with applicable provisions, the Higher Education Appropriations
222     Subcommittee shall complete the following:
223          (a) as required by Section 53B-7-703, the review of performance funding described in
224     Section 53B-7-703;
225          (b) the review described in Section 53B-7-705 of the implementation of performance
226     funding;
227          (c) an appropriation recommendation described in Section 53B-26-103 to fund a
228     proposal responding to workforce needs of a strategic industry cluster;
229          (d) an appropriation recommendation described in Section 53B-26-202 to fund a
230     proposal responding to projected demand for nursing professionals; and
231          (e) review of the report described in Section 63B-10-301 by the University of Utah on
232     the status of a bond and bond payments specified in Section 63B-10-301.
233          Section 5. Section 53B-7-101 is amended to read:
234          53B-7-101. Combined requests for appropriations -- Board review of operating
235     budgets -- Submission of budgets -- Recommendations -- Hearing request --
236     Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs.
237          (1) As used in this section:
238          (a) (i) "Higher education institution" or "institution" means an institution of higher
239     education listed in Section 53B-1-102.
240          (ii) "Higher education institution" or "institution" does not include:
241          (A) the Utah System of Technical Colleges Board of Trustees; or
242          (B) a technical college.
243          (b) "Research university" means the University of Utah or Utah State University.
244          (2) (a) The board shall recommend a combined appropriation for the operating budgets

245     of higher education institutions for inclusion in a state appropriations act.
246          (b) The board's combined budget recommendation shall include:
247          (i) employee compensation;
248          (ii) mandatory costs, including building operations and maintenance, fuel, and power;
249          (iii) performance funding described in Part 7, Performance Funding;
250          (iv) statewide and institutional priorities, including scholarships, financial aid, and
251     technology infrastructure; and
252          (v) enrollment growth.
253          (c) The board's recommendations shall be available for presentation to the governor
254     and to the Legislature at least 30 days before the convening of the Legislature, and shall include
255     schedules showing the recommended amounts for each institution, including separately funded
256     programs or divisions.
257          (d) The recommended appropriations shall be determined by the board only after it has
258     reviewed the proposed institutional operating budgets, and has consulted with the various
259     institutions and board staff in order to make appropriate adjustments.
260          (3) (a) Institutional operating budgets shall be submitted to the board at least 90 days
261     before the convening of the Legislature in accordance with procedures established by the board.
262          (b) Funding requests pertaining to capital facilities and land purchases shall be
263     submitted in accordance with procedures prescribed by the State Building Board.
264          (4) (a) The budget recommendations of the board shall be accompanied by full
265     explanations and supporting data.
266          (b) The appropriations recommended by the board shall be made with the dual
267     objective of:
268          (i) justifying for higher educational institutions appropriations consistent with their
269     needs, and consistent with the financial ability of the state; and
270          (ii) determining an equitable distribution of funds among the respective institutions in
271     accordance with the aims and objectives of the statewide master plan for higher education.

272          (5) (a) The board shall request a hearing with the governor on the recommended
273     appropriations.
274          (b) After the governor delivers his budget message to the Legislature, the board shall
275     request hearings on the recommended appropriations with the [appropriate committees of the
276     Legislature] Higher Education Appropriations Subcommittee.
277          (c) If either the total amount of the state appropriations or its allocation among the
278     institutions as proposed by the Legislature or the [Legislature's committees] Higher Education
279     Appropriations Subcommittee is substantially different from the recommendations of the
280     board, the board may request further hearings with the Legislature or the [Legislature's
281     appropriate committees] Higher Education Appropriations Subcommittee to reconsider both
282     the total amount and the allocation.
283          (6) The board may devise, establish, periodically review, and revise formulas for the
284     board's use and for the use of the governor and [the committees of the Legislature] the Higher
285     Education Appropriations Subcommittee in making appropriation recommendations.
286          (7) (a) The board shall recommend to each session of the Legislature the minimum
287     tuitions, resident and nonresident, for each institution which it considers necessary to
288     implement the budget recommendations.
289          (b) The board may fix the tuition, fees, and charges for each institution at levels the
290     board finds necessary to meet budget requirements.
291          (8) Money allocated to each institution by legislative appropriation may be budgeted in
292     accordance with institutional work programs approved by the board, provided that the
293     expenditures funded by appropriations for each institution are kept within the appropriations
294     for the applicable period.
295          (9) The dedicated credits, including revenues derived from tuitions, fees, federal
296     grants, and proceeds from sales received by the institutions of higher education are
297     appropriated to the respective institutions of higher education and used in accordance with
298     institutional work programs.

299          (10) An institution of higher education may do the institution's own purchasing, issue
300     the institution's own payrolls, and handle the institution's own financial affairs under the
301     general supervision of the board.
302          (11) If the Legislature appropriates money in accordance with this section, the money
303     shall be distributed to the board and higher education institutions to fund the items described in
304     Subsection (2)(b).
305          Section 6. Section 53B-7-706 is amended to read:
306          53B-7-706. Performance metrics for higher education institutions --
307     Determination of performance.
308          (1) (a) The board shall establish a model for determining a higher education
309     institution's performance.
310          (b) The board shall submit a draft of the model described in this section to the Higher
311     Education Appropriations Subcommittee and the governor for comments and
312     recommendations.
313          (2) (a) The model described in Subsection (1) shall include metrics, including:
314          (i) completion, measured by degrees and certificates awarded;
315          (ii) completion by underserved students, measured by degrees and certificates awarded
316     to underserved students;
317          (iii) responsiveness to workforce needs, measured by degrees and certificates awarded
318     in high market demand fields;
319          (iv) institutional efficiency, measured by degrees and certificates awarded per full-time
320     equivalent student; and
321          (v) for a research university, research, measured by total research expenditures.
322          (b) Subject to Subsection (2)(c), the board shall determine the relative weights of the
323     metrics described in Subsection (2)(a).
324          (c) The board shall assign the responsiveness to workforce needs metric described in
325     Subsection (2)(a)(iii) a weight of at least 25% when determining an institution of higher

326     education's performance.
327          (3) For each higher education institution, the board shall annually determine the higher
328     education institution's:
329          (a) performance; and
330          (b) change in performance compared to the higher education institution's average
331     performance over the previous five years.
332          [(4) On or before September 1, 2017, the board shall report to the Higher Education
333     Appropriations Subcommittee on the model described in this section.]
334          [(5)] (4) The board shall use the model described in this section to make the report
335     described in Section 53B-7-705 for determining a higher education institution's performance
336     funding for a fiscal year beginning on or after July 1, 2018.
337          Section 7. Section 53B-7-707 is amended to read:
338          53B-7-707. Performance metrics for technical colleges -- Determination of
339     performance.
340          (1) (a) The Utah System of Technical Colleges Board of Trustees shall establish a
341     model for determining a technical college's performance.
342          (b) The Utah System of Technical Colleges Board of Trustees shall submit a draft of
343     the model described in this section to the Higher Education Appropriations Subcommittee and
344     the governor for comments and recommendations.
345          (2) (a) The model described in Subsection (1) shall include metrics, including:
346          (i) completions, measured by certificates awarded;
347          (ii) short-term occupational training, measured by completions of:
348          (A) short-term occupational training that takes less than 60 hours to complete; and
349          (B) short-term occupational training that takes at least 60 hours to complete;
350          (iii) secondary completions, measured by:
351          (A) completions of competencies sufficient to be recommended for high school credits;
352          (B) certificates awarded to secondary students; and

353          (C) retention of certificate-seeking high school graduates as certificate-seeking
354     postsecondary students;
355          (iv) placements, measured by:
356          (A) total placements in related employment, military service, or continuing education;
357          (B) placements for underserved students; and
358          (C) placements from high impact programs; and
359          (v) institutional efficiency, measured by the number of technical college graduates per
360     900 membership hours.
361          (b) The Utah System of Technical Colleges Board of Trustees shall determine the
362     relative weights of the metrics described in Subsection (2)(a).
363          [(3) On or before September 1, 2017, the Utah System of Technical Colleges Board of
364     Trustees shall report to the Higher Education Appropriations Subcommittee on the model
365     described in this section.]
366          [(4)] (3) (a) For each technical college, the Utah System of Technical Colleges Board
367     of Trustees shall annually determine the technical college's:
368          (i) performance; and
369          (ii) except as provided in Subsection [(4)] (3)(b), change in performance compared to
370     the technical college's average performance over the previous five years.
371          (b) For performance during a fiscal year before fiscal year 2020, if comparable
372     performance data is not available for the previous five years, the Utah System of Technical
373     Colleges Board of Trustees may determine a technical college's change in performance using
374     the average performance over the previous three or four years.
375          Section 8. Section 53B-8-104 is amended to read:
376          53B-8-104. Nonresident partial tuition scholarships.
377          (1) The board may grant a scholarship for partial waiver of the nonresident portion of
378     total tuition charged by public institutions of higher education to nonresident undergraduate
379     students, subject to the limitations provided in this section, if the board determines that the

380     scholarship will:
381          (a) promote mutually beneficial cooperation between Utah communities and nearby
382     communities in states adjacent to Utah;
383          (b) contribute to the quality and desirable cultural diversity of educational programs in
384     Utah institutions;
385          (c) assist in maintaining an adequate level of service and related cost-effectiveness of
386     auxiliary operations in Utah institutions of higher education; and
387          (d) promote enrollment of nonresident students with high academic aptitudes.
388          (2) The board shall establish policy guidelines for the administration by institutions of
389     higher education of any partial tuition scholarships authorized under this section, for evaluating
390     applicants for those scholarships, and for reporting the results of the scholarship program
391     authorized by this section.
392          (3) The policy guidelines promulgated by the board under Subsection (2) shall include
393     the following provisions:
394          (a) the amount of the approved scholarship may not be more than 1/2 of the differential
395     tuition charged to nonresident students for an equal number of credit hours of instruction;
396          (b) a nonresident partial tuition scholarship may be awarded initially only to a
397     nonresident undergraduate student who has not previously been enrolled in a college or
398     university in Utah and who has enrolled full time for 10 or more credit hours, whose legal
399     domicile is within approximately 100 highway miles of the Utah system of higher education
400     institution at which the recipient wishes to enroll or such distance that the regents may
401     establish for any institution;
402          (c) the total number of nonresident partial tuition scholarships granted may not exceed
403     a total of 600 such scholarships in effect at any one time; and
404          (d) the board shall determine eligibility for nonresident partial tuition scholarships on
405     the basis of program availability at an institution and on a competitive basis, using quantifiable
406     measurements such as grade point averages and results of test scores.

407          (4) The board shall submit an annual report and financial analysis of the effects of
408     offering nonresident partial tuition scholarships authorized under this section to the
409     [Legislature] Higher Education Appropriations Subcommittee as part of [its] the board's budget
410     recommendations for the system of higher education.
411          Section 9. Section 53B-8a-111 is amended to read:
412          53B-8a-111. Annual audit of financial statements -- Information to governor and
413     Higher Education Appropriations Subcommittee.
414          (1) The financial statements of the plan shall be audited annually by the state auditor or
415     the state auditor's designee and reported in accordance with generally accepted accounting
416     principles.
417          (2) The plan shall submit to the governor and the [Legislature] Higher Education
418     Appropriations Subcommittee:
419          (a) upon request, any studies or evaluations of the plan;
420          (b) upon request, a summary of the benefits provided by the plan including the number
421     of participants and beneficiaries in the plan; and
422          (c) upon request, any other information which is relevant in order to make a full, fair,
423     and effective disclosure of the operations of the plan.
424          Section 10. Section 53B-8c-104 is amended to read:
425          53B-8c-104. Notice of tuition waiver approval -- Annual appropriation.
426          (1) Upon receiving an application under Subsection 53B-8c-103(1)(c), the department
427     shall determine whether the applicant and the courses for which tuition waiver is sought meet
428     the requirements of Section 53B-8c-103 and, if so, shall approve the application and notify the
429     higher education institution that the application has been approved.
430          (2) The department shall provide the necessary forms and applications and cooperate
431     with the state's institutions of higher education in developing efficient procedures for the
432     implementation of this chapter.
433          [(3) The department shall annually report to the Legislature's Higher Education

434     Appropriations Subcommittee on the number of individuals for whom tuition has been waived
435     at each institution and the total amounts paid under this chapter for the fiscal year.]
436          [(4)] (3) The Legislature may annually appropriate the funds necessary to implement
437     this chapter, including money to offset the tuition waivers at each institution.
438          Section 11. Section 53B-12-107 is amended to read:
439          53B-12-107. Annual report -- Annual audit -- Reimbursement of state auditor.
440          (1) Following the close of each fiscal year, the authority [submits] shall submit an
441     annual report of [its] the authority's activities for the preceding year to the governor and the
442     [Legislature] Higher Education Appropriations Subcommittee.
443          (2) Each report shall include a complete operating and financial statement of the
444     authority during the fiscal year it covers.
445          (3) The state auditor shall at least once in each year audit the books and accounts of the
446     authority or contract with an independent certified public accountant for this audit.
447          (4) The authority shall reimburse the state auditor from its available money for the
448     actual and necessary costs of the audit.
449          Section 12. Section 53B-17-804 is amended to read:
450          53B-17-804. Reporting.
451          (1) (a) The board, through the director and the board chair, shall provide by no later
452     than July 1 of each year, a written report to the president of the university.
453          (b) The report required by this Subsection (1) shall:
454          (i) summarize the center's activities and accomplishments in the immediate proceeding
455     calendar year; and
456          (ii) provide information and the board's advice and recommendations on how the state,
457     university, and the center can:
458          (A) improve workplace health and safety; and
459          (B) contribute to economic growth and development in Utah and the surrounding
460     region.

461          (2) (a) If the center receives in a fiscal year money from the Eddie P. Mayne
462     Workplace Safety and Occupational Health Funding Program provided for in Section
463     34A-2-701, the center shall provide a written report:
464          [(i) by no later than the August 15 following the fiscal year;]
465          [(ii) to the Office of the Legislative Fiscal Analyst;]
466          [(iii) for review by the Higher Education Appropriations Subcommittee;]
467          (i) in conjunction with the reports described in Sections 34A-2-202.5 and 59-9-102.5;
468          [(iv)] (ii) that accounts for the expenditure of money received in the fiscal year by the
469     center from the Eddie P. Mayne Workplace Safety and Occupational Health Funding Program
470     including impact on workplace safety in Utah; and
471          [(v)] (iii) that includes a preliminary statement as to money the center will request from
472     the Eddie P. Mayne Workplace Safety and Occupational Health Funding Program for the fiscal
473     year following the day on which the report is provided.
474          (b) A report provided under this Subsection (2) meets the reporting requirements under
475     Subsection 34A-2-701(5)(b)(i)(B).
476          Section 13. Section 53B-26-103 is amended to read:
477          53B-26-103. GOED reporting requirement -- Proposals -- Funding.
478          (1) Every other year, the Governor's Office of Economic Development shall report to
479     the [Legislature] Higher Education Appropriations Subcommittee, the board, and the Utah
480     System of Technical Colleges Board of Trustees on the high demand technical jobs projected to
481     support economic growth in the following high need strategic industry clusters:
482          (a) aerospace and defense;
483          (b) energy and natural resources;
484          (c) financial services;
485          (d) life sciences;
486          (e) outdoor products;
487          (f) software development and information technology; and

488          (g) any other strategic industry cluster designated by the Governor's Office of
489     Economic Development.
490          (2) To receive funding under this section, an eligible partnership shall submit a
491     proposal containing the elements described in Subsection (3) to the [Legislature] Higher
492     Education Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any
493     succeeding fiscal year.
494          (3) A proposal described in Subsection (2) shall include:
495          (a) a program of instruction that:
496          (i) is responsive to the workforce needs of a strategic industry cluster described in
497     Subsection (1):
498          (A) in one CTE region, for a proposal submitted by a regional partnership; or
499          (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
500          (ii) leads to the attainment of a stackable sequence of credentials; and
501          (iii) includes a non-duplicative progression of courses that include both academic and
502     CTE content;
503          (b) expected student enrollment, attainment rates, and job placement rates;
504          (c) evidence of input and support for the proposal from an industry advisory group;
505          (d) a description of any financial or in-kind contributions for the program from an
506     industry advisory group;
507          (e) a description of the job opportunities available at each exit point in the stackable
508     sequence of credentials;
509          (f) evidence of an official action in support of the proposal from:
510          (i) the Utah System of Technical Colleges Board of Trustees, if the eligible partnership
511     includes a technical college described in Subsection 53B-26-102(10)(a); or
512          (ii) the board, if the eligible partnership includes:
513          (A) an institution of higher education; or
514          (B) a college described in Subsection 53B-26-102(10)(b), (c), or (d);

515          (g) if the program of instruction described in Subsection (3)(a) requires board approval
516     under Section 53B-16-102, evidence of board approval of the program of instruction; and
517          (h) a funding request, including justification for the request.
518          (4) The [Legislature] Higher Education Appropriations Subcommittee shall:
519          (a) review a proposal submitted under this section using the following criteria:
520          (i) the proposal contains the elements described in Subsection (3);
521          (ii) for a proposal from a regional partnership, support for the proposal is widespread
522     within the CTE region; and
523          (iii) the proposal expands the capacity to meet state or regional workforce needs;
524          (b) determine the extent to which to fund the proposal; and
525          (c) [fund] make a recommendation to the Legislature for funding the proposal through
526     the appropriations process.
527          (5) An eligible partnership that receives funding under this section:
528          (a) shall use the money to deliver the program of instruction described in the eligible
529     partnership's proposal; and
530          (b) may not use the money for administration.
531          Section 14. Section 53B-26-202 is amended to read:
532          53B-26-202. Nursing initiative -- Medical Education Council reporting
533     requirement -- Proposals -- Funding.
534          (1) Every even-numbered year, the Medical Education Council created in Section
535     53B-24-302 shall:
536          (a) project the demand, by license classification, for individuals to enter a nursing
537     profession in each region;
538          (b) receive input from at least one medical association in developing the projections
539     described in Subsection (1)(a); and
540          (c) report the projections described in Subsection (1)(a) to:
541          (i) the State Board of Regents;

542          (ii) the Utah System of Technical Colleges Board of Trustees; and
543          (iii) the Higher Education Appropriations Subcommittee.
544          (2) To receive funding under this section, on or before January 5, an eligible program
545     shall submit to the [Legislature] Higher Education Appropriations Subcommittee, through the
546     budget process for the State Board of Regents or the Utah System of Technical Colleges, as
547     applicable, a proposal that describes:
548          (a) a program of instruction offered by the eligible program that is responsive to a
549     projection described in Subsection (1)(a);
550          (b) the following information about the eligible program:
551          (i) expected student enrollment;
552          (ii) attainment rates;
553          (iii) job placement rates; and
554          (iv) passage rates for exams required for licensure for a nursing profession;
555          (c) the instructional cost per full-time equivalent student enrolled in the eligible
556     program;
557          (d) financial or in-kind contributions to the eligible program from:
558          (i) the health care industry; or
559          (ii) an institution; and
560          (e) a funding request, including justification for the request.
561          (3) The [Legislature] Higher Education Appropriations Subcommittee shall:
562          (a) review a proposal submitted under this section using the following criteria:
563          (i) the proposal:
564          (A) contains the elements described in Subsection (2);
565          (B) expands the capacity to meet the projected demand described in Subsection (1)(a);
566     and
567          (C) has health care industry or institution support; and
568          (ii) the program of instruction described in the proposal:

569          (A) is cost effective;
570          (B) has support from the health care industry or an institution; and
571          (C) has high passage rates on exams required for licensure for a nursing profession;
572          (b) determine the extent to which to fund the proposal; and
573          (c) [appropriate] make an appropriation recommendation to the Legislature on the
574     amount of money determined under Subsection (3)(b) to the eligible program's institution.
575          (4) An institution that receives funding under this section shall use the funding to
576     increase the number of students enrolled in the eligible program for which the institution
577     receives funding.
578          (5) On or before November 1, 2020, and annually thereafter, the board shall report to
579     the Higher Education Appropriations Subcommittee on the elements described in Subsection
580     (2) for each eligible program funded under this section.
581          Section 15. Section 53E-1-201 is amended to read:
582          53E-1-201. Reports to and action required of the Education Interim Committee.
583          [Reserved]
584          (1) In accordance with applicable provisions and Section 68-3-14, the following
585     recurring reports are due to the Education Interim Committee:
586          (a) the prioritized list of data research described in Section 35A-14-302 and the report
587     on research described in Section 35A-14-304 by the Utah Data Research Center;
588          (b) the report described in Section 53B-1-103 by the State Board of Regents on career
589     and technical education issues and addressing workforce needs;
590          (c) the report described in Section 53B-1-107 by the State Board of Regents on the
591     activities of the State Board of Regents;
592          (d) the report described in Section 53B-2a-104 by the Utah System of Technical
593     Colleges Board of Trustees on career and technical education issues;
594          (e) the State Superintendent's Annual Report by the state board described in Section
595     53E-1-203;

596          (f) the annual report described in Section 53E-2-202 by the state board on the strategic
597     plan to improve student outcomes;
598          (g) the report described in Section 53E-8-204 by the state board on the Utah Schools
599     for the Deaf and the Blind;
600          (h) the report described in Section 53E-10-703 by the Utah Leading through Effective,
601     Actionable, and Dynamic Education director on research and other activities;
602          (i) the report described in Section 53F-4-203 by the state board and the independent
603     evaluator on an evaluation of early interactive reading software;
604          (j) the report described in Section 53F-4-407 by the state board on UPSTART;
605          (k) the report described in Section 53F-5-307 by the state board and Department of
606     Workforce Services on an independent evaluation of:
607          (i) the Student Access to High Quality School Readiness Programs Grant Program;
608          (ii) the home-based technology high quality school readiness program;
609          (iii) the Intergenerational Poverty School Readiness Scholarship Program; and
610          (iv) early childhood teacher training;
611          (l) the report described in Section 53F-5-405 by an independent evaluator of a
612     partnership that receives a grant to improve educational outcomes for students who are low
613     income; and
614          (m) the report described in Section 63N-12-208 by the STEM Action Center Board,
615     including the information described in Section 63N-12-213 on the status of the computer
616     science initiative and Section 63N-12-214 on the Computing Partnerships Grants Program.
617          (2) In accordance with applicable provisions and Section 68-3-14, the following
618     occasional reports are due to the Education Interim Committee:
619          (a) if required, the report described in Section 53E-4-309 by the state board explaining
620     the reasons for changing the grade level specification for the administration of specific
621     assessments;
622          (b) if required, the report described in Section 53E-5-210 by the state board of an

623     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
624          (c) the report described in Section 53E-10-702 by Utah Leading through Effective,
625     Actionable, and Dynamic Education;
626          (d) the report described in Section 53F-2-502 by the state board on the program
627     evaluation of the dual language immersion program;
628          (e) if required, the report described in Section 53F-2-513 by the state board evaluating
629     the effects of salary bonuses on the recruitment and retention of effective teachers in high
630     poverty schools;
631          (f) upon request, the report described in Section 53F-5-207 by the state board on the
632     Intergenerational Poverty Intervention Grants Program;
633          (g) the report described in Section 53F-5-210 by the state board on the Educational
634     Improvement Opportunities Outside of the Regular School Day Grant Program;
635          (h) if required, for each year of a results-based contract for a high quality school
636     readiness program, the report described in Section 53F-6-310 by the School Readiness Board;
637          (i) upon request, the report described in Section 53G-11-505 by the state board on
638     progress in implementing employee evaluations; and
639          (j) the reports described in Section 63C-19-202 by the Higher Education Strategic
640     Planning Commission.
641          (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
642     complete the review of the implementation of performance funding.
643          Section 16. Section 53E-1-202 is enacted to read:
644          53E-1-202. Reports to and action required of the Public Education
645     Appropriations Subcommittee.
646          (1) In accordance with applicable provisions and Section 68-3-14, the following
647     recurring reports are due to the Public Education Appropriations Subcommittee:
648          (a) the State Superintendent's Annual Report by the state board described in Section
649     53E-1-203;

650          (b) the report described in Section 53E-10-703 by the Utah Leading through Effective,
651     Actionable, and Dynamic Education director on research and other activities; and
652          (c) the report by the STEM Action Center Board described in Section 63N-12-208,
653     including the information described in Section 63N-12-213 on the status of the computer
654     science initiative.
655          (2) The occasional report, described in Section 53F-2-502 by the state board on the
656     program evaluation of the dual language immersion program, is due to the Public Education
657     Appropriations Subcommittee and in accordance with Section 68-3-14.
658          (3) In accordance with applicable provisions, the Public Education Appropriations
659     Subcommittee shall complete the following:
660          (a) the evaluation described in Section 53F-2-410 of funding for at-risk students;
661          (b) the reviews of related to basic school programs as described in Section 53F-2-414;
662     and
663          (c) if required, the study described in Section 53F-4-304 of scholarship payments.
664          Section 17. Section 53E-1-203 is enacted to read:
665          53E-1-203. State Superintendent's Annual Report.
666          (1) The state board shall prepare and submit to the governor, the Education Interim
667     Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
668     year, an annual written report known as the State Superintendent's Annual Report that includes:
669          (a) the operations, activities, programs, and services of the state board;
670          (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
671          (c) data on the general condition of the schools with recommendations considered
672     desirable for specific programs, including:
673          (i) a complete statement of fund balances;
674          (ii) a complete statement of revenues by fund and source;
675          (iii) a complete statement of adjusted expenditures by fund, the status of bonded
676     indebtedness, the cost of new school plants, and school levies;

677          (iv) a complete statement of state funds allocated to each school district and charter
678     school by source, including supplemental appropriations, and a complete statement of
679     expenditures by each school district and charter school, including supplemental appropriations,
680     by function and object as outlined in the United States Department of Education publication
681     "Financial Accounting for Local and State School Systems";
682          (v) a statement that includes data on:
683          (A) fall enrollments;
684          (B) average membership;
685          (C) high school graduates;
686          (D) licensed and classified employees, including data reported by school districts on
687     educator ratings described in Section 53G-11-511;
688          (E) pupil-teacher ratios;
689          (F) average class sizes;
690          (G) average salaries;
691          (H) applicable private school data; and
692          (I) data from statewide assessments described in Section 53E-4-301 for each school
693     and school district;
694          (vi) statistical information regarding incidents of delinquent activity in the schools or at
695     school-related activities; and
696          (vii) other statistical and financial information about the school system that the state
697     superintendent considers pertinent.
698          (2) (a) For the purposes of Subsection (1)(c)(v):
699          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
700     students enrolled in a school by the number of full-time equivalent teachers assigned to the
701     school, including regular classroom teachers, school-based specialists, and special education
702     teachers;
703          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of

704     the schools within a school district;
705          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
706     pupil-teacher ratio of charter schools in the state; and
707          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
708     pupil-teacher ratio of public schools in the state.
709          (b) The report shall:
710          (i) include the pupil-teacher ratio for:
711          (A) each school district;
712          (B) the charter schools aggregated; and
713          (C) the state's public schools aggregated; and
714          (ii) identify a website where pupil-teacher ratios for each school in the state may be
715     accessed.
716          (3) For each operation, activity, program, or service provided by the state board, the
717     annual report shall include:
718          (a) a description of the operation, activity, program, or service;
719          (b) data and metrics:
720          (i) selected and used by the state board to measure progress, performance,
721     effectiveness, and scope of the operation, activity, program, or service, including summary
722     data; and
723          (ii) that are consistent and comparable for each state operation, activity, program, or
724     service;
725          (c) budget data, including the amount and source of funding, expenses, and allocation
726     of full-time employees for the operation, activity, program, or service;
727          (d) historical data from previous years for comparison with data reported under
728     Subsections (3)(b) and (c);
729          (e) goals, challenges, and achievements related to the operation, activity, program, or
730     service;

731          (f) relevant federal and state statutory references and requirements;
732          (g) contact information of officials knowledgeable and responsible for each operation,
733     activity, program, or service; and
734          (h) other information determined by the state board that:
735          (i) may be needed, useful, or of historical significance; or
736          (ii) promotes accountability and transparency for each operation, activity, program, or
737     service with the public and elected officials.
738          (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
739          (i) the report described in Section 53E-3-507 by the state board on career and technical
740     education needs and program access;
741          (ii) through October 1, 2022, the report described in Section 53E-3-515 by the state
742     board on the Hospitality and Tourism Management Career and Technical Education Pilot
743     Program;
744          (iii) beginning on July 1, 2020, the report described in Section 53E-3-516 by the state
745     board on certain incidents that occur on school grounds;
746          (iv) the report described in Section 53E-4-202 by the state board on the development
747     and implementation of the core standards for Utah public schools;
748          (v) the report described in Section 53E-5-310 by the state board on school turnaround
749     and leadership development;
750          (vi) the report described in Section 53E-10-308 by the state board and State Board of
751     Regents on student participation in the concurrent enrollment program;
752          (vii) the report described in Section 53F-2-503 by the state board on early literacy;
753          (viii) the report described in Section 53F-5-506 by the state board on information
754     related to competency-based education;
755          (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
756     and recovery services; and
757          (x) the report described in Section 53G-10-204 by the state board on methods used, and

758     the results being achieved, to instruct and prepare students to become informed and responsible
759     citizens.
760          (b) The Education Interim Committee or the Public Education Appropriations
761     Subcommittee may request a report described in Subsection (4)(a) to be reported separately
762     from the State Superintendent's Annual Report.
763          (5) The annual report shall be designed to provide clear, accurate, and accessible
764     information to the public, the governor, and the Legislature.
765          (6) The state board shall:
766          (a) submit the annual report in accordance with Section 68-3-14; and
767          (b) make the annual report, and previous annual reports, accessible to the public by
768     placing a link to the reports on the state board's website.
769          (7) (a) Upon request of the Education Interim Committee or Public Education
770     Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
771     Report to either committee.
772          (b) After submitting the State Superintendent's Annual Report in accordance with this
773     section, the state board may supplement the report at a later time with updated data,
774     information, or other materials as necessary or upon request by the governor, the Education
775     Interim Committee, or the Public Education Appropriations Subcommittee.
776          Section 18. Section 53E-2-202 is repealed and reenacted to read:
777          53E-2-202. Planning for Utah's public education system.
778          The state board shall:
779          (1) create, maintain, and review on a regular basis a statewide, comprehensive
780     multi-year strategic plan that includes long-term goals for improved student outcomes; and
781          (2) report annually to the Education Interim Committee on or before the committee's
782     November meeting on the strategic plan described in Subsection (1), including progress toward
783     achieving long-term goals.
784          Section 19. Section 53E-3-301 is amended to read:

785          53E-3-301. Appointment -- Qualifications -- Duties.
786          (1) (a) The State Board of Education shall appoint a superintendent of public
787     instruction, hereinafter called the state superintendent, who is the executive officer of the State
788     Board of Education and serves at the pleasure of the State Board of Education.
789          (b) The State Board of Education shall appoint the state superintendent on the basis of
790     outstanding professional qualifications.
791          (c) The state superintendent shall administer all programs assigned to the State Board
792     of Education in accordance with the policies and the standards established by the State Board
793     of Education.
794          (2) The State Board of Education shall, with the state superintendent, develop a
795     statewide education strategy focusing on core academics, including the development of:
796          (a) core standards for Utah public schools and graduation requirements;
797          (b) a process to select model instructional materials that best correlate with the core
798     standards for Utah public schools and graduation requirements that are supported by generally
799     accepted scientific standards of evidence;
800          (c) professional development programs for teachers, superintendents, and principals;
801          (d) model remediation programs;
802          (e) a model method for creating individual student learning targets, and a method of
803     measuring an individual student's performance toward those targets;
804          (f) progress-based assessments for ongoing performance evaluations of school districts
805     and schools;
806          (g) incentives to achieve the desired outcome of individual student progress in core
807     academics that do not create disincentives for setting high goals for the students;
808          (h) an annual report card for school and school district performance, measuring
809     learning and reporting progress-based assessments;
810          (i) a systematic method to encourage innovation in schools and school districts as each
811     strives to achieve improvement in performance; and

812          (j) a method for identifying and sharing best demonstrated practices across school
813     districts and schools.
814          (3) The state superintendent shall perform duties assigned by the State Board of
815     Education, including:
816          (a) investigating all matters pertaining to the public schools;
817          (b) adopting and keeping an official seal to authenticate the state superintendent's
818     official acts;
819          (c) holding and conducting meetings, seminars, and conferences on educational topics;
820          [(d) presenting to the governor and the Legislature each December a report of the
821     public school system for the preceding year that includes:]
822          [(i) data on the general condition of the schools with recommendations considered
823     desirable for specific programs;]
824          [(ii) a complete statement of fund balances;]
825          [(iii) a complete statement of revenues by fund and source;]
826          [(iv) a complete statement of adjusted expenditures by fund, the status of bonded
827     indebtedness, the cost of new school plants, and school levies;]
828          [(v) a complete statement of state funds allocated to each school district and charter
829     school by source, including supplemental appropriations, and a complete statement of
830     expenditures by each school district and charter school, including supplemental appropriations,
831     by function and object as outlined in the United States Department of Education publication
832     "Financial Accounting for Local and State School Systems";]
833          [(vi) a statement that includes data on:]
834          [(A) fall enrollments;]
835          [(B) average membership;]
836          [(C) high school graduates;]
837          [(D) licensed and classified employees, including data reported by school districts on
838     educator ratings pursuant to Section 53G-11-511;]

839          [(E) pupil-teacher ratios;]
840          [(F) average class sizes;]
841          [(G) average salaries;]
842          [(H) applicable private school data; and]
843          [(I) data from statewide assessments described in Section 53E-4-301 for each school
844     and school district;]
845          [(vii) statistical information regarding incidents of delinquent activity in the schools or
846     at school-related activities with separate categories for:]
847          [(A) alcohol and drug abuse;]
848          [(B) weapon possession;]
849          [(C) assaults; and]
850          [(D) arson;]
851          [(viii) information about:]
852          [(A) the development and implementation of the strategy of focusing on core
853     academics;]
854          [(B) the development and implementation of competency-based education and
855     progress-based assessments; and]
856          [(C) the results being achieved under Subsections (3)(d)(viii)(A) and (B), as measured
857     by individual progress-based assessments and a comparison of Utah students' progress with the
858     progress of students in other states using standardized norm-referenced tests as benchmarks;
859     and]
860          [(ix) other statistical and financial information about the school system that the state
861     superintendent considers pertinent;]
862          [(e)] (d) collecting and organizing education data into an automated decision support
863     system to facilitate school district and school improvement planning, accountability reporting,
864     performance recognition, and the evaluation of educational policy and program effectiveness to
865     include:

866          (i) data that are:
867          (A) comparable across schools and school districts;
868          (B) appropriate for use in longitudinal studies; and
869          (C) comprehensive with regard to the data elements required under applicable state or
870     federal law or State Board of Education rule;
871          (ii) features that enable users, most particularly school administrators, teachers, and
872     parents, to:
873          (A) retrieve school and school district level data electronically;
874          (B) interpret the data visually; and
875          (C) draw conclusions that are statistically valid; and
876          (iii) procedures for the collection and management of education data that:
877          (A) require the state superintendent to:
878          (I) collaborate with school districts and charter schools in designing and implementing
879     uniform data standards and definitions;
880          (II) undertake or sponsor research to implement improved methods for analyzing
881     education data;
882          (III) provide for data security to prevent unauthorized access to or contamination of the
883     data; and
884          (IV) protect the confidentiality of data under state and federal privacy laws; and
885          (B) require all school districts and schools to comply with the data collection and
886     management procedures established under Subsection (3)[(e)](d);
887          [(f)] (e) administering and implementing federal educational programs in accordance
888     with Part 8, Implementing Federal or National Education Programs; and
889          [(g)] (f) with the approval of the State Board of Education, preparing and submitting to
890     the governor a budget for the State Board of Education to be included in the budget that the
891     governor submits to the Legislature.
892          (4) The state superintendent shall distribute funds deposited in the Autism Awareness

893     Restricted Account created in Section 53F-9-401 in accordance with the requirements of
894     Section 53F-9-401.
895          (5) Upon leaving office, the state superintendent shall deliver to the state
896     superintendent's successor all books, records, documents, maps, reports, papers, and other
897     articles pertaining to the state superintendent's office.
898          [(6) (a) For the purposes of Subsection (3)(d)(vi):]
899          [(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
900     students enrolled in a school by the number of full-time equivalent teachers assigned to the
901     school, including regular classroom teachers, school-based specialists, and special education
902     teachers;]
903          [(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio
904     of the schools within a school district;]
905          [(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
906     pupil-teacher ratio of charter schools in the state; and]
907          [(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
908     pupil-teacher ratio of public schools in the state.]
909          [(b) The printed copy of the report required by Subsection (3)(d) shall:]
910          [(i) include the pupil-teacher ratio for:]
911          [(A) each school district;]
912          [(B) the charter schools aggregated; and]
913          [(C) the state's public schools aggregated; and]
914          [(ii) identify a website where pupil-teacher ratios for each school in the state may be
915     accessed.]
916          Section 20. Section 53E-3-507 is amended to read:
917          53E-3-507. Powers of the board.
918          The State Board of Education:
919          (1) shall establish minimum standards for career and technical education programs in

920     the public education system;
921          (2) may apply for, receive, administer, and distribute funds made available through
922     programs of federal and state governments to promote and aid career and technical education;
923          (3) shall cooperate with federal and state governments to administer programs that
924     promote and maintain career and technical education;
925          (4) shall cooperate with the Utah System of Technical Colleges Board of Trustees, Salt
926     Lake Community College's School of Applied Technology, Snow College, and Utah State
927     University Eastern to ensure that students in the public education system have access to career
928     and technical education at Utah System of Technical Colleges technical colleges, Salt Lake
929     Community College's School of Applied Technology, Snow College, and Utah State University
930     Eastern;
931          (5) shall require that before a minor student may participate in clinical experiences as
932     part of a health care occupation program at a high school or other institution to which the
933     student has been referred, the student's parent or legal guardian has:
934          (a) been first given written notice through appropriate disclosure when registering and
935     prior to participation that the program contains a clinical experience segment in which the
936     student will observe and perform specific health care procedures that may include personal
937     care, patient bathing, and bathroom assistance; and
938          (b) provided specific written consent for the student's participation in the program and
939     clinical experience; and
940          (6) shall, after consulting with school districts, charter schools, the Utah System of
941     Technical Colleges Board of Trustees, Salt Lake Community College's School of Applied
942     Technology, Snow College, and Utah State University Eastern, prepare and submit an annual
943     report [to the governor and to the Legislature's Education Interim Committee by October 31 of
944     each year] in accordance with Section 53E-1-203 detailing:
945          (a) how the career and technical education needs of secondary students are being met;
946     and

947          (b) the access secondary students have to programs offered:
948          (i) at technical colleges; and
949          (ii) within the regions served by Salt Lake Community College's School of Applied
950     Technology, Snow College, and Utah State University Eastern.
951          Section 21. Section 53E-3-515 is amended to read:
952          53E-3-515. Hospitality and Tourism Management Career and Technical
953     Education Pilot Program.
954          (1) As used in this section:
955          (a) "Board" means the State Board of Education.
956          (b) "Local education agency" means a school district or charter school.
957          (c) "Pilot program" means the Hospitality and Tourism Management Career and
958     Technical Education Pilot Program created under Subsection (2).
959          (2) There is created a Hospitality and Tourism Management Career and Technical
960     Education Pilot Program to provide instruction that a local education agency may offer to a
961     student in any of grades 9 through 12 on:
962          (a) the information and skills required for operational level employee positions in
963     hospitality and tourism management, including:
964          (i) hospitality soft skills;
965          (ii) operational areas of the hospitality industry;
966          (iii) sales and marketing; and
967          (iv) safety and security; and
968          (b) the leadership and managerial responsibilities, knowledge, and skills required by an
969     entry-level leader in hospitality and tourism management, including:
970          (i) hospitality leadership skills;
971          (ii) operational leadership;
972          (iii) managing food and beverage operations; and
973          (iv) managing business operations.

974          (3) The instruction described in Subsection (2) may be delivered in a public school
975     using live instruction, video, or online materials.
976          (4) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
977     shall select one or more providers to supply materials and curriculum for the pilot program.
978          (b) The board may seek recommendations from trade associations and other entities
979     that have expertise in hospitality and tourism management regarding potential providers of
980     materials and curriculum for the pilot program.
981          (5) (a) A local education agency may apply to the board to participate in the pilot
982     program.
983          (b) The board shall select participants in the pilot program.
984          (c) A local education agency that participates in the pilot program shall use the
985     materials and curriculum supplied by a provider selected under Subsection (4).
986          (6) The board shall evaluate the pilot program and provide an annual written report [to
987     the Education Interim Committee] in accordance with Section 53E-1-203 and to the Economic
988     Development and Workforce Services Interim Committee on or before October 1 describing:
989          (a) how many local education agencies and how many students are participating in the
990     pilot program; and
991          (b) any recommended changes to the pilot program.
992          Section 22. Section 53E-3-516 is amended to read:
993          53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
994     authority.
995          (1) As used in this section:
996          (a) "Disciplinary action" means an action by a public school meant to formally
997     discipline a student of that public school that includes a suspension or expulsion.
998          (b) "Law enforcement agency" means the same as that term is defined in Section
999     77-7a-103.
1000          (c) "Minor" means the same as that term is defined in Section 53G-6-201.

1001          (d) "Other law enforcement activity" means a significant law enforcement interaction
1002     with a minor that does not result in an arrest, including:
1003          (i) a search and seizure by an SRO;
1004          (ii) issuance of a criminal citation;
1005          (iii) issuance of a ticket or summons;
1006          (iv) filing a delinquency petition; or
1007          (v) referral to a probation officer.
1008          (e) "School is in session" means the hours of a day during which a public school
1009     conducts instruction for which student attendance is counted toward calculating average daily
1010     membership.
1011          (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
1012     clinic, or other event or activity that is authorized by a specific public school, according to local
1013     board policy, and satisfies at least one of the following conditions:
1014          (A) the activity is managed or supervised by a school district, public school, or public
1015     school employee;
1016          (B) the activity uses the school district or public school facilities, equipment, or other
1017     school resources; or
1018          (C) the activity is supported or subsidized, more than inconsequentially, by public
1019     funds, including the public school's activity funds or minimum school program dollars.
1020          (ii) "School-sponsored activity" includes preparation for and involvement in a public
1021     performance, contest, athletic competition, demonstration, display, or club activity.
1022          (g) "Student resource officer" or "SRO" means the same as that term is defined in
1023     Section 53G-8-701.
1024          (2) Beginning on July 1, 2020, the State Board of Education, in collaboration with
1025     school districts, charter schools, and law enforcement agencies, shall develop an annual report
1026     regarding the following incidents that occur on school grounds while school is in session or
1027     during a school-sponsored activity:

1028          (a) arrests of a minor;
1029          (b) other law enforcement activities; and
1030          (c) disciplinary actions.
1031          (3) The report described in Subsection (2) shall include the following information by
1032     school district and charter school:
1033          (a) the number of arrests of a minor, including the reason why the minor was arrested;
1034          (b) the number of other law enforcement activities, including the following information
1035     for each incident:
1036          (i) the reason for the other law enforcement activity; and
1037          (ii) the type of other law enforcement activity used;
1038          (c) the number of disciplinary actions imposed, including:
1039          (i) the reason for the disciplinary action; and
1040          (ii) the type of disciplinary action; and
1041          (d) the number of SROs employed.
1042          (4) The report described in Subsection (2) shall include the following information, in
1043     aggregate, for each element described in Subsections (3)(a) through (c):
1044          (a) age;
1045          (b) grade level;
1046          (c) race;
1047          (d) sex; and
1048          (e) disability status.
1049          (5) Information included in the annual report described in Subsection (2) shall comply
1050     with:
1051          (a) Chapter 9, Part 3, Student Data Protection Act;
1052          (b) Chapter 9, Part 2, Student Privacy; and
1053          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
1054          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

1055     State Board of Education shall make rules to compile the report described in Subsection (2).
1056          (7) The State Board of Education shall provide the report described in Subsection (2)
1057     [to the Education Interim Committee before November 1 of each year] in accordance with
1058     Section 53E-1-203 for incidents that occurred during the previous school year.
1059          Section 23. Section 53E-4-202 is amended to read:
1060          53E-4-202. Core standards for Utah public schools.
1061          (1) (a) In establishing minimum standards related to curriculum and instruction
1062     requirements under Section 53E-3-501, the State Board of Education shall, in consultation with
1063     local school boards, school superintendents, teachers, employers, and parents implement core
1064     standards for Utah public schools that will enable students to, among other objectives:
1065          (i) communicate effectively, both verbally and through written communication;
1066          (ii) apply mathematics; and
1067          (iii) access, analyze, and apply information.
1068          (b) Except as provided in this public education code, the State Board of Education may
1069     recommend but may not require a local school board or charter school governing board to use:
1070          (i) a particular curriculum or instructional material; or
1071          (ii) a model curriculum or instructional material.
1072          (2) The State Board of Education shall, in establishing the core standards for Utah
1073     public schools:
1074          (a) identify the basic knowledge, skills, and competencies each student is expected to
1075     acquire or master as the student advances through the public education system; and
1076          (b) align with each other the core standards for Utah public schools and the
1077     assessments described in Section 53E-4-303.
1078          (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
1079     (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
1080     continual progress within and between grade levels and courses in the basic academic areas of:
1081          (a) English, including explicit phonics, spelling, grammar, reading, writing,

1082     vocabulary, speech, and listening; and
1083          (b) mathematics, including basic computational skills.
1084          (4) Before adopting core standards for Utah public schools, the State Board of
1085     Education shall:
1086          (a) publicize draft core standards for Utah public schools on the State Board of
1087     Education's website and the Utah Public Notice website created under Section 63F-1-701;
1088          (b) invite public comment on the draft core standards for Utah public schools for a
1089     period of not less than 90 days; and
1090          (c) conduct three public hearings that are held in different regions of the state on the
1091     draft core standards for Utah public schools.
1092          (5) Local school boards shall design their school programs, that are supported by
1093     generally accepted scientific standards of evidence, to focus on the core standards for Utah
1094     public schools with the expectation that each program will enhance or help achieve mastery of
1095     the core standards for Utah public schools.
1096          (6) Except as provided in Section 53G-10-402, each school may select instructional
1097     materials and methods of teaching, that are supported by generally accepted scientific standards
1098     of evidence, that the school considers most appropriate to meet the core standards for Utah
1099     public schools.
1100          (7) The state may exit any agreement, contract, memorandum of understanding, or
1101     consortium that cedes control of the core standards for Utah public schools to any other entity,
1102     including a federal agency or consortium, for any reason, including:
1103          (a) the cost of developing or implementing the core standards for Utah public schools;
1104          (b) the proposed core standards for Utah public schools are inconsistent with
1105     community values; or
1106          (c) the agreement, contract, memorandum of understanding, or consortium:
1107          (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
1108     Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;

1109          (ii) conflicts with Utah law;
1110          (iii) requires Utah student data to be included in a national or multi-state database;
1111          (iv) requires records of teacher performance to be included in a national or multi-state
1112     database; or
1113          (v) imposes curriculum, assessment, or data tracking requirements on home school or
1114     private school students.
1115          (8) The State Board of Education shall [annually report to the Education Interim
1116     Committee] submit a report in accordance with Section 53E-1-203 on the development and
1117     implementation of the core standards for Utah public schools, including the time line
1118     established for the review of the core standards for Utah public schools by a standards review
1119     committee and the recommendations of a standards review committee established under
1120     Section 53E-4-203.
1121          Section 24. Section 53E-4-309 is amended to read:
1122          53E-4-309. Grade level specification change.
1123          (1) The board may change a grade level specification for the administration of specific
1124     assessments under this part to a different grade level specification or a competency-based
1125     specification if the specification is more consistent with patterns of school organization.
1126          (2) (a) If the board changes a grade level specification described in Subsection (1), the
1127     board shall submit a report to the [Legislature] Education Interim Committee explaining the
1128     reasons for changing the grade level specification.
1129          (b) The board shall submit the report at least six months before the anticipated change.
1130          Section 25. Section 53E-5-310 is amended to read:
1131          53E-5-310. Reporting requirement.
1132          [On or before November 30 of each year,] In accordance with Section 53E-1-203, the
1133     board shall report [to the Education Interim Committee] on the provisions of this part.
1134          Section 26. Section 53E-8-204 is amended to read:
1135          53E-8-204. Authority of the State Board of Education -- Rulemaking --

1136     Superintendent -- Advisory Council.
1137          (1) The State Board of Education is the governing board of the Utah Schools for the
1138     Deaf and the Blind.
1139          (2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
1140     the Blind.
1141          (b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
1142     Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
1143     of the superintendent for the Utah Schools for the Deaf and the Blind.
1144          (3) The superintendent shall:
1145          (a) subject to the approval of the board, appoint an associate superintendent to
1146     administer the Utah School for the Deaf based on:
1147          (i) demonstrated competency as an expert educator of deaf persons; and
1148          (ii) knowledge of school management and the instruction of deaf persons;
1149          (b) subject to the approval of the board, appoint an associate superintendent to
1150     administer the Utah School for the Blind based on:
1151          (i) demonstrated competency as an expert educator of blind persons; and
1152          (ii) knowledge of school management and the instruction of blind persons, including an
1153     understanding of the unique needs and education of deafblind persons.
1154          (4) (a) The board shall:
1155          (i) establish an Advisory Council for the Utah Schools for the Deaf and the Blind and
1156     appoint no more than 11 members to the advisory council;
1157          (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1158     Rulemaking Act, regarding the operation of the advisory council; and
1159          (iii) receive and consider the advice and recommendations of the advisory council but
1160     is not obligated to follow the recommendations of the advisory council.
1161          (b) The advisory council described in Subsection (4)(a) shall include at least:
1162          (i) two members who are blind;

1163          (ii) two members who are deaf; and
1164          (iii) two members who are deafblind or parents of a deafblind child.
1165          (5) The board shall approve the annual budget and expenditures of the Utah Schools
1166     for the Deaf and the Blind.
1167          (6) (a) [On or before the November interim meeting each year, the] The board shall
1168     submit a report [to the Education Interim Committee] in accordance with Section 53E-1-201 on
1169     the Utah Schools for the Deaf and the Blind.
1170          (b) The board shall ensure that the report described in Subsection (6)(a) includes:
1171          (i) a financial report;
1172          (ii) a report on the activities of the superintendent and associate superintendents;
1173          (iii) a report on activities to involve parents and constituency and advocacy groups in
1174     the governance of the school; and
1175          (iv) a report on student achievement, including:
1176          (A) longitudinal student achievement data for both current and previous students served
1177     by the Utah Schools for the Deaf and the Blind;
1178          (B) graduation rates; and
1179          (C) a description of the educational placement of students exiting the Utah Schools for
1180     the Deaf and the Blind.
1181          Section 27. Section 53E-10-308 is amended to read:
1182          53E-10-308. Reporting.
1183          The State Board of Education and the State Board of Regents shall submit an annual
1184     written report to the Higher Education Appropriations Subcommittee and [the Public Education
1185     Appropriations Subcommittee] in accordance with Section 53E-1-203 on student participation
1186     in the concurrent enrollment program, including:
1187          (1) data on the higher education tuition not charged due to the hours of higher
1188     education credit granted through concurrent enrollment;
1189          (2) tuition or fees charged under Section 53E-10-305;

1190          (3) an accounting of the money appropriated for concurrent enrollment; and
1191          (4) a justification of the distribution method described in Subsections 53F-2-409(3)(d)
1192     and (e).
1193          Section 28. Section 53E-10-702 is amended to read:
1194          53E-10-702. ULEAD established -- Duties -- Funding.
1195          There is created the Utah Leading through Effective, Actionable, and Dynamic
1196     Education, a collaborative effort in research and innovation between the director, participating
1197     institutions, and education leaders to:
1198          (1) gather and explain current education research in an electronic research
1199     clearinghouse for use by practitioners;
1200          (2) initiate and disseminate research reports on innovative and successful practices by
1201     Utah LEAs, and guided by the steering committee, practitioners, and policymakers;
1202          (3) promote statewide innovation and collaboration by:
1203          (a) identifying experts in areas of practice;
1204          (b) conducting conferences, webinars, and online forums for practitioners; and
1205          (c) facilitating direct collaboration between schools; and
1206          (4) (a) report to the [Legislature] Education Interim Committee and policymakers on
1207     innovative and successful K-12 practices; and
1208          (b) in the report, propose policy changes to remove barriers to implementation of
1209     successful practices.
1210          Section 29. Section 53E-10-703 is amended to read:
1211          53E-10-703. ULEAD director -- Qualification and employment -- Duties --
1212     Reporting -- Annual conference.
1213          (1) The ULEAD director shall:
1214          (a) (i) hold a doctorate degree in education or an equivalent degree; and
1215          (ii) have demonstrated experience in research and dissemination of best practices in
1216     education; and

1217          (b) (i) be a full-time employee; and
1218          (ii) report to the state superintendent of public instruction.
1219          (2) The state superintendent shall:
1220          (a) evaluate the director's performance annually;
1221          (b) report on the director's performance to the selection committee; and
1222          (c) provide space for the director and the director's staff.
1223          (3) The director may hire staff, using only money specifically appropriated to ULEAD.
1224          (4) The director shall perform the following duties and functions:
1225          (a) gather current research on innovative and effective practices in K-12 education for
1226     use by policymakers and practitioners;
1227          (b) facilitate collaboration between LEAs, higher education researchers, and
1228     practitioners by:
1229          (i) sharing innovative and effective practices shown to improve student learning;
1230          (ii) identifying experts in specific areas of practice; and
1231          (iii) maintaining a research clearinghouse and directory of researchers; and
1232          (c) analyze barriers to replication or adaption of innovative and successful practices
1233     studied by ULEAD or contributed to the ULEAD research clearinghouse.
1234          (5) The director shall:
1235          (a) prioritize reports and other research based on recommendations of the steering
1236     committee in accordance with Subsection 53E-10-707(5), and after consulting with individuals
1237     described in Subsection 53E-10-707(6);
1238          (b) identify Utah LEAs, or schools outside the public school system, that are:
1239          (i) innovative in specific areas of practice; and
1240          (ii) more effective or efficient than comparable LEAs in improving student learning;
1241          (c) establish criteria for innovative practice reports to be performed by participating
1242     institutions and included in the research clearinghouse, including report templates;
1243          (d) arrange with participating institutions to generate innovative practice reports on

1244     effective and innovative K-12 education practices; and
1245          (e) (i) disseminate each innovative practice report to LEAs; and
1246          (ii) publish innovative practice reports on the ULEAD website.
1247          (6) In an innovative practice report, a participating institution shall:
1248          (a) include or reference a review of research regarding the practice in which the subject
1249     LEA has demonstrated success;
1250          (b) identify through academically acceptable, evidence-based research methods the
1251     causes of the LEA's successful practice;
1252          (c) identify opportunities for LEAs to adopt or customize innovative or best practices;
1253          (d) address limitations to successful replication or adaptation of the successful practice
1254     by other LEAs, which may include barriers arising from federal or state law, state or LEA
1255     policy, socioeconomic conditions, or funding limitations;
1256          (e) include practical templates for successful replication and adaptation of successful
1257     practices, following criteria established by the director;
1258          (f) identify experts in the successful practice that is the subject of the innovative
1259     practice report, including teachers or administrators at the subject LEA; and
1260          (g) include:
1261          (i) an executive summary describing the innovative practice report; and
1262          (ii) a video component or other elements designed to ensure that an innovative practice
1263     report is readily understandable by practitioners.
1264          (7) The director may, if requested by an LEA leader or policymaker, conduct an
1265     evidence-based review of a possible innovation in an area of practice.
1266          (8) The director may also accept innovative practice reports from trained practitioners
1267     that meet the criteria set by the director.
1268          (9) The director or a participating institution, to enable successful replication or
1269     adaption of successful practices, may recommend to:
1270          (a) the Legislature, amendments to state law; or

1271          (b) the board, revisions to board rule or policy.
1272          (10) The director shall:
1273          (a) report on the activities of ULEAD annually to the board; and
1274          (b) provide reports or other information to the board upon board request.
1275          (11) The director shall:
1276          (a) prepare an annual report on ULEAD research and other activities;
1277          (b) [on or before September 30, submit the annual report:]
1278          [(i) to the Education Interim Committee and the Public Education Appropriations
1279     Subcommittee; and]
1280          [(ii) in accordance with Section 68-3-14;] submit the report in accordance with Section
1281     53E-1-201 and 53E-1-202;
1282          (c) publish the annual report on the ULEAD website; and
1283          (d) disseminate the report to LEAs through electronic channels.
1284          (12) The director shall facilitate and conduct an annual conference on successful and
1285     innovative K-12 education practices, featuring:
1286          (a) Utah education leaders; and
1287          (b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
1288     and other ULEAD activities, or other innovative and successful education practices.
1289          Section 30. Section 53F-2-309 is amended to read:
1290          53F-2-309. Appropriation for intensive special education costs.
1291          (1) As used in this section:
1292          (a) "Board" means the State Board of Education.
1293          (b) "Local education agency" or "LEA" means:
1294          (i) a school district;
1295          (ii) a charter school; or
1296          (iii) the Utah Schools for the Deaf and the Blind.
1297          (2) (a) [On or before February 1, 2017, the] The board shall, in accordance with Title

1298     63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing a distribution
1299     formula to allocate money appropriated to the board for Special Education -- Intensive Services
1300     that allocate to an LEA:
1301          (i) 50% of the appropriation based on the highest cost students with disabilities; and
1302          (ii) 50% of the appropriation based on the highest impact to an LEA due to high cost
1303     students with disabilities.
1304          (b) [Beginning with the 2017-18 school year, the] The board shall allocate money
1305     appropriated to the board for Special Education -- Intensive Services in accordance with rules
1306     described in Subsection (2)(a).
1307          [(3) Before initiating the rulemaking process under Subsection (2)(a), the board shall
1308     present the proposed rule to the Public Education Appropriations Subcommittee or Education
1309     Interim Committee.]
1310          Section 31. Section 53F-2-503 is amended to read:
1311          53F-2-503. Early Literacy Program -- Literacy proficiency plan.
1312          (1) As used in this section:
1313          (a) "Board" means the State Board of Education.
1314          (b) "Program" means the Early Literacy Program.
1315          (c) "Program money" means:
1316          (i) school district revenue allocated to the program from other money available to the
1317     school district, except money provided by the state, for the purpose of receiving state funds
1318     under this section; and
1319          (ii) money appropriated by the Legislature to the program.
1320          (2) The Early Literacy Program consists of program money and is created to
1321     supplement other school resources for early literacy.
1322          (3) Subject to future budget constraints, the Legislature may annually appropriate
1323     money to the Early Literacy Program.
1324          (4) (a) A local education board of a school district or a charter school that serves

1325     students in any of grades kindergarten through grade 3 shall submit a plan to the board for
1326     literacy proficiency improvement that incorporates the following components:
1327          (i) core instruction in:
1328          (A) phonological awareness;
1329          (B) phonics;
1330          (C) fluency;
1331          (D) comprehension;
1332          (E) vocabulary;
1333          (F) oral language; and
1334          (G) writing;
1335          (ii) intervention strategies that are aligned to student needs;
1336          (iii) professional development for classroom teachers, literacy coaches, and
1337     interventionists in kindergarten through grade 3;
1338          (iv) assessments that support adjustments to core and intervention instruction;
1339          (v) a growth goal for the school district or charter school that:
1340          (A) is based upon student learning gains as measured by benchmark assessments
1341     administered pursuant to Section 53E-4-307; and
1342          (B) includes a target of at least 60% of all students in grades 1 through 3 meeting the
1343     growth goal;
1344          (vi) at least two goals that are specific to the school district or charter school that:
1345          (A) are measurable;
1346          (B) address current performance gaps in student literacy based on data; and
1347          (C) include specific strategies for improving outcomes; and
1348          (vii) if a school uses interactive literacy software, the use of interactive literacy
1349     software, including early interactive reading software described in Section 53F-4-203.
1350          (b) A local education board shall approve a plan described in Subsection (4)(a) in a
1351     public meeting before submitting the plan to the board.

1352          (c) The board shall provide model plans that a local education board may use, or a
1353     local education board may develop the local education board's own plan.
1354          (d) A plan developed by a local education board shall be approved by the board.
1355          (e) The board shall develop uniform standards for acceptable growth goals that a local
1356     education board adopts for a school district or charter school as described in this Subsection
1357     (4).
1358          (5) (a) There are created within the Early Literacy Program three funding programs:
1359          (i) the Base Level Program;
1360          (ii) the Guarantee Program; and
1361          (iii) the Low Income Students Program.
1362          (b) The board may use up to $7,500,000 from an appropriation described in Subsection
1363     (3) for computer-assisted instructional learning and assessment programs.
1364          (6) Money appropriated to the board for the Early Literacy Program and not used by the
1365     board for computer-assisted instructional learning and assessments described in Subsection
1366     (5)(b) shall be allocated to the three funding programs as follows:
1367          (a) 8% to the Base Level Program;
1368          (b) 46% to the Guarantee Program; and
1369          (c) 46% to the Low Income Students Program.
1370          (7) (a) For a school district or charter school to participate in the Base Level Program,
1371     the local education board shall submit a plan described in Subsection (4) and shall receive
1372     approval of the plan from the board.
1373          (b) (i) The local school board of a school district qualifying for Base Level Program
1374     funds and the governing boards of qualifying elementary charter schools combined shall
1375     receive a base amount.
1376          (ii) The base amount for the qualifying elementary charter schools combined shall be
1377     allocated among each charter school in an amount proportionate to:
1378          (A) each existing charter school's prior year fall enrollment in grades kindergarten

1379     through grade 3; and
1380          (B) each new charter school's estimated fall enrollment in grades kindergarten through
1381     grade 3.
1382          (8) (a) A local school board that applies for program money in excess of the Base Level
1383     Program funds may choose to first participate in the Guarantee Program or the Low Income
1384     Students Program.
1385          (b) A school district shall fully participate in either the Guarantee Program or the Low
1386     Income Students Program before the local school board may elect for the school district to
1387     either fully or partially participate in the other program.
1388          (c) For a school district to fully participate in the Guarantee Program, the local school
1389     board shall allocate to the program money available to the school district, except money
1390     provided by the state, equal to the amount of revenue that would be generated by a tax rate of
1391     .000056.
1392          (d) For a school district to fully participate in the Low Income Students Program, the
1393     local school board shall allocate to the program money available to the school district, except
1394     money provided by the state, equal to the amount of revenue that would be generated by a tax
1395     rate of .000065.
1396          (e) (i) The board shall verify that a local school board allocates the money required in
1397     accordance with Subsections (8)(c) and (d) before the board distributes funds in accordance
1398     with this section.
1399          (ii) The State Tax Commission shall provide the board the information the board needs
1400     in order to comply with Subsection (8)(e)(i).
1401          (9) (a) Except as provided in Subsection (9)(c), the local school board of a school
1402     district that fully participates in the Guarantee Program shall receive state funds in an amount
1403     that is:
1404          (i) equal to the difference between $21 multiplied by the school district's total WPUs
1405     and the revenue the local school board is required to allocate under Subsection (8)(c) for the

1406     school district to fully participate in the Guarantee Program; and
1407          (ii) not less than $0.
1408          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
1409     under the Guarantee Program an amount equal to $21 times the elementary charter school's
1410     total WPUs.
1411          (c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and
1412     (b) to account for actual appropriations and money used by the board for computer-assisted
1413     instructional learning and assessments.
1414          (10) The board shall distribute Low Income Students Program funds in an amount
1415     proportionate to the number of students in each school district or charter school who qualify for
1416     free or reduced price school lunch multiplied by two.
1417          (11) A school district that partially participates in the Guarantee Program or Low
1418     Income Students Program shall receive program funds based on the amount of school district
1419     revenue allocated to the program as a percentage of the amount of revenue that could have been
1420     allocated if the school district had fully participated in the program.
1421          (12) (a) A local education board shall use program money for early literacy
1422     interventions and supports in kindergarten through grade 3 that have proven to significantly
1423     increase the percentage of students who are proficient in literacy, including:
1424          (i) evidence-based intervention curriculum;
1425          (ii) literacy assessments that identify student learning needs and monitor learning
1426     progress; or
1427          (iii) focused literacy interventions that may include:
1428          (A) the use of reading specialists or paraprofessionals;
1429          (B) tutoring;
1430          (C) before or after school programs;
1431          (D) summer school programs; or
1432          (E) the use of interactive computer software programs for literacy instruction and

1433     assessments for students.
1434          (b) A local education board may use program money for portable technology devices
1435     used to administer literacy assessments.
1436          (c) Program money may not be used to supplant funds for existing programs, but may
1437     be used to augment existing programs.
1438          (13) (a) A local education board shall annually submit a report to the board accounting
1439     for the expenditure of program money in accordance with the local education board's plan
1440     described in Subsection (4).
1441          (b) If a local education board uses program money in a manner that is inconsistent with
1442     Subsection (12), the school district or charter school is liable for reimbursing the board for the
1443     amount of program money improperly used, up to the amount of program money received from
1444     the board.
1445          (14) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1446     the board shall make rules to implement the program.
1447          (b) (i) The rules under Subsection (14)(a) shall require each local education board to
1448     annually report progress in meeting goals described in Subsections (4)(a)(v) and (vi), including
1449     the strategies the school district or charter school uses to address the goals.
1450          (ii) If a school district or charter school does not meet or exceed the school district's or
1451     charter school's goals described in Subsection (4)(a)(v) or (vi), the local education board shall
1452     prepare a new plan that corrects deficiencies.
1453          (iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the board
1454     before the local education board receives an allocation for the next year.
1455          (15) (a) The board shall:
1456          (i) develop strategies to provide support for a school district or charter school that fails
1457     to meet a goal described in Subsection (4)(a)(v) or (vi); and
1458          (ii) provide increasing levels of support to a school district or charter school that fails
1459     to meet a goal described in Subsection (4)(a)(v) or (vi) for two consecutive years.

1460          (b) (i) The board shall use a digital reporting platform to provide information to school
1461     districts and charter schools about interventions that increase proficiency in literacy.
1462          (ii) The digital reporting platform shall include performance information for a school
1463     district or charter school on the goals described in [Subsection] Subsections (4)(a)(v) and (vi).
1464          (16) The board may use up to 3% of the funds appropriated by the Legislature to carry
1465     out the provisions of this section for administration of the program.
1466          (17) The board shall make an annual report [to the Public Education Appropriations
1467     Subcommittee] in accordance with Section 53E-1-203 that:
1468          (a) includes information on:
1469          (i) student learning gains in early literacy for the past school year and the five-year
1470     trend;
1471          (ii) the percentage of grade 3 students who are proficient in English language arts in the
1472     past school year and the five-year trend;
1473          (iii) the progress of school districts and charter schools in meeting goals described in a
1474     plan described in Subsection (4)(a); and
1475          (iv) the specific strategies or interventions used by school districts or charter schools
1476     that have significantly improved early grade literacy proficiency; and
1477          (b) may include recommendations on how to increase the percentage of grade 3
1478     students who are proficient in English language arts, including how to use a strategy or
1479     intervention described in Subsection (17)(a)(iv) to improve literacy proficiency for additional
1480     students.
1481          (18) The report described in Subsection (17) shall include information provided
1482     through the digital reporting platform described in Subsection (15)(b).
1483          Section 32. Section 53F-2-508 is amended to read:
1484          53F-2-508. Student Leadership Skills Development Program.
1485          (1) For purposes of this section:
1486          (a) "Board" means the State Board of Education.

1487          (b) "Program" means the Student Leadership Skills Development Program created in
1488     Subsection (2).
1489          (2) There is created the Student Leadership Skills Development Program to develop
1490     student behaviors and skills that enhance a school's learning environment and are vital for
1491     success in a career, including:
1492          (a) communication skills;
1493          (b) teamwork skills;
1494          (c) interpersonal skills;
1495          (d) initiative and self-motivation;
1496          (e) goal setting skills;
1497          (f) problem solving skills; and
1498          (g) creativity.
1499          (3) (a) The board shall administer the program and award grants to elementary schools
1500     that apply for a grant on a competitive basis.
1501          (b) The board may award a grant of:
1502          (i) up to $10,000 per school for the first year a school participates in the program; and
1503          (ii) up to $20,000 per school for subsequent years a school participates in the program.
1504          (c) (i) After awarding a grant to a school for a particular year, the board may not
1505     change the grant amount awarded to the school for that year.
1506          (ii) The board may award a school a different amount in subsequent years.
1507          (4) An elementary school may participate in the program established under this section
1508     in accordance with State Board of Education rules, made in accordance with Title 63G,
1509     Chapter 3, Utah Administrative Rulemaking Act.
1510          (5) In selecting elementary schools to participate in the program, the board shall:
1511          (a) require a school in the first year the school participates in the program to provide
1512     matching funds or an in-kind contribution of goods or services in an amount equal to the grant
1513     the school receives from the board;

1514          (b) require a school to participate in the program for two years; and
1515          (c) give preference to Title I schools or schools in need of academic improvement.
1516          (6) The board shall make the following information related to the grants described in
1517     Subsection (3) publicly available on the board's website:
1518          (a) reimbursement procedures that clearly define how a school may spend grant money
1519     and how the board will reimburse the school;
1520          (b) the period of time a school is permitted to spend grant money;
1521          (c) criteria for selecting a school to receive a grant; and
1522          (d) a list of schools that receive a grant and the amount of each school's grant.
1523          (7) A school that receives a grant described in Subsection (3) shall:
1524          (a) (i) set school-wide goals for the school's student leadership skills development
1525     program; and
1526          (ii) require each student to set personal goals; and
1527          (b) provide the following to the board after the first school year of implementation of
1528     the program:
1529          (i) evidence that the grant money was used for the purpose of purchasing or developing
1530     the school's own student leadership skills development program; and
1531          (ii) a report on the effectiveness and impact of the school's student leadership skills
1532     development program on student behavior and academic results as measured by:
1533          (A) a reduction in truancy;
1534          (B) assessments of academic achievement;
1535          (C) a reduction in incidents of student misconduct or disciplinary actions; and
1536          (D) the achievement of school-wide goals and students' personal goals.
1537          (8) After participating in the program for two years, a school may not receive
1538     additional grant money in subsequent years if the school fails to demonstrate an improvement
1539     in student behavior and academic achievement as measured by the data reported under
1540     Subsection (7)(b).

1541          [(9) (a) The board shall make a report on the program to the Education Interim
1542     Committee by the committee's October 2016 meeting.]
1543          [(b) The report shall include an evaluation of the program's success in enhancing a
1544     school's learning environment and improving academic achievement.]
1545          Section 33. Section 53F-2-510 is amended to read:
1546          53F-2-510. Digital Teaching and Learning Grant Program.
1547          (1) As used in this section:
1548          (a) "Advisory committee" means the committee established by the board under
1549     Subsection (9)(b).
1550          (b) "Board" means the State Board of Education.
1551          (c) "Digital readiness assessment" means an assessment provided by the board that:
1552          (i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
1553     digital teaching and learning; and
1554          (ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
1555     teaching and learning.
1556          (d) "High quality professional learning" means the professional learning standards
1557     described in Section 53G-11-303.
1558          (e) "Implementation assessment" means an assessment that analyzes an LEA's
1559     implementation of an LEA plan, including identifying areas for improvement, obstacles to
1560     implementation, progress toward the achievement of stated goals, and recommendations going
1561     forward.
1562          (f) "LEA plan" means an LEA's plan to implement a digital teaching and learning
1563     program that meets the requirements of this section and requirements set forth by the board and
1564     the advisory committee.
1565          (g) "Local education agency" or "LEA" means:
1566          (i) a school district;
1567          (ii) a charter school; or

1568          (iii) the Utah Schools for the Deaf and the Blind.
1569          (h) "Program" means the Digital Teaching and Learning Grant Program created and
1570     described in Subsections [(8)] (6) through [(13)] (11).
1571          (i) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
1572     and Telehealth Network created in Section 53B-17-105.
1573          (2) (a) The board shall establish a digital teaching and learning task force to develop a
1574     funding proposal to present to the Legislature for digital teaching and learning in elementary
1575     and secondary schools.
1576          (b) The digital teaching and learning task force shall include representatives of:
1577          (i) the board;
1578          (ii) UETN;
1579          (iii) LEAs; and
1580          (iv) the Governor's Education Excellence Commission.
1581          [(3) (a) The board, in consultation with the digital teaching and learning task force
1582     created in Subsection (2), shall create a funding proposal for a statewide digital teaching and
1583     learning program designed to:]
1584          [(i) improve student outcomes through the use of digital teaching and learning
1585     technology; and]
1586          [(ii) provide high quality professional learning for educators to improve student
1587     outcomes through the use of digital teaching and learning technology.]
1588          [(b) The board shall:]
1589          [(i) identify outcome based metrics to measure student achievement related to a digital
1590     teaching and learning program; and]
1591          [(ii) develop minimum benchmark standards for student achievement and school level
1592     outcomes to measure successful implementation of a digital teaching and learning program.]
1593          [(4)] (3) As funding allows, the board shall develop a master plan for a statewide
1594     digital teaching and learning program, including the following:

1595          (a) a statement of purpose that describes the objectives or goals the board will
1596     accomplish by implementing a digital teaching and learning program;
1597          (b) a forecast for fundamental components needed to implement a digital teaching and
1598     learning program, including a forecast for:
1599          (i) student and teacher devices;
1600          (ii) Wi-Fi and wireless compatible technology;
1601          (iii) curriculum software;
1602          (iv) assessment solutions;
1603          (v) technical support;
1604          (vi) change management of LEAs;
1605          (vii) high quality professional learning;
1606          (viii) Internet delivery and capacity; and
1607          (ix) security and privacy of users;
1608          (c) a determination of the requirements for:
1609          (i) statewide technology infrastructure; and
1610          (ii) local LEA technology infrastructure;
1611          (d) standards for high quality professional learning related to implementing and
1612     maintaining a digital teaching and learning program;
1613          (e) a statewide technical support plan that will guide the implementation and
1614     maintenance of a digital teaching and learning program, including standards and competency
1615     requirements for technical support personnel;
1616          (f) (i) a grant program for LEAs; or
1617          (ii) a distribution formula to fund LEA digital teaching and learning programs;
1618          (g) in consultation with UETN, an inventory of the state public education system's
1619     current technology resources and other items and a plan to integrate those resources into a
1620     digital teaching and learning program;
1621          (h) an ongoing evaluation process that is overseen by the board;

1622          (i) proposed rules that incorporate the principles of the master plan into the state's
1623     public education system as a whole; and
1624          (j) a plan to ensure long-term sustainability that:
1625          (i) accounts for the financial impacts of a digital teaching and learning program; and
1626          (ii) facilitates the redirection of LEA savings that arise from implementing a digital
1627     teaching and learning program.
1628          [(5)] (4) UETN shall:
1629          (a) in consultation with the board, conduct an inventory of the state public education
1630     system's current technology resources and other items as determined by UETN, including
1631     software;
1632          (b) perform an engineering study to determine the technology infrastructure needs of
1633     the public education system to implement a digital teaching and learning program, including
1634     the infrastructure needed for the board, UETN, and LEAs; and
1635          (c) as funding allows, provide infrastructure and technology support for school districts
1636     and charter schools.
1637          [(6) On or before December 1, 2015, the board and UETN shall present the funding
1638     proposal for a statewide digital teaching and learning program described in Subsection (3) to
1639     the Education Interim Committee and the Executive Appropriations Committee, including:]
1640          [(a) the board's progress on the development of a master plan described in Subsection
1641     (4); and]
1642          [(b) the progress of UETN on the inventory and study described in Subsection (5).]
1643          [(7)] (5) Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each
1644     school within an LEA, shall annually complete a digital readiness assessment.
1645          [(8)] (6) There is created the Digital Teaching and Learning Grant Program to improve
1646     educational outcomes in public schools by effectively incorporating comprehensive digital
1647     teaching and learning technology.
1648          [(9)] (7) The board shall:

1649          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1650     adopt rules for the administration of the program, including rules requiring:
1651          (i) an LEA plan to include measures to ensure that the LEA monitors and implements
1652     technology with best practices, including the recommended use for effectiveness;
1653          (ii) an LEA plan to include robust goals for learning outcomes and appropriate
1654     measurements of goal achievement;
1655          (iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
1656     combination of grant and local funds; and
1657          (iv) an LEA to report on funds from expenses previous to the implementation of the
1658     LEA plan that the LEA has redirected after implementation;
1659          (b) establish an advisory committee to make recommendations on the program and
1660     LEA plan requirements and report to the board; and
1661          (c) in accordance with this section, approve LEA plans and award grants.
1662          [(10)] (8) (a) The board shall, subject to legislative appropriations, award a grant to an
1663     LEA:
1664          (i) that submits an LEA plan that meets the requirements described in Subsection
1665     [(11)] (9); and
1666          (ii) for which the LEA's leadership and management members have completed a digital
1667     teaching and learning leadership and implementation training as provided in Subsection [(10)]
1668     (8)(b).
1669          (b) The board or its designee shall provide the training described in Subsection [(10)]
1670     (8)(a)(ii).
1671          [(11)] (9) The board shall establish requirements of an LEA plan that shall include:
1672          (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
1673     obstacle to implementation or other issues identified in the assessment;
1674          (b) a proposal to provide high quality professional learning for educators in the use of
1675     digital teaching and learning technology;

1676          (c) a proposal for leadership training and management restructuring, if necessary, for
1677     successful implementation;
1678          (d) clearly identified targets for improved student achievement, student learning, and
1679     college readiness through digital teaching and learning; and
1680          (e) any other requirement established by the board in rule in accordance with Title
1681     63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
1682     metrics to analyze the quality of a proposed LEA plan.
1683          [(12)] (10) The board or the board's designee shall establish an interactive dashboard
1684     available to each LEA that is awarded a grant for the LEA to track and report the LEA's
1685     long-term, intermediate, and direct outcomes in realtime and for the LEA to use to create
1686     customized reports.
1687          [(13)] (11) (a) There is no federal funding, federal requirement, federal education
1688     agreement, or national program included or related to this state adopted program.
1689          (b) Any inclusion of federal funding, federal requirement, federal education agreement,
1690     or national program shall require separate express approval as provided in Title 53E, Chapter 3,
1691     Part 8, Implementing Federal or National Education Programs.
1692          [(14)] (12) (a) An LEA that receives a grant as part of the program shall:
1693          (i) subject to Subsection [(14)] (12)(b), complete an implementation assessment for
1694     each year that the LEA is expending grant money; and
1695          (ii) (A) report the findings of the implementation assessment to the board; and
1696          (B) submit to the board a plan to resolve issues raised in the implementation
1697     assessment.
1698          (b) Each school within the LEA shall:
1699          (i) complete an implementation assessment; and
1700          (ii) submit a compilation report that meets the requirements described in Subsections
1701     [(14)] (12)(a)(ii)(A) and (B).
1702          [(15)] (13) The board or the board's designee shall review an implementation

1703     assessment and review each participating LEA's progress from the previous year, as applicable.
1704          [(16)] (14) The board shall establish interventions for an LEA that does not make
1705     progress on implementation of the LEA's implementation plan, including:
1706          (a) nonrenewal of, or time period extensions for, the LEA's grant;
1707          (b) reduction of funds; or
1708          (c) other interventions to assist the LEA.
1709          [(17)] (15) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the
1710     board shall contract with an independent evaluator to:
1711          (a) annually evaluate statewide direct and intermediate outcomes beginning the first
1712     year that grants are awarded, including baseline data collection for long-term outcomes;
1713          (b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
1714     statewide long-term outcomes; and
1715          (c) report on the information described in Subsections [(17)] (15)(a) and (b) to the
1716     board.
1717          [(18)] (16) (a) To implement an LEA plan, a contract, in accordance with Title 63G,
1718     Chapter 6a, Utah Procurement Code, or other agreement with one or more providers of
1719     technology powered learning solutions and one or more providers of wireless networking
1720     solutions may be entered into by:
1721          (i) UETN, in cooperation with or on behalf of, as applicable, the board, the board's
1722     designee, or an LEA; or
1723          (ii) an LEA.
1724          (b) A contract or agreement entered into under Subsection [(18)] (16)(a) may be a
1725     contract or agreement that:
1726          (i) UETN enters into with a provider and payment for services is directly appropriated
1727     by the Legislature, as funds are available, to UETN;
1728          (ii) UETN enters into with a provider and pays for the provider's services and is
1729     reimbursed for payments by an LEA that benefits from the services;

1730          (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
1731     agreement directly with the provider and the LEA pays directly for the provider's services; or
1732          (iv) an LEA enters into directly, pays a provider, and receives preapproved
1733     reimbursement from a UETN fund established for this purpose.
1734          (c) If an LEA does not reimburse UETN in a reasonable time for services received
1735     under a contract or agreement described in Subsection [(18)] (16)(b), the board shall pay the
1736     balance due to UETN from the LEA's funds received under Title 53F, Chapter 2, State Funding
1737     -- Minimum School Program.
1738          (d) If UETN negotiates or enters into an agreement as described in Subsection [(18)]
1739     (16)(b)(ii) or [(18)] (16)(b)(iii), and UETN enters into an additional agreement with an LEA
1740     that is associated with the agreement described in Subsection [(18)] (16)(b)(ii) or [(18)]
1741     (16)(b)(iii), the associated agreement may be treated by UETN and the LEA as a cooperative
1742     procurement, as that term is defined in Section 63G-6a-103, regardless of whether the
1743     associated agreement satisfies the requirements of Section 63G-6a-2105.
1744          Section 34. Section 53F-2-512 is amended to read:
1745          53F-2-512. Appropriation for accommodation plans for students with Section 504
1746     accommodations.
1747          (1) As used in this section:
1748          (a) "Board" means the State Board of Education.
1749          (b) "Local education agency" or "LEA" means:
1750          (i) a school district;
1751          (ii) a charter school; or
1752          (iii) the Utah Schools for the Deaf and the Blind.
1753          (c) "Section 504 accommodation plan" means an accommodation plan under Section
1754     504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.
1755          (2) (a) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
1756     Administrative Rulemaking Act, that establish a reimbursement program that:

1757          (i) distributes any money appropriated to the board for Special Education -- Section
1758     504 Accommodations;
1759          (ii) allows an LEA to apply for reimbursement of the costs of services that:
1760          (A) an LEA renders to a student with a Section 504 accommodation plan; and
1761          (B) exceed 150% of the average cost of a general education student; and
1762          (iii) provides for a pro-rated reimbursement based on the amount of reimbursement
1763     applications received during a given fiscal year and the amount of money appropriated to the
1764     board that fiscal year.
1765          (b) Beginning with the 2018-19 school year, the board shall allocate money
1766     appropriated to the board for Special Education -- Section 504 Accommodations in accordance
1767     with the rules described in Subsection (2)(a).
1768          [(3) On or before January 30, 2018, the board shall report to the Public Education
1769     Appropriations Subcommittee:]
1770          [(a) information collected regarding the number of students who qualify for a Section
1771     504 accommodation plan; and]
1772          [(b) if available, the estimated financial impact of providing Section 504
1773     accommodation services to the number of students described in Subsection (3)(a).]
1774          Section 35. Section 53F-4-203 is amended to read:
1775          53F-4-203. Early intervention interactive reading software -- Independent
1776     evaluator.
1777          (1) (a) Subject to legislative appropriations, the State Board of Education shall select
1778     and contract with one or more technology providers, through a request for proposals process, to
1779     provide early interactive reading software for literacy instruction and assessments for students
1780     in kindergarten through grade 3.
1781          (b) By August 1 of each year, the State Board of Education shall distribute licenses for
1782     early interactive reading software described in Subsection (1)(a) to the school districts and
1783     charter schools of local education boards that apply for the licenses.

1784          (c) Except as provided in board rule, a school district or charter school that received a
1785     license described in Subsection (1)(b) during the prior year shall be given first priority to
1786     receive an equivalent license during the current year.
1787          (d) Licenses distributed to school districts and charter schools in addition to the
1788     licenses described in Subsection (1)(c) shall be distributed through a competitive process.
1789          (2) A public school that receives a license described in Subsection (1)(b) shall use the
1790     license:
1791          (a) for a student in kindergarten or grade 1:
1792          (i) for intervention for the student if the student is reading below grade level; or
1793          (ii) for advancement beyond grade level for the student if the student is reading at or
1794     above grade level; and
1795          (b) for a student in grade 2 or 3, for intervention for the student if the student is reading
1796     below grade level.
1797          (3) (a) On or before August 1 of each year, the State Board of Education shall select
1798     and contract with an independent evaluator, through a request for proposals process, to act as
1799     an independent contractor to evaluate early interactive reading software provided under this
1800     section.
1801          (b) The State Board of Education shall ensure that a contract with an independent
1802     evaluator requires the independent evaluator to:
1803          (i) evaluate a student's learning gains as a result of using early interactive reading
1804     software provided under Subsection (1);
1805          (ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not
1806     developed by a provider of early interactive reading software; and
1807          (iii) determine the extent to which a public school uses the early interactive reading
1808     software.
1809          (c) The State Board of Education and the independent evaluator selected under
1810     Subsection (3)(a) shall [report annually] submit a report on the results of the evaluation [to the

1811     Education Interim Committee and the governor] in accordance with Section 53E-1-201.
1812          (4) The State Board of Education may use up to 4% of the appropriation provided
1813     under Subsection (1)(a) to:
1814          (a) acquire an analytical software program that:
1815          (i) monitors, for an individual school, early intervention interactive reading software
1816     use and the associated impact on student performance; and
1817          (ii) analyzes the information gathered under Subsection (4)(a)(i) to prescribe individual
1818     school usage time to maximize the beneficial impact on student performance; or
1819          (b) contract with an independent evaluator selected under Subsection (3)(a).
1820          Section 36. Section 53F-4-407 is amended to read:
1821          53F-4-407. Annual report.
1822          (1) The State Board of Education shall make a report on UPSTART [to the Education
1823     Interim Committee by November 30 each year] in accordance with Section 53E-1-201.
1824          (2) The report shall:
1825          (a) address the extent to which UPSTART is accomplishing the purposes for which it
1826     was established as specified in Section 53F-4-402; and
1827          (b) include the following information:
1828          (i) the number of families:
1829          (A) volunteering to participate in the program;
1830          (B) selected to participate in the program;
1831          (C) requesting computers; and
1832          (D) furnished computers;
1833          (ii) the frequency of use of the instructional software;
1834          (iii) obstacles encountered with software usage, hardware, or providing technical
1835     assistance to families;
1836          (iv) student performance on pre-kindergarten and post-kindergarten assessments
1837     conducted by school districts and charter schools for students who participated in the

1838     home-based educational technology program and those who did not participate in the program;
1839     and
1840          (v) as available, the evaluation of the program conducted pursuant to Section
1841     53F-4-406.
1842          Section 37. Section 53F-5-204 is amended to read:
1843          53F-5-204. Initiative to strengthen college and career readiness.
1844          (1) As used in this section:
1845          (a) "College and career counseling" means:
1846          (i) nurturing college and career aspirations;
1847          (ii) assisting students in planning an academic program that connects to college and
1848     career goals;
1849          (iii) providing early and ongoing exposure to information necessary to make informed
1850     decisions when selecting a college and career;
1851          (iv) promoting participation in college and career assessments;
1852          (v) providing financial aid information; and
1853          (vi) increasing understanding about college admission processes.
1854          (b) "LEA" or "local education agency" means a school district or charter school.
1855          (2) There is created the Strengthening College and Career Readiness Program, a grant
1856     program for LEAs, to improve students' college and career readiness through enhancing the
1857     skill level of school counselors to provide college and career counseling.
1858          (3) The State Board of Education shall:
1859          (a) on or before August 1, 2015, collaborate with the State Board of Regents, and
1860     business, community, and education stakeholders to develop a certificate for school counselors
1861     that:
1862          (i) certifies that a school counselor is highly skilled at providing college and career
1863     counseling; and
1864          (ii) is aligned with the Utah Comprehensive Counseling and Guidance Program as

1865     defined in rules established by the State Board of Education;
1866          (b) subject to legislative appropriations, award grants to LEAs, on a competitive basis,
1867     for payment of course fees for courses required to earn the certificate developed by the State
1868     Board of Education under Subsection (3)(a); and
1869          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1870     make rules specifying:
1871          (i) procedures for applying for and awarding grants under this section;
1872          (ii) criteria for awarding grants; and
1873          (iii) reporting requirements for grantees.
1874          (4) An LEA that receives a grant under this section shall use the grant for payment of
1875     course fees for courses required to attain the certificate as determined by the State Board of
1876     Education under Subsection (3)(a).
1877          [(5) The State Board of Education shall report to the Education Interim Committee on
1878     the status of the Strengthening College and Career Readiness Program on or before:]
1879          [(a) November 1, 2016; and]
1880          [(b) November 1, 2017.]
1881          Section 38. Section 53F-5-307 is amended to read:
1882          53F-5-307. Evaluation -- Reporting requirements.
1883          (1) In accordance with this section, the board, in coordination with the department,
1884     shall oversee the ongoing review and evaluation by an independent evaluator for each school
1885     year of:
1886          (a) the Student Access to High Quality School Readiness Programs Grant Program
1887     described in Section 53F-5-303;
1888          (b) the home-based technology high quality school readiness program described in
1889     Section 53F-5-304;
1890          (c) the Intergenerational Poverty School Readiness Scholarship Program described in
1891     Section 53F-5-305; and

1892          (d) early childhood teacher training described in Section 53F-5-306.
1893          (2) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
1894     shall enter into a contract with an independent evaluator to assist the board in the evaluation
1895     process.
1896          (b) In selecting an independent evaluator, the board shall select an evaluator that:
1897          (i) has the capacity to meet the requirements described in Subsection (3);
1898          (ii) has a background in designing and conducting rigorous evaluations;
1899          (iii) has a demonstrated ability to monitor and evaluate a program over an extended
1900     period of time;
1901          (iv) is independent from agencies or providers implementing high quality school
1902     readiness programs funded under this part; and
1903          (v) has experience in early childhood education or early childhood education
1904     evaluation.
1905          (c) The board may not enter into a contract with an independent evaluator without
1906     obtaining approval from the department.
1907          (3) Under the direction of the board, with input from the department, the independent
1908     evaluator selected under Subsection (2) shall:
1909          (a) design an evaluation methodology that:
1910          (i) assesses the effects of a high quality school readiness program on an eligible
1911     student's:
1912          (A) readiness for kindergarten, using a uniform assessment methodology that includes
1913     a pre- and post-test chosen in coordination with the board;
1914          (B) ability, as determined by following the student longitudinally, to meet grade 3 core
1915     standards for Utah public schools, established by the board under Section 53E-4-202, by the
1916     end of the student's grade 3 year; and
1917          (C) attainment of a high school diploma or other completion certificate, as determined
1918     by following the student longitudinally; and

1919          (ii) allows for comparisons between students with similar demographic characteristics
1920     who complete a high quality school readiness program and students who do not; and
1921          (b) conduct an annual evaluation of the programs described in Subsection (1).
1922          (4) To assist the independent evaluator selected under Subsection (2) in completing the
1923     evaluation required under Subsection (3):
1924          (a) an LEA that receives a grant under Section 53F-5-303, or enrolls an IGP
1925     scholarship recipient under Section 53F-5-305, shall assign a statewide unique student
1926     identifier to each student who participates in the LEA's school readiness program;
1927          (b) an eligible private provider that receives a grant described in Section 53F-5-303 or
1928     an eligible home-based technology provider that receives a contract described in Section
1929     53F-5-304 shall work in conjunction with the board to assign a statewide unique student
1930     identifier to each student who is enrolled in the provider's school readiness program in the
1931     student's last year before kindergarten; and
1932          (c) an eligible private provider or eligible home-based technology provider that
1933     receives an IGP scholarship under Section 53F-5-305 shall work in conjunction with the board
1934     to assign a statewide unique student identifier to each student who is funded by an IGP
1935     scholarship.
1936          (5) The board and the department shall [report annually, on or before November 1, to
1937     the Education Interim Committee] submit a report in accordance with Section 53E-1-201 on
1938     the results of an evaluation conducted under this section.
1939          Section 39. Section 53F-5-405 is amended to read:
1940          53F-5-405. Independent evaluation -- Reporting.
1941          (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
1942     contract with an independent evaluator to annually evaluate a partnership that receives a grant
1943     under this part.
1944          (2) The evaluation described in Subsection (1) shall:
1945          (a) assess implementation of a partnership, including the extent to which members of a

1946     partnership:
1947          (i) share data to align and improve efforts focused on student success; and
1948          (ii) meet regularly and communicate authentically; and
1949          (b) assess the impact of a partnership on student outcomes using appropriate statistical
1950     evaluation methods.
1951          (3) In identifying an independent evaluator under Subsection (1), the board shall
1952     identify an evaluator that:
1953          (a) has a credible track record of conducting evaluations as described in Subsection (2);
1954     and
1955          (b) is independent of any member of the partnership and does not otherwise have a
1956     vested interest in the outcome of the evaluation.
1957          (4) Beginning in the 2017-18 school year, the board shall ensure that the independent
1958     evaluator:
1959          (a) prepares an annual written report of an evaluation conducted under this section; and
1960          (b) [annually submits the report to the Education Interim Committee] submits the
1961     report in accordance with Section 53E-1-201.
1962          Section 40. Section 53F-5-506 is amended to read:
1963          53F-5-506. Waiver from board rule -- Board recommended statutory changes.
1964          (1) An LEA may apply to the board in a grant application submitted under this part for
1965     a waiver of a board rule that inhibits or hinders the LEA from accomplishing its goals set out in
1966     its grant application.
1967          (2) The board may grant the waiver, unless:
1968          (a) the waiver would cause the LEA to be in violation of state or federal law; or
1969          (b) the waiver would threaten the health, safety, or welfare of students in the LEA.
1970          (3) If the board denies the waiver, the board shall provide in writing the reason for the
1971     denial to the waiver applicant.
1972          (4) (a) The board shall request from each LEA that receives a grant under this part for

1973     each year the LEA receives funds:
1974          (i) information on a state statute that hinders an LEA from fully implementing the
1975     LEA's program; and
1976          (ii) suggested changes to the statute.
1977          (b) The board shall[, in a written] report[, provide] any information received from an
1978     LEA under Subsection (4)(a) and the board's recommendations [to the Legislature no later than
1979     November 30 of each year] in accordance with Section 53E-1-203.
1980          Section 41. Section 53G-4-403 is amended to read:
1981          53G-4-403. School district fiscal year -- Statistical reports.
1982          (1) A school district's fiscal year begins on July 1 and ends on June 30.
1983          (2) (a) A school district shall forward statistical reports for the preceding school year,
1984     containing items required by law or by the State Board of Education, to the state superintendent
1985     on or before November 1 of each year.
1986          (b) The reports shall include information to enable the state superintendent to complete
1987     the statement of funds required under [Subsection 53E-3-301(3)(d)(v)] Section 53E-1-203.
1988          (3) A school district shall forward the accounting report required under Section
1989     51-2a-201 to the state superintendent on or before October 15 of each year.
1990          Section 42. Section 53G-4-404 is amended to read:
1991          53G-4-404. Annual financial report -- Audit report.
1992          (1) The annual financial report of each school district, containing items required by law
1993     or by the State Board of Education and attested to by independent auditors, shall be prepared as
1994     required by Section 51-2a-201.
1995          (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
1996     field work in sufficient time to allow them to verify necessary audit adjustments included in the
1997     annual financial report to the state superintendent.
1998          (3) (a) (i) The district shall forward the annual financial report to the state
1999     superintendent not later than October 1.

2000          (ii) The report shall include information to enable the state superintendent to complete
2001     the statement of funds required under [Subsection 53E-3-301(3)(d)(v)] Section 53E-1-203.
2002          (b) The State Board of Education shall publish electronically a copy of the report on
2003     the Internet not later than [December 15] January 15.
2004          (4) The completed audit report shall be delivered to the school district board of
2005     education and the state superintendent of public instruction not later than November 30 of each
2006     year.
2007          Section 43. Section 53G-5-411 is amended to read:
2008          53G-5-411. Charter school fiscal year -- Statistical reports.
2009          (1) A charter school's fiscal year begins on July 1 and ends on June 30.
2010          (2) (a) A charter school shall forward statistical reports for the preceding school year,
2011     containing items required by law or by the State Board of Education, to the state superintendent
2012     on or before November 1 of each year.
2013          (b) The reports shall include information to enable the state superintendent to complete
2014     the statement of funds required under [Subsection 53E-3-301(3)(d)(v)] Section 53E-1-203.
2015          (3) A charter school shall forward the accounting report required under Section
2016     51-2a-201 to the state superintendent on or before October 15 of each year.
2017          Section 44. Section 53G-6-707 is amended to read:
2018          53G-6-707. Interstate compact students -- Inclusion in attendance count --
2019     Foreign exchange students -- Annual report -- Requirements for exchange student
2020     agencies.
2021          (1) A school district or charter school may include the following students in the
2022     district's or school's membership and attendance count for the purpose of apportionment of
2023     state money:
2024          (a) a student enrolled under an interstate compact, established between the State Board
2025     of Education and the state education authority of another state, under which a student from one
2026     compact state would be permitted to enroll in a public school in the other compact state on the

2027     same basis as a resident student of the receiving state; or
2028          (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
2029     on Placement of Children.
2030          (2) A school district or charter school may:
2031          (a) enroll foreign exchange students that do not qualify for state money; and
2032          (b) pay for the costs of those students with other funds available to the school district
2033     or charter school.
2034          (3) Due to the benefits to all students of having the opportunity to become familiar
2035     with individuals from diverse backgrounds and cultures, school districts are encouraged to
2036     enroll foreign exchange students, as provided in Subsection (2), particularly in schools with
2037     declining or stable enrollments where the incremental cost of enrolling the foreign exchange
2038     student may be minimal.
2039          [(4) The board shall make an annual report to the Legislature on the number of
2040     exchange students and the number of interstate compact students sent to or received from
2041     public schools outside the state.]
2042          [(5)] (4) (a) A local school board or charter school governing board shall require each
2043     approved exchange student agency to provide it with a sworn affidavit of compliance prior to
2044     the beginning of each school year.
2045          (b) The affidavit shall include the following assurances:
2046          (i) that the agency has complied with all applicable policies of the board;
2047          (ii) that a household study, including a background check of all adult residents, has
2048     been made of each household where an exchange student is to reside, and that the study was of
2049     sufficient scope to provide reasonable assurance that the exchange student will receive proper
2050     care and supervision in a safe environment;
2051          (iii) that host parents have received training appropriate to their positions, including
2052     information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
2053     are in a position of special trust;

2054          (iv) that a representative of the exchange student agency shall visit each student's place
2055     of residence at least once each month during the student's stay in Utah;
2056          (v) that the agency will cooperate with school and other public authorities to ensure
2057     that no exchange student becomes an unreasonable burden upon the public schools or other
2058     public agencies;
2059          (vi) that each exchange student will be given in the exchange student's native language
2060     names and telephone numbers of agency representatives and others who could be called at any
2061     time if a serious problem occurs; and
2062          (vii) that alternate placements are readily available so that no student is required to
2063     remain in a household if conditions appear to exist which unreasonably endanger the student's
2064     welfare.
2065          [(6)] (5) (a) A local school board or charter school governing board shall provide each
2066     approved exchange student agency with a list of names and telephone numbers of individuals
2067     not associated with the agency who could be called by an exchange student in the event of a
2068     serious problem.
2069          (b) The agency shall make a copy of the list available to each of its exchange students
2070     in the exchange student's native language.
2071          [(7)] (6) Notwithstanding Subsection 53F-2-303(3)(a), a school district or charter
2072     school shall enroll a foreign exchange student if the foreign exchange student:
2073          (a) is sponsored by an agency approved by the State Board of Education;
2074          (b) attends the same school during the same time period that another student from the
2075     school is:
2076          (i) sponsored by the same agency; and
2077          (ii) enrolled in a school in a foreign country; and
2078          (c) is enrolled in the school for one year or less.
2079          Section 45. Section 53G-8-207 is amended to read:
2080          53G-8-207. Alternatives to suspension or expulsion.

2081          (1) Each local school board or governing board of a charter school shall establish:
2082          (a) policies providing that prior to suspending or expelling a student for repeated acts
2083     of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
2084     violent or extreme nature that immediate removal is required, good faith efforts shall be made
2085     to implement a remedial discipline plan that would allow the student to remain in school; and
2086          (b) alternatives to suspension, including policies that allow a student to remain in
2087     school under an in-school suspension program or under a program allowing the parent or
2088     guardian, with the consent of the student's teacher or teachers, to attend class with the student
2089     for a period of time specified by a designated school official.
2090          (2) If the parent or guardian does not agree or fails to attend class with the student, the
2091     student shall be suspended in accordance with the conduct and discipline policies of the district
2092     or the school.
2093          (3) The parent or guardian of a suspended student and the designated school official
2094     may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
2095     other appropriate state agencies, if necessary, in dealing with the student's suspension.
2096          (4) The state superintendent of public instruction, in cooperation with school districts
2097     and charter schools, shall:
2098          (a) research methods of motivating and providing incentives to students that:
2099          (i) directly and regularly reward or recognize appropriate behavior;
2100          (ii) impose immediate and direct consequences on students who fail to comply with
2101     district or school standards of conduct; and
2102          (iii) keep the students in school, or otherwise continue student learning with
2103     appropriate supervision or accountability;
2104          (b) explore funding resources to implement methods of motivating and providing
2105     incentives to students that meet the criteria specified in Subsection (4)(a);
2106          (c) evaluate the benefits and costs of methods of motivating and providing incentives
2107     to students that meet the criteria specified in Subsection (4)(a);

2108          (d) publish a report that incorporates the research findings, provides model plans with
2109     suggested resource pools, and makes recommendations for local school boards and school
2110     personnel; and
2111          [(e) submit the report described in Subsection (4)(d) to the Education Interim
2112     Committee; and]
2113          [(f)] (e) maintain data for purposes of accountability, later reporting, and future
2114     analysis.
2115          Section 46. Section 53G-9-702 is amended to read:
2116          53G-9-702. Youth suicide prevention programs required in secondary schools --
2117     State Board of Education to develop model programs.
2118          (1) As used in the section:
2119          (a) "Board" means the State Board of Education.
2120          (b) "Intervention" means an effort to prevent a student from attempting suicide.
2121          (c) "Postvention" means mental health intervention after a suicide attempt or death to
2122     prevent or contain contagion.
2123          (d) "Program" means a youth suicide prevention program described in Subsection (2).
2124          (e) "Public education suicide prevention coordinator" means an individual designated
2125     by the board as described in Subsection (3).
2126          (f) "Secondary grades":
2127          (i) means grades 7 through 12; and
2128          (ii) if a middle or junior high school includes grade 6, includes grade 6.
2129          (g) "State suicide prevention coordinator" means the state suicide prevention
2130     coordinator described in Section 62A-15-1101.
2131          (2) In collaboration with the public education suicide prevention coordinator, a school
2132     district or charter school, in the secondary grades of the school district or charter school, shall
2133     implement a youth suicide prevention program, which, in collaboration with the training,
2134     programs, and initiatives described in Section 53G-9-607, shall include programs and training

2135     to address:
2136          (a) bullying and cyberbullying, as those terms are defined in Section 53G-9-601;
2137          (b) prevention of youth suicide;
2138          (c) youth suicide intervention;
2139          (d) postvention for family, students, and faculty;
2140          (e) underage drinking of alcohol;
2141          (f) methods of strengthening the family; and
2142          (g) methods of strengthening a youth's relationships in the school and community.
2143          (3) The board shall:
2144          (a) designate a public education suicide prevention coordinator; and
2145          (b) in collaboration with the Department of Heath and the state suicide prevention
2146     coordinator, develop model programs to provide to school districts and charter schools:
2147          (i) program training; and
2148          (ii) resources regarding the required components described in Subsection (2)(b).
2149          (4) The public education suicide prevention coordinator shall:
2150          (a) oversee the youth suicide prevention programs of school districts and charter
2151     schools;
2152          (b) coordinate prevention and postvention programs, services, and efforts with the state
2153     suicide prevention coordinator; and
2154          (c) award grants in accordance with Section 53F-5-206.
2155          (5) A public school suicide prevention program may allow school personnel to ask a
2156     student questions related to youth suicide prevention, intervention, or postvention.
2157          (6) (a) Subject to legislative appropriation, the board may distribute money to a school
2158     district or charter school to be used to implement evidence-based practices and programs, or
2159     emerging best practices and programs, for preventing suicide in the school district or charter
2160     school.
2161          (b) The board shall distribute money under Subsection (6)(a) so that each school that

2162     enrolls students in grade 7 or a higher grade receives an allocation of at least $1,000.
2163          (c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
2164     implement evidence-based practices and programs, or emerging best practices and programs,
2165     for preventing suicide.
2166          (ii) Each school may select the evidence-based practices and programs, or emerging
2167     best practices and programs, for preventing suicide that the school implements.
2168          [(7) (a) The board shall provide a written report, and shall orally report to the
2169     Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
2170     public education suicide prevention coordinator and the state suicide prevention coordinator,
2171     on:]
2172          [(i) the progress of school district and charter school youth suicide prevention
2173     programs, including rates of participation by school districts, charter schools, and students;]
2174          [(ii) the board's coordination efforts with the Department of Health and the state
2175     suicide prevention coordinator;]
2176          [(iii) the public education suicide prevention coordinator's model program for training
2177     and resources related to youth suicide prevention, intervention, and postvention;]
2178          [(iv) data measuring the effectiveness of youth suicide programs;]
2179          [(v) funds appropriated to each school district and charter school for youth suicide
2180     prevention programs; and]
2181          [(vi) five-year trends of youth suicides per school, school district, and charter school.]
2182          [(b) School districts and charter schools shall provide to the board information that is
2183     necessary for the board's report to the Legislature's Education Interim Committee as required in
2184     Subsection (7)(a).]
2185          Section 47. Section 53G-9-703 is amended to read:
2186          53G-9-703. Parent education -- Mental health -- Bullying -- Safety.
2187          (1) (a) Except as provided in Subsection [(4)] (3), a school district shall offer a seminar
2188     for parents of students in the school district that:

2189          (i) is offered at no cost to parents;
2190          (ii) begins at or after 6 p.m.;
2191          (iii) is held in at least one school located in the school district; and
2192          (iv) covers the topics described in Subsection (2).
2193          (b) (i) A school district shall annually offer one parent seminar for each 11,000
2194     students enrolled in the school district.
2195          (ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
2196     more than three seminars.
2197          (c) A school district may:
2198          (i) develop its own curriculum for the seminar described in Subsection (1)(a); or
2199          (ii) use the curriculum developed by the State Board of Education under Subsection
2200     (2).
2201          (d) A school district shall notify each charter school located in the attendance
2202     boundaries of the school district of the date and time of a parent seminar, so the charter school
2203     may inform parents of the seminar.
2204          (2) The State Board of Education shall:
2205          (a) develop a curriculum for the parent seminar described in Subsection (1) that
2206     includes information on:
2207          (i) substance abuse, including illegal drugs and prescription drugs and prevention;
2208          (ii) bullying;
2209          (iii) mental health, depression, suicide awareness, and suicide prevention, including
2210     education on limiting access to fatal means;
2211          (iv) Internet safety, including pornography addiction; and
2212          (v) the School Safety and Crisis Line established in Section 53E-10-502; and
2213          (b) provide the curriculum, including resources and training, to school districts upon
2214     request.
2215          [(3) The State Board of Education shall report to the Legislature's Education Interim

2216     Committee, by the October 2015 meeting, on:]
2217          [(a) the progress of implementation of the parent seminar;]
2218          [(b) the number of parent seminars conducted in each school district;]
2219          [(c) the estimated attendance reported by each school district;]
2220          [(d) a recommendation of whether to continue the parent seminar program; and]
2221          [(e) if a local school board has opted out of providing the parent seminar, as described
2222     in Subsection (4), the reasons why a local school board opted out.]
2223          [(4)] (3) (a) A school district is not required to offer the parent seminar if the local
2224     school board determines that the topics described in Subsection (2) are not of significant
2225     interest or value to families in the school district.
2226          (b) If a local school board chooses not to offer the parent seminar, the local school
2227     board shall notify the State Board of Education and provide the reasons why the local school
2228     board chose not to offer the parent seminar.
2229          Section 48. Section 53G-9-802 is amended to read:
2230          53G-9-802. Dropout prevention and recovery -- Flexible enrollment options --
2231     Contracting -- Reporting.
2232          (1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
2233     recovery services to a designated student, including:
2234          (i) engaging with or attempting to recover a designated student;
2235          (ii) developing a learning plan, in consultation with a designated student, to identify:
2236          (A) barriers to regular school attendance and achievement;
2237          (B) an attainment goal; and
2238          (C) a means for achieving the attainment goal through enrollment in one or more of the
2239     programs described in Subsection (2);
2240          (iii) monitoring a designated student's progress toward reaching the designated
2241     student's attainment goal; and
2242          (iv) providing tiered interventions for a designated student who is not making progress

2243     toward reaching the student's attainment goal.
2244          (b) An LEA shall provide the dropout prevention and recovery services described in
2245     Subsection (1)(a):
2246          (i) throughout the calendar year; and
2247          (ii) except as provided in Subsection (1)(c)(i), for each designated student who
2248     becomes a designated student while enrolled in the LEA.
2249          (c) (i) A designated student's school district of residence shall provide dropout recovery
2250     services if the designated student:
2251          (A) was enrolled in a charter school that does not include grade 12; and
2252          (B) becomes a designated student in the summer after the student completes academic
2253     instruction at the charter school through the maximum grade level the charter school is eligible
2254     to serve under the charter school's charter agreement as described in Section 53G-5-303.
2255          (ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
2256     grade 12 shall notify each of the charter school's student's district of residence, as determined
2257     under Section 53G-6-302, when the student completes academic instruction at the charter
2258     school as described in Subsection (1)(c)(i)(B).
2259          (iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
2260     contact information, and student identification number.
2261          (2) (a) An LEA shall provide flexible enrollment options for a designated student that:
2262          (i) are tailored to the designated student's learning plan developed under Subsection
2263     (1)(a)(ii); and
2264          (ii) include two or more of the following:
2265          (A) enrollment in the LEA in a traditional program;
2266          (B) enrollment in the LEA in a nontraditional program;
2267          (C) enrollment in a program offered by a private provider that has entered into a
2268     contract with the LEA to provide educational services; or
2269          (D) enrollment in a program offered by another LEA.

2270          (b) A designated student may enroll in:
2271          (i) a program offered by the LEA under Subsection (2)(a), in accordance with this
2272     public education code, rules established by the State Board of Education, and policies
2273     established by the LEA;
2274          (ii) the Electronic High School, in accordance with Title 53E, Chapter 10, Part 6,
2275     Electronic High School; or
2276          (iii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
2277     Part 5, Statewide Online Education Program.
2278          (c) An LEA shall make the LEA's best effort to accommodate a designated student's
2279     choice of enrollment under Subsection (2)(b).
2280          (3) Beginning with the 2017-18 school year and except as provided in Subsection (4),
2281     an LEA shall enter into a contract with a third party to provide the dropout prevention and
2282     recovery services described in Subsection (1)(a) for any school year in which the LEA meets
2283     the following criteria:
2284          (a) the LEA's graduation rate is lower than the statewide graduation rate; and
2285          (b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
2286     previous three school years; or
2287          (ii) during the previous calendar year, at least 10% of the LEA's designated students
2288     have not:
2289          (A) reached the students' attainment goals; or
2290          (B) made a year's worth of progress toward the students' attainment goals.
2291          (4) An LEA that is in the LEA's first three years of operation is not subject to the
2292     requirement described in Subsection (3).
2293          (5) An LEA described in Subsection (3) shall ensure that:
2294          (a) a third party with whom the LEA enters into a contract under Subsection (3) has a
2295     demonstrated record of effectiveness engaging with and recovering designated students; and
2296          (b) a contract with a third party requires the third party to:

2297          (i) provide the services described in Subsection (1)(a); and
2298          (ii) regularly report progress to the LEA.
2299          (6) An LEA shall annually submit a report to the State Board of Education on dropout
2300     prevention and recovery services provided under this section, including:
2301          (a) the methods the LEA or third party uses to engage with or attempt to recover
2302     designated students under Subsection (1)(a)(i);
2303          (b) the number of designated students who enroll in a program described in Subsection
2304     (2) as a result of the efforts described in Subsection (6)(a);
2305          (c) the number of designated students who reach the designated students' attainment
2306     goals identified under Subsection (1)(a)(ii)(B); and
2307          (d) funding allocated to provide dropout prevention and recovery services.
2308          (7) The State Board of Education shall:
2309          (a) ensure that an LEA described in Subsection (3) contracts with a third party to
2310     provide dropout prevention and recovery services in accordance with Subsections (3) and (5);
2311     and
2312          (b) [on or before October 30, 2017, and each year thereafter, report to the Education
2313     Interim Committee] report on the provisions of this section in accordance with Section
2314     53E-1-203, including a summary of the reports submitted under Subsection (6).
2315          Section 49. Section 53G-10-204 is amended to read:
2316          53G-10-204. Civic and character education -- Definitions -- Legislative finding --
2317     Elements -- Reporting requirements.
2318          (1) As used in this section:
2319          (a) "Character education" means reaffirming values and qualities of character which
2320     promote an upright and desirable citizenry.
2321          (b) "Civic education" means the cultivation of informed, responsible participation in
2322     political life by competent citizens committed to the fundamental values and principles of
2323     representative democracy in Utah and the United States.

2324          (c) "Values" means time-established principles or standards of worth.
2325          (2) The Legislature recognizes that:
2326          (a) Civic and character education are fundamental elements of the public education
2327     system's core mission as originally intended and established under Article X of the Utah
2328     Constitution;
2329          (b) Civic and character education are fundamental elements of the constitutional
2330     responsibility of public education and shall be a continuing emphasis and focus in public
2331     schools;
2332          (c) the cultivation of a continuing understanding and appreciation of a constitutional
2333     republic and principles of representative democracy in Utah and the United States among
2334     succeeding generations of educated and responsible citizens is important to the nation and
2335     state;
2336          (d) the primary responsibility for the education of children within the state resides with
2337     their parents or guardians and that the role of state and local governments is to support and
2338     assist parents in fulfilling that responsibility;
2339          (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
2340     informed and responsible citizens who are deeply attached to essential democratic values and
2341     institutions; and
2342          (f) the happiness and security of American society relies upon the public virtue of its
2343     citizens which requires a united commitment to a moral social order where self-interests are
2344     willingly subordinated to the greater common good.
2345          (3) Through an integrated curriculum, students shall be taught in connection with
2346     regular school work:
2347          (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
2348          (b) respect for and an understanding of the Declaration of Independence and the
2349     constitutions of the United States and of the state of Utah;
2350          (c) Utah history, including territorial and preterritorial development to the present;

2351          (d) the essentials and benefits of the free enterprise system;
2352          (e) respect for parents, home, and family;
2353          (f) the dignity and necessity of honest labor; and
2354          (g) other skills, habits, and qualities of character which will promote an upright and
2355     desirable citizenry and better prepare students to recognize and accept responsibility for
2356     preserving and defending the blessings of liberty inherited from prior generations and secured
2357     by the constitution.
2358          (4) Local school boards and school administrators may provide training, direction, and
2359     encouragement, as needed, to accomplish the intent and requirements of this section and to
2360     effectively emphasize civic and character education in the course of regular instruction in the
2361     public schools.
2362          (5) Civic and character education in public schools are:
2363          (a) not intended to be separate programs in need of special funding or added specialists
2364     to be accomplished; and
2365          (b) core principles which reflect the shared values of the citizens of Utah and the
2366     founding principles upon which representative democracy in the United States and the state of
2367     Utah are based.
2368          (6) To assist the Commission on Civic and Character Education in fulfilling the
2369     commission's duties under Section 67-1a-11, by [December 30] January 15 of each year, each
2370     school district and the State Charter School Board shall submit to the lieutenant governor and
2371     the commission a report summarizing how civic and character education are achieved in the
2372     school district or charter schools through an integrated school curriculum and in the regular
2373     course of school work as provided in this section.
2374          (7) [Each year, the State Board of Education] In accordance with Section 53E-1-203,
2375     the state board shall report to the Education Interim Committee[, on or before the October
2376     meeting,] the methods used, and the results being achieved, to instruct and prepare students to
2377     become informed and responsible citizens through an integrated curriculum taught in

2378     connection with regular school work as required in this section.
2379          Section 50. Section 53G-11-511 is amended to read:
2380          53G-11-511. Report of performance levels.
2381          (1) A school district shall report to the State Board of Education the number and
2382     percent of educators in each of the four levels of performance assigned under Section
2383     53G-11-508.
2384          (2) The data reported under Subsection (1) shall be separately reported for the
2385     following educator classifications:
2386          (a) administrators;
2387          (b) teachers, including separately reported data for provisional teachers and career
2388     teachers; and
2389          (c) other classifications or demographics of educators as determined by the State Board
2390     of Education.
2391          (3) The state superintendent shall include the data reported by school districts under
2392     this section in the [state superintendent's annual report of the public school system] State
2393     Superintendent's Annual Report required by Section [53E-3-301] 53E-1-203.
2394          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2395     State Board of Education shall make rules to ensure the privacy and protection of individual
2396     evaluation data.
2397          Section 51. Section 59-9-102.5 is amended to read:
2398          59-9-102.5. Offset for occupational health and safety related donations.
2399          (1) As used in this section:
2400          (a) "Occupational health and safety center" means the Rocky Mountain Center for
2401     Occupational and Environmental Health created in Title 53B, Chapter 17, Part 8, Rocky
2402     Mountain Center for Occupational and Environmental Health.
2403          (b) "Qualified donation" means a donation that is:
2404          (i) cash;

2405          (ii) given directly to an occupational health and safety center; and
2406          (iii) given exclusively for the purpose of:
2407          (A) supporting graduate level education and training in fields of:
2408          (I) safety and ergonomics;
2409          (II) industrial hygiene;
2410          (III) occupational health nursing; and
2411          (IV) occupational medicine;
2412          (B) providing continuing education programs for employers designed to promote
2413     workplace safety; and
2414          (C) paying reasonable administrative, personnel, equipment, and overhead costs of the
2415     occupational health and safety center.
2416          (c) "Workers' compensation insurer" means an admitted insurer writing workers'
2417     compensation insurance in this state that is required to pay the premium assessment imposed
2418     under Subsection 59-9-101(2).
2419          (2) (a) A workers' compensation insurer may offset against the premium assessment
2420     imposed under Subsection 59-9-101(2) an amount equal to the lesser of:
2421          (i) the total of qualified donations made by the workers' compensation insurer in the
2422     calendar year for which the premium assessment is calculated; and
2423          (ii) .10% of the workers' compensation insurer's total workers' compensation premium
2424     income as defined in Subsection 59-9-101(2)(b) in the calendar year for which the premium
2425     assessment is calculated.
2426          (b) The offset provided under this Subsection (2) shall be allocated in proportion to the
2427     percentages provided in Subsection 59-9-101(2)(c).
2428          (3) An occupational health and safety center shall:
2429          (a) provide a workers' compensation insurer a receipt for any qualified donation made
2430     by the workers' compensation insurer to the occupational health and safety center;
2431          (b) expend money received by a qualified donation:

2432          (i) for the purposes described in Subsection (1)(b)(iii); and
2433          (ii) in a manner that can be audited to ensure that the money is expended for the
2434     purposes described in Subsection (1)(b)(iii); and
2435          (c) in conjunction with the report required by Section 34A-2-202.5, report to [the
2436     Legislature through] the Office of the Legislative Fiscal Analyst for review by the Higher
2437     Education Appropriations Subcommittee by no later than [July 1] August 15 of each year:
2438          (i) the qualified donations received by the occupational health and safety center in the
2439     previous calendar year; and
2440          (ii) the expenditures during the previous calendar year of qualified donations received
2441     by the occupational health and safety center.
2442          Section 52. Section 63I-2-253 is amended to read:
2443          63I-2-253. Repeal dates -- Titles 53 through 53G.
2444          (1) Section 53A-24-602 is repealed July 1, 2018.
2445          (2) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
2446          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
2447     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
2448     make necessary changes to subsection numbering and cross references.
2449          (3) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
2450          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
2451     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2452     necessary changes to subsection numbering and cross references.
2453          (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
2454     in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
2455          (b) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
2456          (5) (a) Subsection 53B-7-707[(4)] (3)(a)(ii), the language that states "Except as
2457     provided in Subsection [(4)] (3)(b)," is repealed July 1, 2021.
2458          (b) Subsection 53B-7-707[(4)] (3)(b) is repealed July 1, 2021.

2459          (6) (a) The following sections are repealed on July 1, 2023:
2460          (i) Section 53B-8-202;
2461          (ii) Section 53B-8-203;
2462          (iii) Section 53B-8-204; and
2463          (iv) Section 53B-8-205.
2464          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
2465          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
2466     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
2467     necessary changes to subsection numbering and cross references.
2468          (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
2469     repealed July 1, 2023.
2470          (8) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
2471          (9) Section 53E-5-307 is repealed July 1, 2020.
2472          (10) Subsections 53F-2-205(4) and (5), the language that states "or 53F-2-301.5, as
2473     applicable" is repealed July 1, 2023.
2474          (11) Subsection 53F-2-301(1) is repealed July 1, 2023.
2475          (12) Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as applicable"
2476     is repealed July 1, 2023.
2477          (13) Section 53F-4-204 is repealed July 1, 2019.
2478          (14) Section 53F-6-202 is repealed July 1, 2020.
2479          (15) Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as applicable"
2480     is repealed July 1, 2023.
2481          (16) Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
2482     applicable" is repealed July 1, 2023.
2483          (17) Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
2484     applicable" is repealed July 1, 2023.
2485          (18) Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as

2486     applicable" is repealed July 1, 2023.
2487          (19) On July 1, 2023, when making changes in this section, the Office of Legislative
2488     Research and General Counsel shall, in addition to the office's authority under Subsection
2489     36-12-12(3), make corrections necessary to ensure that sections and subsections identified in
2490     this section are complete sentences and accurately reflect the office's perception of the
2491     Legislature's intent.