1     
AMERICAN INDIAN AND ALASKAN NATIVE EDUCATION

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: David P. Hinkins

6     
House Sponsor: Christine F. Watkins

7     Cosponsor:
8     Jani Iwamoto


9     

10     LONG TITLE
11     General Description:
12          This bill makes an ongoing program providing grants targeted to address the needs of
13     American Indian and Alaskan Native students.
14     Highlighted Provisions:
15          This bill:
16          ▸     replaces two pilot programs with an ongoing program administered by the State
17     Board of Education consisting of a grant program to school districts and charter
18     schools to be used to fund stipends, recruitment, retention, and professional
19     development of teachers who teach in American Indian and Alaskan Native
20     concentrated schools; and
21          ▸     makes technical corrections.
22     Money Appropriated in this Bill:
23          This bill appropriates in fiscal year 2021:
24          ▸     to State Board of Education -- General System Support, as an ongoing
25     appropriation:
26               •     from Education Fund, $250,000.
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53F-5-602, as last amended by Laws of Utah 2019, Chapters 186 and 246
32          53F-5-603, as last amended by Laws of Utah 2019, Chapter 186
33          53F-5-604, as last amended by Laws of Utah 2019, Chapter 246
34          63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
35     325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
36     246
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53F-5-602 is amended to read:
40          53F-5-602. Program created.
41          (1) (a) In addition to the state plan adopted under Laws of Utah 2015, Chapter 53,
42     Section 7, beginning with fiscal year [2016-2017] 2020-2021, there is created a [five-year
43     pilot] program administered by the state board to provide grants targeted to address the needs
44     of American Indian and Alaskan Native students.
45          (b) The [pilot] program shall consist of a grant program to school districts and charter
46     schools to be used to fund stipends, recruitment, retention, and professional development of
47     teachers who teach in American Indian and Alaskan Native concentrated schools.
48          [(2) (a) Beginning with fiscal year 2017-2018, there is created a four-year pilot
49     program administered by the state board to provide grants targeted to address the needs of
50     American Indian and Alaskan Native students.]
51          [(b) The pilot program shall consist of a grant program to school districts and charter
52     schools to be used to fund stipends, recruitment, retention, and professional development of
53     teachers who teach in American Indian and Alaskan Native concentrated schools.]
54          (c) In determining grant recipients [under this Subsection (2)] for at least two-thirds of
55     the money appropriated to the program, the state board shall give priority to American Indian
56     and Alaskan Native concentrated schools located in a county of the fourth, fifth, or sixth class
57     with significant populations of American Indians and Alaskan Natives.
58          [(3)] (2) Up to 3% of the money appropriated to [a] the grant program under this part
59     may be used by the state board for costs in implementing the [pilot] program.
60          Section 2. Section 53F-5-603 is amended to read:
61          53F-5-603. Grant program to school districts and charter schools.
62          (1) From money appropriated to the grant program, the state board shall distribute
63     grant money on a competitive basis to a school district or charter school that applies for a grant
64     and:
65          (a) (i) has within the school district one or more American Indian and Alaskan Native
66     concentrated schools; or
67          (ii) is an American Indian and Alaskan Native concentrated school; and
68          (b) has a program to fund stipends, recruitment, retention, and professional
69     development of teachers who teach at American Indian and Alaskan Native concentrated
70     schools.
71          (2) The grant money distributed under this section may only be expended to fund a
72     program described in Subsection (1)(b).
73          (3) (a) If a school district or charter school obtains a grant under this section, by no
74     later than two years from the date the school district or charter school obtains the grant, the
75     state board shall review the implementation of the program described in Subsection (1)(b) to
76     determine whether:
77          (i) the program is effective in addressing the need to retain teachers at American Indian
78     and Alaskan Native concentrated schools; and
79          (ii) the money is being spent for a purpose not covered by the program described in
80     Subsection (1)(b).
81          (b) If the state board determines that the program is not effective or that the money is
82     being spent for a purpose not covered by the program described in Subsection (1)(b), the state
83     board may terminate the grant money being distributed to [the] a school district or charter
84     school.
85          (4) The state board may make rules providing:
86          (a) criteria for evaluating grant applications; and
87          (b) procedures for:
88          (i) a school district to apply to the state board to receive grant money under this
89     section; and
90          (ii) the review of the use of grant money described in Subsection (3).
91          (5) The grant money is intended to supplement and not replace existing money
92     supporting American Indian and Alaskan Native concentrated schools, except that the grant
93     money is intended to replace grants awarded under pilot programs supporting American Indian
94     and Alaskan Native concentrated schools that have ended.
95          Section 3. Section 53F-5-604 is amended to read:
96          53F-5-604. Liaison -- Reporting -- Meeting.
97          (1) Subject to budget constraints, the superintendent of public instruction appointed
98     under Section 53E-3-301 shall appoint an individual as the American Indian-Alaskan Native
99     Public Education Liaison.
100          (2) The liaison shall:
101          (a) work under the direction of the superintendent in the development and
102     implementation of the state plan; and
103          (b) annually report to the Native American Legislative Liaison Committee created
104     under Section 36-22-1 [during the term of a pilot program under this part] regarding:
105          (i) what entities receive a grant under this part;
106          (ii) the effectiveness of the expenditures of grant money; and
107          (iii) recommendations, if any, for additional legislative action.
108          (3) The Native American Legislative Liaison Committee shall annually schedule at
109     least one meeting at which education is discussed with selected stakeholders.
110          Section 4. Section 63I-1-253 is amended to read:
111          63I-1-253. Repeal dates, Titles 53 through 53G.
112          The following provisions are repealed on the following dates:
113          (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
114     repealed July 1, 2022.
115          (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
116     July 1, 2022.
117          (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
118          (4) Section 53B-18-1501 is repealed July 1, 2021.
119          (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
120          (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
121          (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
122     from the Land Exchange Distribution Account to the Geological Survey for test wells, other
123     hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
124          (8) Section 53E-3-515 is repealed January 1, 2023.
125          (9) In relation to a standards review committee, on January 1, 2023:
126          (a) in Subsection 53E-4-202(8), the language that states "by a standards review
127     committee and the recommendations of a standards review committee established under
128     Section 53E-4-203" is repealed; and
129          (b) Section 53E-4-203 is repealed.
130          (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
131          (a) Subsection 53B-17-1201(1) is repealed;
132          (b) Section 53B-17-1203 is repealed;
133          (c) Subsection 53B-17-1204(2) is repealed;
134          (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
135     method described in Subsection (4)(c)" is repealed; and
136          (e) Subsection 53B-17-1204(4)(c) is repealed.
137          (11) Section 53F-2-514 is repealed July 1, 2020.
138          (12) Section 53F-5-203 is repealed July 1, 2024.
139          (13) Section 53F-5-212 is repealed July 1, 2024.
140          (14) Section 53F-5-213 is repealed July 1, 2023.
141          [(15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education
142     State Plan Pilot Program, is repealed July 1, 2022.]
143          [(16)] (15) Section 53F-6-201 is repealed July 1, 2019.
144          [(17)] (16) Section 53F-9-501 is repealed January 1, 2023.
145          [(18)] (17) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
146     Commission, are repealed January 1, 2025.
147          [(19)] (18) Subsection 53G-8-211(4), regarding referrals of a minor to court for a class
148     C misdemeanor, is repealed July 1, 2020.
149          Section 5. Appropriation.
150          The following sums of money are appropriated for the fiscal year beginning July 1,
151     2020 and ending June 30, 2021. These are additions to amounts previously appropriated for
152     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
153     Act, the Legislature appropriates the following sums of money from the funds or accounts
154     indicated for the use and support of the government of the state of Utah.
155     ITEM 1
156          To State Board of Education -- General System Support
157               From Education Fund
$250,000

158               Schedule of Programs:
159                    Teaching and Learning          $250,000
160          It is the intent of the Legislature that the State Board of Education spend this funding on
161     the Teacher Retention Grant Program made ongoing by this bill.