Chief Sponsor: Deidre M. Henderson

House Sponsor: V. Lowry Snow


8     General Description:
9          This bill waives certain statutory requirements impacted by school closures in the
10     2019-20 school year.
11     Highlighted Provisions:
12          This bill:
13          ▸     waives the requirement to pass a basic civics test or alternate assessment as a
14     condition of graduation for certain students graduating between January 1, 2020,
15     and September 30, 2020;
16          ▸     waives the requirement for school districts to complete employee evaluations for the
17     2019-20 school year;
18          ▸     waives statutory requirements to administer assessments not administered before
19     school closures on March 16, 2020; and
20          ▸     requires the State Board of Education (state board) to submit a report to the
21     Education Interim Committee that:
22               •     identifies statutory requirements impacted by assessment waivers; and
23               •     provides an explanation for statutory requirements with which the state board or
24     local education agencies will not fully comply due to the assessment waivers.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     ENACTS:
31          53E-1-204, Utah Code Annotated 1953
32          53E-4-205.1, Utah Code Annotated 1953
33          53E-4-315, Utah Code Annotated 1953
34          53G-11-504.1, Utah Code Annotated 1953

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53E-1-204 is enacted to read:
38          53E-1-204. State board report to Education Interim Committee on statutory
39     requirements impacted by assessment waivers.
40          (1) As used in this section, "assessment waiver" means the waiver of assessments
41     described in Section 53E-4-315.
42          (2) On or before the Education Interim Committee's October 2020 meeting, the state
43     board shall submit a written or oral report to the Education Interim Committee that:
44          (a) (i) identifies the statutory requirements, including programs, reports, evaluations,
45     and accountability measures, impacted by the assessment waiver; and
46          (ii) describes how each statutory requirement described in Subsection (2)(a)(i) is
47     impacted by the assessment waiver;
48          (b) (i) describes the data which the state board:
49          (A) has not collected or will not collect because of the assessment waiver; and
50          (B) has collected or will collect despite the assessment waiver; and
51          (ii) if the state board has collected or will collect data that it will not publish or report,
52     explains why the state board will not publish or report the data;
53          (c) identifies the statutory requirements with which the state board or an LEA has not
54     fully complied or will not fully comply because of the assessment waiver;
55          (d) describes the extent to which the state board or an LEA has complied or will
56     comply with statutory requirements described in Subsection (2)(c); and
57          (e) explains why the state board or an LEA has not fully complied or will not fully
58     comply with the requirements described in Subsection (2)(c).

59          (3) Notwithstanding anything to the contrary in Utah law, submission of the written or
60     oral report described in Subsection (2) fulfills a statutory requirement:
61          (a) that the state board addresses in accordance with Subsection (2); and
62          (b) with which the state board or an LEA has not fully complied as described in
63     Subsection (2)(c).
64          (4) This section supersedes any conflicting provisions of Utah law.
65          Section 2. Section 53E-4-205.1 is enacted to read:
66          53E-4-205.1. Waiver of basic civics test graduation requirement.
67          (1) As used in this section, "basic civics test" means the same as that term is defined in
68     Section 53E-4-205 or an alternate assessment described in Subsection 53E-4-205(2)(b).
69          (2) A student who graduates high school between January 1, 2020, and September 30,
70     2020, is not required to meet the requirements of Section 53E-4-205 as a condition of receiving
71     a high school diploma if:
72          (a) the student is unable to complete the basic civics test due to public health related
73     school closures;
74          (b) the student's LEA submits an application to the state board for a waiver of the
75     requirement to complete the basic civics test that includes an explanation for why the student
76     was unable to complete the basic civics test due to public health related school closures; and
77          (c) the state board grants a waiver requested under Subsection (2)(b).
78          (3) The state board may grant a waiver under this section if the state board determines
79     that a student who graduates between January 1, 2020, and September 30, 2020, was unable to
80     complete the basic civics test due to public health related school closures.
81          (4) This section supersedes conflicting provisions of Utah law.
82          Section 3. Section 53E-4-315 is enacted to read:
83          53E-4-315. Waiver of requirement to administer certain assessments.
84          (1) A statutory requirement to administer an assessment with which an LEA or the
85     state board has not fully complied at the time of statewide school closures beginning on March
86     16, 2020, is waived for the 2019-20 school year.
87          (2) Nothing in this section prohibits an LEA or the state board from administering an
88     assessment.
89          (3) This section supersedes any conflicting provisions of Utah law.

90          Section 4. Section 53G-11-504.1 is enacted to read:
91          53G-11-504.1. Waiver of employee evaluation requirement.
92          (1) For the 2019-20 school year, a school district is not required to evaluate the
93     performance of each school district employee in accordance with rules of the state board
94     adopted in accordance with this part.
95          (2) This section supersedes any conflicting provisions of Utah law.
96          Section 5. Effective date.
97          If approved by two-thirds of all the members elected to each house, this bill takes effect
98     upon approval by the governor, or the day following the constitutional time limit of Utah
99     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
100     the date of veto override.