Representative Adam Robertson proposes the following substitute bill:




Chief Sponsor: Keith Grover

House Sponsor: Adam Robertson


8     General Description:
9          This bill amends provisions related to public education.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires a local education agency to:
14               •     provide parents with access to curriculum that the local education agency uses;
15     and
16               •     for each grading period, provide a student a grade or performance report for
17     each course in which the student is enrolled that reflects the student's work,
18     including the student's progress based on mastery, during the grading period;
19          ▸     requires a local education agency to provide a student enrolled in an online course
20     and the student's parent with access to certain information;
21          ▸     repeals requirements related to the State Charter School Board reviewing the
22     application for a charter school seeking authorization from an institution of higher
23     education board of trustees; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53G-4-402, as last amended by Laws of Utah 2020, Chapter 347
32          53G-5-306, as last amended by Laws of Utah 2020, Chapter 365
33          53G-5-404, as last amended by Laws of Utah 2020, Chapters 30 and 192
34     ENACTS:
35          53G-6-804, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53G-4-402 is amended to read:
39          53G-4-402. Powers and duties generally.
40          (1) A local school board shall:
41          (a) implement the core standards for Utah public schools using instructional materials
42     that best correlate to the core standards for Utah public schools and graduation requirements;
43          (b) administer tests, required by the state board, which measure the progress of each
44     student, and coordinate with the state superintendent and state board to assess results and create
45     plans to improve the student's progress, which shall be submitted to the state board for
46     approval;
47          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
48     students that need remediation and determine the type and amount of federal, state, and local
49     resources to implement remediation;
50          (d) for each grading period and for each course in which a student is enrolled, issue a
51     grade or performance report to the student:
52          (i) that reflects the student's work, including the student's progress based on mastery,
53     for the grading period; and
54          (ii) in accordance with the local school board's adopted grading or performance
55     standards and criteria;
56          [(d)] (e) develop early warning systems for students or classes failing to make progress;

57          [(e)] (f) work with the state board to establish a library of documented best practices,
58     consistent with state and federal regulations, for use by the local districts;
59          [(f)] (g) implement training programs for school administrators, including basic
60     management training, best practices in instructional methods, budget training, staff
61     management, managing for learning results and continuous improvement, and how to help
62     every child achieve optimal learning in basic academic subjects; and
63          [(g)] (h) ensure that the local school board meets the data collection and reporting
64     standards described in Section 53E-3-501.
65          (2) Local school boards shall spend Minimum School Program funds for programs and
66     activities for which the state board has established minimum standards or rules under Section
67     53E-3-501.
68          (3) (a) A local school board may purchase, sell, and make improvements on school
69     sites, buildings, and equipment and construct, erect, and furnish school buildings.
70          (b) School sites or buildings may only be conveyed or sold on local school board
71     resolution affirmed by at least two-thirds of the members.
72          (4) (a) A local school board may participate in the joint construction or operation of a
73     school attended by children residing within the district and children residing in other districts
74     either within or outside the state.
75          (b) Any agreement for the joint operation or construction of a school shall:
76          (i) be signed by the president of the local school board of each participating district;
77          (ii) include a mutually agreed upon pro rata cost; and
78          (iii) be filed with the state board.
79          (5) A local school board may establish, locate, and maintain elementary, secondary,
80     and applied technology schools.
81          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
82     in school who are at least five years of age before September 2 of the year in which admission
83     is sought.
84          (7) A local school board may establish and support school libraries.
85          (8) A local school board may collect damages for the loss, injury, or destruction of
86     school property.
87          (9) A local school board may authorize guidance and counseling services for children

88     and their parents before, during, or following enrollment of the children in schools.
89          (10) (a) A local school board shall administer and implement federal educational
90     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
91     Education Programs.
92          (b) Federal funds are not considered funds within the school district budget under
93     Chapter 7, Part 3, Budgets.
94          (11) (a) A local school board may organize school safety patrols and adopt policies
95     under which the patrols promote student safety.
96          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
97     parental consent for the appointment.
98          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
99     of a highway intended for vehicular traffic use.
100          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
101     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
102     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
103          (12) (a) A local school board may on its own behalf, or on behalf of an educational
104     institution for which the local school board is the direct governing body, accept private grants,
105     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
106          (b) These contributions are not subject to appropriation by the Legislature.
107          (13) (a) A local school board may appoint and fix the compensation of a compliance
108     officer to issue citations for violations of Subsection 76-10-105(2)(b).
109          (b) A person may not be appointed to serve as a compliance officer without the
110     person's consent.
111          (c) A teacher or student may not be appointed as a compliance officer.
112          (14) A local school board shall adopt bylaws and policies for the local school board's
113     own procedures.
114          (15) (a) A local school board shall make and enforce policies necessary for the control
115     and management of the district schools.
116          (b) Local school board policies shall be in writing, filed, and referenced for public
117     access.
118          (16) A local school board may hold school on legal holidays other than Sundays.

119          (17) (a) A local school board shall establish for each school year a school traffic safety
120     committee to implement this Subsection (17).
121          (b) The committee shall be composed of one representative of:
122          (i) the schools within the district;
123          (ii) the Parent Teachers' Association of the schools within the district;
124          (iii) the municipality or county;
125          (iv) state or local law enforcement; and
126          (v) state or local traffic safety engineering.
127          (c) The committee shall:
128          (i) receive suggestions from school community councils, parents, teachers, and others
129     and recommend school traffic safety improvements, boundary changes to enhance safety, and
130     school traffic safety program measures;
131          (ii) review and submit annually to the Department of Transportation and affected
132     municipalities and counties a child access routing plan for each elementary, middle, and junior
133     high school within the district;
134          (iii) consult the Utah Safety Council and the Division of Family Health Services and
135     provide training to all school children in kindergarten through grade 6, within the district, on
136     school crossing safety and use; and
137          (iv) help ensure the district's compliance with rules made by the Department of
138     Transportation under Section 41-6a-303.
139          (d) The committee may establish subcommittees as needed to assist in accomplishing
140     [its] the committee's duties under Subsection (17)(c).
141          (18) (a) A local school board shall adopt and implement a comprehensive emergency
142     response plan to prevent and combat violence in the local school board's public schools, on
143     school grounds, on its school vehicles, and in connection with school-related activities or
144     events.
145          (b) The plan shall:
146          (i) include prevention, intervention, and response components;
147          (ii) be consistent with the student conduct and discipline policies required for school
148     districts under Chapter 11, Part 2, Miscellaneous Requirements;
149          (iii) require professional learning for all district and school building staff on what their

150     roles are in the emergency response plan;
151          (iv) provide for coordination with local law enforcement and other public safety
152     representatives in preventing, intervening, and responding to violence in the areas and activities
153     referred to in Subsection (18)(a); and
154          (v) include procedures to notify a student, to the extent practicable, who is off campus
155     at the time of a school violence emergency because the student is:
156          (A) participating in a school-related activity; or
157          (B) excused from school for a period of time during the regular school day to
158     participate in religious instruction at the request of the student's parent.
159          (c) The state board, through the state superintendent, shall develop comprehensive
160     emergency response plan models that local school boards may use, where appropriate, to
161     comply with Subsection (18)(a).
162          (d) A local school board shall, by July 1 of each year, certify to the state board that its
163     plan has been practiced at the school level and presented to and reviewed by its teachers,
164     administrators, students, and their parents and local law enforcement and public safety
165     representatives.
166          (19) (a) A local school board may adopt an emergency response plan for the treatment
167     of sports-related injuries that occur during school sports practices and events.
168          (b) The plan may be implemented by each secondary school in the district that has a
169     sports program for students.
170          (c) The plan may:
171          (i) include emergency personnel, emergency communication, and emergency
172     equipment components;
173          (ii) require professional learning on the emergency response plan for school personnel
174     who are involved in sports programs in the district's secondary schools; and
175          (iii) provide for coordination with individuals and agency representatives who:
176          (A) are not employees of the school district; and
177          (B) would be involved in providing emergency services to students injured while
178     participating in sports events.
179          (d) The local school board, in collaboration with the schools referred to in Subsection
180     (19)(b), may review the plan each year and make revisions when required to improve or

181     enhance the plan.
182          (e) The state board, through the state superintendent, shall provide local school boards
183     with an emergency plan response model that local school boards may use to comply with the
184     requirements of this Subsection (19).
185          (20) A local school board shall do all other things necessary for the maintenance,
186     prosperity, and success of the schools and the promotion of education.
187          (21) (a) Before closing a school or changing the boundaries of a school, a local school
188     board shall:
189          (i) at least 120 days before approving the school closure or school boundary change,
190     provide notice to the following that the local school board is considering the closure or
191     boundary change:
192          (A) parents of students enrolled in the school, using the same form of communication
193     the local school board regularly uses to communicate with parents;
194          (B) parents of students enrolled in other schools within the school district that may be
195     affected by the closure or boundary change, using the same form of communication the local
196     school board regularly uses to communicate with parents; and
197          (C) the governing council and the mayor of the municipality in which the school is
198     located;
199          (ii) provide an opportunity for public comment on the proposed school closure or
200     school boundary change during at least two public local school board meetings; and
201          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
202     the public hearing as described in Subsection (21)(b).
203          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
204          (i) indicate the:
205          (A) school or schools under consideration for closure or boundary change; and
206          (B) the date, time, and location of the public hearing;
207          (ii) at least 10 days before the public hearing, be:
208          (A) published:
209          (I) in a newspaper of general circulation in the area; and
210          (II) on the Utah Public Notice Website created in Section 63F-1-701; and
211          (B) posted in at least three public locations within the municipality in which the school

212     is located on the school district's official website, and prominently at the school; and
213          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
214     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
215          (22) A local school board may implement a facility energy efficiency program
216     established under Title 11, Chapter 44, Performance Efficiency Act.
217          (23) A local school board may establish or partner with a certified youth court
218     program, in accordance with Section 78A-6-1203, or establish or partner with a comparable
219     restorative justice program, in coordination with schools in that district. A school may refer a
220     student to youth court or a comparable restorative justice program in accordance with Section
221     53G-8-211.
222          (24) A local school board shall:
223          (a) make curriculum that the school district uses readily accessible and available for a
224     parent to view;
225          (b) annually notify a parent of a student enrolled in the school district of how to access
226     the information described in Subsection (24)(a); and
227          (c) include on the school district's website information about how to access the
228     information described in Subsection (24)(a).
229          Section 2. Section 53G-5-306 is amended to read:
230          53G-5-306. Charter schools authorized by a board of trustees of a higher
231     education institution -- Application process -- Board of trustees responsibilities.
232          (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302
233     may enter into an agreement with a board of trustees of a higher education institution
234     authorizing the applicant to establish and operate a charter school.
235          (2) (a) An applicant applying for authorization from a board of trustees to establish and
236     operate a charter school shall provide a copy of the application to [the State Charter School
237     Board and] the local school board of the school district in which the proposed charter school
238     will be located either before or at the same time the applicant files the application with the
239     board of trustees.
240          (b) The [State Charter School Board and the] local school board may review the
241     application and offer suggestions or recommendations to the applicant or the board of trustees
242     before acting on the application.

243          (c) The board of trustees shall give due consideration to suggestions or
244     recommendations made by [the State Charter School Board or] the local school board under
245     Subsection (2)(b).
246          (3) The state board shall make a rule providing a timeline for the opening of a charter
247     school following the approval of a charter school application by a board of trustees.
248          (4) After approval of a charter school application, the applicant and the board of
249     trustees shall set forth the terms and conditions for the operation of the charter school in a
250     written charter agreement.
251          (5) (a) The school's charter agreement may include a provision that the charter school
252     pay an annual fee for the board of trustees' costs in providing oversight of, and technical
253     support to, the charter school in accordance with Section 53G-5-205.
254          (b) In the first two years that a charter school is in operation, an annual fee described in
255     Subsection (5)(a) may not exceed the product of 3% of the revenue the charter school receives
256     from the state in the current fiscal year.
257          (c) Beginning with the third year that a charter school is in operation, an annual fee
258     described in Subsection (5)(a) may not exceed the product of 1% of the revenue a charter
259     school receives from the state in the current fiscal year.
260          (d) An annual fee described in Subsection (5)(a) shall be:
261          (i) paid to the board of trustees' higher education institution; and
262          (ii) expended as directed by the board of trustees.
263          (6) (a) In addition to complying with the requirements of this section, a technical
264     college board of trustees described in Section 53B-2a-108 shall obtain the approval of the Utah
265     Board of Higher Education before entering into an agreement to establish and operate a charter
266     school.
267          (b) If a technical college board of trustees approves an application to establish and
268     operate a charter school, the technical college board of trustees shall submit the application to
269     the Utah Board of Higher Education.
270          (c) The Utah Board of Higher Education shall, by majority vote, within 60 days of
271     receipt of an application described in Subsection (6)(b), approve or deny the application.
272          (d) The Utah Board of Higher Education may deny an application approved by a
273     technical college board of trustees if the proposed charter school does not accomplish a

274     purpose of charter schools as provided in Section 53G-5-104.
275          (e) A charter school application may not be denied on the basis that the establishment
276     of the charter school will have any or all of the following impacts on a public school, including
277     another charter school:
278          (i) an enrollment decline;
279          (ii) a decrease in funding; or
280          (iii) a modification of programs or services.
281          (7) (a) Subject to the requirements of this chapter and other related provisions, a
282     technical college board of trustees may establish:
283          (i) procedures for submitting applications to establish and operate a charter school; or
284          (ii) criteria for approval of an application to establish and operate a charter school.
285          (b) The Utah Board of Higher Education may not establish policy governing the
286     procedures or criteria described in Subsection (7)(a).
287          (8) Before a technical college board of trustees accepts a charter school application, the
288     technical college board of trustees shall, in accordance with state board rules, establish and
289     make public:
290          (a) application requirements, in accordance with Section 53G-5-302;
291          (b) the application process, including timelines, in accordance with this section; and
292          (c) minimum academic, financial, and enrollment standards.
293          Section 3. Section 53G-5-404 is amended to read:
294          53G-5-404. Requirements for charter schools.
295          (1) A charter school shall be nonsectarian in its programs, admission policies,
296     employment practices, and operations.
297          (2) A charter school may not charge tuition or fees, except those fees normally charged
298     by other public schools.
299          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
300     civil rights requirements.
301          (4) (a) A charter school shall:
302          (i) make the same annual reports required of other public schools under this public
303     education code, including an annual financial audit report described in Section 53G-4-404;
304          (ii) ensure that the charter school meets the data and reporting standards described in

305     Section 53E-3-501; and
306          (iii) use fund and program accounting methods and standardized account codes capable
307     of producing financial reports that comply with:
308          (A) generally accepted accounting principles;
309          (B) the financial reporting requirements applicable to LEAs established by the state
310     board under Section 53E-3-501; and
311          (C) accounting report standards established by the state auditor as described in Section
312     51-2a-301.
313          (b) Before, and as a condition for opening a charter school:
314          (i) a charter school shall:
315          (A) certify to the authorizer that the charter school's accounting methods meet the
316     requirements described in Subsection (4)(a)(iii); or
317          (B) if the authorizer requires, conduct a performance demonstration to verify that the
318     charter school's accounting methods meet the requirements described in Subsection (4)(a)(iii);
319     and
320          (ii) the authorizer shall certify to the state board that the charter school's accounting
321     methods meet the requirements described in Subsection (4)(a)(iii).
322          (c) A charter school shall file the charter school's annual financial audit report with the
323     Office of the State Auditor within six months of the end of the fiscal year.
324          (d) For the limited purpose of compliance with federal and state law governing use of
325     public education funds, including restricted funds, and making annual financial audit reports
326     under this section, a charter school is a government entity governed by the public education
327     code.
328          (5) (a) A charter school shall be accountable to the charter school's authorizer for
329     performance as provided in the school's charter agreement.
330          (b) To measure the performance of a charter school, an authorizer may use data
331     contained in:
332          (i) the charter school's annual financial audit report;
333          (ii) a report submitted by the charter school as required by statute; or
334          (iii) a report submitted by the charter school as required by its charter agreement.
335          (c) A charter school authorizer may not impose performance standards, except as

336     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
337     accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise
338     provided in law.
339          (6) A charter school may not advocate unlawful behavior.
340          (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
341     managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
342     authorization.
343          (8) A charter school shall provide adequate liability and other appropriate insurance,
344     including:
345          (a) general liability, errors and omissions, and directors and officers liability coverage
346     through completion of the closure of a charter school under Section 53G-5-504; and
347          (b) tail coverage or closeout insurance covering at least one year after closure of the
348     charter school.
349          (9) Beginning on July 1, 2014, a charter school, including a charter school that has not
350     yet opened, shall submit any lease, lease-purchase agreement, or other contract or agreement
351     relating to the charter school's facilities or financing of the charter school's facilities to the
352     school's authorizer and an attorney for review and advice before the charter school enters the
353     lease, agreement, or contract.
354          (10) A charter school may not employ an educator whose license is suspended or
355     revoked by the state board under Section 53E-6-604.
356          (11) (a) Each charter school shall register and maintain the charter school's registration
357     as a limited purpose entity, in accordance with Section 67-1a-15.
358          (b) A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is
359     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
360          (c) If a charter school is an operating charter school with affiliated satellite charter
361     schools, as defined in Section 53G-5-303:
362          (i) the operating charter school shall register as a limited purpose entity as defined in
363     Section 67-1a-15;
364          (ii) each affiliated satellite charter school is not required to register separately from the
365     operating charter school; and
366          (iii) the operating charter school shall:

367          (A) register on behalf of each affiliated satellite charter school; and
368          (B) when submitting entity registry information under Section 67-1a-15 on behalf of
369     each affiliated satellite charter school, identify and distinguish registry information for each
370     affiliated satellite, including the address of each affiliated satellite charter school and the name
371     and contact information of a primary contact for each affiliated satellite charter school.
372          (12) (a) As used in this Subsection (12), "contracting entity" means a person with
373     which a charter school contracts.
374          (b) A charter school shall provide to the charter school's authorizer any information or
375     documents requested by the authorizer, including documents held by a subsidiary of the charter
376     school or a contracting entity:
377          (i) to confirm the charter school's compliance with state or federal law governing the
378     charter school's finances or governance; or
379          (ii) to carry out the authorizer's statutory obligations, including liquidation and
380     assignment of assets, and payment of debt in accordance with state board rule, as described in
381     Section 53G-5-504.
382          (c) A charter school shall comply with a request described in Subsection (12)(b),
383     including after an authorizer recommends closure of the charter school or terminates the charter
384     school's contract.
385          (d) Documents held by a contracting entity or subsidiary of a charter school that are
386     necessary to demonstrate the charter school's compliance with state or federal law are the
387     property of the charter school.
388          (e) A charter school shall include in an agreement with a subsidiary of the charter
389     school or a contracting entity a provision that stipulates that documents held by the subsidiary
390     or a contracting entity, that are necessary to demonstrate the charter school's financial
391     compliance with federal or state law, are the property of the charter school.
392          (13) For each grading period and for each course in which a student is enrolled, a
393     charter school shall issue a grade or performance report to the student:
394          (a) that reflects the student's work, including the student's progress based on mastery,
395     for the grading period; and
396          (b) in accordance with the charter school's adopted grading or performance standards
397     and criteria.

398          (14) A charter school shall:
399          (a) make curriculum that the charter school uses readily accessible and available for a
400     parent to view;
401          (b) annually notify a parent of a student enrolled in the charter school of how to access
402     the information described in Subsection (14)(a); and
403          (c) include on the charter school's website information about how to access the
404     information described in Subsection (14)(a).
405          Section 4. Section 53G-6-804 is enacted to read:
406          53G-6-804. Parent access to learning management system for online courses --
407     Training.
408          (1) As used in this section:
409          (a) "Learning Management System" means a software application for the
410     administration, documentation, tracking, reporting, automation, or delivery of an online course.
411          (b) "Online course" means a course that an LEA provides to a student over the Internet.
412          (2) An LEA that uses a learning management system for an online course shall
413     provide:
414          (a) to the parent of a student enrolled in the online course, access to the learning
415     management system, including, at a minimum:
416          (i) the curriculum used for the course; and
417          (ii) information about the progress and learning of the parent's student, including
418     assessment results; and
419          (b) to a student enrolled in the course and the student's parent, training or orientation to
420     help the student and student's parent understand how to access:
421          (i) the learning management system;
422          (ii) the online course; and
423          (iii) any online tools used to deliver the online course or instruction.