1     
REFUGEE AND IMMIGRANT STUDENT POLICIES

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Dan N. Johnson

6     
Senate Sponsor: Daniel W. Thatcher

7     Cosponsors:
8     Karen Kwan
Carol Spackman Moss
Steve Waldrip
Christine F. Watkins

9     

10     LONG TITLE
11     General Description:
12          This bill amends provisions related to enrollment of refugee and immigrant students in
13     public schools.
14     Highlighted Provisions:
15          This bill:
16          ▸     requires the State Board of Education to create a repository for immigrant students'
17     and foreign exchange students' transcripts;
18          ▸     amends requirements for when:
19               •      an individual enrolling a student in a school is unable to produce the student's
20     birth certificate; and
21               •     a student's birth certificate does not accurately reflect the student's age;
22          ▸     amends requirements related to conditional enrollment when a school has not
23     received a student's complete immunization record;
24          ▸     defines terms; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          53G-6-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
33          53G-9-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
34          53G-9-308, as renumbered and amended by Laws of Utah 2018, Chapter 3
35     ENACTS:
36          53E-3-524, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53E-3-524 is enacted to read:
40          53E-3-524. Newcomer student and foreign exchange student transcript repository.
41          (1) As used in this section:
42          (a) "Newcomer student" means a student who:
43          (i) is three through 21 years old;
44          (ii) was not born in any state; and
45          (iii) has not attended one or more schools in one or more states for more than three full
46     academic years.
47          (b) "Qualified social service provider" means a social service provider that works
48     directly with a student's family.
49          (c) "Repository" means the online transcript repository described in Subsection (2).
50          (d) "Social service provider" means:
51          (i) one of the following professionals, licensed to practice under Section 58-60-205:
52          (A) a clinical social worker;
53          (B) a certified social worker;
54          (C) a certified social worker intern; or
55          (D) a social service worker; or
56          (ii) staff employed to provide direct support to a professional described in Subsection
57     (1)(d)(i).
58          (e) "State" means:
59          (i) a state of the United States;
60          (ii) the District of Columbia; or
61          (iii) the Commonwealth of Puerto Rico.
62          (f) "Student" means an individual who is enrolled in:
63          (i) a public school within the state of Utah; and
64          (ii) any grade from kindergarten through grade 12.
65          (g) (i) "Transcript" means documentation of a newcomer student's or foreign exchange
66     student's prior educational experience.
67          (ii) "Transcript" includes oral representations about prior educational experience that a
68     school or an LEA documents.
69          (2) On or before July 1, 2024, the state board shall establish and maintain, as part of
70     the Utah school information management system described in Section 53E-3-518, an online
71     repository for transcripts.
72          (3) The state board shall:
73          (a) ensure that the repository provides a central location for:
74          (i) an LEA to upload transcripts; and
75          (ii) LEAs and qualified service providers to share information regarding transcripts,
76     including:
77          (A) best practices for linguistic interpretation;
78          (B) interpretation of educational experiences; and
79          (C) placement of newcomer students;
80          (b) ensure that use of the repository:
81          (i) is voluntary; and
82          (ii) complies with all state and federal student privacy requirements, including:
83          (A) Title 53E, Chapter 9, Student Privacy and Data Protection; and
84          (B) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
85          (c) provide the repository at no cost to LEAs;
86          (d) provide access to the repository to qualified social service providers;
87          (e) establish appropriate access protocols in coordination with LEAs and qualified
88     social service providers; and
89          (f) annually, before the school enrollment period begins, provide notice of the
90     repository to interested parties that the state board designates in state board rule.
91          (4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
92     Administrative Rulemaking Act, to implement this section, including rules:
93          (a) establishing procedures:
94          (i) to protect student data related to the repository in compliance with Title 53E,
95     Chapter 9, Student Privacy and Data Protection; and
96          (ii) for the use of the repository by the state board, LEAs, and qualified social service
97     providers;
98          (b) requiring repository users to enter into a data sharing agreement; and
99          (c) designating the interested parties described in Subsection (3)(f).
100          Section 2. Section 53G-6-603 is amended to read:
101          53G-6-603. Requirement of birth certificate for enrollment of students --
102     Procedures.
103          (1) As used in this section:
104          (a) "Child trafficking" means human trafficking of a child in violation of Section
105     76-5-308.5.
106          (b) "Enroller" means an individual who enrolls a student in a public school.
107          (c) "Review team" means a team described in Subsection (4), assigned to determine a
108     student's biological age as described in this section.
109          (d) "Social service provider" means the same as that term is defined in Section
110     53E-3-524.
111          [(1) Upon] (2) Except as provided in Subsection (3), upon enrollment of a student for
112     the first time in a particular school, that school shall notify the enroller in writing [the person
113     enrolling the student] that within 30 days [he must] the enroller shall provide to the school
114     either:
115          (a) a certified copy of the student's birth certificate[,]; or
116          (b) (i) other reliable proof of the student's [identity and age, together with]:
117          (A) identity;
118          (B) biological age; and
119          (C) relationship to the student's legally responsible individual; and
120          (ii) an affidavit explaining the enroller's inability to produce a copy of the student's
121     birth certificate.
122          [(2) (a) Upon the failure of a person enrolling a student to comply with Subsection (1),
123     the school shall notify that person in writing that unless he complies within 10 days the case
124     shall be referred to the local law enforcement authority for investigation.]
125          [(b) If compliance is not obtained within that 10 day period, the school shall refer the
126     case to the division.]
127          [(3) The school shall immediately report to the division any affidavit received pursuant
128     to this subsection which appears inaccurate or suspicious.]
129          (3) (a) If the documentation described in Subsection (2)(a) or (2)(b)(i) inaccurately
130     reflects the student's biological age, the enroller shall provide to the school:
131          (i) an affidavit explaining the reasons for the inaccuracy described in Subsection (3)(a);
132     and
133          (ii) except as provided in Subsection (4), supporting documentation that establishes the
134     student's biological age.
135          (b) The supporting documentation described in Subsection (3)(a)(ii) may include:
136          (i) a religious, hospital, or physician certificate showing the student's date of birth;
137          (ii) an entry in a family religious text;
138          (iii) an adoption record;
139          (iv) previously verified school records;
140          (v) previously verified immunization records;
141          (vi) documentation from a social service provider; or
142          (vii) other legal documentation, including from a consulate, that reflects the student's
143     biological age.
144          (4) (a) If the supporting documentation described in Subsection (3)(b) is not available,
145     the school shall assign a review team to work with the enroller to determine the student's
146     biological age for an LEA to use for a student's enrollment and appropriate placement in a
147     public school.
148          (b) The review team described in Subsection (4)(a):
149          (i) may include:
150          (A) an appropriate district administrator;
151          (B) the student's teacher or teachers;
152          (C) the school principal;
153          (D) a school counselor;
154          (E) a school social worker;
155          (F) a school psychologist;
156          (G) a culturally competent and trauma-informed community representative;
157          (H) a school nurse or other school health specialist;
158          (I) an interpreter, if necessary; or
159          (J) a relevant educational equity administrator; and
160          (ii) shall include at least three members, at least one of which has completed the
161     instruction described in Subsection 53G-9-207(3)(a), no more than two years prior to the
162     member's appointment to the review team.
163          (c) In addition to any duty to comply with the mandatory reporting requirements
164     described in Sections 53E-6-701 and 62A-4a-403, a school shall report to local law
165     enforcement and to the division any sign of child trafficking that the review team identifies in
166     carrying out the review team's duties described in Subsection (4)(a).
167          Section 3. Section 53G-9-306 is amended to read:
168          53G-9-306. Immunization record part of student's record -- School review
169     process at enrollment -- Transfer.
170          (1) Each school:
171          (a) shall request an immunization record for each student at the time the student enrolls
172     in the school;
173          (b) may not charge a fee related to receiving or reviewing an immunization record or a
174     vaccination exemption form; and
175          (c) shall retain an immunization record for each enrolled student as part of the student's
176     permanent school record.
177          (2) (a) Within five business days after the day on which a student enrolls in a school,
178     an individual designated by the school principal or administrator shall:
179          (i) determine whether the school has received an immunization record for the student;
180          (ii) review the student's immunization record to determine whether the record complies
181     with Subsection 53G-9-302(1); and
182          (iii) identify any deficiencies in the student's immunization record.
183          (b) If the school has not received a student's immunization record or there are
184     deficiencies in the immunization record, the school shall:
185          (i) place the student on conditional enrollment, in accordance with Section 53G-9-308;
186     and
187          (ii) within five days after the day on which the school places the student on conditional
188     enrollment, provide the [written] notice described in Subsection [53G-9-308(2)] 53G-9-308(3).
189          (3) A school from which a student transfers shall provide the student's immunization
190     record to the student's new school upon request of the student's legally responsible individual.
191          Section 4. Section 53G-9-308 is amended to read:
192          53G-9-308. Conditional enrollment -- Suspension for noncompliance --
193     Procedure.
194          (1) As used in this section:
195          (a) "Enroller" means the same as that term is defined in Section 53G-6-603.
196          (b) "Newcomer student" means the same as that term is defined in Section 53E-3-524.
197          (c) "Social service provider" means the same as that term is defined in Section
198     53E-3-524.
199          [(1)] (2) A student for whom a school has not received a complete immunization
200     record may attend the school on a conditional enrollment:
201          (a) during the period in which the student's immunization record is under review by the
202     school; or
203          (b) for [21] 30 calendar days after the day on which the school provides the notice
204     described in Subsection [(2)] (3).
205          [(2)] (3) (a) Within five days after the day on which a school places a student on
206     conditional enrollment, the school shall provide [written notice to the student's legally
207     responsible individual, in person or by mail, that] notice to the enroller that:
208          (i) the school has placed the student on conditional enrollment for failure to comply
209     with the requirements of Subsection 53G-9-302(1);
210          (ii) describes the identified deficiencies in the student's immunization record or states
211     that the school has not received an immunization record for the student;
212          (iii) gives notice that the student will not be allowed to attend school unless the legally
213     responsible individual cures the deficiencies, or provides an immunization record that complies
214     with Subsection 53G-9-302(1), within the conditional enrollment period described in
215     Subsection [(1)] (2)(b); and
216          (iv) describes the process for obtaining a required vaccination.
217          (b) The school shall deliver the notice described in Subsection (3)(a):
218          (i) when possible, in the enroller's preferred language; and
219          (ii) using one of the following methods of delivery, as determined by mutual agreement
220     between the school and the enroller:
221          (A) written notice delivered in person;
222          (B) written notice by mail;
223          (C) written notice by email or other electronic means; or
224          (D) by telephone, including voicemail.
225          [(b)] (4) A school shall remove the conditional enrollment status from a student after
226     the school receives an immunization record for the student that complies with Subsection
227     53G-9-302(1).
228          [(c)] (5) Except as provided in Subsection [(2)(d)] (6), at the end of the conditional
229     enrollment period, a school shall prohibit a student who does not comply with Subsection
230     53G-9-302(1) from attending the school until the student complies with Subsection
231     53G-9-302(1).
232          [(d)] (6) A school principal or administrator:
233          [(i)] (a) shall grant an additional extension of the conditional enrollment period, if the
234     extension is necessary to complete all required vaccination dosages, for a time period medically
235     recommended to complete all required vaccination dosages; and
236          [(ii)] (b) may grant an additional extension of the conditional enrollment period in
237     cases of extenuating circumstances, if the school principal or administrator and [a school nurse,
238     a health official, or a health official designee] one of the following agree that an additional
239     extension will likely lead to compliance with Subsection 53G-9-302(1) [during the additional
240     extension period.]:
241          (i) a school nurse;
242          (ii) a health official; or
243          (iii) a health official designee, including:
244          (A) a social service provider; or
245          (B) a culturally competent and trauma-informed community representative.
246          (7) For purposes of Subsection (6), a newcomer student enrolling in a school for the
247     first time is an extenuating circumstance.