1     
EDUCATIONAL LANGUAGE SERVICES AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Dan N. Johnson

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to services for students learning English.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to parent engagement with the education process;
13          ▸     requires an LEA to adopt a policy facilitating assistance to students learning English
14     and their parents;
15          ▸     defines terms;
16          ▸     establishes the Educational Interpretation and Translation Services Procurement
17     Advisory Council (council);
18          ▸     requires the State Board of Education to provide information to the council;
19          ▸     requires the council to advise the purchasing director of the Division of Purchasing
20     and General Services on certain services for students learning English;
21          ▸     requires the council to report to the Education Interim Committee;
22          ▸     enacts sunset provisions for the council; and
23          ▸     makes conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          53E-1-201, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
31          53E-2-303, as last amended by Laws of Utah 2019, Chapter 186
32          63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
33          63I-2-263, as last amended by Laws of Utah 2021, First Special Session, Chapter 4
34     ENACTS:
35          53G-7-221, Utah Code Annotated 1953
36          63A-2-501, Utah Code Annotated 1953
37          63A-2-502, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53E-1-201 is amended to read:
41          53E-1-201. Reports to and action required of the Education Interim Committee.
42          (1) In accordance with applicable provisions and Section 68-3-14, the following
43     recurring reports are due to the Education Interim Committee:
44          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
45     including the information described in Section 9-22-113 on the status of the computer science
46     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
47          (b) the prioritized list of data research described in Section 35A-14-302 and the report
48     on research described in Section 35A-14-304 by the Utah Data Research Center;
49          (c) the report described in Section 35A-15-303 by the State Board of Education on
50     preschool programs;
51          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
52     on career and technical education issues and addressing workforce needs;
53          (e) the annual report of the Utah Board of Higher Education described in Section
54     53B-1-402;
55          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
56     regarding activities related to campus safety;
57          (g) the State Superintendent's Annual Report by the state board described in Section
58     53E-1-203;
59          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
60     plan to improve student outcomes;
61          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
62     the Deaf and the Blind;
63          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
64     Actionable, and Dynamic Education director on research and other activities;
65          (k) the report described in Section 53F-4-203 by the state board and the independent
66     evaluator on an evaluation of early interactive reading software;
67          (l) the report described in Section 53F-4-407 by the state board on UPSTART;
68          (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
69     related to grants for professional learning and grants for an elementary teacher preparation
70     assessment; [and]
71          (n) the report described in Section 53F-5-405 by the State Board of Education
72     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
73     for students who are low income[.]; and
74          (o) the annual report described in Section 63A-2-502 by the Educational Interpretation
75     and Translation Service Procurement Advisory Council.
76          (2) In accordance with applicable provisions and Section 68-3-14, the following
77     occasional reports are due to the Education Interim Committee:
78          (a) the report described in Section 35A-15-303 by the School Readiness Board by
79     November 30, 2020, on benchmarks for certain preschool programs;
80          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
81     on or before the Education Interim Committee's November 2021 meeting;
82          (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
83     and implementing activity based costing;
84          (d) if required, the report described in Section 53E-4-309 by the state board explaining
85     the reasons for changing the grade level specification for the administration of specific
86     assessments;
87          (e) if required, the report described in Section 53E-5-210 by the state board of an
88     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
89          (f) in 2022 and in 2023, on or before November 30, the report described in Subsection
90     53E-10-309(7) related to the PRIME pilot program;
91          (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
92     Actionable, and Dynamic Education;
93          (h) if required, the report described in Section 53F-2-513 by the state board evaluating
94     the effects of salary bonuses on the recruitment and retention of effective teachers in high
95     poverty schools;
96          (i) upon request, the report described in Section 53F-5-207 by the state board on the
97     Intergenerational Poverty Intervention Grants Program;
98          (j) the report described in Section 53F-5-210 by the state board on the Educational
99     Improvement Opportunities Outside of the Regular School Day Grant Program;
100          (k) the report described in Section 53G-7-503 by the state board regarding fees that
101     LEAs charge during the 2020-2021 school year;
102          (l) the reports described in Section 53G-11-304 by the state board regarding proposed
103     rules and results related to educator exit surveys;
104          (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
105     and Mental Health, the State Board of Education, and the Department of Health regarding
106     recommendations related to Medicaid reimbursement for school-based health services; and
107          (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
108     Planning Commission.
109          Section 2. Section 53E-2-303 is amended to read:
110          53E-2-303. Family participation in educational process -- Family engagement
111     policy.
112          (1) The Legislature recognizes the importance of parental participation in the
113     educational process in order for students to achieve and maintain high levels of performance.
114          (2) It is, therefore, the policy of the state to:
115          (a) encourage parents to provide a home environment that values education and send
116     their children to school prepared to learn;
117          (b) rely upon school districts and schools to provide opportunities for parents of
118     students to be involved in establishing and implementing educational goals for their respective
119     schools and students; and
120          (c) expect employers to recognize the need for parents and members of the community
121     to participate in the public education system in order to help students achieve and maintain
122     excellence.
123          (3) (a) Each local school board shall adopt a policy on parental involvement in the
124     schools of the district.
125          (b) (i) The local school board shall design its policy to build consistent and effective
126     communication among parents, teachers, and administrators.
127          (ii) The policy described in Subsection (3)(b)(i):
128          (A) shall include parents or family, when appropriate, of children learning English,
129     regardless of prevalence of children learning English in the geographic area in which the LEA
130     is located; and
131          (B) may include assistance from community organizations to assist through a preferred
132     method of communication.
133          (c) The policy shall provide parents with the opportunity to be actively involved in
134     their children's education and to be informed of:
135          (i) the importance of the involvement of parents in directly affecting the success of
136     their children's educational efforts; and
137          (ii) groups and organizations that may provide instruction and training to parents to
138     help improve their children's academic success and support their academic efforts.
139          Section 3. Section 53G-7-221 is enacted to read:
140          53G-7-221. Policy supporting students learning English, parents, and families.
141          (1) An LEA shall adopt a policy addressing the LEA's communication and assistance to
142     students learning English, their parents, and their families.
143          (2) The policy shall provide:
144          (a) guidance on the appropriate use of an interpreter and recommended interpreter
145     qualifications, including certification or education-specific experience, for the following:
146          (i) classroom activities;
147          (ii) impromptu and scheduled office visits or phone calls;
148          (iii) enrollment or registration processes;
149          (iv) the IEP process;
150          (v) student educational and occupational planning processes;
151          (vi) fee waiver processes;
152          (vii) parent engagement activities;
153          (viii) student disciplinary meetings;
154          (ix) school community councils;
155          (x) school board meetings;
156          (xi) other school or LEA activities; and
157          (xii) other interactions between the parents of a student learning English and
158     educational staff;
159          (b) guidance on the appropriate use of a translator or interpreter for the translation or
160     interpretation of:
161          (i) registration or enrollment materials, including home language surveys and English
162     learning program entrance and exit notifications;
163          (ii) assignments and accompanying materials;
164          (iii) report cards or other progress reports;
165          (iv) student discipline policies and procedures;
166          (v) grievance procedures and notices of rights and nondiscrimination;
167          (vi) parent or family handbooks; and
168          (vii) requests for parent permission; and
169          (c) any other guidance, including guidance on when oral interpretation is preferable to
170     written translation, to improve instruction and assistance by teachers, counselors, and
171     administrators to a student learning English and the student's parents and family.
172          (3) The state board shall provide to an LEA notification of LEA requirements
173     described in this section, a model of the policy described in this section, and guidance and
174     technical assistance regarding existing requirements in relevant statute, administrative rule, and
175     federal law.
176          Section 4. Section 63A-2-501 is enacted to read:
177     
Part 5. Educational Interpretation and Translation Services

178     
Procurement Advisory Council

179          63A-2-501. Definitions.
180          As used in this part:
181          (1) "Advisory council" means the Educational Interpretation and Translation Services
182     Procurement Advisory Council established in Section 63A-2-502.
183          (2) "Contract" means a contract entered into by the division for interpretation or
184     translation services in accordance with Section 63A-2-503.
185          (3) "Local education agency" or "LEA" means the same as that term is defined in
186     Section 53E-1-102.
187          (4) "State board" means the State Board of Education.
188          Section 5. Section 63A-2-502 is enacted to read:
189          63A-2-502. Educational Interpretation and Translation Services Procurement
190     Advisory Council.
191          (1) There is established the Educational Interpretation and Translation Services
192     Procurement Advisory Council to provide advice to the purchasing director regarding the
193     language-access needs of LEAs, students learning English, and the families of students learning
194     English.
195          (2) The advisory council shall consist of the following members:
196          (a) the purchasing director or the director's designee;
197          (b) an individual representing the state board, appointed by the state superintendent of
198     public instruction;
199          (c) the purchasing director for the state board or the director's designee;
200          (d) an individual representing the Division of Multicultural Affairs created in Section
201     9-21-201, appointed by the executive director of the Department of Cultural and Community
202     Engagement; and
203          (e) appointed by the cochairs:
204          (i) one or more employees of the state board who manage or administer services or
205     programs for a student learning English and the student's parents;
206          (ii) an administrator from an LEA with a high density of students learning English;
207          (iii) an administrator from an LEA with a low density of students learning English;
208          (iv) a teacher, counselor, or other licensed LEA staff, from a school with a high density
209     of students learning English;
210          (v) a teacher, counselor, or other licensed LEA staff, from a school with a low density
211     of students learning English;
212          (vi) an individual who works to assist students learning English or minority students
213     navigate school and community resources, such as a refugee liaison;
214          (vii) an LEA procurement agent;
215          (viii) an individual representing a community organization that directly serves parents
216     and their children learning English; and
217          (ix) a parent who is a person learning English and also the parent of a student learning
218     English who is enrolled in an LEA.
219          (3) (a) The purchasing director and the individual representing the state board, as
220     described in Subsection (2)(b), shall serve as cochairs for the advisory council.
221          (b) Each advisory council member shall serve until a successor is duly appointed.
222          (4) The division shall provide staff support to facilitate the function of the council.
223          (5) (a) A member of the advisory council may not receive compensation or benefits for
224     the council member's service.
225          (b) An advisory council member may receive per diem and travel expenses in
226     accordance with:
227          (i) Section 63A-3-106;
228          (ii) Section 63A-3-107; and
229          (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
230     63A-3-107.
231          (6) (a) Before the commencement of each school year, the state board shall collect and
232     provide to the advisory council the following information for each LEA:
233          (i) a list of preferred languages of:
234          (A) students learning English; and
235          (B) parents and families of the students described in Subsection (6)(a)(i)(A); and
236          (ii) the frequency by which each language of a student learning English is preferred.
237          (b) Before the commencement of each school year after July 1, 2024, the state board
238     shall, for each LEA, collect and provide to the advisory council the list of preferred methods of
239     communication and frequency by which each method is preferred by parents and the parents'
240     children learning English.
241          (7) (a) Before the commencement of each school year, the advisory council shall advise
242     the purchasing director on:
243          (i) the needs of the LEAs for interpretation and translation services, as described in
244     Subsection (6);
245          (ii) the appropriate points of contact at the state board and each LEA that should
246     receive information regarding the availability and use of procured interpretation and translation
247     contracts; and
248          (iii) the form, manner, and content of information that is to be disseminated to the state
249     board, each LEA, and LEA administrators and principals, regarding the availability and use of
250     procured interpretation and translation contracts.
251          (b) The advisory council shall include in the information described in Subsection
252     (7)(a)(iii) the following information:
253          (i) a notice of available contracts;
254          (ii) the language and types of services offered under each contract;
255          (iii) the requisite procedures for accessing the services stipulated within the contracts;
256          (iv) a list of additional translation and interpretation materials, including posters or
257     flyers, provided through a contract;
258          (v) an opportunity to provide feedback on contracts, including contact information for
259     the division purchasing agent;
260          (vi) the estimated and actual cost to each LEA for use of interpretation and translation
261     services; and
262          (vii) the availability of alternative procurement mechanisms that are independent of the
263     division and available contracts.
264          (8) The advisory council shall report to the Education Interim Committee no later than
265     November 1 each year on the existing use and efficacy of all contracts.
266          Section 6. Section 63I-2-253 is amended to read:
267          63I-2-253. Repeal dates -- Titles 53 through 53G.
268          (1) Section 53-1-106.1 is repealed January 1, 2022.
269          (2) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
270     emergency, is repealed on December 31, 2021.
271          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
272     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
273     necessary changes to subsection numbering and cross references.
274          (3) Section 53-2a-219, in relation to termination of emergency powers pertaining to
275     COVID-19, is repealed on July 1, 2021.
276          (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
277     technical college board of trustees, is repealed July 1, 2022.
278          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
279     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
280     necessary changes to subsection numbering and cross references.
281          (5) Section 53B-6-105.7 is repealed July 1, 2024.
282          (6) (a) Subsection 53B-7-705(6)(b)(iii)(A), the language that states "Except as
283     provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.
284          (b) Subsection 53B-7-705(6)(b)(iii)(B), regarding comparing a technical college's
285     change in performance with the technical college's average performance, is repealed July 1,
286     2021.
287          (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
288     Subsection (3)(b)," is repealed July 1, 2021.
289          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
290     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
291          (8) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
292     July 1, 2023.
293          (9) Section 53B-8-114 is repealed July 1, 2024.
294          (10) The following sections, regarding the Regents' scholarship program, are repealed
295     on July 1, 2023:
296          (a) Section 53B-8-202;
297          (b) Section 53B-8-203;
298          (c) Section 53B-8-204; and
299          (d) Section 53B-8-205.
300          (11) Section 53B-10-101 is repealed on July 1, 2027.
301          (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
302     repealed July 1, 2023.
303          (13) Subsection 53E-1-201(1)(o) regarding the report by the Educational Interpretation
304     and Translation Services Procurement Advisory Council is repealed July 1, 2024.
305          [(13)] (14) Section 53E-1-202.2, regarding a Public Education Appropriations
306     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
307          [(14)] (15) Section 53E-3-520 is repealed July 1, 2021.
308          [(15)] (16) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
309     July 1, 2024.
310          [(16)] (17) In Subsections 53F-2-205(4) and (5), regarding the State Board of
311     Education's duties if contributions from the minimum basic tax rate are overestimated or
312     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
313     2023.
314          [(17)] (18) Section 53F-2-209, regarding local education agency budgetary flexibility,
315     is repealed July 1, 2024.
316          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
317     repealed July 1, 2023.
318          [(19)] (20) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
319     Program, is repealed July 1, 2023.
320          [(20)] (21) Subsection 53F-2-314(4), relating to a one-time expenditure between the
321     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
322          [(21)] (22) Section 53F-2-418, regarding the Supplemental Educator COVID-19
323     Stipend, is repealed January 1, 2022.
324          [(22)] (23) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
325     applicable" is repealed July 1, 2023.
326          [(23)] (24) Section 53F-4-207 is repealed July 1, 2022.
327          [(24)] (25) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
328     enrollment in kindergarten, is repealed July 1, 2022.
329          [(25)] (26) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
330     in Subsection (4)(d)" is repealed July 1, 2022.
331          [(26)] (27) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
332          [(27)] (28) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
333     applicable" is repealed July 1, 2023.
334          [(28)] (29) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
335     applicable" is repealed July 1, 2023.
336          [(29)] (30) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
337     applicable" is repealed July 1, 2023.
338          [(30)] (31) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
339     as applicable" is repealed July 1, 2023.
340          [(31)] (32) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(6),
341     related to the civics engagement pilot program, are repealed on July 1, 2023.
342          [(32)] (33) On July 1, 2023, when making changes in this section, the Office of
343     Legislative Research and General Counsel shall, in addition to the office's authority under
344     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
345     identified in this section are complete sentences and accurately reflect the office's perception of
346     the Legislature's intent.
347          Section 7. Section 63I-2-263 is amended to read:
348          63I-2-263. Repeal dates, Title 63A to Title 63N.
349          (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
350     Procurement Advisory Council is repealed July 1, 2025.
351          (2) Section 63A-3-111 is repealed June 30, 2021.
352          [(2)] (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
353     repealed July 1, 2021.
354          [(3)] (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
355     Commission is repealed July 1, 2023.
356          [(4)] (5) Section 63G-1-502 is repealed July 1, 2022.
357          [(5)] (6) The following sections regarding the World War II Memorial Commission are
358     repealed on July 1, 2022:
359          (a) Section 63G-1-801;
360          (b) Section 63G-1-802;
361          (c) Section 63G-1-803; and
362          (d) Section 63G-1-804.
363          [(6)] (7) Section 63H-7a-303 is repealed July 1, 2024.
364          [(7)] (8) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
365          [(8)] (9) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
366          [(9)] (10) Section 63M-7-217 is repealed on July 1, 2022.
367          [(10)] (11) Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act,
368     is repealed January 1, 2024.
369          [(11)] (12) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
370     repealed December 31, 2021.