Representative Melissa G. Ballard proposes the following substitute bill:


1     
SAFE SCHOOL ROUTE EVALUATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill requires a school traffic safety committee to include recommendations for
10     infrastructure improvements in a child access routing plan.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a school traffic safety committee to:
15               •     submit a child access routing plan to the Department of Transportation and
16     municipal and county highway authorities; and
17               •     include recommendations for infrastructure improvements in a child access
18     routing plan;
19          ▸     requires a highway authority to provide feedback on:
20               •     the estimated time and cost to complete infrastructure improvements
21     recommended by a school traffic safety committee; and
22               •     infrastructure improvements the highway authority has prioritized for the
23     following year;
24          ▸     requires school traffic safety committees to make recommendations to the State
25     Board of Education and the Transportation Advisory Committee for new approved

26     bus routes; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
35     

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

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

88          (10) (a) A local school board shall administer and implement federal educational
89     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
90     Education Programs.
91          (b) Federal funds are not considered funds within the school district budget under
92     Chapter 7, Part 3, Budgets.
93          (11) (a) A local school board may organize school safety patrols and adopt policies
94     under which the patrols promote student safety.
95          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
96     parental consent for the appointment.
97          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
98     of a highway intended for vehicular traffic use.
99          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
100     safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
101     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
102          (12) (a) A local school board may on its own behalf, or on behalf of an educational
103     institution for which the local school board is the direct governing body, accept private grants,
104     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
105          (b) These contributions are not subject to appropriation by the Legislature.
106          (13) (a) A local school board may appoint and fix the compensation of a compliance
107     officer to issue citations for violations of Subsection 76-10-105(2)(b).
108          (b) A person may not be appointed to serve as a compliance officer without the
109     person's consent.
110          (c) A teacher or student may not be appointed as a compliance officer.
111          (14) A local school board shall adopt bylaws and policies for the local school board's
112     own procedures.
113          (15) (a) A local school board shall make and enforce policies necessary for the control
114     and management of the district schools.
115          (b) Local school board policies shall be in writing, filed, and referenced for public
116     access.
117          (16) A local school board may hold school on legal holidays other than Sundays.
118          (17) (a) As used in this Subsection (17):

119          (i) "Committee" means the school traffic safety committee established in Subsection
120     (17)(b).
121          (ii) "Highway" means the same as that term is defined in Section 72-1-102.
122          (iii) "Highway authority" means the same as that term is defined in Section 72-1-102.
123          [(a)] (b) A local school board shall establish for each school year a school traffic safety
124     committee to implement this Subsection (17).
125          [(b)] (c) The committee shall be composed of one representative of:
126          (i) the schools within the district;
127          (ii) the Parent Teachers' Association of the schools within the district;
128          (iii) the municipality or county;
129          (iv) state or local law enforcement; and
130          (v) state or local traffic safety engineering.
131          [(c)] (d) The committee shall:
132          (i) receive suggestions from school community councils, parents, teachers, and others
133     and recommend school traffic safety improvements, boundary changes to enhance safety, and
134     school traffic safety program measures;
135          (ii) review and submit annually to the Department of Transportation and affected
136     municipalities and counties a child access routing plan for each elementary, middle, and junior
137     high school within the district;
138          (iii) consult the Utah Safety Council and the Division of Family Health Services and
139     provide training to all school children in kindergarten through grade 6, within the district, on
140     school crossing safety and use; and
141          (iv) help ensure the district's compliance with rules made by the Department of
142     Transportation under Section 41-6a-303.
143          (e) (i) The committee shall, for each elementary, middle, and junior high school within
144     the district:
145          (A) annually submit a child access routing plan to the Department of Transportation
146     and the municipal or county highway authority that governs each highway included in the child
147     access routing plan; and
148          (B) ensure that the child access routing plan complies with Subsection (17)(e)(ii).
149          (ii) The committee shall ensure that the child access routing plan described in

150     Subsection (17)(e)(i):
151          (A) includes recommendations for improvements to enhance safety, including the
152     recommendations received by the committee under Subsection (17)(d)(i); and
153          (B) considers the criteria and specifications established by Department of
154     Transportation rule made under Subsection 41-6a-303(6).
155          (iii) A municipal or county highway authority shall:
156          (A) evaluate the recommendations for improvements in the child access routing plan;
157     and
158          (B) within 30 calendar days after the day on which the committee submits the child
159     access routing plan, provide feedback to the committee on the improvements recommended in
160     the child access routing plan, including the improvements the municipal or county highway
161     authority has prioritized for the following year and the actions the municipal or county highway
162     authority will take to mitigate risks and improve safety in relation to the child access routing
163     plan.
164          (iv) The Department of Transportation may review a child access routing plan as
165     resources allow and provide feedback to the committee on recommended improvements.
166          (f) The committee shall make recommendations, as necessary, to the state board and
167     the Transportation Advisory Committee described in Section 53F-2-403, to approve new bus
168     routes.
169          [(d)] (g) The committee may establish subcommittees as needed to assist in
170     accomplishing the committee's duties under [Subsection (17)(c)] Subsections (17)(d), (17)(e),
171     and (17)(f).
172          (18) (a) A local school board shall adopt and implement a comprehensive emergency
173     response plan to prevent and combat violence in the local school board's public schools, on
174     school grounds, on its school vehicles, and in connection with school-related activities or
175     events.
176          (b) The plan shall:
177          (i) include prevention, intervention, and response components;
178          (ii) be consistent with the student conduct and discipline policies required for school
179     districts under Chapter 11, Part 2, Miscellaneous Requirements;
180          (iii) require professional learning for all district and school building staff on what their

181     roles are in the emergency response plan;
182          (iv) provide for coordination with local law enforcement and other public safety
183     representatives in preventing, intervening, and responding to violence in the areas and activities
184     referred to in Subsection (18)(a); and
185          (v) include procedures to notify a student, to the extent practicable, who is off campus
186     at the time of a school violence emergency because the student is:
187          (A) participating in a school-related activity; or
188          (B) excused from school for a period of time during the regular school day to
189     participate in religious instruction at the request of the student's parent.
190          (c) The state board, through the state superintendent, shall develop comprehensive
191     emergency response plan models that local school boards may use, where appropriate, to
192     comply with Subsection (18)(a).
193          (d) A local school board shall, by July 1 of each year, certify to the state board that its
194     plan has been practiced at the school level and presented to and reviewed by its teachers,
195     administrators, students, and their parents and local law enforcement and public safety
196     representatives.
197          (19) (a) A local school board may adopt an emergency response plan for the treatment
198     of sports-related injuries that occur during school sports practices and events.
199          (b) The plan may be implemented by each secondary school in the district that has a
200     sports program for students.
201          (c) The plan may:
202          (i) include emergency personnel, emergency communication, and emergency
203     equipment components;
204          (ii) require professional learning on the emergency response plan for school personnel
205     who are involved in sports programs in the district's secondary schools; and
206          (iii) provide for coordination with individuals and agency representatives who:
207          (A) are not employees of the school district; and
208          (B) would be involved in providing emergency services to students injured while
209     participating in sports events.
210          (d) The local school board, in collaboration with the schools referred to in Subsection
211     (19)(b), may review the plan each year and make revisions when required to improve or

212     enhance the plan.
213          (e) The state board, through the state superintendent, shall provide local school boards
214     with an emergency plan response model that local school boards may use to comply with the
215     requirements of this Subsection (19).
216          (20) A local school board shall do all other things necessary for the maintenance,
217     prosperity, and success of the schools and the promotion of education.
218          (21) (a) Before closing a school or changing the boundaries of a school, a local school
219     board shall:
220          (i) at least 120 days before approving the school closure or school boundary change,
221     provide notice to the following that the local school board is considering the closure or
222     boundary change:
223          (A) parents of students enrolled in the school, using the same form of communication
224     the local school board regularly uses to communicate with parents;
225          (B) parents of students enrolled in other schools within the school district that may be
226     affected by the closure or boundary change, using the same form of communication the local
227     school board regularly uses to communicate with parents; and
228          (C) the governing council and the mayor of the municipality in which the school is
229     located;
230          (ii) provide an opportunity for public comment on the proposed school closure or
231     school boundary change during at least two public local school board meetings; and
232          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
233     the public hearing as described in Subsection (21)(b).
234          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
235          (i) indicate the:
236          (A) school or schools under consideration for closure or boundary change; and
237          (B) the date, time, and location of the public hearing;
238          (ii) at least 10 days before the public hearing, be:
239          (A) published:
240          (I) in a newspaper of general circulation in the area; and
241          (II) on the Utah Public Notice Website created in Section 63A-16-601; and
242          (B) posted in at least three public locations within the municipality in which the school

243     is located on the school district's official website, and prominently at the school; and
244          (iii) at least [30] 60 days before the public hearing described in Subsection (21)(a)(iii),
245     be provided as described in Subsections (21)(a)(i)(A), (B), and (C).
246          (22) A local school board may implement a facility energy efficiency program
247     established under Title 11, Chapter 44, Performance Efficiency Act.
248          (23) A local school board may establish or partner with a certified youth court in
249     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
250     program, in coordination with schools in that district. A school may refer a student to a youth
251     court or a comparable restorative justice program in accordance with Section 53G-8-211.
252          (24) A local school board shall:
253          (a) make curriculum that the school district uses readily accessible and available for a
254     parent to view;
255          (b) annually notify a parent of a student enrolled in the school district of how to access
256     the information described in Subsection (24)(a); and
257          (c) include on the school district's website information about how to access the
258     information described in Subsection (24)(a).