1     
LOCAL POLICIES FOR PUBLIC EDUCATION

2     
CURRICULUM TRANSPARENCY

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jordan D. Teuscher

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill requires local education agency governing boards to establish student
11     instruction transparency policies that include certain determinations.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires each local education agency (LEA) governing board to establish a course
15     content transparency policy that includes certain determinations;
16          ▸     requires each LEA to:
17               •     make the LEA's course content transparency policy publicly available on the
18     LEA's website; and
19               •     annually report on the LEA's policy and determinations to the State Board of
20     Education (state board);
21          ▸     requires the state board to establish an annual deadline for the LEA report; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:

28     AMENDS:
29          53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
30          53G-5-404, as last amended by Laws of Utah 2021, Chapter 324
31     ENACTS:
32          53G-10-104, Utah Code Annotated 1953
33     

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

59     every child achieve optimal learning in basic academic subjects; and
60          (h) ensure that the local school board meets the data collection and reporting standards
61     described in Section 53E-3-501.
62          (2) Local school boards shall spend Minimum School Program funds for programs and
63     activities for which the state board has established minimum standards or rules under Section
64     53E-3-501.
65          (3) (a) A local school board may purchase, sell, and make improvements on school
66     sites, buildings, and equipment and construct, erect, and furnish school buildings.
67          (b) School sites or buildings may only be conveyed or sold on local school board
68     resolution affirmed by at least two-thirds of the members.
69          (4) (a) A local school board may participate in the joint construction or operation of a
70     school attended by children residing within the district and children residing in other districts
71     either within or outside the state.
72          (b) Any agreement for the joint operation or construction of a school shall:
73          (i) be signed by the president of the local school board of each participating district;
74          (ii) include a mutually agreed upon pro rata cost; and
75          (iii) be filed with the state board.
76          (5) A local school board may establish, locate, and maintain elementary, secondary,
77     and applied technology schools.
78          (6) Except as provided in Section 53E-3-905, a local school board may enroll children
79     in school who are at least five years old before September 2 of the year in which admission is
80     sought.
81          (7) A local school board may establish and support school libraries.
82          (8) A local school board may collect damages for the loss, injury, or destruction of
83     school property.
84          (9) A local school board may authorize guidance and counseling services for children
85     and their parents before, during, or following enrollment of the children in schools.
86          (10) (a) A local school board shall administer and implement federal educational
87     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
88     Education Programs.
89          (b) Federal funds are not considered funds within the school district budget under

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

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

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

183     prosperity, and success of the schools and the promotion of education.
184          (21) (a) Before closing a school or changing the boundaries of a school, a local school
185     board shall:
186          (i) at least 120 days before approving the school closure or school boundary change,
187     provide notice to the following that the local school board is considering the closure or
188     boundary change:
189          (A) parents of students enrolled in the school, using the same form of communication
190     the local school board regularly uses to communicate with parents;
191          (B) parents of students enrolled in other schools within the school district that may be
192     affected by the closure or boundary change, using the same form of communication the local
193     school board regularly uses to communicate with parents; and
194          (C) the governing council and the mayor of the municipality in which the school is
195     located;
196          (ii) provide an opportunity for public comment on the proposed school closure or
197     school boundary change during at least two public local school board meetings; and
198          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
199     the public hearing as described in Subsection (21)(b).
200          (b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
201          (i) indicate the:
202          (A) school or schools under consideration for closure or boundary change; and
203          (B) the date, time, and location of the public hearing;
204          (ii) at least 10 days before the public hearing, be:
205          (A) published:
206          (I) in a newspaper of general circulation in the area; and
207          (II) on the Utah Public Notice Website created in Section 63A-16-601; and
208          (B) posted in at least three public locations within the municipality in which the school
209     is located on the school district's official website, and prominently at the school; and
210          (iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
211     provided as described in Subsections (21)(a)(i)(A), (B), and (C).
212          (22) A local school board may implement a facility energy efficiency program
213     established under Title 11, Chapter 44, Performance Efficiency Act.

214          (23) A local school board may establish or partner with a certified youth court in
215     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
216     program, in coordination with schools in that district. A school may refer a student to a youth
217     court or a comparable restorative justice program in accordance with Section 53G-8-211.
218          (24) A local school board shall:
219          (a) make the determinations required in Section 53G-10-104 to establish a course
220     content transparency policy;
221          [(a)] (b) make curriculum that the school district uses readily accessible and available
222     for a parent to view;
223          [(b)] (c) annually notify a parent of a student enrolled in the school district of how to
224     access the information described in Subsection [(24)(a)] (24)(b); and
225          [(c)] (d) include on the school district's website information about how to access the
226     information described in Subsection [(24)(a)] (24)(b).
227          Section 2. Section 53G-5-404 is amended to read:
228          53G-5-404. Requirements for charter schools.
229          (1) A charter school shall be nonsectarian in its programs, admission policies,
230     employment practices, and operations.
231          (2) A charter school may not charge tuition or fees, except those fees normally charged
232     by other public schools.
233          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
234     civil rights requirements.
235          (4) (a) A charter school shall:
236          (i) make the same annual reports required of other public schools under this public
237     education code, including an annual financial audit report described in Section 53G-4-404;
238          (ii) ensure that the charter school meets the data and reporting standards described in
239     Section 53E-3-501; and
240          (iii) use fund and program accounting methods and standardized account codes capable
241     of producing financial reports that comply with:
242          (A) generally accepted accounting principles;
243          (B) the financial reporting requirements applicable to LEAs established by the state
244     board under Section 53E-3-501; and

245          (C) accounting report standards established by the state auditor as described in Section
246     51-2a-301.
247          (b) Before, and as a condition for opening a charter school:
248          (i) a charter school shall:
249          (A) certify to the authorizer that the charter school's accounting methods meet the
250     requirements described in Subsection (4)(a)(iii); or
251          (B) if the authorizer requires, conduct a performance demonstration to verify that the
252     charter school's accounting methods meet the requirements described in Subsection (4)(a)(iii);
253     and
254          (ii) the authorizer shall certify to the state board that the charter school's accounting
255     methods meet the requirements described in Subsection (4)(a)(iii).
256          (c) A charter school shall file the charter school's annual financial audit report with the
257     Office of the State Auditor within six months of the end of the fiscal year.
258          (d) For the limited purpose of compliance with federal and state law governing use of
259     public education funds, including restricted funds, and making annual financial audit reports
260     under this section, a charter school is a government entity governed by the public education
261     code.
262          (5) (a) A charter school shall be accountable to the charter school's authorizer for
263     performance as provided in the school's charter agreement.
264          (b) To measure the performance of a charter school, an authorizer may use data
265     contained in:
266          (i) the charter school's annual financial audit report;
267          (ii) a report submitted by the charter school as required by statute; or
268          (iii) a report submitted by the charter school as required by its charter agreement.
269          (c) A charter school authorizer may not impose performance standards, except as
270     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
271     accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise
272     provided in law.
273          (6) A charter school may not advocate unlawful behavior.
274          (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
275     managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its

276     authorization.
277          (8) A charter school shall provide adequate liability and other appropriate insurance,
278     including:
279          (a) general liability, errors and omissions, and directors and officers liability coverage
280     through completion of the closure of a charter school under Section 53G-5-504; and
281          (b) tail coverage or closeout insurance covering at least one year after closure of the
282     charter school.
283          (9) Beginning on July 1, 2014, a charter school, including a charter school that has not
284     yet opened, shall submit any lease, lease-purchase agreement, or other contract or agreement
285     relating to the charter school's facilities or financing of the charter school's facilities to the
286     school's authorizer and an attorney for review and advice before the charter school enters the
287     lease, agreement, or contract.
288          (10) A charter school may not employ an educator whose license is suspended or
289     revoked by the state board under Section 53E-6-604.
290          (11) (a) Each charter school shall register and maintain the charter school's registration
291     as a limited purpose entity, in accordance with Section 67-1a-15.
292          (b) A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is
293     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
294          (c) If a charter school is an operating charter school with affiliated satellite charter
295     schools, as defined in Section 53G-5-303:
296          (i) the operating charter school shall register as a limited purpose entity as defined in
297     Section 67-1a-15;
298          (ii) each affiliated satellite charter school is not required to register separately from the
299     operating charter school; and
300          (iii) the operating charter school shall:
301          (A) register on behalf of each affiliated satellite charter school; and
302          (B) when submitting entity registry information under Section 67-1a-15 on behalf of
303     each affiliated satellite charter school, identify and distinguish registry information for each
304     affiliated satellite, including the address of each affiliated satellite charter school and the name
305     and contact information of a primary contact for each affiliated satellite charter school.
306          (12) (a) As used in this Subsection (12), "contracting entity" means a person with

307     which a charter school contracts.
308          (b) A charter school shall provide to the charter school's authorizer any information or
309     documents requested by the authorizer, including documents held by a subsidiary of the charter
310     school or a contracting entity:
311          (i) to confirm the charter school's compliance with state or federal law governing the
312     charter school's finances or governance; or
313          (ii) to carry out the authorizer's statutory obligations, including liquidation and
314     assignment of assets, and payment of debt in accordance with state board rule, as described in
315     Section 53G-5-504.
316          (c) A charter school shall comply with a request described in Subsection (12)(b),
317     including after an authorizer recommends closure of the charter school or terminates the charter
318     school's contract.
319          (d) Documents held by a contracting entity or subsidiary of a charter school that are
320     necessary to demonstrate the charter school's compliance with state or federal law are the
321     property of the charter school.
322          (e) A charter school shall include in an agreement with a subsidiary of the charter
323     school or a contracting entity a provision that stipulates that documents held by the subsidiary
324     or a contracting entity, that are necessary to demonstrate the charter school's financial
325     compliance with federal or state law, are the property of the charter school.
326          (13) For each grading period and for each course in which a student is enrolled, a
327     charter school shall issue a grade or performance report to the student:
328          (a) that reflects the student's work, including the student's progress based on mastery,
329     for the grading period; and
330          (b) in accordance with the charter school's adopted grading or performance standards
331     and criteria.
332          (14) A charter school shall:
333          (a) make the determinations required in Section 53G-10-104 to establish a course
334     content transparency policy;
335          [(a)] (b) make curriculum that the charter school uses readily accessible and available
336     for a parent to view;
337          [(b)] (c) annually notify a parent of a student enrolled in the charter school of how to

338     access the information described in Subsection [(14)(a)] (14)(b); and
339          [(c)] (d) include on the charter school's website information about how to access the
340     information described in Subsection [(14)(a)] (14)(b).
341          Section 3. Section 53G-10-104 is enacted to read:
342          53G-10-104. Local education agency course content transparency policy.
343          (1) As used in this section:
344          (a) (i) "Activity" means an assembly, guest lecture, speech or discussion from a guest
345     speaker to a group of students, or event that an individual or organization other than the LEA,
346     school, or an employee of the LEA or school conducts.
347          (ii) "Activity" does not include a student presentation.
348          (b) "Course content" means the general topics of study and central or fundamental
349     learning materials a course comprises.
350          (c) (i) "Learning materials" means materials or resource, except original materials, that
351     deliver or support a student's learning.
352          (ii) "Learning materials" includes textbooks, reading materials, videos, an activity,
353     digital materials, websites, and other online applications.
354          (d) (i) "Syllabus" means a document that outlines a calendar of general topics, the
355     course curriculum, and the central or foundational learning materials the course will use
356     throughout the duration of the course.
357          (ii) "Syllabus" does not mean a complete itemization of every lesson and learning
358     material that a student will encounter through the course.
359          (2) Each local governing board shall establish a policy regarding the content and
360     method of student instruction that:
361          (a) generally promotes transparency to parents and students; and
362          (b) determines:
363          (i) how educators will give notice to parents and students of the course content
364     throughout the school year and the educator's pedagogical methodology of delivering and using
365     the course content, including whether the local governing board requires educators to:
366          (A) prepare a syllabus, including the circumstances under which a syllabus requirement
367     would apply;
368          (B) provide to students and students' parents any updates regarding changes to course

369     content throughout the school year, including the method of providing any required course
370     content updates;
371          (C) comply with any notice requirements or approval process before using learning
372     materials that the local governing board has not reviewed and approved;
373          (D) obtain approval for or provide any notice to the LEA, students, or students' parents
374     of an activity, either within a given class or an activity available to a broader group of the
375     student body; and
376          (E) provide students and parents of students within the school access to relevant course
377     content from previous years before registering or otherwise selecting classes; and
378          (ii) the method of accessing the course content and other information described in
379     Subsection (2)(b)(i) that are not readily available to the parent on the school's learning
380     management system.
381          (3) An LEA shall:
382          (a) make publicly available on the LEA's website the policy, including a record of the
383     required determinations, described in Subsection (2);
384          (b) before November 1, 2023, provide an initial report to the state board regarding the
385     policy and required determinations described in Subsection (2); and
386          (c) before November 1 of each year beginning in 2024, annually provide an assurance
387     to the state board that includes a link to the LEA's policy.
388          Section 4. Effective date.
389          This bill takes effect on July 1, 2023.