Senator Jacob L. Anderegg proposes the following substitute bill:






Chief Sponsor: Jacob L. Anderegg

House Sponsor: Jefferson Moss


10     General Description:
11          This bill amends provisions regarding resource sharing, including through agreements
12     and transportation of certain students.
13     Highlighted Provisions:
14          This bill:
15          ▸     allows school districts to enter into cooperative agreements for resource sharing
16     with other school districts;
17          ▸     requires cooperative agreements to:
18               •     be signed by participating districts;
19               •     specify the type of shared resource;
20               •     include the duration of the agreement;
21               •     include shared costs of the shared resource; and
22               •     be filed with the state board;
23          ▸     amends requirements for nonresident student transportation; 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          35A-15-102, as last amended by Laws of Utah 2022, Chapters 316, 348
32          53F-4-401, as last amended by Laws of Utah 2022, Chapter 316
33          53G-3-202, as last amended by Laws of Utah 2019, Chapter 293
34          53G-4-402, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
35          53G-6-405, as last amended by Laws of Utah 2019, Chapter 293

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 35A-15-102 is amended to read:
39          35A-15-102. Definitions.
40          As used in this chapter:
41          (1) "Board" means the School Readiness Board, created in Section 35A-15-201.
42          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
43     lunch.
44          (3) "Eligible home-based educational technology provider" means a provider that
45     offers a home-based educational technology program to develop the school readiness skills of
46     an eligible student.
47          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
48     longitudinal academic outcome data, including special education use by student, by identifying
49     each student with a statewide unique student identifier.
50          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
51     26-39-403(2)(c).
52          (5) (a) "Eligible private provider" means a child care program that:
53          (i) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
54          (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
55     26-39-403.
56          (b) "Eligible private provider" does not include:

57          (i) residential child care, as defined in Section 26-39-102; or
58          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
59          (6) "Eligible student" means a student:
60          (a) (i) who is age three, four, or five; and
61          (ii) is not eligible for enrollment under Subsection [53G-4-402(6);] 53G-4-402(8) and
62          (b) (i) (A) who is economically disadvantaged; and
63          (B) whose parent or legal guardian reports that the student has experienced at least one
64     risk factor;
65          (ii) is an English learner; or
66          (iii) is in foster care.
67          (7) "Evaluation" means an evaluation conducted in accordance with Section
68     35A-15-303.
69          (8) "High quality school readiness program" means a preschool program that:
70          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
71     educational technology provider; and
72          (b) meets the elements of a high quality school readiness program described in Section
73     35A-15-202.
74          (9) "Investor" means a person that enters into a results-based contract to provide
75     funding to a high quality school readiness program on the condition that the person will receive
76     payment in accordance with Section 35A-15-402 if the high quality school readiness program
77     meets the performance outcome measures included in the results-based contract.
78          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
79     Section 53G-7-203.
80          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
81     a preschool student to kindergarten and includes communication and alignment among the
82     preschool, program, parents, and K-12 personnel.
83          (12) "Local Education Agency" or "LEA" means a school district or charter school.
84          (13) "Performance outcome measure" means:
85          (a) indicators, as determined by the board, on the school readiness assessment and the
86     kindergarten assessment; or
87          (b) for a results-based contract, the indicators included in the contract.

88          (14) "Results-based contract" means a contract that:
89          (a) is entered into in accordance with Section 35A-15-402;
90          (b) includes a performance outcome measure; and
91          (c) is between the board, a provider of a high quality school readiness program, and an
92     investor.
93          (15) "Risk factor" means:
94          (a) having a mother who was 18 years old or younger when the child was born;
95          (b) a member of a child's household is incarcerated;
96          (c) living in a neighborhood with high violence or crime;
97          (d) having one or both parents with a low reading ability;
98          (e) moving at least once in the past year;
99          (f) having ever been in foster care;
100          (g) living with multiple families in the same household;
101          (h) having exposure in a child's home to:
102          (i) physical abuse or domestic violence;
103          (ii) substance abuse;
104          (iii) the death or chronic illness of a parent or sibling; or
105          (iv) mental illness;
106          (i) the primary language spoken in a child's home is a language other than English; or
107          (j) having at least one parent who has not completed high school.
108          (16) "School readiness assessment" means the same as that term is defined in Section
109     53E-4-314.
110          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
111          Section 2. Section 53F-4-401 is amended to read:
112          53F-4-401. Definitions.
113          As used in this part:
114          (1) "Contractor" means the educational technology provider selected by the state board
115     under Section 53F-4-402.
116          (2) "Intergenerational poverty" means the same as that term is defined in Section
117     35A-9-102.
118          (3) "Preschool child" means a child who is:

119          (a) four or five years old; and
120          (b) not eligible for enrollment under Subsection [53G-4-402(6)] 53G-4-402(8).
121          (4) (a) "Private preschool provider" means a child care program that:
122          (i) (A) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
123          (B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
124     26-39-403; and
125          (ii) meets other criteria as established by the state board, consistent with Utah
126     Constitution, Article X, Section 1.
127          (b) "Private preschool provider" does not include:
128          (i) a residential certificate provider described in Section 26-39-402; or
129          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
130          (5) "Public preschool" means a preschool program that is provided by a school district
131     or charter school.
132          (6) "Qualifying participant" means a preschool child who:
133          (a) resides within the boundaries of a qualifying school as determined under Section
134     53G-6-302; or
135          (b) is enrolled in a qualifying preschool.
136          (7) "Qualifying preschool" means a public preschool or private preschool provider that:
137          (a) serves preschool children covered by child care subsidies funded by the Child Care
138     and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
139          (b) participates in a federally assisted meal program that provides funds to licensed
140     child care centers as authorized under Section 53E-3-501; or
141          (c) is located within the boundaries of a qualifying school.
142          (8) "Qualifying school" means a school district elementary school that:
143          (a) has at least 50% of students who were eligible to receive free or reduced lunch the
144     previous school year;
145          (b) is a school with a high percentage, as determined by the Department of Workforce
146     Services through rule and based on the previous school year enrollments, of students
147     experiencing intergenerational poverty; or
148          (c) is located in one of the following school districts:
149          (i) Beaver School District;

150          (ii) Carbon School District;
151          (iii) Daggett School District;
152          (iv) Duchesne School District;
153          (v) Emery School District;
154          (vi) Garfield School District;
155          (vii) Grand School District;
156          (viii) Iron School District;
157          (ix) Juab School District;
158          (x) Kane School District;
159          (xi) Millard School District;
160          (xii) Morgan School District;
161          (xiii) North Sanpete School District;
162          (xiv) North Summit School District;
163          (xv) Piute School District;
164          (xvi) Rich School District;
165          (xvii) San Juan School District;
166          (xviii) Sevier School District;
167          (xix) South Sanpete School District;
168          (xx) South Summit School District;
169          (xxi) Tintic School District;
170          (xxii) Uintah School District; or
171          (xxiii) Wayne School District.
172          (9) "UPSTART" means the project established by Section 53F-4-402 that uses a
173     home-based educational technology program to develop school readiness skills of preschool
174     children.
175          Section 3. Section 53G-3-202 is amended to read:
176          53G-3-202. School districts independent of municipal and county governments --
177     School district name -- Control of property.
178          (1) (a) Each school district shall be controlled by its local school board and shall be
179     independent of municipal and county governments.
180          (b) The name of each school district created after May 1, 2000, shall comply with

181     Subsection 17-50-103(2)(a).
182          (2) The local school board shall have direction and control of all school property in the
183     district and may enter into cooperative agreements with other local school boards to provide
184     educational services that best utilize resources for overall operation of the public school
185     system.
186          (3) (a) Each school district shall register and maintain the school district's registration
187     as a limited purpose entity, in accordance with Section 67-1a-15.
188          (b) A school district that fails to comply with Subsection (3)(a) or Section 67-1a-15 is
189     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
190          Section 4. Section 53G-4-402 is amended to read:
191          53G-4-402. Powers and duties generally.
192          (1) A local school board shall:
193          (a) implement the core standards for Utah public schools using instructional materials
194     that best correlate to the core standards for Utah public schools and graduation requirements;
195          (b) administer tests, required by the state board, which measure the progress of each
196     student, and coordinate with the state superintendent and state board to assess results and create
197     plans to improve the student's progress, which shall be submitted to the state board for
198     approval;
199          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
200     students that need remediation and determine the type and amount of federal, state, and local
201     resources to implement remediation;
202          (d) for each grading period and for each course in which a student is enrolled, issue a
203     grade or performance report to the student:
204          (i) that reflects the student's work, including the student's progress based on mastery,
205     for the grading period; and
206          (ii) in accordance with the local school board's adopted grading or performance
207     standards and criteria;
208          (e) develop early warning systems for students or classes failing to make progress;
209          (f) work with the state board to establish a library of documented best practices,
210     consistent with state and federal regulations, for use by the local districts;
211          (g) implement training programs for school administrators, including basic

212     management training, best practices in instructional methods, budget training, staff
213     management, managing for learning results and continuous improvement, and how to help
214     every child achieve optimal learning in basic academic subjects; and
215          (h) ensure that the local school board meets the data collection and reporting standards
216     described in Section 53E-3-501.
217          (2) Local school boards shall spend Minimum School Program funds for programs and
218     activities for which the state board has established minimum standards or rules under Section
219     53E-3-501.
220          (3) (a) A local school board may purchase, sell, and make improvements on school
221     sites, buildings, and equipment, and construct, erect, and furnish school buildings.
222          (b) School sites or buildings may only be conveyed or sold on local school board
223     resolution affirmed by at least two-thirds of the school board members.
224          (4) (a) A local school board may participate in the joint construction or operation of a
225     school attended by [children] students residing within the district and [children] students
226     residing in other districts either within or outside the state.
227          (b) Any agreement for the joint operation or construction of a school shall:
228          (i) be signed by the president of the local school board of each participating district;
229          (ii) include a mutually agreed upon pro rata cost; and
230          (iii) be filed with the state board.
231          (5) A local school board may establish, locate, and maintain elementary, secondary,
232     and applied technology schools.
233          (6) A local school board may enter into cooperative agreements with other local school
234     boards to provide educational services that best utilize resources for the overall operation of the
235     school districts, including shared transportation services.
236          (7) An agreement under Subsection (6) shall:
237          (a) be signed by the president of the local school board of each participating district;
238          (b) specify the resource being shared;
239          (c) include a mutually agreed upon pro rata cost;
240          (d) include the duration of the agreement; and
241          (e) be filed with the state board.
242          [(6)] (8) Except as provided in Section 53E-3-905, a local school board may enroll

243     children in school who are at least five years old before September 2 of the year in which
244     admission is sought.
245          [(7)] (9) A local school board may establish and support school libraries.
246          [(8)] (10) A local school board may collect damages for the loss, injury, or destruction
247     of school property.
248          [(9)] (11) A local school board may authorize guidance and counseling services for
249     [children and their] students and the student's parents before, during, or [following enrollment
250     of the children in schools] following school enrollment.
251          [(10)] (12) (a) A local school board shall administer and implement federal educational
252     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
253     Education Programs.
254          (b) Federal funds are not considered funds within the school district budget under
255     Chapter 7, Part 3, Budgets.
256          [(11)] (13) (a) A local school board may organize school safety patrols and adopt
257     policies under which the patrols promote student safety.
258          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
259     parental consent for the appointment.
260          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
261     of a highway intended for vehicular traffic use.
262          (d) Liability may not attach to a school district, its employees, officers, or agents, or to
263     a safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
264     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
265          [(12)] (14) (a) A local school board may on its own behalf, or on behalf of an
266     educational institution for which the local school board is the direct governing body, accept
267     private grants, loans, gifts, endowments, devises, or bequests that are made for educational
268     purposes.
269          (b) [These] The contributions made under Subsection (14)(a) are not subject to
270     appropriation by the Legislature.
271          [(13)] (15) (a) A local school board may appoint and fix the compensation of a
272     compliance officer to issue citations for violations of Subsection 76-10-105(2)(b).
273          (b) A person may not be appointed to serve as a compliance officer without the

274     person's consent.
275          (c) A teacher or student may not be appointed as a compliance officer.
276          [(14)] (16) A local school board shall adopt bylaws and policies for the local school
277     board's own procedures.
278          [(15)] (17) (a) A local school board shall make and enforce policies necessary for the
279     control and management of the district schools.
280          (b) Local school board policies shall be in writing, filed, and referenced for public
281     access.
282          [(16)] (18) A local school board may hold school on legal holidays other than Sundays.
283          [(17)] (19) (a) A local school board shall establish for each school year a school traffic
284     safety committee to implement this Subsection [(17).] (19).
285          (b) The committee shall be composed of one representative of:
286          (i) the schools within the district;
287          (ii) the Parent Teachers' Association of the schools within the district;
288          (iii) the municipality or county;
289          (iv) state or local law enforcement; and
290          (v) state or local traffic safety engineering.
291          (c) The committee shall:
292          (i) receive suggestions from school community councils, parents, teachers, and others,
293     and recommend school traffic safety improvements, boundary changes to enhance safety, and
294     school traffic safety program measures;
295          (ii) review and submit annually to the Department of Transportation and affected
296     municipalities and counties a child access routing plan for each elementary, middle, and junior
297     high school within the district;
298          (iii) consult the Utah Safety Council and the Division of Family Health Services and
299     provide training to all [school children] students in kindergarten through grade 6, within the
300     district, on school crossing safety and use; and
301          (iv) help ensure the district's compliance with rules made by the Department of
302     Transportation under Section 41-6a-303.
303          (d) The committee may establish subcommittees as needed to assist in accomplishing
304     the committee's duties under Subsection [(17)(c).] (19)(c).

305          [(18)] (20) (a) A local school board shall adopt and implement a comprehensive
306     emergency response plan to prevent and combat violence in the local school board's public
307     schools, on school grounds, on its school vehicles, and in connection with school-related
308     activities or events.
309          (b) The plan shall:
310          (i) include prevention, intervention, and response components;
311          (ii) be consistent with the student conduct and discipline policies required for school
312     districts under Chapter 11, Part 2, Miscellaneous Requirements;
313          (iii) require professional learning for all district and school building staff on [what
314     their] the staff's roles [are] in the emergency response plan;
315          (iv) provide for coordination with local law enforcement and other public safety
316     representatives in preventing, intervening, and responding to violence in the areas and activities
317     referred to in Subsection [(18)(a)] (20)(a); and
318          (v) include procedures to notify a student[, to the extent practicable,] who is off
319     campus at the time of a school violence emergency because the student is:
320          (A) participating in a school-related activity; or
321          (B) excused from school for a period of time during the regular school day to
322     participate in religious instruction at the request of the student's parent.
323          (c) The state board, through the state superintendent, shall develop comprehensive
324     emergency response plan models that local school boards may use, where appropriate, to
325     comply with Subsection [(18)(a).] (20)(a).
326          (d) A local school board shall, by July 1 of each year, certify to the state board that its
327     plan has been practiced at the school level and presented to and reviewed by its teachers,
328     administrators, students, and [their] the student's parents and local law enforcement and public
329     safety representatives.
330          [(19)] (21) (a) A local school board may adopt an emergency response plan for the
331     treatment of sports-related injuries that occur during school sports practices and events.
332          (b) The plan may be implemented by each secondary school in the district that has a
333     sports program for students.
334          (c) The plan may:
335          (i) include emergency personnel, emergency communication, and emergency

336     equipment components;
337          (ii) require professional learning on the emergency response plan for school personnel
338     who are involved in sports programs in the district's secondary schools; and
339          (iii) provide for coordination with individuals and agency representatives who:
340          (A) are not employees of the school district; and
341          (B) would be involved in providing emergency services to students injured while
342     participating in sports events.
343          (d) The local school board, in collaboration with the schools referred to in Subsection
344     [(19)(b),] (21)(b), may review the plan each year and make revisions when required to improve
345     or enhance the plan.
346          (e) The state board, through the state superintendent, shall provide local school boards
347     with an emergency plan response model that local school boards may use to comply with the
348     requirements of this Subsection [(19)] (21).
349          [(20)] (22) A local school board shall do all other things necessary for the maintenance,
350     prosperity, and success of the schools and the promotion of education.
351          [(21)] (23) (a) Before closing a school or changing the boundaries of a school, a local
352     school board shall:
353          (i) at least [120] 90 days before approving the school closure or school boundary
354     change, provide notice [to the following] that the local school board is considering the closure
355     or boundary change to:
356          (A) parents of students enrolled in the school, using the same form of communication
357     the local school board regularly uses to communicate with parents;
358          (B) parents of students enrolled in other schools within the school district that may be
359     affected by the closure or boundary change, using the same form of communication the local
360     school board regularly uses to communicate with parents; and
361          (C) the governing council and the mayor of the municipality in which the school is
362     located;
363          (ii) provide an opportunity for public comment on the proposed school closure or
364     school boundary change during at least two public local school board meetings; and
365          (iii) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
366     the public hearing as described in Subsection [(21)(b)] (23)(b).

367          (b) The notice of a public hearing required under Subsection [(21)(a)(iii)] (23)(a)(iii)
368     shall:
369          (i) indicate the:
370          (A) school or schools under consideration for closure or boundary change; and
371          (B) the date, time, and location of the public hearing;
372          (ii) at least 10 days before the public hearing, be:
373          (A) published:
374          (I) in a newspaper of general circulation in the area; and
375          (II) on the Utah Public Notice Website created in Section 63A-16-601; and
376          (B) posted in at least three public locations within the municipality in which the school
377     is located on the school district's official website, and prominently at the school; and
378          (iii) at least 30 days before the public hearing described in Subsection [(21)(a)(iii),]
379     (23)(a)(iii), be provided as described in Subsections [(21)(a)(i)(A), (B), and (C)] (23)(a)(i)(A)
380     through (C).
381          [(22)] (24) A local school board may implement a facility energy efficiency program
382     established under Title 11, Chapter 44, Performance Efficiency Act.
383          [(23)] (25) A local school board may establish or partner with a certified youth court in
384     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
385     program, in coordination with schools in that district. A school may refer a student to a youth
386     court or a comparable restorative justice program in accordance with Section 53G-8-211.
387          [(24)] (26) A local school board shall:
388          (a) make curriculum that the school district uses readily accessible and available for a
389     parent to view;
390          (b) annually notify a parent of a student enrolled in the school district of how to access
391     the information described in Subsection [(24)(a)] (26)(a); and
392          (c) include on the school district's website information about how to access the
393     information described in Subsection [(24)(a).] (26)(a).
394          Section 5. Section 53G-6-405 is amended to read:
395          53G-6-405. Funding.
396          (1) A student who enrolls in a nonresident district is considered a resident of that
397     district for purposes of state funding.

398          (2) The state board shall adopt rules providing that:
399          (a) the resident district pay the nonresident district, for each of the resident district's
400     students who enroll in the nonresident district, 1/2 of the amount by which the resident
401     district's per student expenditure exceeds the value of the state's contribution; and
402          (b) if a student is enrolled in a nonresident district for less than a full year, the resident
403     district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
404     of school days the student is enrolled in the nonresident district.
405          (3) (a) Except as provided in this Subsection (3), the parent of a nonresident student
406     shall arrange for the student's own transportation to and from school.
407          (b) The state board may adopt rules under which a nonresident [students] student may
408     be transported to [their schools] the student's school of attendance if:
409          (i) [the] transportation [of students to schools in other districts would relieve] relieves
410     overcrowding or other serious problems in the district of residence;
411          (ii) the district of residence lacks sufficient transportation services;
412          (iii) [and] the costs of transportation are [not excessive] reasonable; [or]
413          (iv) there is available space on an approved route within the student's school of
414     attendance; or
415          [(ii)] (v) the Legislature has granted an adequate specific appropriation for that
416     purpose.
417          [(c) A receiving district shall provide transportation for a nonresident student on the
418     basis of available space on an approved route within the district to the school of attendance if
419     district students would be eligible for transportation to the same school from that point on the
420     bus route and the student's presence does not increase the cost of the bus route.]
421          [(d)] (c) Nothing in this section shall be construed as prohibiting the resident district or
422     the receiving district from providing bus transportation on any approved route.
423          [(e)] (d) Except as provided in Subsection (3)(b), the district of residence may not
424     claim any state transportation costs for students enrolled in other school districts.