9 LONG TITLE
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:
27 Other Special Clauses:
29 Utah Code Sections Affected:
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
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
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
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 [
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
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
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
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
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
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 [
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
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
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
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
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 [
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.
243 children in school who are at least five years old before September 2 of the year in which
244 admission is sought.
247 of school property.
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.
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.
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
269 (b) [
270 appropriation by the Legislature.
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.
277 board's own procedures.
279 control and management of the district schools.
280 (b) Local school board policies shall be in writing, filed, and referenced for public
284 safety committee to implement this Subsection [
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 [
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 [
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 [
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 [
318 (v) include procedures to notify a student[
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 [
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 [
329 safety representatives.
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
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 [
350 prosperity, and success of the schools and the promotion of education.
352 school board shall:
353 (i) at least [
354 change, provide notice [
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
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 [
367 (b) The notice of a public hearing required under Subsection [
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 [
379 (23)(a)(iii), be provided as described in Subsections [
380 through (C).
382 established under Title 11, Chapter 44, Performance Efficiency Act.
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.
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 [
392 (c) include on the school district's website information about how to access the
393 information described in Subsection [
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 [
408 be transported to [
409 (i) [
410 overcrowding or other serious problems in the district of residence;
411 (ii) the district of residence lacks sufficient transportation services;
412 (iii) [
413 (iv) there is available space on an approved route within the student's school of
414 attendance; or
422 the receiving district from providing bus transportation on any approved route.
424 claim any state transportation costs for students enrolled in other school districts.