Representative Nelson T. Abbott proposes the following substitute bill:


1     
STATE BOARD OF EDUCATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keith Grover

5     
House Sponsor: Nelson T. Abbott

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to the general control and supervision of
10     the State Board of Education over the public education system.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends State Board of Education (state board) establishment of minimum standards
14     for public schools;
15          ▸     requires the state board to require local education agencies (LEAs) to issue high
16     school diplomas to students who:
17               •     receive an associate's degree with certain minimum credit hours earned; and
18               •     receive an industry certificate with certain minimum hours;
19          ▸     exempts schools with an assessment opt out rate exceeding 50% from the school
20     accountability system under certain conditions;
21          ▸     amends definitions;
22          ▸     amends a provision regarding background checks for private school employees; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          53E-3-501, as last amended by Laws of Utah 2021, Chapter 308
31          53E-4-204, as last amended by Laws of Utah 2019, Chapters 186, 226
32          53E-5-203, as last amended by Laws of Utah 2019, Chapter 186
33          53G-7-901, as last amended by Laws of Utah 2020, Chapter 374
34          53G-9-801, as last amended by Laws of Utah 2020, Chapter 408
35          53G-11-402, as last amended by Laws of Utah 2020, Chapters 285, 374
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53E-3-501 is amended to read:
39          53E-3-501. State board to establish miscellaneous minimum standards for public
40     schools.
41          (1) The state board shall establish rules and minimum standards for the public schools
42     that are consistent with this public education code, including rules and minimum standards
43     governing the following:
44          (a) (i) the qualification and certification of educators and ancillary personnel who
45     provide direct student services;
46          (ii) required school administrative and supervisory services; and
47          (iii) the evaluation of instructional personnel;
48          (b) (i) access to programs;
49          (ii) attendance;
50          (iii) competency levels;
51          (iv) graduation requirements; and
52          (v) discipline and control;
53          (c) (i) school accreditation;
54          (ii) the academic year;
55          (iii) alternative and pilot programs;
56          (iv) curriculum and instruction requirements; and
57          (v) school libraries; [and]
58          [(vi)] (d) services to:
59          [(A)] (i) persons with a disability as defined by and covered under:
60          [(I)] (A) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;
61          [(II)] (B) the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and
62          [(III)] (C) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and
63          [(B)] (ii) other special groups;
64          [(d)] (e) (i) state reimbursed bus routes;
65          (ii) bus safety and operational requirements; and
66          (iii) other transportation needs;
67          [(e)] (f) (i) school productivity and cost effectiveness measures;
68          (ii) federal programs;
69          (iii) school budget formats; and
70          (iv) financial, statistical, and student accounting requirements; and
71          [(f)] (g) data collection and reporting by LEAs.
72          (2) [The] Except as provided in Subsection (3), the state board shall determine if:
73          (a) the minimum standards have been met; and
74          (b) required reports are properly submitted.
75          (3) When the state board makes a request of an LEA under Subsection (1)(f) or (g), the
76     state board shall include:
77          (a) the justification for the requested information;
78          (b) a statement confirming that the information is not available elsewhere;
79          (c) a deadline by which the LEA must provide the information in accordance with state
80     board rule; and
81          (d) penalties, including withholding of funds, for non-compliance in accordance with
82     state and federal law.
83          [(3)] (4) The state board may apply for, receive, administer, and distribute to eligible
84     applicants funds made available through programs of the federal government.
85          [(4)] (5) (a) A technical college listed in Section 53B-2a-105 shall provide
86     competency-based career and technical education courses that fulfill high school graduation
87     requirements, as requested and authorized by the state board.
88          (b) A school district may grant a high school diploma to a student participating in a
89     course described in Subsection [(4)(a)] (5)(a) that is provided by a technical college listed in
90     Section 53B-2a-105.
91          [(5)] (6) (a) As used in this Subsection [(5)] (6), "generally accepted accounting
92     principles" means a common framework of accounting rules and standards for financial
93     reporting promulgated by the Governmental Accounting Standards Board.
94          (b) Subject to Subsections [(5)(c)] (6)(c) and (d), the state board shall ensure [that] the
95     rules and standards described in Subsections [(1)(e) and (f)] (1)(f) and (g) allow for an LEA to
96     make adjustments to the LEA's general entry ledger, in accordance with generally accepted
97     accounting principles, to accurately reflect the LEA's use of funds for allowable costs and
98     activities:
99          (i) during a fiscal year; and
100          (ii) at the close of a fiscal year.
101          (c) If the state board determines under Subsection (2) that an LEA has not met the
102     minimum standards described in Subsection [(1)(e) or (f)] (1)(f) or (g) or has not properly
103     submitted a required report, the state board shall allow the LEA an opportunity to cure the
104     relevant defect through an adjustment described in Subsection [(5)(b).] (6)(b).
105          (d) An LEA may not, in an adjustment described in Subsection [(5)(b),] (6)(b), reflect
106     the use of restricted federal or state funds for a cost or activity that is not an allowable cost or
107     activity for the restricted funds.
108          Section 2. Section 53E-4-204 is amended to read:
109          53E-4-204. Standards and graduation requirements.
110          (1) The state board shall establish rigorous core standards for Utah public schools and
111     graduation requirements under Section 53E-3-501 for grades 9 through 12 that:
112          (a) are consistent with state law and federal regulations;
113          (b) use competency-based standards and assessments;
114          (c) include instruction that stresses general financial literacy from basic budgeting to
115     financial investments, including bankruptcy education and a general financial literacy test-out
116     option; and
117          (d) include graduation requirements in language arts, mathematics, and science that
118     exceed 3.0 units in language arts, 2.0 units in mathematics, and 2.0 units in science.
119          (2) The state board shall establish competency-based standards and assessments for
120     elective courses.
121          (3) The state board shall require all LEAs to issue a high school diploma to students
122     who receive:
123          (a) an associate's degree with at least 60 credit hours from an accredited post-secondary
124     institution; or
125          (b) an industry certification with at least 500 hours of instruction from a business, trade
126     association, or other industry group in accordance with Section 53E-3-501.
127          Section 3. Section 53E-5-203 is amended to read:
128          53E-5-203. Schools included in school accountability system -- Other indicators
129     and point distribution for a school that serves a special student population.
130          (1) Except as provided in Subsection (2), the state board shall include all public
131     schools in the state in the school accountability system established under this part.
132          (2) The state board shall exempt from the school accountability system:
133          (a) a school in which the number of students tested on a statewide assessment for
134     accountability is lower than the minimum sample size necessary, based on acceptable
135     professional practice for statistical reliability, or when release of the information would violate
136     20 U.S.C. Sec. 1232h, the prevention of the unlawful release of personally identifiable student
137     data;
138          (b) if the United States Department of Education approves the state's application for a
139     waiver of federal accountability requirements, a school with an opt out rate on statewide
140     assessments for accountability that exceeds 50%;
141          [(b)] (c) a school in the school's first year of operations if the school's local school
142     board or charter school governing board requests the exemption; or
143          [(c)] (d) a high school in the school's second year of operations if the school's local
144     school board or charter school governing board requests the exemption.
145          (3) Notwithstanding the provisions of this part, the state board may use[,] to
146     appropriately assess the educational impact of a school that serves a special student population:
147          (a) other indicators in addition to the indicators described in Section 53E-5-205 or
148     53E-5-206; or
149          (b) different point distribution than the point distribution described in Section
150     53E-5-207.
151          Section 4. Section 53G-7-901 is amended to read:
152          53G-7-901. Definitions.
153          As used in this part:
154          (1) "Cooperating employer" means a public or private entity which, as part of a work
155     experience [and] or career exploration program offered through a school, provides interns with
156     educational resources, training, and work experience in activities related to the entity's ongoing
157     business activities.
158          (2) "Intern" means a student enrolled in a school-sponsored work experience and career
159     exploration program under Section 53G-7-902 involving both classroom instruction and work
160     experience with a cooperating employer, for which the student receives no compensation.
161          (3) "Internship" means the work experience segment of an intern's school-sponsored
162     work experience and career exploration program, performed under the direct supervision of a
163     cooperating employer.
164          (4) "Internship safety agreement" means the agreement between a public or private
165     school and a cooperating employer in accordance with Section 53G-7-904.
166          (5) "Private school" means a school serving any of grades 7 through 12 which is not
167     part of the public education system.
168          (6) "Public school" means:
169          (a) a public school district;
170          (b) an applied technology center or applied technology service region;
171          (c) the Schools for the Deaf and the Blind; or
172          (d) other components of the public education system authorized by the state board to
173     offer internships.
174          Section 5. Section 53G-9-801 is amended to read:
175          53G-9-801. Definitions.
176          As used in Section 53G-9-802:
177          (1) "Attainment goal" means earning:
178          (a) a high school diploma;
179          (b) a Utah High School Completion Diploma, as defined in state board rule made in
180     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
181          (c) an Adult Education Secondary Diploma, as defined in state board rule made in
182     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
183          (d) an employer-recognized, industry-based certificate that is:
184          (i) likely to result in job placement; and
185          (ii) included in the state board's approved career and technical education industry
186     certification list.
187          (2) "Cohort" means a group of students, defined by the year in which the group enters
188     grade 9.
189          (3) "Designated student" means a student:
190          (a) (i) who has withdrawn from an LEA before earning a diploma;
191          (ii) who has been dropped from average daily membership; and
192          (iii) whose cohort has not yet graduated; or
193          (b) who is at risk of meeting the criteria described in Subsection (3)(a), as determined
194     by the student's LEA, using risk factors defined in rules made by the state board in accordance
195     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
196          (4) "Graduation rate" means:
197          (a) for a school district or a charter school that includes grade 12, the graduation rate
198     calculated by the state board for federal accountability and reporting purposes; or
199          (b) for a charter school that does not include grade 12, a proxy graduation rate defined
200     in rules made by the state board in accordance with Title 63G, Chapter 3, Utah Administrative
201     Rulemaking Act.
202          (5) "Local education agency" or "LEA" means a school district or charter school that
203     serves students in grade 9, 10, 11, or 12.
204          (6) "Nontraditional program" means a program, as defined in rules made by the state
205     board under Subsection [53E-3-501(1)(e)] 53E-3-501(1)(c), in which a student receives
206     instruction through:
207          (a) distance learning;
208          (b) online learning;
209          (c) blended learning; or
210          (d) competency-based learning.
211          (7) "Statewide graduation rate" means:
212          (a) for a school district or a charter school that includes grade 12, the statewide
213     graduation rate, as annually calculated by the state board; or
214          (b) for a charter school that does not include grade 12, the average graduation rate for
215     all charter schools that do not include grade 12.
216          (8) "Third party" means:
217          (a) a private provider; or
218          (b) an LEA that does not meet the criteria described in Subsection 53G-9-802(3).
219          Section 6. Section 53G-11-402 is amended to read:
220          53G-11-402. Background checks for non-licensed employees, contract employees,
221     volunteers, and charter school governing board members.
222          (1) An LEA or qualifying private school shall:
223          (a) require [each of] the following individuals who [is] are 18 years old or older to
224     submit to a nationwide criminal background check and ongoing monitoring as a condition [for]
225     of employment or appointment:
226          (i) a non-licensed employee;
227          (ii) a contract employee;
228          (iii) except for an officer or employee of a cooperating employer under an internship
229     safety agreement under Section 53G-7-904, a volunteer who will be given significant
230     unsupervised access to a student in connection with the volunteer's assignment; and
231          (iv) a charter school governing board member;
232          (b) collect the following from an individual required to submit to a background check
233     under Subsection (1)(a):
234          (i) personal identifying information;
235          (ii) subject to Subsection (2), a fee described in Subsection 53-10-108(15); and
236          (iii) consent, on a form specified by the LEA or qualifying private school, for:
237          (A) an initial fingerprint-based background check by the FBI and the bureau upon
238     submission of the application; and
239          (B) retention of personal identifying information for ongoing monitoring through
240     registration with the systems described in Section 53G-11-404;
241          (c) submit the individual's personal identifying information to the bureau for:
242          (i) an initial fingerprint-based background check by the FBI and the bureau; and
243          (ii) ongoing monitoring through registration with the systems described in Section
244     53G-11-404 if the results of the initial background check do not contain disqualifying criminal
245     history information as determined by the LEA or qualifying private school in accordance with
246     Section 53G-11-405; and
247          (d) identify the appropriate privacy risk mitigation strategy [that will] to be used to
248     ensure [that] the LEA or qualifying private school only receives notifications for individuals
249     with whom the LEA or qualifying private school maintains an authorizing relationship.
250          (2) An LEA or qualifying private school may not require an individual to pay the fee
251     described in Subsection (1)(b)(ii) unless the individual:
252          (a) has passed an initial review; and
253          (b) is one of a pool of no more than five candidates for the position.
254          [(3) By September 1, 2018, an LEA or qualifying private school shall:]
255          [(a) collect the information described in Subsection (1)(b) from individuals:]
256          [(i) who were employed or appointed prior to July 1, 2015; and]
257          [(ii) with whom the LEA or qualifying private school currently maintains an
258     authorizing relationship; and]
259          [(b) submit the information to the bureau for ongoing monitoring through registration
260     with the systems described in Section 53G-11-404.]
261          [(4)] (3) An LEA or qualifying private school that receives criminal history
262     information about a licensed educator under Subsection 53G-11-403(5) shall assess the
263     employment status of the licensed educator as provided in Section 53G-11-405.
264          [(5)] (4) An LEA or qualifying private school may establish a policy to exempt an
265     individual described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under
266     Subsection (1) if the individual is being temporarily employed or appointed.