This document includes House Committee Amendments incorporated into the bill on Thu, Feb 1, 2024 at 9:44 AM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill addresses school enrollment through kindergarten enrollment requirements
10 and certain notices to a school regarding students taken into custody.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the State Board of Education to create rules regarding toilet training as a
14 condition for kindergarten enrollment;
15 ▸ amends a provision regarding notices from a peace or probation officer regarding a
16 student taken into custody to include a superintendent's designee; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53G-7-203, as last amended by Laws of Utah 2023, Chapters 347, 467
25 53G-8-403, as last amended by Laws of Utah 2023, Chapter 161
26 80-6-103, as last amended by Laws of Utah 2023, Chapter 161
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53G-7-203 is amended to read:
30 53G-7-203. Kindergartens -- Establishment -- Funding -- Assessment.
31 (1) Kindergartens are an integral part of the state's public education system.
32 (2) (a) Each LEA governing board shall provide kindergarten classes free of charge for
33 kindergarten children residing within the district or attending the charter school.
34 (b) Each LEA governing board shall provide a half-day kindergarten option for a
35 student if the student's parent requests a half-day option.
36 (c) Nothing in this Subsection (2):
37 (i) allows an LEA governing board to require a student to participate in a full-day
38 kindergarten program;
39 (ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6,
40 Part 2, Compulsory Education; or
41 (iii) requires a student who only attends a half day of kindergarten to participate in dual
42 enrollment under Section 53G-6-702.
43 (3) Kindergartens established under Subsection (2) shall receive state money under
44 Title 53F, Public Education System -- Funding.
45 (4) (a) The state board shall:
46 (i) develop and collect data from a kindergarten assessment that the board selects by
47 rule; and
48 (ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
49 Rulemaking Act, regarding the administration of and reporting regarding the assessment
50 described in Subsection (4)(a)(i).
51 (b) An LEA shall:
52 (i) administer the assessment described in Subsection (4)(a) to each kindergarten
53 student; and
54 (ii) report to the state board the results of the assessment described in Subsection
55 (4)(b)(i) in relation to each kindergarten student in the LEA.
56 (5) [
57 LEAs to report average daily membership for all kindergarten students who attend kindergarten
58 on a schedule that is equivalent in length to the schedule for grades 1 through 3 with the
59 October 1 data described in Section 53F-2-302.
60 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
61 state board shall make rules to:
62 (a) beginning with the 2024-2025 school year, require a student to be toilet trained
63 before being enrolled in kindergarten;
64 (b) establish requirements for an LEA's kindergarten enrollment process to include
65 assurances from a parent that the parent's student is toilet trained;
66 (c) create a process for an LEA to follow when an enrolled student in kindergarten is
67 found to not be toilet trained, including:
68 (i) referring the student and the student's parent to a school social worker or counselor
69 for additional family supports and resources; Ĥ→ [
69a (ii) allowing a parent or adult designee to
69b aid in toilet training as needed; and ←Ĥ
70 Ĥ→ [
70a toilet trained; and
71 (d) create exemptions from the requirement in Subsection (6)(a) for a student who is
72 not able to be toilet trained before kindergarten because of a condition described in an IEP or
73 Section 504 accommodation plan.
74 Section 2. Section 53G-8-403 is amended to read:
75 53G-8-403. Superintendent required to notify school.
76 (1) Within three days of receiving a notification from the juvenile court or a law
77 enforcement agency under Section 80-6-103, the district superintendent or the superintendent's
78 designee shall notify the principal of the school the juvenile attends or last attended.
79 (2) Upon receipt of the information, the principal shall:
80 (a) make a notation in a secure file other than the student's permanent file; and
81 (b) if the student is still enrolled in the school, notify staff members who, in his
82 opinion, should know of the adjudication.
83 (3) A person receiving information pursuant to this part may only disclose the
84 information to other persons having both a right and a current need to know.
85 (4) Access to secure files shall be limited to persons authorized to receive information
86 under this part.
87 Section 3. Section 80-6-103 is amended to read:
88 80-6-103. Notification to a school -- Civil and criminal liability.
89 (1) As used in this section:
90 (a) "School" means a school in a local education agency.
91 (b) "Local education agency" means a school district, a charter school, or the Utah
92 Schools for the Deaf and the Blind.
93 (c) "School official" means:
94 (i) the school superintendent of the district in which the minor resides or attends
95 school;
96 (ii) the designee of the school superintendent described in Subsection (1)(c)(i); or
97 [
98 where the minor attends.
99 (d) "Transferee school official" means:
100 (i) the school superintendent of the district in which the minor resides or attends school
101 if the minor is admitted to home detention;
102 (ii) the designee of the school superintendent described in Subsection (1)(d)(i); or
103 [
104 where the minor attends if the minor is admitted to home detention.
105 (2) A notification under this section is provided for a minor's supervision and student
106 safety.
107 (3) (a) If a minor is taken into temporary custody under Section 80-6-201 for a violent
108 felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or
109 other person who has taken the minor into temporary custody, shall notify a school official
110 within five days after the day on which the minor is taken into temporary custody.
111 (b) A notification under this Subsection (3) shall only disclose:
112 (i) the name of the minor;
113 (ii) the offense for which the minor was taken into temporary custody or admitted to
114 detention; and
115 (iii) if available, the name of the victim if the victim resides in the same school district
116 as the minor or attends the same school as the minor.
117 (4) After a detention hearing for a minor who is alleged to have committed a violent
118 felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
119 shall order a juvenile probation officer to notify a school official, or a transferee school official,
120 and the appropriate local law enforcement agency of the juvenile court's decision, including
121 any disposition, order, or no-contact order.
122 (5) If a designated staff member of a detention facility admits a minor to home
123 detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
124 court shall order a juvenile probation officer to notify a school official, or a transferee school
125 official, and the appropriate local law enforcement agency that the minor has been admitted to
126 home detention.
127 (6) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
128 in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a juvenile
129 probation officer to notify a school official, or a transferee school official, of the adjudication.
130 (b) A notification under this Subsection (6) shall be given to a school official, or a
131 transferee school official, within three days after the day on which the minor is adjudicated.
132 (c) A notification under this section shall include:
133 (i) the name of the minor;
134 (ii) the offense for which the minor was adjudicated; and
135 (iii) if available, the name of the victim if the victim:
136 (A) resides in the same school district as the minor; or
137 (B) attends the same school as the minor.
138 (7) If the juvenile court orders probation under Section 80-6-702, the juvenile court
139 shall order a juvenile probation officer to notify the appropriate local law enforcement agency
140 and the school official of the juvenile court's order for probation.
141 (8) (a) An employee of the local law enforcement agency, or the school the minor
142 attends, who discloses a notification under this section is not:
143 (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
144 provided in Section 63G-7-202; and
145 (ii) civilly or criminally liable except when the disclosure constitutes a knowing
146 violation of Section 63G-2-801.
147 (b) An employee of a governmental agency is immune from any criminal liability for
148 failing to provide the information required by this section, unless the employee fails to act due
149 to malice, gross negligence, or deliberate indifference to the consequences.
150 (9) (a) A notification under this section shall be classified as a protected record under
151 Section 63G-2-305.
152 (b) All other records of disclosures under this section are governed by Title 63G,
153 Chapter 2, Government Records Access and Management Act, and the Family Educational
154 Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
155 Section 4. Effective date.
156 This bill takes effect on May 1, 2024.