This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 1, 2024 at 3:29 PM by lpoole.
Representative Karianne Lisonbee proposes the following substitute bill:


1     
SCHOOL CLOSURE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends processes for school closures or school boundary changes.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines a term;
13          ▸     requires a local school board, before closing a school or changing the boundaries of
14     a school, to make a motion to notify the affected students' parents of a school
15     closure or boundary change;
16          ▸     allows the local school board, after a public hearing, to vote on the school closure or
17     school boundary change;
18          ▸     requires the local school board to complete the school closure or school boundary
19     change or process on or before a certain date;
20          ▸     allows parents of students affected by boundary changes to request enrollment
21     within a certain time after the boundary change takes effect; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53G-4-402, as last amended by Laws of Utah 2023, Chapters 16, 252, 343, 352, and
30     435
31          53G-6-402, as last amended by Laws of Utah 2023, Chapter 44
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53G-4-402 is amended to read:
35          53G-4-402. Powers and duties generally.
36          (1) A local school board shall:
37          (a) implement the core standards for Utah public schools using instructional materials
38     that best correlate to the core standards for Utah public schools and graduation requirements;
39          (b) administer tests, required by the state board, which measure the progress of each
40     student, and coordinate with the state superintendent and state board to assess results and create
41     plans to improve the student's progress, which shall be submitted to the state board for
42     approval;
43          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
44     students that need remediation and determine the type and amount of federal, state, and local
45     resources to implement remediation;
46          (d) for each grading period and for each course in which a student is enrolled, issue a
47     grade or performance report to the student:
48          (i) that reflects the student's work, including the student's progress based on mastery,
49     for the grading period; and
50          (ii) in accordance with the local school board's adopted grading or performance
51     standards and criteria;
52          (e) develop early warning systems for students or classes failing to make progress;
53          (f) work with the state board to establish a library of documented best practices,
54     consistent with state and federal regulations, for use by the special districts;
55          (g) implement training programs for school administrators, including basic
56     management training, best practices in instructional methods, budget training, staff
57     management, managing for learning results and continuous improvement, and how to help
58     every [child] student achieve optimal learning in basic academic subjects; and
59          (h) ensure that the local school board meets the data collection and reporting standards
60     described in Section 53E-3-501.
61          (2) Local school boards shall spend Minimum School Program funds for programs and
62     activities for which the state board has established minimum standards or rules under Section
63     53E-3-501.
64          (3) (a) A local school board may purchase, sell, and make improvements on school
65     sites, buildings, and equipment, and construct, erect, and furnish school buildings.
66          (b) School sites or buildings may only be conveyed or sold on local school board
67     resolution affirmed by at least two-thirds of the school board members.
68          (4) (a) A local school board may participate in the joint construction or operation of a
69     school attended by students residing within the district and students residing in other districts
70     either within or outside the state.
71          (b) Any agreement for the joint operation or construction of a school shall:
72          (i) be signed by the president of the local school board of each participating district;
73          (ii) include a mutually agreed upon pro rata cost; and
74          (iii) be filed with the state board.
75          (5) A local school board may establish, locate, and maintain elementary, secondary,
76     and applied technology schools.
77          (6) A local school board may enter into cooperative agreements with other local school
78     boards to provide educational services that best utilize resources for the overall operation of the
79     school districts, including shared transportation services.
80          (7) [An] A local school board shall ensure that an agreement under Subsection (6)
81     [shall]:
82          (a) [be] is signed by the president of the local school board of each participating
83     district;
84          (b) [specify] specifies the resource being shared;
85          (c) [include] includes a mutually agreed upon pro rata cost;
86          (d) [include] includes the duration of the agreement; and
87          (e) [be] is filed with the state board.
88          (8) Except as provided in Section 53E-3-905, a local school board may enroll children
89     in school who are at least five years old before September 2 of the year in which admission is
90     sought.
91          (9) A local school board:
92          (a) may establish and support school libraries; and
93          (b) shall provide an online platform:
94          (i) through which a parent is able to view the title, author, and a description of any
95     material the parent's child borrows from the school library, including a history of borrowed
96     materials, either using an existing online platform that the LEA uses or through a separate
97     platform; and
98          (ii) (A) for a school district with 1,000 or more enrolled students, no later than August
99     1, 2024; and
100          (B) for a school district with fewer than 1,000 enrolled students, no later than August
101     1, 2026.
102          (10) A local school board may collect damages for the loss, injury, or destruction of
103     school property.
104          (11) A local school board may authorize guidance and counseling services for students
105     and the student's parents before, during, or following school enrollment.
106          (12) (a) A local school board shall administer and implement federal educational
107     programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
108     Education Programs.
109          (b) Federal funds are not considered funds within the school district budget under
110     Chapter 7, Part 3, Budgets.
111          (13) (a) A local school board may organize school safety patrols and adopt policies
112     under which the patrols promote student safety.
113          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
114     parental consent for the appointment.
115          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
116     of a highway intended for vehicular traffic use.
117          (d) Liability may not attach to a school district, its employees, officers, or agents, or to
118     a safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
119     the program by virtue of the organization, maintenance, or operation of a school safety patrol.
120          (14) (a) A local school board may on its own behalf, or on behalf of an educational
121     institution for which the local school board is the direct governing body, accept private grants,
122     loans, gifts, endowments, devises, or bequests that are made for educational purposes.
123          (b) The contributions made under Subsection (14)(a) are not subject to appropriation
124     by the Legislature.
125          (15) (a) A local school board may appoint and fix the compensation of a compliance
126     officer to issue citations for violations of Subsection 76-10-105(2)(b).
127          (b) A person may not be appointed to serve as a compliance officer without the
128     person's consent.
129          (c) A teacher or student may not be appointed as a compliance officer.
130          (16) A local school board shall adopt bylaws and policies for the local school board's
131     own procedures.
132          (17) (a) A local school board shall make and enforce policies necessary for the control
133     and management of the district schools.
134          (b) Local school board policies shall be in writing, filed, and referenced for public
135     access.
136          (18) A local school board may hold school on legal holidays other than Sundays.
137          (19) (a) A local school board shall establish for each school year a school traffic safety
138     committee to implement this Subsection (19).
139          (b) The committee shall be composed of one representative of:
140          (i) the schools within the district;
141          (ii) the Parent Teachers' Association of the schools within the district;
142          (iii) the municipality or county;
143          (iv) state or local law enforcement; and
144          (v) state or local traffic safety engineering.
145          (c) The committee shall:
146          (i) receive suggestions from school community councils, parents, teachers, and others,
147     and recommend school traffic safety improvements, boundary changes to enhance safety, and
148     school traffic safety program measures;
149          (ii) review and submit annually to the Department of Transportation and affected
150     municipalities and counties a child access routing plan for each elementary, middle, and junior
151     high school within the district;
152          (iii) [consult] in consultation with the Utah Safety Council and the Division of Family
153     Health Services [and], provide training to all students in kindergarten through grade 6, within
154     the district, on school crossing safety and use; and
155          (iv) help ensure the district's compliance with rules made by the Department of
156     Transportation under Section 41-6a-303.
157          (d) The committee may establish subcommittees as needed to assist in accomplishing
158     the committee's duties under Subsection (19)(c).
159          (20) (a) A local school board shall adopt and implement a comprehensive emergency
160     response plan to prevent and combat violence in the local school board's public schools, on
161     school grounds, on [its] school vehicles, and in connection with school-related activities or
162     events.
163          (b) The local school board shall ensure that the plan [shall]:
164          (i) [include] includes prevention, intervention, and response components;
165          (ii) [be] is consistent with the [student conduct and discipline] school discipline and
166     conduct policies required for school districts under [Chapter 11, Part 2, Miscellaneous
167     Requirements] Chapter 8, Part 2, School Discipline and Conduct Plans;
168          (iii) [require] requires professional learning for all district and school building staff on
169     the staff's roles in the emergency response plan;
170          (iv) [provide] provides for coordination with local law enforcement and other public
171     safety representatives in preventing, intervening, and responding to violence in the areas and
172     activities referred to in Subsection (20)(a); and
173          (v) [include] includes procedures to notify a student who is off campus at the time of a
174     school violence emergency because the student is:
175          (A) participating in a school-related activity; or
176          (B) excused from school for a period of time during the regular school day to
177     participate in religious instruction at the request of the student's parent.
178          (c) The state board, through the state superintendent, shall develop comprehensive
179     emergency response plan models that local school boards may use, where appropriate, to
180     comply with Subsection (20)(a).
181          (d) A local school board shall, by July 1 of each year, certify to the state board that its
182     plan has been practiced at the school level and presented to and reviewed by its teachers,
183     administrators, students, and the student's parents and local law enforcement and public safety
184     representatives.
185          (21) (a) A local school board may adopt an emergency response plan for the treatment
186     of sports-related injuries that occur during school sports practices and events.
187          (b) The plan may be implemented by each secondary school in the district that has a
188     sports program for students.
189          (c) The plan may:
190          (i) include emergency personnel, emergency communication, and emergency
191     equipment components;
192          (ii) require professional learning on the emergency response plan for school personnel
193     who are involved in sports programs in the district's secondary schools; and
194          (iii) provide for coordination with individuals and agency representatives who:
195          (A) are not employees of the school district; and
196          (B) would be involved in providing emergency services to students injured while
197     participating in sports events.
198          (d) The local school board, in collaboration with the schools referred to in Subsection
199     (21)(b), may review the plan each year and make revisions when required to improve or
200     enhance the plan.
201          (e) The state board, through the state superintendent, shall provide local school boards
202     with an emergency plan response model that local school boards may use to comply with the
203     requirements of this Subsection (21).
204          (22) A local school board shall do all other things necessary for the maintenance,
205     prosperity, and success of the schools and the promotion of education.
206          (23) (a) As used in this subsection, "special enrollment program" means a full-day
207     academic program in which a parent opts to enroll the parent's student and that is offered at a
208     specifically designated school within an LEA, including:
209          (i) gifted or advanced learning programs;
210          Ŝ→ [(ii) special education programs;] ←Ŝ or
211          Ŝ→ [(iii)] (ii) ←Ŝ dual language immersion programs.
212          (b) Before closing a school [or], changing the boundaries of a school, or changing or
213     closing the location of a special enrollment program, a local school board shall:
214          (i) at a local school board meeting, make and Ŝ→ [vote on] approve ←Ŝ a motion to
214a     initiate the
215     notification required under Subsections (23) Ŝ→ [(a)] (b) ←Ŝ (ii) through (iv);
216          [(i)] (ii) at least 90 days before [approving] the day on which the local school board
217     approves the school closure or at least 30 days before the day on which the local school board
218     approves a school boundary change, provide notice that the local school board is considering
219     the closure or boundary change to:
220          (A) parents of students enrolled in the school, using the same form of communication
221     the local school board regularly uses to communicate with parents and also by mail, using the
222     United States Postal Service, to the parents at each known address;
223          (B) parents of students enrolled in other schools within the school district that may be
224     affected by the closure or boundary change, using the same form of communication the local
225     school board regularly uses to communicate with parents and also by mail, using the United
226     States Postal Service, to the parents at each known address; and
227          (C) the governing council and the mayor of the municipality in which the school is
228     located;
229          [(ii)] (iii) provide an opportunity for public comment on the proposed school closure
230     [or school boundary change] during at least two public local school board meetings; [and]
231          [(iii)] (iv) provide an opportunity for public comment on the proposed school boundary
232     change during one public local school board meeting; and
233          (v) hold a public hearing as defined in Section 10-9a-103 and provide public notice of
234     the public hearing as described in Subsection (23)(b).
235          [(b)] (c) A local school board shall:
236          (i) [The] ensure that the notice of a public hearing required under Subsection
237     [(23)(a)(iii) shall: (i) indicate] (23)(a)(v) indicates the:
238          (A) name of the school or schools under consideration for closure or boundary change;
239     and
240          (B) the date, time, and location of the public hearing;
241          (ii) if feasible, hold the public hearing at the location of the school that is under
242     consideration for closure;
243          [(ii)] (iii) for at least 10 days before the day [of] on which the public hearing[, be
244     published] occurs, publish the notice of the public hearing for the school district in which the
245     school is located, as a class A notice under Section 63G-30-102; and
246          [(iii)] (iv) at least 30 days before the day on which the public hearing [described in
247     Subsection (23)(a)(iii), be provided as described in Subsections (23)(a)(i).] occurs, provide
248     notice of the public hearing in the same manner as the notice of consideration under Subsection
249     (23)(a)(ii).
250          (d) A motion made under Subsection (23)(a) shall name each school under
251     consideration for closure in a separate motion.
252          (e) For a school closure, a local school board shall complete the process described in
253     this Subsection (23) on or before December 31 of the calendar year preceding the beginning of
254     the school year in which a school closure takes effect.
255          (f) (i) For a school boundary change, a local school board shall complete the process
256     described in this Subsection (23) no more than 60 days after the day on which the local school
257     board votes to approve a school closure.
258          (ii) Parents of students enrolled in a school affected by a boundary change shall have at
259     least 30 days after the day on which the local school board votes to approve a school boundary
260     change to request an out of area enrollment request in accordance with Chapter 6, Part 4,
261     School District Enrollment.
262          (24) A local school board may implement a facility energy efficiency program
263     established under Title 11, Chapter 44, Performance Efficiency Act.
264          (25) A local school board may establish or partner with a certified youth court in
265     accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
266     program, in coordination with schools in that district. A school may refer a student to a youth
267     court or a comparable restorative justice program in accordance with Section 53G-8-211.
268          (26) (a) As used in this Subsection (26):
269          (i) "Learning material" means any learning material or resource used to deliver or
270     support a student's learning, including textbooks, reading materials, videos, digital materials,
271     websites, and other online applications.
272          (ii) (A) "Instructional material" means learning material that a local school board
273     adopts and approves for use within the LEA.
274          (B) "Instructional material" does not include learning material used in a concurrent
275     enrollment, advanced placement, or international baccalaureate program or class or another
276     class with required instructional material that is not subject to selection by the local school
277     board.
278          (iii) "Supplemental material" means learning material that:
279          (A) an educator selects for classroom use; and
280          (B) a local school board has not considered and adopted, approved, or prohibited for
281     classroom use within the LEA.
282          (b) A local school board shall:
283          (i) make instructional material that the school district uses readily accessible and
284     available for a parent to view;
285          (ii) annually notify a parent of a student enrolled in the school district of how to access
286     the information described in Subsection (26)(b)(i); and
287          (iii) include on the school district's website information about how to access the
288     information described in Subsection (26)(b)(i).
289          (c) In selecting and approving instructional materials for use in the classroom, a local
290     school board shall:
291          (i) establish an open process, involving educators and parents of students enrolled in
292     the LEA, to review and recommend instructional materials for board approval; and
293          (ii) ensure that under the process described in Subsection (26)(c)(i), the board:
294          (A) before the meetings described in Subsection (26)(c)(ii)(B), posts the recommended
295     learning material online to allow for public review or, for copyrighted material, makes the
296     recommended learning material available at the LEA for public review;
297          (B) before adopting or approving the recommended instructional materials, holds at
298     least two public meetings on the recommendation that provides an opportunity for educators
299     whom the LEA employs and parents of students enrolled in the LEA to express views and
300     opinions on the recommendation; and
301          (C) adopts or approves the recommended instructional materials in an open and regular
302     board meeting.
303          (d) A local school board shall adopt a supplemental materials policy that provides
304     flexible guidance to educators on the selection of supplemental materials or resources that an
305     educator reviews and selects for classroom use using the educator's professional judgment,
306     including whether any process or permission is required before classroom use of the materials
307     or resources.
308          (e) If an LEA contracts with another party to provide online or digital materials, the
309     LEA shall include in the contract a requirement that the provider give notice to the LEA any
310     time that the provider makes a material change to the content of the online or digital materials,
311     excluding regular informational updates on current events.
312          (f) Nothing in this Subsection (26) requires a local school board to review all learning
313     materials used within the LEA.
314          Section 2. Section 53G-6-402 is amended to read:
315          53G-6-402. Open enrollment options -- Procedures -- Processing fee -- Continuing
316     enrollment.
317          (1) Each local school board is responsible for providing educational services consistent
318     with Utah state law and rules of the state board for each student who resides in the district and,
319     as provided in this section through Section 53G-6-407 and to the extent reasonably feasible, for
320     any student who resides in another district in the state and desires to attend a school in the
321     district, giving priority to a child of a military service member, as that term is defined in
322     53B-8-102.
323          (2) (a) A school is open for enrollment of nonresident students if the enrollment level
324     is at or below the open enrollment threshold.
325          (b) If a school's enrollment falls below the open enrollment threshold, the local school
326     board shall allow a nonresident student to enroll in the school.
327          (3) A local school board may allow enrollment of nonresident students in a school that
328     is operating above the open enrollment threshold.
329          (4) (a) A local school board shall adopt policies describing procedures for nonresident
330     students to follow in applying for entry into the district's schools.
331          (b) Those procedures shall provide, as a minimum, for:
332          (i) distribution to interested parties of information about the school or school district
333     and how to apply for admission;
334          (ii) use of standard application forms prescribed by the state board;
335          (iii) (A) submission of applications from November 15 through the first Friday in
336     February by those seeking admission during the early enrollment period for the following year;
337     or
338          (B) submission of applications from August 1 through November 1 by those seeking
339     admission during the early enrollment period for the following year in a school district
340     described in Subsection 53G-6-401(1)(b);
341          (iv) submission of applications by those seeking admission during the late enrollment
342     period;
343          (v) notwithstanding any other provision of this part or Part 3, School District
344     Residency, submission of applications for at least 30 days after the day on which a school
345     boundary change takes effect for those affected by the school boundary change;
346          [(v)] (vi) written notification to the student's parent of acceptance or rejection of an
347     application:
348          (A) within six weeks after receipt of the application by the district or by March 31,
349     whichever is later, for applications submitted during the early enrollment period;
350          (B) within two weeks after receipt of the application by the district or by the Friday
351     before the new school year begins, whichever is later, for applications submitted during the late
352     enrollment period for admission in the next school year; [and]
353          (C) within two weeks after receipt of the application by the district, for applications
354     submitted during the late enrollment period for admission in the current year; and
355          (D) within two weeks after receipt of the application by the district, for applications
356     submitted by students affected by a school district boundary change;
357          [(vi)] (vii) written notification to the resident school for intradistrict transfers or the
358     resident district for interdistrict transfers upon acceptance of a nonresident student for
359     enrollment; and
360          [(vii)] (viii) written notification to the parents of each student that resides within the
361     school district and other interested parties of the revised early enrollment period described in
362     Subsection 53G-6-401(1)(b) if:
363          (A) the school district is doing a district wide grade reconfiguration of its elementary,
364     middle, junior, and senior high schools; and
365          (B) the grade reconfiguration described in Subsection [(4)(b)(vii)(A)] (4)(b)(viii)(A)
366     will be implemented in the next school year.
367          (c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
368     applications and notifying parents of acceptance or rejection of an application, a local school
369     board may delay the dates if a local school board is not able to make a reasonably accurate
370     projection of the early enrollment school capacity or late enrollment school capacity of a school
371     due to:
372          (A) school construction or remodeling;
373          (B) drawing or revision of school boundaries; or
374          (C) other circumstances beyond the control of the local school board.
375          (ii) The delay may extend no later than four weeks beyond the date the local school
376     board is able to make a reasonably accurate projection of the early enrollment school capacity
377     or late enrollment school capacity of a school.
378          (5) A school district may charge a one-time $5 processing fee, to be paid at the time of
379     application.
380          (6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
381     subject to the same rules and standards as resident students, without renewed applications in
382     subsequent years unless one of the following occurs:
383          (a) the student graduates;
384          (b) the student is no longer a Utah resident;
385          (c) the student is suspended or expelled from school; [or]
386          (d) except for a student described in Subsection (6)(e), the district determines that
387     enrollment within the school will exceed the school's open enrollment threshold; or
388          (e) for a child of a military service member, as that term is defined in Section
389     53B-8-102, who moves from temporary to permanent housing outside of the relevant school
390     district boundaries following a permanent change of station:
391          (i) in kindergarten through grade 10, the student completes the current school year; or
392          (ii) in grades 11 and 12, the student graduates.
393          (7) (a) Determination of which nonresident students will be excluded from continued
394     enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
395     the school, with those most recently enrolled being excluded first and the use of a lottery
396     system when multiple nonresident students have the same number of school days in the school.
397          (b) Nonresident students who will not be permitted to continue their enrollment shall
398     be notified no later than March 15 of the current school year.
399          (8) The parent of a student enrolled in a school that is not the student's school of
400     residence may withdraw the student from that school for enrollment in another public school by
401     submitting notice of intent to enroll the student in:
402          (a) the district of residence; or
403          (b) another nonresident district.
404          (9) Unless provisions have previously been made for enrollment in another school, a
405     nonresident district releasing a student from enrollment shall immediately notify the district of
406     residence, which shall enroll the student in the resident district and take such additional steps
407     as may be necessary to ensure compliance with laws governing school attendance.
408          (10) (a) Except as provided in Subsection (10)(c), a student who transfers between
409     schools, whether effective on the first day of the school year or after the school year has begun,
410     by exercising an open enrollment option under this section may not transfer to a different
411     school during the same school year by exercising an open enrollment option under this section.
412          (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
413     student transfer made for health or safety reasons.
414          (c) A local school board may adopt a policy allowing a student to exercise an open
415     enrollment option more than once in a school year.
416          (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
417     that is not the student's school of residence, because school bus service is not provided between
418     the student's neighborhood and school of residence for safety reasons:
419          (a) shall be allowed to continue to attend the school until the student finishes the
420     highest grade level offered; and
421          (b) shall be allowed to attend the middle school, junior high school, or high school into
422     which the school's students feed until the student graduates from high school.
423          (12) Notwithstanding any other provision of this part or Part 3, School District
424     Residency, a student shall be allowed to enroll in any charter school or other public school in
425     any district, including a district where the student does not reside, if the enrollment is
426     necessary, as determined by the Division of Child and Family Services, to comply with the
427     provisions of 42 U.S.C. Section 675.
428          Section 3. Effective date.
429          This bill takes effect on May 1, 2024.