This document includes House Floor Amendments incorporated into the bill on Wed, Feb 21, 2024 at 9:37 AM by housengrossing.
Representative Raymond P. Ward proposes the following substitute bill:


1     
EDUCATIONAL RIGHTS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Raymond P. Ward

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill requires an LEA to provide a safe and minimally disrupted educational
10     environment.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires an LEA to provide an educational environment that is safe for all students
14     and staff;
15          ▸     requires an LEA to ensure an educational environment has minimal disruptions;
16          ▸     forecloses certain private rights of action and waivers of governmental immunity;
17     and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53E-2-304, as last amended by Laws of Utah 2019, Chapter 186
26          53E-7-207, as last amended by Laws of Utah 2022, Chapter 431
27          63I-1-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 30,
28     52, 133, 161, 367, and 494
29          63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
30     Chapters 30, 52, 133, 161, 310, 367, and 494
31          63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
32     Chapters 30, 52, 133, 161, 187, 310, 367, and 494
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53E-2-304 is amended to read:
36          53E-2-304. School district and individual school powers -- Plan for college and
37     career readiness definition.
38          (1) In order to acquire and develop the characteristics listed in Section 53E-2-302, each
39     school district and each public school within its respective district shall implement a
40     comprehensive system of accountability in which students advance through public schools by
41     demonstrating competency in the core standards for Utah public schools through the use of
42     diverse assessment instruments such as authentic assessments, projects, and portfolios.
43          (2) (a) Each school district and public school shall:
44          (i) develop and implement programs integrating technology into the curriculum,
45     instruction, and student assessment;
46          (ii) in accordance with Subsection (5) and beginning July 1, 2025:
47          (A) provide an environment to all educators, school staff, and students that does not
48     pose a predictable threat of serious bodily injury to the educators, school staff, or students;
49          (B) provide an education to all students in which the students' classroom is not
50     Ĥ→ [significantly] ←Ĥ disrupted Ĥ→ [in an ongoing fashion] by a pattern of behavior that
50a     interferes substantially and materially with classroom instruction ←Ĥ ;
51          (C) provide an environment to all educators, school staff, and students that is free from
52     repeated verbal or physical sexual harassment or sexual assault;
53          [(ii)] (iii) provide for teacher and parent involvement in policymaking at the school
54     site;
55          [(iii)] (iv) implement a public school choice program to give parents, students, and
56     teachers greater flexibility in designing and choosing among programs with different focuses
57     through schools within the same district and other districts, subject to space availability,
58     demographics, and legal and performance criteria;
59          [(iv)] (v) establish strategic planning at both the district and school level and site-based
60     decision making programs at the school level;
61          [(v)] (vi) provide opportunities for each student to acquire and develop academic and
62     occupational knowledge, skills, and abilities;
63          [(vi)] (vii) participate in ongoing research and development projects primarily at the
64     school level aimed at improving the quality of education within the system; and
65          [(vii)] (viii) involve business and industry in the education process through the
66     establishment of partnerships with the business community at the district and school level.
67          (b) (i) As used in this section, "plan for college and career readiness" means a plan
68     developed by a student and the student's parent, in consultation with school counselors,
69     teachers, and administrators that:
70          (A) is initiated at the beginning of grade 7;
71          (B) identifies a student's skills and objectives;
72          (C) maps out a strategy to guide a student's course selection; and
73          (D) links a student to post-secondary options, including higher education and careers.
74          (ii) Each local school board, in consultation with school personnel, parents, and school
75     community councils or similar entities shall establish policies to provide for the effective
76     implementation of an individual learning plan or a plan for college and career readiness for
77     each student at the school site.
78          (iii) The policies shall include guidelines and expectations for:
79          (A) recognizing the student's accomplishments, strengths, and progress toward meeting
80     student achievement standards as defined in the core standards for Utah public schools;
81          (B) planning, monitoring, and managing education and career development; and
82          (C) involving students, parents, and school personnel in preparing and implementing
83     an individual learning plan and a plan for college and career readiness.
84          (iv) A parent may request a conference with school personnel in addition to an
85     individual learning plan or a plan for college and career readiness conference established by
86     local school board policy.
87          (v) Time spent during the school day to implement an individual learning plan or a
88     plan for college and career readiness is considered part of the school term described in Section
89     53F-2-102.
90          (3) A school district or public school may submit proposals to modify or waive rules or
91     policies of a supervisory authority within the public education system in order to acquire or
92     develop the characteristics listed in Section 53E-2-302.
93          (4) (a) Each school district and public school shall make an annual report to its patrons
94     on its activities under this section.
95          (b) The reporting process shall involve participation from teachers, parents, and the
96     community at large in determining how well the district or school is performing.
97          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
98     state board shall make rules to ensure implementation of the requirements described in
99     Subsection (2)(a)(ii).
100          (6) Nothing in this section creates a private right of action or constitutes a waiver of
101     immunity under Section 63G-7-301.
102          Section 2. Section 53E-7-207 is amended to read:
103          53E-7-207. Local education agency special education duty and authority.
104          (1) An LEA shall, at no cost to the eligible student, provide a full continuum of special
105     education services and placements to an eligible student enrolled at the LEA.
106          (2) As determined by an eligible student's IEP team, an LEA may provide special
107     education to an eligible student in the least restrictive environment as determined by the
108     eligible student's IEP team, regardless of whether the other students in the class or setting are
109     eligible students.
110          (3) (a) Upon request of the Division of Child and Family Services and if the LEA
111     obtains appropriate consent for the evaluation, an LEA shall provide an initial special
112     education evaluation to an individual who enters the custody of the Division of Child and
113     Family Services, if the Division of Child and Family Services suspects the individual may be
114     an eligible student.
115          (b) (i) Except as provided in Subsection (3)(b)(ii), the LEA shall conduct an evaluation
116     described in Subsection (3)(a) within 30 days after the day on which the Division of Child and
117     Family Services makes the request.
118          (ii) An LEA may refuse to conduct an evaluation described in Subsection (3)(a) if the
119     LEA reviews the relevant data regarding the individual and, within 10 days after the day on
120     which the LEA received the request described in Subsection (3)(a), gives the Division of Child
121     and Family Services written prior notice of refusal to evaluate.
122          (4) (a) In accordance with Subsection (4)(b), an LEA may provide education or training
123     for an individual with a disability who is:
124          (i) younger than 3 years old; or
125          (ii) at least 22 years old and not an eligible student.
126          (b) (i) Except as provided in Subsection (4)(b)(ii), an LEA may not use funding
127     described in Title 53F, Chapter 2, State Funding -- Minimum School Program, to pay for the
128     cost of education or training described in Subsection (4)(a).
129          (ii) An LEA may use adult education program funding described in Section 53F-2-401,
130     in accordance with the requirements described in Section 53F-2-401, to pay for the cost of the
131     education or training described in Subsection (4)(a).
132          (c) To pay for the cost of education or training described in Subsection (4)(a), an LEA
133     may use fees, contributions, or other funds received by the LEA if the purpose of the fees,
134     contributions, or other funds is to provide the education or training.
135          (5) In accordance with Subsection (6) and beginning July 1, 2025:
136          (a) An LEA shall provide education to all students within the LEA in the least
137     restrictive environment possible that does not predictably threaten serious bodily injury to
138     educators, school staff, or other students.
139          (b) An LEA shall provide education to all students within the LEA in the least
140     restrictive environment possible that does not Ĥ→ [significantly disrupt the education of other
141     students within the classroom in an ongoing fashion] result in a pattern of behavior that interferes
141a     substantially and materially with the instruction of the other students in the classroom ←Ĥ .
142          (c) An LEA shall provide an environment to all educators, school staff, and students in
143     the least restrictive environment possible that does not allow for repeated:
144          (i) verbal or physical sexual harassment; or
145          (ii) sexual assault.
146          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
147     state board shall make rules to ensure implementation of the requirements described in
148     Subsection (5).
149          (7) Nothing in this section creates a private right of action or constitutes a waiver of
150     immunity under Section 63G-7-301.
151          Section 3. Section 63I-1-253 (Superseded 07/01/24) is amended to read:
152          63I-1-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
153          (1) Section 53-2a-105, which creates the Emergency Management Administration
154     Council, is repealed July 1, 2027.
155          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
156     Board, are repealed July 1, 2027.
157          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
158     July 1, 2024.
159          (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
160     repealed July 1, 2024.
161          (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
162     Higher Education is repealed July 1, 2027.
163          (6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
164     July 1, 2028.
165          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
166          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
167     repealed January 1, 2025.
168          (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
169          (10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
170     Research Center, is repealed on July 1, 2028.
171          (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
172     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
173     hydrologic studies in the West Desert, is repealed July 1, 2030.
174          (12) Subsection 53E-2-304(6), which forecloses a private right of action or waiver of
175     governmental immunity, is repealed July 1, 2027.
176          [(12)] (13) Subsections 53E-3-503(5) and (6), which create coordinating councils for
177     youth in custody, are repealed July 1, 2027.
178          [(13)] (14) In relation to a standards review committee, on January 1, 2028:
179          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
180     recommendations of a standards review committee established under Section 53E-4-203" is
181     repealed; and
182          (b) Section 53E-4-203 is repealed.
183          [(14)] (15) Section 53E-4-402, which creates the State Instructional Materials
184     Commission, is repealed July 1, 2027.
185          [(15)] (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
186     Commission, is repealed July 1, 2033.
187          [(16)] (17) Section 53F-2-420, which creates the Intensive Services Special Education
188     Pilot Program, is repealed July 1, 2024.
189          (18) Subsection 53E-7-207(7), which forecloses a private right of action or waiver of
190     governmental immunity, is repealed July 1, 2027.
191          [(17)] (19) Section 53F-5-213 is repealed July 1, 2023.
192          [(18)] (20) Section 53F-5-214, in relation to a grant for professional learning, is
193     repealed July 1, 2025.
194          [(19)] (21) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
195     repealed July 1, 2025.
196          [(20)] (22) Section 53F-5-219, which creates the Local Innovations Civics Education
197     Pilot Program, is repealed on July 1, 2025.
198          [(21)] (23) Subsection 53F-9-203(7), which creates the Charter School Revolving
199     Account Committee, is repealed July 1, 2024.
200          [(22)] (24) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
201     Commission, are repealed January 1, 2025.
202          [(23)] (25) Section 53G-9-212, Drinking water quality in schools, is repealed July 1,
203     2027.
204          [(24)] (26) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
205     July 1, 2027.
206          Section 4. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
207          63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
208     53G.
209          (1) Section 53-2a-105, which creates the Emergency Management Administration
210     Council, is repealed July 1, 2027.
211          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
212     Board, are repealed July 1, 2027.
213          (3) Section 53-2d-703 is repealed July 1, 2027.
214          (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
215     July 1, 2024.
216          (5) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
217     repealed July 1, 2024.
218          (6) Section 53B-7-709, regarding five-year performance goals for the Utah System of
219     Higher Education is repealed July 1, 2027.
220          (7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
221     July 1, 2028.
222          (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
223          (9) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
224     repealed January 1, 2025.
225          (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
226          (11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
227     Research Center, is repealed on July 1, 2028.
228          (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
229     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
230     hydrologic studies in the West Desert, is repealed July 1, 2030.
231          (13) Subsection 53E-2-304(6), which forecloses a private right of action or waiver of
232     governmental immunity, is repealed July 1, 2027.
233          [(13)] (14) Subsections 53E-3-503(5) and (6), which create coordinating councils for
234     youth in custody, are repealed July 1, 2027.
235          [(14)] (15) In relation to a standards review committee, on January 1, 2028:
236          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
237     recommendations of a standards review committee established under Section 53E-4-203" is
238     repealed; and
239          (b) Section 53E-4-203 is repealed.
240          [(15)] (16) Section 53E-4-402, which creates the State Instructional Materials
241     Commission, is repealed July 1, 2027.
242          [(16)] (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
243     Commission, is repealed July 1, 2033.
244          (18) Subsection 53E-7-207(7), which forecloses a private right of action or waiver of
245     governmental immunity, is repealed July 1, 2027.
246          [(17)] (19) Section 53F-2-420, which creates the Intensive Services Special Education
247     Pilot Program, is repealed July 1, 2024.
248          [(18)] (20) Section 53F-5-213 is repealed July 1, 2023.
249          [(19)] (21) Section 53F-5-214, in relation to a grant for professional learning, is
250     repealed July 1, 2025.
251          [(20)] (22) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
252     repealed July 1, 2025.
253          [(21)] (23) Section 53F-5-219, which creates the Local Innovations Civics Education
254     Pilot Program, is repealed on July 1, 2025.
255          [(22)] (24) Subsection 53F-9-203(7), which creates the Charter School Revolving
256     Account Committee, is repealed July 1, 2024.
257          [(23)] (25) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
258     Commission, are repealed January 1, 2025.
259          [(24)] (26) Section 53G-9-212, Drinking water quality in schools, is repealed July 1,
260     2027.
261          [(25)] (27) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
262     July 1, 2027.
263          Section 5. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
264          63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
265          (1) Section 53-2a-105, which creates the Emergency Management Administration
266     Council, is repealed July 1, 2027.
267          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
268     Board, are repealed July 1, 2027.
269          (3) Section 53-2d-703 is repealed July 1, 2027.
270          (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
271     July 1, 2024.
272          (5) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
273     repealed July 1, 2024.
274          (6) Section 53B-7-709, regarding five-year performance goals for the Utah System of
275     Higher Education is repealed July 1, 2027.
276          (7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
277     July 1, 2028.
278          (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
279          (9) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
280     repealed January 1, 2025.
281          (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
282          (11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
283     Research Center, is repealed on July 1, 2028.
284          (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
285     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
286     hydrologic studies in the West Desert, is repealed July 1, 2030.
287          (13) Subsection 53E-2-304(6), which forecloses a private right of action or waiver of
288     governmental immunity, is repealed July 1, 2027.
289          [(13)] (14) Subsections 53E-3-503(5) and (6), which create coordinating councils for
290     youth in custody, are repealed July 1, 2027.
291          [(14)] (15) In relation to a standards review committee, on January 1, 2028:
292          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
293     recommendations of a standards review committee established under Section 53E-4-203" is
294     repealed; and
295          (b) Section 53E-4-203 is repealed.
296          [(15)] (16) Section 53E-4-402, which creates the State Instructional Materials
297     Commission, is repealed July 1, 2027.
298          [(16)] (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
299     Commission, is repealed July 1, 2033.
300          (18) Subsection 53E-7-207(7), which forecloses a private right of action or waiver of
301     governmental immunity, is repealed July 1, 2027.
302          [(17)] (19) Section 53F-2-420, which creates the Intensive Services Special Education
303     Pilot Program, is repealed July 1, 2024.
304          [(18)] (20) Section 53F-5-213 is repealed July 1, 2023.
305          [(19)] (21) Section 53F-5-214, in relation to a grant for professional learning, is
306     repealed July 1, 2025.
307          [(20)] (22) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
308     repealed July 1, 2025.
309          [(21)] (23) Section 53F-5-219, which creates the Local Innovations Civics Education
310     Pilot Program, is repealed on July 1, 2025.
311          [(22)] (24) (a) Subsection 53F-9-201.1(2)(b)(ii), in relation to the use of funds from a
312     loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
313          (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
314     renumber the remaining subsections accordingly.
315          [(23)] (25) Subsection 53F-9-203(7), which creates the Charter School Revolving
316     Account Committee, is repealed July 1, 2024.
317          [(24)] (26) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
318     Commission, are repealed January 1, 2025.
319          [(25)] (27) Section 53G-9-212, Drinking water quality in schools, is repealed July 1,
320     2027.
321          [(26)] (28) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
322     July 1, 2027.
323          Section 6. Effective date.
324          (1) Except as provided in Subsections (2) and (3), this bill takes effect on July 1, 2024.
325          (2) The actions affecting Section 63I-1-253 (Effective 07/01/2024) (Contingently
326     Superseded 01/01/25), take effect on July 1, 2024; and
327          (3) The actions affecting Section 63I-1-253 (Contingently Effective 1/1/2025), take
328     effect on January 1, 2025.