Senator Keith Grover proposes the following substitute bill:


1     
STUDENT SURVEY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Keith Grover

6     Cosponsors:
7     Brady Brammer
8     Walt Brooks
9     Joseph Elison
Katy Hall
Tim Jimenez
Jason B. Kyle
Trevor Lee
Matt MacPherson
Jordan D. Teuscher
R. Neil Walter
10     

11     LONG TITLE
12     General Description:
13          This bill amends student survey requirements.
14     Highlighted Provisions:
15          This bill:
16          ▸     removes references to the Utah Student Health and Risk Prevention Statewide
17     Survey;
18          ▸     requires an LEA to:
19               •     update policies to require parental consent for certain surveys given to a student;
20               •     obtain the certain parental consent annually in writing;
21               •     obtain new parental consent from parent's of a transferring student; and
22               •     provide a parent a list of recipients of any data collected;
23          ▸     prohibits an LEA from offering a reward or consequence to a student related to
24     survey participation;
25          ▸     allows an LEA to opt into administering the model school climate survey created by
26     the State Board of Education; and
27          ▸     makes technical changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     AMENDS:
34          26A-1-129, as enacted by Laws of Utah 2020, Chapter 347
35          53E-9-203, as last amended by Laws of Utah 2022, Chapter 335
36          53F-4-207, as last amended by Laws of Utah 2022, Chapter 208
37          53G-8-802, as last amended by Laws of Utah 2023, Chapters 328, 383
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 26A-1-129 is amended to read:
41          26A-1-129. Electronic Cigarette, Marijuana, and Other Drug Prevention Grant
42     Program -- Reporting.
43          (1) As used in this section, "grant program" means the Electronic Cigarette, Marijuana,
44     and Other Drug Prevention Grant Program created in this section.
45          (2) There is created the Electronic Cigarette, Marijuana, and Other Drug Prevention
46     Grant Program which shall be administered by local health departments in accordance with this
47     section.
48          (3) (a) A local health department shall administer the grant program with funds
49     allocated to the grant program under Subsection 59-14-807(4)(d), to award grants to:
50          (i) a coalition of community organizations that is focused on substance abuse
51     prevention;
52          (ii) a local government agency, including a law enforcement agency, for a program that
53     is focused on substance abuse prevention; or
54          (iii) a local education agency as defined in Section 53E-1-102.
55          (b) A recipient of a grant under the grant program shall use the grant to address root
56     causes and factors associated with the use of electronic cigarettes, marijuana, and other drugs:
57          (i) by addressing one or more risk or protective factors [identified in the Utah Student
58     Health and Risk Prevention Statewide Survey]; and
59          (ii) through one or more of the following activities aimed at reducing use of electronic
60     cigarettes, marijuana, and other drugs:
61          (A) providing information;
62          (B) enhancing individual skills;
63          (C) providing support to activities that reduce risk or enhance protections;
64          (D) enhancing access or reducing barriers systems, processes, or programs;
65          (E) changing consequences by addressing incentives or disincentives;
66          (F) changing the physical design or structure of an environment to reduce risk or
67     enhance protections; or
68          (G) supporting modifications or changing policies.
69          (c) The grant program shall provide funding for a program or purpose that is:
70          (i) evidence-based; or
71          (ii) a promising practice as defined by the United States Centers for Disease Control
72     and Prevention.
73          (4) (a) An applicant for a grant under the grant program shall submit an application to
74     the local health department that has jurisdiction over the area in which the applicant is
75     proposing use of grant funds.
76          (b) The application described in Subsection (4)(a) shall:
77          (i) provide a summary of how the applicant intends to expend grant funds; and
78          (ii) describe how the applicant will meet the requirements described in Subsection (3).
79          (c) A local health department may establish the form or manner in which an applicant
80     must submit an application for the grant program under this section.
81          (5) (a) A local health department shall:
82          (i) on or before June 30 of each year:
83          (A) review each grant application the local health department receives for the grant
84     program; and
85          (B) select recipients for a grant under the grant program; and
86          (ii) before July 15 of each year, disperse grant funds to each selected recipient.
87          (b) A local health department may not award a single grant under this section in an
88     amount that exceeds $100,000.
89          (6) (a) Before August 1 of each year, a recipient of a grant under the grant program
90     shall, for the previous year, submit a report to the local health department that:
91          (i) provides an accounting for the expenditure of grant funds;
92          (ii) describes measurable outcomes as a result of the expenditures;
93          (iii) describes the impact and effectiveness of programs and activities funded through
94     the grant; and
95          (iv) indicates the amount of grant funds remaining on the date that the report is
96     submitted.
97          (b) (i) A grant recipient shall submit the report described in Subsection (6)(a) before
98     August 1 of each year until the grant recipient expends all funds awarded to the recipient under
99     the grant program.
100          (ii) After a grant recipient expends all funds awarded to the recipient under the grant
101     program, the grant recipient shall submit a final report to the local health department with the
102     information described in Subsection (6)(a).
103          (7) (a) On or before September 1 of each year, each local health department shall
104     submit the reports described in Subsection (6) to the Association of Local Health Departments.
105          (b) The Association of Local Health Departments shall compile the reports and, in
106     collaboration with the Department of Health, submit a report to the Health and Human Services
107     Interim Committee regarding:
108          (i) the use of funds appropriated to the grant program;
109          (ii) the impact and effectiveness of programs and activities that the grant program
110     funds during the previous fiscal year; and
111          (iii) any recommendations for legislation.
112          Section 2. Section 53E-9-203 is amended to read:
113          53E-9-203. Activities prohibited without prior written consent -- Validity of
114     consent -- Qualifications -- Training on implementation.
115          (1) (a) Except as provided in Subsection [(7)] (8), Section 53G-9-604, and Section
116     53G-9-702, an LEA shall include in policies [adopted by a school district or charter school] the
117     LEA adopts under Section 53E-9-202 [shall include prohibitions on the administration] a
118     requirement for obtaining prior written consent from the student's parent when administering to
119     a student [of]:
120          (i) any psychological or psychiatric examination, test, or treatment[, or];and
121          (ii) any survey, analysis, or evaluation [without the prior written consent of the
122     student's parent,] in which the purpose or [evident intended effect] effect is to cause the student
123     to reveal information, whether the information is personally identifiable or not, concerning the
124     student's or any family member's:
125          [(a)] (A) political affiliations or, except as provided under Section 53G-10-202 or rules
126     of the state board, political philosophies;
127          [(b)] (B) mental or psychological problems;
128          [(c)] (C) sexual behavior, orientation, gender identity, or attitudes;
129          [(d)] (D) illegal, anti-social, self-incriminating, or demeaning behavior;
130          [(e)] (E) critical appraisals of individuals with whom the student or family member has
131     close family relationships;
132          [(f)] (F) religious affiliations or beliefs;
133          [(g)] (G) legally recognized privileged and analogous relationships, such as those with
134     lawyers, medical personnel, or ministers; and
135          [(h)] (H) income, except as required by law.
136          (b) An LEA shall annually obtain prior written consent for the following at the time a
137     student registers with the LEA:
138          (i) surveys related to an early warning system described in Section 53F-4-207;
139          (ii) surveys that include social emotional learning questions; and
140          (iii) the school climate survey described in Section 53G-8-802.
141          (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
142     through grade 12.
143          (3) Except as provided in Subsection [(7)] (8), Section 53G-9-604, and Section
144     53G-9-702, the [prohibitions] requirements under Subsection (1) shall also apply within the
145     curriculum and other school activities unless prior written consent of the student's parent has
146     been obtained.
147          (4) An LEA may not:
148          (a) use the prior written consent described in Subsection (1) that a different LEA
149     obtained for a student who transfers to the LEA after the beginning of the school year; or
150          (b) provide:
151          (i) a reward to a student for a student's participation in any psychological or psychiatric
152     examination, test, treatment, survey, analysis, or evaluation; or
153          (ii) a consequence to a student for a student's lack of participation in any psychological
154     or psychiatric examination, test, treatment, survey, analysis, or evaluation.
155          [(4)] (5) (a) Written parental consent is valid only if a parent has been first given
156     written notice, including notice that a copy of the educational or student survey questions to be
157     asked of the student in obtaining the desired information is made available at the school, and a
158     reasonable opportunity to obtain written information concerning:
159          (i) records or information, including information about relationships, that may be
160     examined or requested;
161          (ii) the means by which the records or information shall be examined or reviewed;
162          (iii) the means by which the information is to be obtained;
163          (iv) the purposes for which the records or information are needed;
164          (v) the entities or persons, regardless of affiliation, who will have access to the
165     personally identifiable information; and
166          (vi) a method by which a parent of a student can grant permission to access or examine
167     the personally identifiable information.
168          (b) For a survey described in Subsection (1), the LEA shall ensure that the written
169     notice described in Subsection [(4)(a) shall include an Internet address where a parent can view
170     the exact survey to be administered to the parent's student.] (5)(a) includes:
171          (i) the survey the LEA will administer to the parent's student;
172          (ii) the intended purposes and uses of the data collected;
173          (iii) the types of persons or governmental entities that:
174          (A) share the collected data including a list of recipients who will receive the
175     student-level data; or
176          (B) receive the data collected from a governmental entity on a regular or contractual
177     basis; and
178          (iv) the record series as defined in Section 63G-2-103 in which the data is or will be
179     included, if applicable.
180          [(5)] (6) (a) Except in response to a situation which a school employee reasonably
181     believes to be an emergency, [or] as authorized under Title 80, Chapter 2, Part 6, Child Abuse
182     and Neglect Reports, [or] by order of a court, or as described in Subsection (1)(b), disclosure to
183     a parent must be given at least two weeks before information protected under this section is
184     sought.
185          (b) Following disclosure, a parent may waive the two week minimum notification
186     period.
187          (c) Unless otherwise agreed to by a student's parent and the person requesting written
188     consent, the authorization is valid only for the activity for which it was granted.
189          (d) A written withdrawal of authorization submitted to the school principal by the
190     authorizing parent terminates the authorization.
191          (e) A general consent used to approve admission to school or involvement in special
192     education, remedial education, or a school activity does not constitute written consent under
193     this section.
194          [(6)] (7) (a) This section does not limit the ability of a student under Section
195     53G-10-203 to spontaneously express sentiments or opinions otherwise protected against
196     disclosure under this section.
197          (b) (i) If a school employee or agent believes that a situation exists which presents a
198     serious threat to the well-being of a student, that employee or agent shall notify the student's
199     parent without delay.
200          (ii) If, however, the matter has been reported to the Division of Child and Family
201     Services within the Department of Human Services, it is the responsibility of the division to
202     notify the student's parent of any possible investigation, prior to the student's return home from
203     school.
204          (iii) The division may be exempted from the notification requirements described in this
205     Subsection [(6)(b)(ii)] (7)(b)(ii) only if it determines that the student would be endangered by
206     notification of the student's parent, or if that notification is otherwise prohibited by state or
207     federal law.
208          [(7)] (8) (a) If a school employee, agent, or school resource officer believes a student is
209     at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
210     agent, or school resource officer may intervene and ask a student questions regarding the
211     student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
212     the purposes of:
213          (i) referring the student to appropriate prevention services; and
214          (ii) informing the student's parent.
215          (b) [On or before September 1, 2014, a school district or charter school] An LEA shall
216     develop and adopt a policy regarding intervention measures consistent with Subsection [(7)(a)]
217     (8)(a) while requiring the minimum degree of intervention to accomplish the goals of this
218     section.
219          [(8)] (9) [Local school boards and charter school governing boards] An LEA governing
220     board shall provide inservice for teachers and administrators on the implementation of this
221     section.
222          [(9)] (10) The state board shall provide procedures for disciplinary action for violations
223     of this section.
224          [(10)] (11) Data collected from a survey described in Subsection (1):
225          (a) is a private record as provided in Section 63G-2-302;
226          (b) may not be shared except in accordance with the Family Educational Rights and
227     Privacy Act, 20 U.S.C. Sec. 1232g;
228          (c) may only be used by an individual, organization, or governmental entity including
229     the state board for the purposes identified in the notice described in Subsection (5); and
230          [(c)] (d) may not be included in a student's Student Achievement Backpack, as that
231     term is defined in Section 53E-3-511.
232          Section 3. Section 53F-4-207 is amended to read:
233          53F-4-207. Student intervention early warning program.
234          (1) As used in this section:
235          (a) "Digital program" means a program that provides information for student early
236     intervention as described in this section.
237          (b) "Online data reporting tool" means a system described in Section 53E-4-311.
238          (c) "Participating LEA" means an LEA that receives access to a digital program under
239     Subsection (5).
240          (2) (a) The state board shall, subject to legislative appropriations:
241          (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide
242     additional formative actionable data on student outcomes; and
243          (ii) select through a competitive contract process a provider to provide to an LEA a
244     digital program as described in this section.
245          (b) Information collected or used by the state board for purposes of enhancing the
246     online data reporting tool in accordance with this section may not identify a student
247     individually.
248          (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
249     Administrative Rulemaking Act, to define the primary exceptionalities described in Subsection
250     (3)(e)(ii).
251          (3) The enhancement to the online data reporting tool and the digital program shall:
252          (a) be designed with a user-appropriate interface for use by teachers, school
253     administrators, and parents;
254          (b) provide reports on a student's results at the student level on:
255          (i) a national assessment;
256          (ii) a local assessment; and
257          (iii) a standards assessment described in Section 53E-4-303;
258          (c) have the ability to provide data from aggregate student reports based on a student's:
259          (i) teacher;
260          (ii) school;
261          (iii) school district, if applicable; or
262          (iv) ethnicity;
263          (d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
264     a single computer screen;
265          (e) have the ability to compare the performance of students, for each teacher, based on
266     a student's:
267          (i) gender;
268          (ii) special needs, including primary exceptionality as defined by state board rule;
269          (iii) English proficiency;
270          (iv) economic status;
271          (v) migrant status;
272          (vi) ethnicity;
273          (vii) response to tiered intervention;
274          (viii) response to tiered intervention enrollment date;
275          (ix) absence rate;
276          (x) feeder school;
277          (xi) type of school, including primary or secondary, public or private, Title I, or other
278     general school-type category;
279          (xii) course failures; and
280          (xiii) other criteria, as determined by the state board; and
281          (f) have the ability to load data from a local, national, or other assessment in the data's
282     original format within a reasonable time.
283          (4) Subject to legislative appropriations, the online data reporting tool and digital
284     program shall:
285          (a) integrate criteria for early warning indicators, including the following criteria:
286          (i) discipline;
287          (ii) attendance;
288          (iii) behavior;
289          (iv) course failures; and
290          (v) other criteria as determined by a local school board or charter school governing
291     board;
292          (b) provide a teacher or administrator the ability to view the early warning indicators
293     described in Subsection (4)(a) with a student's assessment results described in Subsection
294     (3)(b);
295          (c) provide data on response to intervention using existing assessments or measures
296     that are manually added, including assessment and nonacademic measures;
297          (d) provide a user the ability to share interventions within a reporting environment and
298     add comments to inform other teachers, administrators, and parents;
299          (e) save and share reports among different teachers and school administrators, subject
300     to the student population information a teacher or administrator has the rights to access;
301          (f) automatically flag a student profile when early warning thresholds are met so that a
302     teacher can easily identify a student who may be in need of intervention;
303          (g) incorporate a variety of algorithms to support student learning outcomes and
304     provide student growth reporting by teacher;
305          (h) integrate response to intervention tiers and activities as filters for the reporting of
306     individual student data and aggregated data, including by ethnicity, school, or teacher;
307          (i) have the ability to generate parent communication to alert the parent of academic
308     plans or interventions; and
309          (j) configure alerts based upon student academic results, including a student's
310     performance on the previous year's standards assessment described in Section 53E-4-303.
311          (5) (a) The state board shall, subject to legislative appropriations, select an LEA to
312     receive access to a digital program through a provider described in Subsection (2)(a)(ii).
313          (b) An LEA that receives access to a digital program shall:
314          (i) pay for 50% of the cost of providing access to the digital program to the LEA; and
315          (ii) no later than one school year after accessing a digital program, report to the state
316     board in a format required by the state board on:
317          (A) the effectiveness of the digital program;
318          (B) positive and negative attributes of the digital program;
319          (C) recommendations for improving the online data reporting tool; and
320          (D) any other information regarding a digital program requested by the state board.
321          (c) The state board shall consider recommendations from an LEA for changes to the
322     online data reporting tool.
323          (6) Information described in this section shall be used in accordance with and provided
324     subject to:
325          (a) Title 53E, Chapter 9, Student Privacy and Data Protection;
326          (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
327          (c) the parental consent requirements in Section 53E-9-203.
328          (7) (a) A parent or guardian may opt the parent's or guardian's student [out of] into
329     participating in a survey prepared by a participating LEA's online data reporting tool described
330     in this section.
331          (b) An LEA shall provide notice to a parent of:
332          (i) the administration of a survey described in Subsection (7)(a);
333          (ii) if applicable, that the survey may request information from students that is non-
334     academic in nature;
335          (iii) where the parent may access the survey described in Subsection (7)(a) to be
336     administered; and
337          (iv) the opportunity to opt a student out of participating in a survey as described in
338     Subsection (7)(a).
339          (c) A participating LEA shall annually provide notice to parents and guardians on how
340     the participating LEA uses student data through the online data reporting tool to provide
341     instruction and intervention to students.
342          Section 4. Section 53G-8-802 is amended to read:
343          53G-8-802. State Safety and Support Program -- State board duties -- LEA
344     duties.
345          (1) There is created the State Safety and Support Program.
346          (2) The state board shall:
347          (a) develop in conjunction with the Office of Substance Use and Mental Health model
348     student safety and support policies for an LEA, including:
349          (i) evidence-based procedures for the assessment of and intervention with an individual
350     whose behavior poses a threat to school safety;
351          (ii) procedures for referrals to law enforcement; and
352          (iii) procedures for referrals to a community services entity, a family support
353     organization, or a health care provider for evaluation or treatment;
354          (b) provide training:
355          (i) in school safety;
356          (ii) in evidence-based approaches to improve school climate and address and correct
357     bullying behavior;
358          (iii) in evidence-based approaches in identifying an individual who may pose a threat
359     to the school community;
360          (iv) in evidence-based approaches in identifying an individual who may be showing
361     signs or symptoms of mental illness;
362          (v) on permitted disclosures of student data to law enforcement and other support
363     services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
364          (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
365     53E-9-203 and 53E-9-305; and
366          (vii) for administrators on rights and prohibited acts under:
367          (A) Chapter 9, Part 6, Bullying and Hazing;
368          (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
369          (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
370          (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
371          (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
372          (c) conduct and disseminate evidence-based research on school safety concerns;
373          (d) disseminate information on effective school safety initiatives;
374          (e) encourage partnerships between public and private sectors to promote school safety;
375          (f) provide technical assistance to an LEA in the development and implementation of
376     school safety initiatives;
377          (g) in conjunction with the Department of Public Safety, develop and make available to
378     an LEA a model critical incident response training program that includes:
379          (i) protocols for conducting a threat assessment, and ensuring building security during
380     an incident, as required in Section 53G-8-701.5;
381          (ii) standardized response protocol terminology for use throughout the state;
382          (iii) protocols for planning and safety drills; and
383          (iv) recommendations for safety equipment for schools including amounts and types of
384     first aid supplies;
385          (h) provide space for the public safety liaison described in Section 53-1-106 and the
386     school-based mental health specialist described in Section 26B-5-211;
387          (i) create a model school climate survey that may be used by an LEA to assess
388     stakeholder perception of a school environment [and, in accordance with Title 63G, Chapter 3,
389     Utah Administrative Rulemaking Act, adopt rules]:
390          [(i) requiring an LEA to:]
391          [(A) create or adopt and disseminate a school climate survey; and]
392          [(B) disseminate the school climate survey;]
393          [(ii) recommending the distribution method, survey frequency, and sample size of the
394     survey; and]
395          [(iii) specifying the areas of content for the school climate survey]; and
396          (j) collect aggregate data and school climate survey results from [each] an LEA that
397     administers the model school climate survey described in Subsection (2)(i).
398          (3) Nothing in this section [requires] requires:
399          (a) an individual to respond to a school climate survey[.]; or
400          (b) an LEA to use the model school climate survey or any specified questions in the
401     model school climate survey described in Subsection (2)(i).
402          (4) The state board shall require an LEA to:
403          (a) (i) if an LEA administers a school climate survey, review [data from the state
404     board-facilitated surveys containing] school climate data for each school within the LEA; and
405          (ii) based on the review described in Subsection (4)(a)(i):
406          (A) revise practices, policies, and training to eliminate harassment and discrimination
407     in each school within the LEA;
408          (B) adopt a plan for harassment- and discrimination-free learning; and
409          (C) host outreach events or assemblies to inform students and parents of the plan
410     adopted under Subsection (4)(a)(ii)(B);
411          (b) no later than September 1 of each school year, send a notice to each student, parent,
412     and LEA staff member stating the LEA's commitment to maintaining a school climate that is
413     free of harassment and discrimination; and
414          (c) report to the state board[:]
415          [(i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
416     (4)(a)(ii)(B); and]
417          [(ii) after August 1, 2023,] annually on the LEA's implementation of the plan under
418     Subsection (4)(a)(ii)(B) and progress.
419          Section 5. Effective date.
420          This bill takes effect on July 1, 2024.