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7 LONG TITLE
8 General Description:
9 This bill requires certain approved entities who participate in state funded scholarship
10 programs to administer certain student assessments adopted by the State Board of
11 Education.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ requires certain approved entities who participate in state funded scholarship
16 programs to administer certain student assessments adopted by the State Board of
17 Education;
18 ▸ provides certain exceptions; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 53E-4-202, as last amended by Laws of Utah 2023, Chapter 435
27 53E-4-301, as last amended by Laws of Utah 2019, Chapter 186
28 53E-4-301.5, as last amended by Laws of Utah 2019, Chapter 186
29 53E-4-302, as last amended by Laws of Utah 2020, Chapter 408
30 53E-4-303, as last amended by Laws of Utah 2021, Chapter 129
31 53E-4-304, as last amended by Laws of Utah 2019, Chapters 186, 202
32 53E-4-305, as last amended by Laws of Utah 2019, Chapters 186, 202
33 53E-4-307, as last amended by Laws of Utah 2023, Chapter 20
34 53E-4-307.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
35 53E-7-403, as enacted by Laws of Utah 2020, Fourth Special Session, Chapter 3
36 53E-7-408, as last amended by Laws of Utah 2023, Chapter 353
37 53F-4-303, as last amended by Laws of Utah 2023, Chapter 353
38 53F-6-406, as enacted by Laws of Utah 2023, Chapter 1
39 53F-6-408, as enacted by Laws of Utah 2023, Chapter 1
40 53F-6-409, as enacted by Laws of Utah 2023, Chapter 1
41 53F-6-410, as enacted by Laws of Utah 2023, Chapter 1
42 63I-1-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 30,
43 52, 133, 161, 367, and 494
44 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
45 Chapters 30, 52, 133, 161, 310, 367, and 494
46 63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
47 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53E-4-202 is amended to read:
51 53E-4-202. Core standards for Utah public schools -- Notice and hearing
52 requirements.
53 (1) (a) In establishing minimum standards related to curriculum and instruction
54 requirements under Section 53E-3-501, the state board shall, in consultation with local school
55 boards, school superintendents, teachers, employers, and parents implement core standards for
56 Utah public schools that will enable students to, among other objectives:
57 (i) communicate effectively, both verbally and through written communication;
58 (ii) apply mathematics; and
59 (iii) access, analyze, and apply information.
60 (b) Except as provided in this public education code, the state board may recommend
61 but may not require a local school board or charter school governing board to use:
62 (i) a particular curriculum or instructional material; or
63 (ii) a model curriculum or instructional material.
64 (2) The state board shall, in establishing the core standards for Utah public schools:
65 (a) identify the basic knowledge, skills, and competencies each student is expected to
66 acquire or master as the student advances through the public education system; and
67 (b) align with each other the core standards for Utah public schools and the
68 assessments described in Section 53E-4-303.
69 (3) The basic knowledge, skills, and competencies identified pursuant to Subsection
70 (2)(a) shall increase in depth and complexity from year to year and focus on consistent and
71 continual progress within and between grade levels and courses in the basic academic areas of:
72 (a) English, including explicit phonics, spelling, grammar, reading, writing,
73 vocabulary, speech, and listening; and
74 (b) mathematics, including basic computational skills.
75 (4) Before adopting core standards for Utah public schools, the state board shall:
76 (a) publicize draft core standards for Utah public schools for the state, as a class A
77 notice under Section 63G-30-102, for at least 90 days;
78 (b) invite public comment on the draft core standards for Utah public schools for a
79 period of not less than 90 days; and
80 (c) conduct three public hearings that are held in different regions of the state on the
81 draft core standards for Utah public schools.
82 (5) LEA governing boards shall design [
83 generally accepted scientific standards of evidence, to focus on the core standards for Utah
84 public schools with the expectation that each program will enhance or help achieve mastery of
85 the core standards for Utah public schools.
86 (6) Except as provided in Sections 53G-10-103 and 53G-10-402, each school may
87 select instructional materials and methods of teaching, that are supported by generally accepted
88 scientific standards of evidence, that the school considers most appropriate to meet the core
89 standards for Utah public schools.
90 (7) The state may exit any agreement, contract, memorandum of understanding, or
91 consortium that cedes control of the core standards for Utah public schools to any other entity,
92 including a federal agency or consortium, for any reason, including:
93 (a) the cost of developing or implementing the core standards for Utah public schools;
94 (b) the proposed core standards for Utah public schools are inconsistent with
95 community values; or
96 (c) the agreement, contract, memorandum of understanding, or consortium:
97 (i) was entered into in violation of Chapter 3, Part 8, Implementing Federal or National
98 Education Programs, or Title 63J, Chapter 5, Federal Funds Procedures Act;
99 (ii) conflicts with Utah law;
100 (iii) requires Utah student data to be included in a national or multi-state database;
101 (iv) requires records of teacher performance to be included in a national or multi-state
102 database; or
103 (v) imposes curriculum, assessment, or data tracking requirements on home school or
104 private school students.
105 (8) The state board shall submit a report in accordance with Section 53E-1-203 on the
106 development and implementation of the core standards for Utah public schools, including the
107 time line established for the review of the core standards for Utah public schools by a standards
108 review committee and the recommendations of a standards review committee established under
109 Section 53E-4-203.
110 Section 2. Section 53E-4-301 is amended to read:
111 53E-4-301. Definitions.
112 As used in this part:
113 (1) "Core standards for Utah public schools" means the standards established by the
114 state board as described in Section 53E-4-202.
115 (2) "Eligible private school" means the same as that term is defined in Section
116 53F-4-301.
117 (3) "Qualifying provider" means the same as that term is defined in Section 53F-6-401.
118 (4) "Qualifying school" means the same as that term is defined in Section 53E-7-401.
119 [
120 (a) a standards assessment described in Section 53E-4-303;
121 (b) a high school assessment described in Section 53E-4-304;
122 (c) a college readiness assessment described in Section 53E-4-305; or
123 (d) an assessment of students in grade 3 to measure reading grade level described in
124 Section 53E-4-307.
125 Section 3. Section 53E-4-301.5 is amended to read:
126 53E-4-301.5. Legislative intent.
127 (1) In enacting this part, the Legislature intends to determine the effectiveness of
128 school districts and schools in assisting students to master the fundamental educational skills
129 toward which instruction is directed.
130 (2) The state board shall ensure that a statewide assessment provides the public, the
131 Legislature, the state board, school districts, public schools, schools, and school teachers with:
132 (a) evaluative information regarding the various levels of proficiency achieved by
133 students[
134 effectiveness of programs in [
135 (b) information to recognize excellence and to identify the need for additional
136 resources or to reallocate educational resources in a manner to ensure educational opportunities
137 for all students and to improve existing programs.
138 Section 4. Section 53E-4-302 is amended to read:
139 53E-4-302. Statewide assessments -- Duties of the state board.
140 (1) The state board shall:
141 (a) require the state superintendent to:
142 (i) submit and recommend statewide assessments to the state board for adoption by the
143 state board; and
144 (ii) distribute the statewide assessments adopted by the state board to a school district
145 [
146 (b) provide for the state to participate in the National Assessment of Educational
147 Progress state-by-state comparison testing program; and
148 (c) require a school district [
149 provider, or qualifying school to administer statewide assessments.
150 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
151 state board shall make rules for the administration of statewide assessments.
152 (3) The state board shall ensure that statewide assessments are administered in
153 compliance with the requirements of Chapter 9, Student Privacy and Data Protection.
154 Section 5. Section 53E-4-303 is amended to read:
155 53E-4-303. Utah standards assessments -- Administration -- Review committee.
156 (1) As used in this section, "computer adaptive assessment" means an assessment that
157 measures the range of a student's ability by adapting to the student's responses, selecting more
158 difficult or less difficult questions based on the student's responses.
159 (2) The state board shall:
160 (a) adopt a standards assessment that:
161 (i) measures a student's proficiency in:
162 (A) mathematics for students in each of grades 3 through 8;
163 (B) English language arts for students in each of grades 3 through 8;
164 (C) science for students in each of grades 4 through 8; and
165 (D) writing for students in at least grades 5 and 8; and
166 (ii) except for the writing measurement described in Subsection (2)(a)(i)(D), is a
167 computer adaptive assessment; and
168 (b) ensure that an assessment described in Subsection (2)(a) is:
169 (i) a criterion referenced assessment;
170 (ii) administered online;
171 (iii) aligned with the core standards for Utah public schools; and
172 (iv) adaptable to personalized, competency-based learning, as that term is defined in
173 Section 53F-5-501.
174 (3) A school district [
175 qualifying school shall annually administer the standards assessment adopted by the state board
176 under Subsection (2) to all students in the subjects and grade levels described in Subsection (2).
177 (4) (a) Except as provided in Subsection (4)(b), a student's score on the standards
178 assessment adopted under Subsection (2) may not be considered in determining:
179 (i) the student's academic grade for a course; or
180 (ii) whether the student may advance to the next grade level.
181 (b) A teacher may use a student's score on the standards assessment adopted under
182 Subsection (2) to improve the student's academic grade for or demonstrate the student's
183 competency within a relevant course.
184 (5) (a) The state board shall establish a committee consisting of 15 parents of Utah
185 public education students to review all standards assessment questions.
186 (b) The committee established in Subsection (5)(a) shall include the following parent
187 members:
188 (i) five members appointed by the chair of the state board;
189 (ii) five members appointed by the speaker of the House of Representatives or the
190 speaker's designee; and
191 (iii) five members appointed by the president of the Senate or the president's designee.
192 (c) The state board shall provide staff support to the parent committee.
193 (d) The term of office of each member appointed in Subsection (5)(b) is four years.
194 (e) The chair of the state board, the speaker of the House of Representatives, and the
195 president of the Senate shall adjust the length of terms to stagger the terms of committee
196 members so that approximately half of the committee members are appointed every two years.
197 (f) No member may receive compensation or benefits for the member's service on the
198 committee.
199 Section 6. Section 53E-4-304 is amended to read:
200 53E-4-304. High school assessments.
201 (1) The state board shall adopt a high school assessment that:
202 (a) is predictive of a student's college readiness as measured by the college readiness
203 assessment described in Section 53E-4-305; and
204 (b) provides a growth score for a student from grade 9 to 10.
205 (2) A school district [
206 qualifying school shall annually administer the high school assessment adopted by the state
207 board under Subsection (1) to all students in grades 9 and 10.
208 (3) A teacher may use a student's score on the high school assessment adopted under
209 Subsection (1) to improve the student's academic grade for or demonstrate the student's
210 competency within a relevant course.
211 Section 7. Section 53E-4-305 is amended to read:
212 53E-4-305. College readiness assessments.
213 (1) The Legislature recognizes the need for the state board to develop and implement
214 standards and assessment processes to ensure that student progress is measured and that LEA
215 governing boards [
216 personnel are accountable.
217 (2) The state board shall adopt a college readiness assessment for secondary students
218 that:
219 (a) is the college readiness assessment most commonly submitted to local universities;
220 and
221 (b) may include:
222 (i) the Armed Services Vocational Aptitude Battery; or
223 (ii) a battery of assessments that are predictive of success in higher education.
224 (3) (a) Except as provided in Subsection (3)(b), a school district [
225 eligible private school, qualifying provider, or qualifying school shall annually administer the
226 college readiness assessment adopted under Subsection (2) to all students in grade 11.
227 (b) A student with an IEP may take an appropriate college readiness assessment other
228 than the assessment adopted by the state board under Subsection (2), as determined by the
229 student's IEP.
230 (4) A teacher may use a student's score on the college readiness assessment adopted
231 under Subsection (2) to improve the student's academic grade for or demonstrate the student's
232 competency within a relevant course.
233 (5) In accordance with Section 53F-4-202, the state board shall contract with a provider
234 to provide an online college readiness diagnostic tool.
235 Section 8. Section 53E-4-307 is amended to read:
236 53E-4-307. Benchmark assessments in reading -- Report to parent.
237 (1) As used in this section:
238 (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
239 ability that has been organized into a hierarchical arrangement leading to higher levels of
240 knowledge, skill, or ability.
241 (b) "Diagnostic assessment" means an assessment that measures key literacy skills,
242 including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and
243 encoding skills, and comprehension, to determine a student's specific strengths and weaknesses
244 in a skill area.
245 (c) "Evidence-based" means the same as that term is defined in Section 53G-11-303.
246 (d) "Evidence-informed" means the same as that term is defined in Section
247 53G-11-303.
248 (2) The state board shall approve a benchmark assessment for use statewide by school
249 districts and charter schools to assess the reading competency of students in grades 1 through 6
250 as provided by this section.
251 (3) A school district [
252 qualifying school shall:
253 (a) administer benchmark assessments to students in grades 1, 2, and 3 at the
254 beginning, middle, and end of the school year using the benchmark assessment approved by the
255 state board; and
256 (b) after administering a benchmark assessment, report the results to a student's parent.
257 (4) (a) If a benchmark assessment or supplemental reading assessment indicates a
258 student lacks competency in a reading skill, or is lagging behind other students in the student's
259 grade in acquiring a reading skill, the school district or charter school shall:
260 (i) administer diagnostic assessments to the student;
261 (ii) using data from the diagnostic assessment, provide specific, focused, and
262 individualized intervention or tutoring to develop the reading skill;
263 (iii) administer formative assessments and progress monitoring at recommended levels
264 for the benchmark assessment to measure the success of the focused intervention;
265 (iv) inform the student's parent of activities that the parent may engage in with the
266 student to assist the student in improving reading proficiency;
267 (v) provide information to the parent regarding appropriate interventions available to
268 the student outside of the regular school day that may include tutoring, before and after school
269 programs, or summer school; and
270 (vi) provide instructional materials that are evidence-informed for core instruction and
271 evidence-based for intervention and supplemental instruction.
272 (b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading
273 software product to demonstrate the statistically significant effect size described in Subsection
274 53G-11-303(1)(a) in order to be used as an instructional material described in Subsection
275 (4)(a)(vi).
276 (5) (a) In accordance with Section 53F-4-201 and except as provided in Subsection
277 (5)(b), the state board shall contract with one or more educational technology providers for a
278 benchmark assessment system for reading for students in kindergarten through grade 6.
279 (b) If revenue is insufficient for the benchmark assessment system for the grades
280 described in Subsection (5)(a), the state board shall first prioritize funding a benchmark
281 assessment for students in kindergarten through grade 3.
282 Section 9. Section 53E-4-307.5 is amended to read:
283 53E-4-307.5. Mathematics benchmark assessment.
284 (1) As used in this section, "early mathematics benchmark assessment" or "benchmark
285 assessment" means a standardized assessment to measure the acquisition of mathematics skills
286 in kindergarten and grades 1 through 3 that includes predictive indicators of academic
287 achievement based on measures of early mathematics, computation, and problem solving.
288 (2) The state board may approve a benchmark assessment for use statewide by LEAs,
289 eligible private schools, qualifying providers, or qualifying schools to assess the mathematics
290 competency of students in kindergarten and grades 1 through 3.
291 (3) If the state board approves a benchmark assessment for statewide use under
292 Subsection (2), an LEA, eligible private provider, qualifying provider, or qualifying school
293 shall:
294 (a) administer benchmark assessments to students at the beginning, middle, and end of
295 the school year using the mathematics benchmark assessment in:
296 (i) kindergarten, as an optional assessment; and
297 (ii) grades 1 through 3, as a required assessment; and
298 (b) after administering a benchmark assessment described in Subsection (3)(a) to a
299 student, report the results to the student's parent.
300 (4) In making the approval described in Subsection (2), the state board shall:
301 (a) prioritize the assessment's reliability, validity, speed, and efficiency; and
302 (b) ensure the mathematics benchmark assessment's ability to:
303 (i) identify students who may be at risk for mathematics difficulties; and
304 (ii) measure students' progress through data.
305 Section 10. Section 53E-7-403 is amended to read:
306 53E-7-403. Qualifying school requirements.
307 (1) A qualifying school shall:
308 (a) notify a scholarship granting organization of the qualifying school's intention to
309 participate in the program;
310 (b) submit evidence to the scholarship granting organization that the qualifying school
311 has been approved by the state board under Section 53E-7-408; and
312 (c) submit a signed affidavit to the scholarship granting organization that the qualifying
313 school will comply with the requirements of this part.
314 (2) A qualifying school shall comply with 42 U.S.C. Sec. 1981, and meet state and
315 local health and safety laws and codes.
316 (3) Before the beginning of the school year immediately following a school year in
317 which a qualifying school receives scholarship money equal to or more than $100,000, the
318 qualifying school shall file with a scholarship granting organization that allocates scholarship
319 money to the qualifying school:
320 (a) a surety bond payable to the scholarship granting organization in an amount equal
321 to the aggregate amount of scholarship money expected to be received during the school year;
322 or
323 (b) financial information that demonstrates the financial viability of the qualifying
324 school, as required by the scholarship granting organization.
325 (4) If a scholarship granting organization determines that a qualifying school has
326 violated a provision of this part, the scholarship granting organization may interrupt
327 disbursement of or withhold scholarship money from the qualifying school.
328 (5) (a) If the state board determines that a qualifying school no longer meets the
329 eligibility requirements described in Section 53E-7-408, the state board may withdraw the state
330 board's approval of the school.
331 (b) A private school that does not have the state board's approval under Section
332 53E-7-408 may not accept scholarship money under this part.
333 (6) A qualifying school shall[
334 required under Section 53E-7-408[
335
336 Section 11. Section 53E-7-408 is amended to read:
337 53E-7-408. Eligible private schools.
338 (1) To be eligible to enroll a scholarship student, a private school shall:
339 (a) have a physical location in Utah where the scholarship students attend classes and
340 have direct contact with the school's teachers;
341 (b) (i) contract with an independent licensed certified public accountant to conduct an
342 Agreed Upon Procedures engagement as adopted by the state board, or obtain an audit and
343 report from a licensed independent certified public accountant that conforms with the following
344 requirements:
345 (A) the audit shall be performed in accordance with generally accepted auditing
346 standards;
347 (B) the financial statements shall be presented in accordance with generally accepted
348 accounting principles; and
349 (C) the audited financial statements shall be as of a period within the last 12 months;
350 and
351 (ii) submit the audit report or report of the agreed upon procedure to the state board
352 when the private school applies to accept scholarship students;
353 (c) comply with the antidiscrimination provisions of 42 U.S.C. 2000d;
354 (d) meet state and local health and safety laws and codes;
355 (e) provide a written disclosure to the parent of each prospective student, before the
356 student is enrolled, of:
357 (i) the special education services that will be provided to the student, including the cost
358 of those services;
359 (ii) tuition costs;
360 (iii) additional fees a parent will be required to pay during the school year; and
361 (iv) the skill or grade level of the curriculum in which the prospective student will
362 participate;
363 (f) (i) administer an annual assessment of each scholarship student's academic progress
364 that is:
365 (A) required under Chapter 4, Part 3, Assessments; or
366 (B) a nationally recognized norm-referenced assessment; and
367 (ii) report the results of the assessment described in Subsection (1)(f)(i) to the
368 scholarship student's parent;
369 (g) employ or contract with teachers who:
370 (i) hold baccalaureate or higher degrees;
371 (ii) have at least three years of teaching experience in public or private schools; or
372 (iii) have the necessary skills, knowledge, or expertise that qualifies the teacher to
373 provide instruction:
374 (A) in the subject or subjects taught; and
375 (B) to the special needs students taught;
376 (h) maintain documentation demonstrating that teachers at the private school meet the
377 qualifications described in Subsection (1)(g);
378 (i) require the following individuals to submit to a nationwide, fingerprint-based
379 criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
380 as a condition for employment or appointment, as authorized by the Adam Walsh Child
381 Protection and Safety Act of 2006, Pub. L. No. 109-248:
382 (i) an employee who does not hold a current Utah educator license issued by the state
383 board under Chapter 6, Education Professional Licensure;
384 (ii) a contract employee; and
385 (iii) a volunteer who is given significant unsupervised access to a student in connection
386 with the volunteer's assignment; and
387 (j) provide to the parent of a scholarship student the relevant credentials of the teachers
388 who will be teaching the scholarship student.
389 (2) A private school is not eligible to enroll scholarship students if:
390 (a) the private school requires a student to sign a contract waiving the student's rights
391 to transfer to another qualifying school during the school year;
392 (b) the audit report submitted under Subsection (1)(b) contains a going concern
393 explanatory paragraph;
394 (c) the report of the agreed upon procedures submitted under Subsection (1)(b) shows
395 that the private school does not have adequate working capital to maintain operations for the
396 first full year, as determined under Subsection (1)(b); or
397 (d) the private school charges a scholarship student more in tuition or fees than another
398 student based solely upon the scholarship student being a scholarship recipient under this part.
399 (3) A home school is not eligible to enroll scholarship students.
400 (4) Residential treatment facilities licensed by the state are not eligible to enroll
401 scholarship students.
402 (5) A private school intending to enroll scholarship students shall submit an application
403 to the state board.
404 (6) The state board shall:
405 (a) approve a private school's application to enroll scholarship students, if the private
406 school meets the eligibility requirements of this section; and
407 (b) publish on the state board's website, a list of private schools approved under this
408 section.
409 (7) A private school approved under this section that changes ownership shall:
410 (a) submit a new application to the state board; and
411 (b) demonstrate that the private school continues to meet the eligibility requirements of
412 this section.
413 Section 12. Section 53F-4-303 is amended to read:
414 53F-4-303. Eligible private schools.
415 (1) To be eligible to enroll a scholarship student, a private school shall:
416 (a) have a physical location in Utah where the scholarship students attend classes and
417 have direct contact with the school's teachers;
418 (b) (i) contract with an independent licensed certified public accountant to conduct an
419 Agreed Upon Procedures engagement, as adopted by the state board, or obtain an audit and
420 report from a licensed independent certified public accountant that conforms with the following
421 requirements:
422 (A) the audit shall be performed in accordance with generally accepted auditing
423 standards;
424 (B) the financial statements shall be presented in accordance with generally accepted
425 accounting principles; and
426 (C) the audited financial statements shall be as of a period within the last 12 months;
427 and
428 (ii) submit the audit report or report of the agreed upon procedure to the state board
429 when the private school applies to accept scholarship students;
430 (c) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
431 (d) meet state and local health and safety laws and codes;
432 (e) provide a written disclosure to the parent of each prospective student, before the
433 student is enrolled of:
434 (i) the special education services that will be provided to the student, including the cost
435 of those services;
436 (ii) tuition costs;
437 (iii) additional fees a parent will be required to pay during the school year; and
438 (iv) the skill or grade level of the curriculum that the student will be participating in;
439 (f) (i) administer an annual assessment of each scholarship student's academic progress
440 that is:
441 (A) required under Title 53E, Chapter 4, Part 3, Assessments; or
442 (B) a nationally recognized norm-referenced assessment;
443 (ii) report the results of the assessment described in Subsection (1)(f)(i) to the student's
444 parent; and
445 (iii) make the results available to the assessment team evaluating the student pursuant
446 to Subsection 53F-4-302(6);
447 (g) employ or contract with teachers who:
448 (i) hold baccalaureate or higher degrees;
449 (ii) have at least three years of teaching experience in public or private schools; or
450 (iii) have the necessary special skills, knowledge, or expertise that qualifies them to
451 provide instruction:
452 (A) in the subjects taught; and
453 (B) to the special needs students taught;
454 (h) maintain documentation demonstrating that teachers at the private school meet the
455 qualifications described in Subsection (1)(g);
456 (i) require the following individuals to submit to a nationwide, fingerprint-based
457 criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
458 as a condition for employment or appointment, as authorized by the Adam Walsh Child
459 Protection and Safety Act of 2006, Pub. L. No. 109-248:
460 (i) an employee who does not hold a current Utah educator license issued by the state
461 board under Title 53E, Chapter 6, Education Professional Licensure;
462 (ii) a contract employee; and
463 (iii) a volunteer who is given significant unsupervised access to a student in connection
464 with the volunteer's assignment; and
465 (j) provide to the parent of the scholarship student the relevant credentials of the
466 teachers who will be teaching the scholarship student.
467 (2) A private school is not eligible to enroll scholarship students if:
468 (a) the private school requires a student to sign a contract waiving the student's rights
469 to transfer to another eligible private school during the school year;
470 (b) the audit report submitted under Subsection (1)(b) contains a going concern
471 explanatory paragraph;
472 (c) the report of the agreed upon procedure submitted under Subsection (1)(b) shows
473 that the private school does not have adequate working capital to maintain operations for the
474 first full year, as determined under Subsection (1)(b); or
475 (d) the private school charges a scholarship student more in tuition or fees than another
476 student based solely upon the scholarship student being a scholarship recipient under this part.
477 (3) A home school is not eligible to enroll scholarship students.
478 (4) Residential treatment facilities licensed by the state are not eligible to enroll
479 scholarship students.
480 (5) A private school intending to enroll scholarship students shall submit an application
481 to the state board by May 1 of the school year preceding the school year in which it intends to
482 enroll scholarship students.
483 (6) The state board shall:
484 (a) approve a private school's application to enroll scholarship students, if the private
485 school meets the eligibility requirements of this section; and
486 (b) publish on the state board's website, a list of private schools approved under this
487 section.
488 (7) An approved eligible private school that changes ownership shall:
489 (a) submit a new application to the state board; and
490 (b) demonstrate that the private school continues to meet the eligibility requirements of
491 this section.
492 Section 13. Section 53F-6-406 is amended to read:
493 53F-6-406. Qualifying provider regulatory autonomy -- Home school autonomy --
494 Student records -- Scholarship student status.
495 (1) Nothing in this part:
496 (a) except as expressly described in this part, grants additional authority to any state
497 agency or LEA to regulate or control:
498 (i) a private school, qualifying provider, or home school; or
499 (ii) students receiving education from a private school, qualifying provider, or home
500 school;
501 (b) applies to or otherwise affects the freedom of choice of a home school student,
502 including the curriculum, resources, developmental planning, or any other aspect of the home
503 school student's education; or
504 (c) expands the regulatory authority of the state, a state office holder, or an LEA to
505 impose any additional regulation of a qualifying provider beyond any regulation necessary to
506 administer this part.
507 (2) A qualifying provider:
508 (a) has a right to maximum freedom from unlawful governmental control in providing
509 for the educational needs of a scholarship student who attends or engages with the qualifying
510 provider; and
511 (b) is not an agent of the state by virtue of the provider's acceptance of payment from a
512 scholarship account in accordance with this part.
513 (3) Except as provided in Section 53F-6-403 regarding qualifying providers, Section
514 53F-6-408 regarding eligible schools, or Section 53F-6-409 regarding eligible service
515 providers, a program manager may not require a qualifying provider to alter the qualifying
516 provider's creed, practices, admissions policies, hiring practices, or curricula in order to accept
517 scholarship funds.
518 (4) An LEA or a school in an LEA in which a scholarship student was previously
519 enrolled shall provide to the scholarship student's parent a copy of all school records relating to
520 the student that the LEA possesses within 30 days after the day on which the LEA or school
521 receives the parent's request for the student's records, subject to:
522 (a) Title 53E, Chapter 9, Student Privacy and Data Protection; and
523 (b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
524 (5) By virtue of a scholarship student's involvement in the program and unless
525 otherwise expressly provided in statute, a scholarship student is not:
526 (a) enrolled in the public education system; or
527 (b) otherwise subject to statute, administrative rules, or other state regulations as if the
528 student was enrolled in the public education system.
529 Section 14. Section 53F-6-408 is amended to read:
530 53F-6-408. Eligible schools.
531 (1) To be eligible to receive scholarship funds on behalf of a scholarship student as an
532 eligible school, a private school with 150 or more enrolled students shall:
533 (a) (i) contract with an independent licensed certified public accountant to conduct an
534 agreed upon procedures engagement as the state board adopts, or obtain an audit and report
535 that:
536 (A) a licensed independent certified public accountant conducts in accordance with
537 generally accepted auditing standards;
538 (B) presents the financial statements in accordance with generally accepted accounting
539 principles; and
540 (C) audits financial statements from within the 12 months immediately preceding the
541 audit; and
542 (ii) submit the audit report or report of the agreed upon procedure to the program
543 manager when the private school applies to receive scholarship funds;
544 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
545 (c) provide a written disclosure to the parent of each prospective scholarship student,
546 before the student is enrolled, of:
547 (i) the education services that the school will provide to the scholarship student,
548 including the cost of the provided services;
549 (ii) tuition costs;
550 (iii) additional fees the school will require a parent to pay during the school year; and
551 (iv) the skill or grade level of the curriculum in which the prospective scholarship
552 student will participate; and
553 (d) require the following individuals to submit to a nationwide, fingerprint-based
554 criminal background check and ongoing monitoring, in accordance with Section 53G-11-402,
555 as a condition for employment or appointment, as authorized by the Adam Walsh Child
556 Protection and Safety Act of 2006, Pub. L. No. 109-248:
557 (i) an employee who does not hold:
558 (A) a current Utah educator license issued by the state board under Title 53E, Chapter
559 6, Education Professional Licensure; or
560 (B) if the private school is not physically located in Utah, a current educator license in
561 the state where the private school is physically located; and
562 (ii) a contract employee.
563 (2) A private school described in Subsection (1) is not eligible to receive scholarship
564 funds if:
565 (a) the private school requires a scholarship student to sign a contract waiving the
566 scholarship student's right to transfer to another qualifying provider during the school year;
567 (b) the audit report described in Subsection (1)(a) contains a going concern explanatory
568 paragraph; or
569 (c) the report of the agreed upon procedures described in Subsection (1)(a) shows that
570 the private school does not have adequate working capital to maintain operations for the first
571 full year.
572 (3) To be eligible to receive scholarship funds on behalf of a scholarship student as an
573 eligible school, a private school with fewer than 150 enrolled students shall:
574 (a) provide to the program manager:
575 (i) a federal employer identification number;
576 (ii) the provider's address and contact information;
577 (iii) a description of each program or service the provider proposes to offer a
578 scholarship student; and
579 (iv) any other information as required by the program manager; and
580 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d.
581 (4) A private school described in Subsection (3) is not eligible to receive scholarship
582 funds if the private school requires a scholarship student to sign a contract waiving the
583 student's rights to transfer to another qualifying provider during the school year.
584 (5) To be eligible to receive scholarship funds on behalf of a scholarship student as an
585 eligible school, an LEA shall:
586 (a) provide to the program manager:
587 (i) a federal employer identification number;
588 (ii) the LEA's address and contact information;
589 (iii) a description of each program or service the LEA proposes to offer to scholarship
590 students; and
591 (iv) any other information as required by the program manager;
592 (b) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
593 (c) enter into an agreement with the program manager regarding the provision of
594 services to a scholarship student through which:
595 (i) the scholarship student does not enroll in the LEA;
596 (ii) in accordance with Subsection 53F-2-302(2), the LEA does not receive WPU
597 funding related to the student's participation with the LEA; and
598 (iii) the LEA and program manager ensure that a scholarship student does not
599 participate in a course or program at the LEA except in accordance with the agreement
600 described in this Subsection (5)(c) under the program.
601 (6) An LEA described in Subsection (5) is not eligible to receive scholarship funds if:
602 (a) the LEA requires a public education system scholarship student to sign a contract
603 waiving the student's rights to transfer to another qualifying provider during the school year; or
604 (b) the LEA refuses to offer services that do not require LEA enrollment to scholarship
605 students under the program.
606 (7) Residential treatment facilities licensed by the state are not eligible to receive
607 scholarship funds.
608 (8) A private school or LEA intending to receive scholarship funds shall:
609 (a) submit an application to the program manager; and
610 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
611 scholarship student's parents in any manner except remittances or refunds to a scholarship
612 account in accordance with this part and procedures that the program manager establishes.
613 (9) The program manager shall:
614 (a) if the private school or LEA meets the eligibility requirements of this section,
615 recognize the private school or LEA as an eligible school and approve the application; and
616 (b) make available to the public a list of eligible schools approved under this section.
617 (10) A private school approved under this section that changes ownership shall:
618 (a) cease operation as an eligible school until:
619 (i) the school submits a new application to the program manager; and
620 (ii) the program manager approves the new application; and
621 (b) demonstrate that the private school continues to meet the eligibility requirements of
622 this section.
623 (11) Eligible schools under this section shall administer an annual assessment that is:
624 (a) required under Title 53E, Chapter 4, Part 3, Assessments; or
625 (b) a nationally recognized norm-referenced assessment.
626 Section 15. Section 53F-6-409 is amended to read:
627 53F-6-409. Eligible service providers.
628 (1) To be an eligible service provider, a private program or service:
629 (a) shall provide to the program manager:
630 (i) a federal employer identification number;
631 (ii) the provider's address and contact information;
632 (iii) a description of each program or service the provider proposes to offer directly to a
633 scholarship student; and
634 (iv) subject to Subsection (2), any other information as required by the program
635 manager;
636 (b) shall comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and
637 (c) may not act as a consultant, clearing house, or intermediary that connects a
638 scholarship student with or otherwise facilitates the student's engagement with a program or
639 service that another entity provides.
640 (2) The program manager shall adopt policies that maximize the number of eligible
641 service providers, including accepting new providers throughout the school year, while
642 ensuring education programs or services provided through the program meet student needs and
643 otherwise comply with this part.
644 (3) A private program or service intending to receive scholarship funds shall:
645 (a) submit an application to the program manager; [
646 (b) agree to not refund, rebate, or share scholarship funds with scholarship students or
647 scholarship students' parents in any manner except remittances or refunds to a scholarship
648 account in accordance with this part and procedures that the program manager establishes[
649 and
650 (c) administer an annual assessment that is:
651 (i) required under Title 53E, Chapter 4, Part 3, Assessments; or
652 (ii) a nationally recognized norm-referenced assessment.
653 (4) The program manager shall:
654 (a) if the private program or service meets the eligibility requirements of this section,
655 recognize the private program or service as an eligible service provider and approve a private
656 program or service's application to receive scholarship funds on behalf of a scholarship student;
657 and
658 (b) make available to the public a list of eligible service providers approved under this
659 section.
660 (5) A private program or service approved under this section that changes ownership
661 shall:
662 (a) cease operation as an eligible service provider until:
663 (i) the program or service submits a new application to the program manager; and
664 (ii) the program manager approves the new application; and
665 (b) demonstrate that the private program or service continues to meet the eligibility
666 requirements of this section.
667 Section 16. Section 53F-6-410 is amended to read:
668 53F-6-410. Parental rights -- Optional assessment.
669 (1) In accordance with Section 53G-6-803 regarding a parent's right to academic
670 accommodations, nothing in this chapter restricts or affects a parent's interests and role in the
671 care, custody, and control of the parent's child, including the duty and right to nurture and
672 direct the child's upbringing and education.
673 (2) (a) [
674 program manager [
675 following assessments [
676 (i) a standards assessment described in Section 53E-4-303;
677 (ii) a high school assessment described in Section 53E-4-304;
678 (iii) a college readiness assessment described in Section 53E-4-305;
679 (iv) an assessment of students in grade 3 to measure reading grade level described in
680 Section 53E-4-307; or
681 (v) a nationally recognized norm-referenced assessment.
682 (b) (i) Notwithstanding any other provision of law, [
683 administers an assessment described in Subsection (2)(a) to a scholarship student in accordance
684 with this section, the entity may not report the result of or any other data pertaining to the
685 assessment or scholarship student to a person other than the program manager, the scholarship
686 student, or the scholarship student's parent.
687 (ii) The program manager may not report or communicate the result or data described
688 in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the
689 scholarship student's parent unless the result or data is included in a de-identified compilation
690 of data related to all scholarship students.
691 (c) In any communication from the program manager regarding an assessment
692 described in this Subsection (2), the program manager shall include a disclaimer that no
693 assessment is required.
694 [
695
696 Section 17. Section 63I-1-253 (Superseded 07/01/24) is amended to read:
697 63I-1-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
698 (1) Section 53-2a-105, which creates the Emergency Management Administration
699 Council, is repealed July 1, 2027.
700 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
701 Board, are repealed July 1, 2027.
702 (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
703 July 1, 2024.
704 (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
705 repealed July 1, 2024.
706 (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
707 Higher Education is repealed July 1, 2027.
708 (6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
709 July 1, 2028.
710 (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
711 (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
712 repealed January 1, 2025.
713 (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
714 (10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
715 Research Center, is repealed on July 1, 2028.
716 (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
717 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
718 hydrologic studies in the West Desert, is repealed July 1, 2030.
719 (12) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
720 custody, are repealed July 1, 2027.
721 (13) In relation to a standards review committee, on January 1, 2028:
722 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
723 recommendations of a standards review committee established under Section 53E-4-203" is
724 repealed; and
725 (b) Section 53E-4-203 is repealed.
726 (14) Section 53E-4-402, which creates the State Instructional Materials Commission, is
727 repealed July 1, 2027.
728 (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
729 repealed July 1, 2033.
730 (16) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
731 Program, is repealed July 1, 2024.
732 [
733 [
734 repealed July 1, 2025.
735 [
736 repealed July 1, 2025.
737 [
738 Pilot Program, is repealed on July 1, 2025.
739 [
740 Account Committee, is repealed July 1, 2024.
741 [
742 Commission, are repealed January 1, 2025.
743 [
744 2027.
745 [
746 July 1, 2027.
747 Section 18. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
748 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
749 53G.
750 (1) Section 53-2a-105, which creates the Emergency Management Administration
751 Council, is repealed July 1, 2027.
752 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
753 Board, are repealed July 1, 2027.
754 (3) Section 53-2d-703 is repealed July 1, 2027.
755 (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
756 July 1, 2024.
757 (5) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
758 repealed July 1, 2024.
759 (6) Section 53B-7-709, regarding five-year performance goals for the Utah System of
760 Higher Education is repealed July 1, 2027.
761 (7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
762 July 1, 2028.
763 (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
764 (9) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
765 repealed January 1, 2025.
766 (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
767 (11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
768 Research Center, is repealed on July 1, 2028.
769 (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
770 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
771 hydrologic studies in the West Desert, is repealed July 1, 2030.
772 (13) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
773 custody, are repealed July 1, 2027.
774 (14) In relation to a standards review committee, on January 1, 2028:
775 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
776 recommendations of a standards review committee established under Section 53E-4-203" is
777 repealed; and
778 (b) Section 53E-4-203 is repealed.
779 (15) Section 53E-4-402, which creates the State Instructional Materials Commission, is
780 repealed July 1, 2027.
781 (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
782 repealed July 1, 2033.
783 (17) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
784 Program, is repealed July 1, 2024.
785 [
786 [
787 repealed July 1, 2025.
788 [
789 repealed July 1, 2025.
790 [
791 Pilot Program, is repealed on July 1, 2025.
792 [
793 Account Committee, is repealed July 1, 2024.
794 [
795 Commission, are repealed January 1, 2025.
796 [
797 2027.
798 [
799 July 1, 2027.
800 Section 19. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
801 63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
802 (1) Section 53-2a-105, which creates the Emergency Management Administration
803 Council, is repealed July 1, 2027.
804 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
805 Board, are repealed July 1, 2027.
806 (3) Section 53-2d-703 is repealed July 1, 2027.
807 (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
808 July 1, 2024.
809 (5) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
810 repealed July 1, 2024.
811 (6) Section 53B-7-709, regarding five-year performance goals for the Utah System of
812 Higher Education is repealed July 1, 2027.
813 (7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
814 July 1, 2028.
815 (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
816 (9) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
817 repealed January 1, 2025.
818 (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
819 (11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
820 Research Center, is repealed on July 1, 2028.
821 (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
822 from the Land Exchange Distribution Account to the Geological Survey for test wells and other
823 hydrologic studies in the West Desert, is repealed July 1, 2030.
824 (13) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
825 custody, are repealed July 1, 2027.
826 (14) In relation to a standards review committee, on January 1, 2028:
827 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
828 recommendations of a standards review committee established under Section 53E-4-203" is
829 repealed; and
830 (b) Section 53E-4-203 is repealed.
831 (15) Section 53E-4-402, which creates the State Instructional Materials Commission, is
832 repealed July 1, 2027.
833 (16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
834 repealed July 1, 2033.
835 (17) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
836 Program, is repealed July 1, 2024.
837 [
838 [
839 repealed July 1, 2025.
840 [
841 repealed July 1, 2025.
842 [
843 Pilot Program, is repealed on July 1, 2025.
844 [
845 loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
846 (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
847 renumber the remaining subsections accordingly.
848 [
849 Account Committee, is repealed July 1, 2024.
850 [
851 Commission, are repealed January 1, 2025.
852 [
853 2027.
854 [
855 July 1, 2027.
856 Section 20. Effective date.
857 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
858 (2)(a) The actions affecting Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) take
859 effect on July 1, 2024.
860 (b) The actions affecting Section 63I-1-253 (Contingently Effective 01/01/25)
861 contingently take effect on January 1, 2025.