Representative Susan Pulsipher proposes the following substitute bill:


1     
EDUCATION REPORTING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes regarding training and reporting requirements for LEAs.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the required frequency of certain trainings; and
13          ▸     extends certain due dates for required reporting.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53E-2-202, as repealed and reenacted by Laws of Utah 2019, Chapter 324
21          53F-7-203, as last amended by Laws of Utah 2023, Chapter 348
22          53G-9-207, as last amended by Laws of Utah 2022, Chapter 335
23          53G-9-213, as enacted by Laws of Utah 2022, Chapter 227
24          53G-9-505, as last amended by Laws of Utah 2019, Chapters 293, 349
25          53G-9-704, as last amended by Laws of Utah 2020, Chapter 408

26          63J-1-602, as last amended by Laws of Utah 2023, Chapter 409
27          63J-1-903, as last amended by Laws of Utah 2023, Chapters 24, 409
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53E-2-202 is amended to read:
31          53E-2-202. Planning for Utah's public education system.
32          The state board shall:
33          (1) create, maintain, and review on a regular basis a statewide, comprehensive
34     multi-year strategic plan that includes long-term goals for improved student outcomes; and
35          (2) report annually to the Education Interim Committee on or before [the committee's
36     November meeting] December 15 on the strategic plan described in Subsection (1), including
37     progress toward achieving long-term goals.
38          Section 2. Section 53F-7-203 is amended to read:
39          53F-7-203. Paid professional hours for educators.
40          (1) Subject to legislative appropriations, the state board shall provide funding to each
41     LEA to provide additional paid professional hours to the following educators in accordance
42     with this section:
43          (a) general education and special education teachers;
44          (b) counselors;
45          (c) school administration;
46          (d) school specialists;
47          (e) student support;
48          (f) school psychologists;
49          (g) speech language pathologists; and
50          (h) audiologists.
51          (2) The state board shall distribute funds appropriated to the state board under
52     Subsection 53F-9-204(6) to each LEA in proportion to the number of educators described in
53     Subsection (1) within the LEA.
54          (3) An LEA shall use funding under this section to provide paid professional hours
55     that:
56          (a) provide educators with the knowledge and skills necessary to enable students to

57     succeed in a well-rounded education and to meet the challenging state academic standards; and
58          (b) may include activities that:
59          (i) improve and increase an educator's:
60          (A) knowledge of the academic subjects the educator teaches;
61          (B) time to plan and prepare daily lessons based on student needs;
62          (C) understanding of how students learn; and
63          (D) ability to analyze student work and achievement from multiple sources, including
64     how to adjust instructional strategies, assessments, and materials based on the analysis;
65          (ii) are an integral part of broad school-wide and LEA-wide educational improvement
66     plans;
67          (iii) allow personalized plans for each educator to address the educator's specific needs
68     identified in observation or other feedback;
69          (iv) advance educator understanding of:
70          (A) effective and evidence-based instructional strategies; and
71          (B) strategies for improving student academic achievement or substantially increasing
72     the knowledge and teaching skills of educators;
73          (v) are aligned with, and directly related to, academic goals of the school or LEA; and
74          (vi) include instruction in the use of data and assessments to inform and instruct
75     classroom practice.
76          (4) (a) An educator shall:
77          (i) on or before [the fifth day of instruction in a given school year] September 30,
78     create a plan, in consultation with the educator's principal, on how the educator plans to use
79     paid professional hours provided under this section during the school year; and
80          (ii) before the end of a given school year, provide a written statement to the educator's
81     principal of how the educator used paid professional hours provided under this section during
82     the school year.
83          (b) (i) Subsection (4)(a)(i) does not limit an educator who begins employment after
84     [the fifth day of instruction in a given year] September 30 from receiving paid professional
85     hours under this section.
86          (ii) An LEA may prorate the paid professional hours of an educator who begins
87     employment after [the fifth day of instruction in a given year] September 30 according to the

88     portion of the school year for which the LEA employs the educator.
89          Section 3. Section 53G-9-207 is amended to read:
90          53G-9-207. Child sexual abuse prevention.
91          (1) As used in this section, "school personnel" means the same as that term is defined
92     in Section 53G-9-203.
93          (2) The state board shall approve, in partnership with the Department of Human
94     Services, age-appropriate instructional materials for the training and instruction described in
95     Subsections (3)(a) and (4).
96          (3) (a) A school district or charter school shall provide, [every other year] once every
97     three years, training and instruction on child sexual abuse and human trafficking prevention
98     and awareness to:
99          (i) school personnel in elementary and secondary schools on:
100          (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
101     manner;
102          (B) identifying children who are victims or may be at risk of becoming victims of
103     human trafficking or commercial sexual exploitation; and
104          (C) the mandatory reporting requirements described in Sections 53E-6-701 and
105     80-2-602; and
106          (ii) parents of elementary school students on:
107          (A) recognizing warning signs of a child who is being sexually abused or who is a
108     victim or may be at risk of becoming a victim of human trafficking or commercial sexual
109     exploitation; and
110          (B) effective, age-appropriate methods for discussing the topic of child sexual abuse
111     with a child.
112          (b) A school district or charter school shall use the instructional materials approved by
113     the state board under Subsection (2) to provide the training and instruction to school personnel
114     and parents under Subsection (3)(a).
115          (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school
116     may provide instruction on child sexual abuse and human trafficking prevention and awareness
117     to elementary school students using age-appropriate curriculum.
118          (b) A school district or charter school that provides the instruction described in

119     Subsection (4)(a) shall use the instructional materials approved by the state board under
120     Subsection (2) to provide the instruction.
121          (5) (a) An elementary school student may not be given the instruction described in
122     Subsection (4) unless the parent of the student is:
123          (i) notified in advance of the:
124          (A) instruction and the content of the instruction; and
125          (B) parent's right to have the student excused from the instruction;
126          (ii) given an opportunity to review the instructional materials before the instruction
127     occurs; and
128          (iii) allowed to be present when the instruction is delivered.
129          (b) Upon the written request of the parent of an elementary school student, the student
130     shall be excused from the instruction described in Subsection (4).
131          (c) Participation of a student requires compliance with Sections 53E-9-202 and
132     53E-9-203.
133          (6) A school district or charter school may determine the mode of delivery for the
134     training and instruction described in Subsections (3) and (4).
135          (7) Upon request of the state board, a school district or charter school shall provide
136     evidence of compliance with this section.
137          Section 4. Section 53G-9-213 is amended to read:
138          53G-9-213. Seizure awareness.
139          (1) (a) Beginning with the 2022-23 school year, an LEA shall provide, as described in
140     Subsection (1)(b) and subject to Subsection (3), training to:
141          (i) a teacher who teaches a student who has informed the student's school or teacher
142     that the student has epilepsy or a similar seizure disorder; and
143          (ii) an administrator at the school where the student described in Subsection (1)(a)(i)
144     attends.
145          (b) The training shall:
146          (i) be offered [every two] once every three years; and
147          (ii) include:
148          (A) recognizing signs and symptoms of seizures; and
149          (B) appropriate steps for seizure first aid.

150          (2) Beginning with the 2023-24 school year, an LEA shall provide, as described in
151     Subsection (1)(b) and subject to Subsection (3), training to administrators, teachers, classroom
152     aides, and other individuals who interact with or supervise students.
153          (3) (a) The state board shall adopt guidelines for the training described in Subsections
154     (1)(a) and (2).
155          (b) The guidelines shall be consistent with programs and guidelines developed by the
156     Epilepsy Foundation of America or another national nonprofit organization that supports
157     individuals with epilepsy and seizure disorders.
158          (4) A training offered under this section may not require a person to provide first aid to
159     a student experiencing or showing symptoms of a seizure.
160          Section 5. Section 53G-9-505 is amended to read:
161          53G-9-505. Trained school employee volunteers -- Administration of seizure
162     rescue medication -- Exemptions from liability.
163          (1) As used in this section:
164          (a) "Prescribing health care professional" means:
165          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
166     Act;
167          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
168     Osteopathic Medical Practice Act;
169          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
170     Practice Act; or
171          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
172     Assistant Act.
173          (b) "Seizure rescue authorization" means a student's Section 504 accommodation plan
174     that:
175          (i) certifies that:
176          (A) a prescribing health care professional has prescribed a seizure rescue medication
177     for the student;
178          (B) the student's parent has previously administered the student's seizure rescue
179     medication in a nonmedically-supervised setting without a complication; and
180          (C) the student has previously ceased having full body prolonged or convulsive seizure

181     activity as a result of receiving the seizure rescue medication;
182          (ii) describes the specific seizure rescue medication authorized for the student,
183     including the indicated dose, and instructions for administration;
184          (iii) requests that the student's public school identify and train school employees who
185     are willing to volunteer to receive training to administer a seizure rescue medication in
186     accordance with this section; and
187          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
188     medication in accordance with this section.
189          (c) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
190     health care professional, to be administered as described in a student's seizure rescue
191     authorization, while the student experiences seizure activity.
192          (ii) A seizure rescue medication does not include a medication administered
193     intravenously or intramuscularly.
194          (d) "Trained school employee volunteer" means an individual who:
195          (i) is an employee of a public school where at least one student has a seizure rescue
196     authorization;
197          (ii) is at least 18 years old; and
198          (iii) as described in this section:
199          (A) volunteers to receive training in the administration of a seizure rescue medication;
200          (B) completes a training program described in this section;
201          (C) demonstrates competency on an assessment; and
202          (D) completes annual refresher training each year that the individual intends to remain
203     a trained school employee volunteer.
204          (2) (a) The Department of Health and Human Services shall, with input from the state
205     board and a children's hospital, develop a training program for trained school employee
206     volunteers in the administration of seizure rescue medications that includes:
207          (i) techniques to recognize symptoms that warrant the administration of a seizure
208     rescue medication;
209          (ii) standards and procedures for the storage of a seizure rescue medication;
210          (iii) procedures, in addition to administering a seizure rescue medication, in the event
211     that a student requires administration of the seizure rescue medication, including:

212          (A) calling 911; and
213          (B) contacting the student's parent;
214          (iv) an assessment to determine if an individual is competent to administer a seizure
215     rescue medication;
216          (v) an annual refresher training component; and
217          (vi) written materials describing the information required under this Subsection (2)(a).
218          (b) A public school shall retain for reference the written materials described in
219     Subsection (2)(a)(vi).
220          (c) The following individuals may provide the training described in Subsection (2)(a):
221          (i) a school nurse; or
222          (ii) a licensed heath care professional.
223          (3) (a) A public school shall, after receiving a seizure rescue authorization:
224          (i) inform school employees of the opportunity to be a school employee volunteer; and
225          (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
226     volunteers, using the training program described in Subsection (2)(a).
227          (b) A public school may not:
228          (i) obstruct the identification or training of a trained school employee volunteer; or
229          (ii) compel a school employee to become a trained school employee volunteer.
230          (4) A trained school employee volunteer may possess or store a prescribed rescue
231     seizure medication, in accordance with this section.
232          (5) A trained school employee volunteer may administer a seizure rescue medication to
233     a student with a seizure rescue authorization if:
234          (a) the student is exhibiting a symptom, described on the student's seizure rescue
235     authorization, that warrants the administration of a seizure rescue medication; and
236          (b) a licensed health care professional is not immediately available to administer the
237     seizure rescue medication.
238          (6) A trained school employee volunteer who administers a seizure rescue medication
239     shall direct an individual to call 911 and take other appropriate actions in accordance with the
240     training described in Subsection (2).
241          (7) A trained school employee volunteer who administers a seizure rescue medication
242     in accordance with this section in good faith is not liable in a civil or criminal action for an act

243     taken or not taken under this section.
244          (8) Section 53G-9-502 does not apply to the administration of a seizure rescue
245     medication.
246          (9) Section 53G-8-205 does not apply to the possession of a seizure rescue medication
247     in accordance with this section.
248          (10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
249     and Professions, do not apply to a person licensed as a health care professional under Title 58,
250     Occupations and Professions, including a nurse, physician, physician assistant, or pharmacist
251     for, in good faith, training a nonlicensed school employee who volunteers to administer a
252     seizure rescue medication in accordance with this section.
253          (b) Allowing a trained school employee volunteer to administer a seizure rescue
254     medication in accordance with this section does not constitute unlawful or inappropriate
255     delegation under Title 58, Occupations and Professions.
256          Section 6. Section 53G-9-704 is amended to read:
257          53G-9-704. Youth suicide prevention training for employees.
258          (1) A school district or charter school shall require a licensed employee to complete [a
259     minimum of two hours of] professional development training on youth suicide prevention
260     every three years.
261          (2) The state board shall:
262          (a) develop or adopt sample materials to be used by a school district or charter school
263     for professional development training on youth suicide prevention; and
264          (b) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
265     Rulemaking Act, incorporate the training described in Subsection (1) into professional
266     development training described in Section 53E-6-201.
267          Section 7. Section 63J-1-602 is amended to read:
268          63J-1-602. Nonlapsing appropriations.
269          (1) The appropriations from a fund or account and appropriations to a program that are
270     listed in Section 63J-1-602.1 or 63J-1-602.2 are nonlapsing.
271          (2) No appropriation from a fund or account or appropriation to a program may be
272     treated as nonlapsing unless:
273          (a) it is listed in Section 63J-1-602.1 or 63J-1-602.2;

274          (b) it is designated in a condition of appropriation in the appropriations bill; or
275          (c) nonlapsing authority is granted under Section 63J-1-603.
276          (3) Each legislative appropriations subcommittee shall review the accounts and funds
277     that have been granted nonlapsing authority under the provisions of this section or Section
278     63J-1-603.
279          (4) [On] Except as provided in Subsection (5), on or before October 1 of each calendar
280     year, an agency shall submit to the legislative appropriations subcommittee with jurisdiction
281     over the agency's budget a report that describes the agency's plan to expend any nonlapsing
282     appropriations, including:
283          (a) if applicable, the results of the prior year's planned use of the agency's nonlapsing
284     appropriations; and
285          (b) if the agency plans to save all or a portion of the agency's nonlapsing appropriations
286     over multiple years to pay for an anticipated expense:
287          (i) the estimated cost of the expense; and
288          (ii) the number of years until the agency will accumulate the amount required to pay for
289     the expense.
290          (5) The State Board of Education shall submit the report described in Subsections
291     (4)(a) and (b) on or before October 10 of each calendar year.
292          Section 8. Section 63J-1-903 is amended to read:
293          63J-1-903. Performance measure and funding item reporting.
294          (1) The Governor's Office of Planning and Budget and the Office of the Legislative
295     Fiscal Analyst may develop an information system to collect, track, and publish agency
296     performance measures.
297          (2) [Each] Except as provided in Subsection (3), each executive department agency
298     shall:
299          (a) in consultation with the Governor's Office of Planning and Budget and the Office of
300     the Legislative Fiscal Analyst, develop performance measures to include in an appropriations
301     act for each fiscal year; and
302          (b) on or before August 15 of each calendar year, provide to the Governor's Office of
303     Planning and Budget and the Office of the Legislative Fiscal Analyst:
304          (i) any recommendations for legislative changes for the next fiscal year to the agency's

305     previously adopted performance measures or targets; and
306          (ii) a report of the final status of the agency's performance measures included in the
307     appropriations act for the fiscal year ending the previous June 30.
308          (3) The State Board of Education and the Utah Board of Higher Education shall
309     comply with the requirements in Subsections (2)(a) and (b) on or before November 1 of each
310     calendar year.
311          [(3)] (4) Each judicial department agency shall:
312          (a) develop performance measures to include in an appropriations act for each fiscal
313     year; and
314          (b) annually submit to the Office of the Legislative Fiscal Analyst a report that
315     contains:
316          (i) any recommendations for legislative changes for the next fiscal year to the agency's
317     previously adopted performance measures; and
318          (ii) the final status of the agency's performance measures included in the appropriations
319     act for the fiscal year ending the previous June 30.
320          [(4)] (5) Within 21 days after the day on which the Legislature adjourns a legislative
321     session sine die, the Governor's Office of Planning and Budget and the Office of the Legislative
322     Fiscal Analyst shall:
323          (a) create a list of funding items passed during the legislative session;
324          (b) from the list described in Subsection [(4)(a)] (5)(a), identify in a sublist each
325     funding item that increases state funding by $500,000 or more from state funds; and
326          (c) provide the lists described in this subsection to each executive department agency.
327          [(5)] (6) [Each] Except as provided in Subsection (6), each executive department
328     agency shall provide to the Governor's Office of Planning and Budget and the Office of the
329     Legislative Fiscal Analyst:
330          (a) for each funding item on the list described in Subsection [(4)(b)] (5)(b), within 60
331     days after the day on which the Legislature adjourns a legislative session sine die:
332          (i) one or more proposed performance measures; and
333          (ii) a target for each performance measure described in Subsection [(5)(a)(i)] (6)(a)(i);
334     and
335          (b) for each funding item on the list described in Subsection [(4)(a)] (5)(a), on or

336     before August 15 of each year after the close of the fiscal year in which the funding item was
337     first funded, a report that includes:
338          (i) the status of each performance measure relative to the measure's target as described
339     in Subsection [(5)(a)] (6)(a), if applicable;
340          (ii) the actual amount the agency spent, if any, on the funding item; and
341          (iii) (A) the month and year in which the agency implemented the program or project
342     associated with the funding item; or
343          (B) if the program or project associated with the funding item is not fully implemented,
344     the month and year in which the agency anticipates fully implementing the program or project
345     associated with the funding item.
346          (7) The State Board of Education and the Utah Board of Higher Education shall
347     comply with Subsection (5)(b) on or before November 1 of each calendar year.
348          [(6)] (8) (a) After an executive department agency provides proposed performance
349     measures in accordance with Subsection [(5)(a)] (6)(a), the Governor's Office of Planning and
350     Budget and the Office of the Legislative Fiscal Analyst shall review the proposed performance
351     measures and, if necessary, coordinate with the executive department agency to modify and
352     finalize the performance measures.
353          (b) The Governor's Office of Planning and Budget, the Office of the Legislative Fiscal
354     Analyst, and the executive department agency shall finalize each proposed performance
355     measure before July 1.
356          [(7)] (9) The Governor's Office of Planning and Budget and the Office of the
357     Legislative Fiscal Analyst may jointly request that an executive department agency provide the
358     report required under Subsection [(5)(b)] (6)(b) in a different fiscal year than the fiscal year in
359     which the funding item was first funded or in multiple fiscal years.
360          [(8)] (10) The Governor's Office of Planning and Budget shall:
361          (a) review at least 20% of the performance measures described in Subsection (2)
362     annually; and
363          (b) ensure that the Governor's Office of Planning and Budget reviews each
364     performance measure described in Subsection (2) at least once every five years.
365          [(9)] (11) The Office of the Legislative Fiscal Analyst shall review the performance
366     measures described in Subsection (2) on a schedule that aligns with the appropriations

367     subcommittee's applicable accountable budget process described in legislative rule.
368          [(10)] (12) (a) The Office of the Legislative Fiscal Analyst shall report the relevant
369     performance measure information described in this section to the Executive Appropriations
370     Committee and the appropriations subcommittees, as appropriate.
371          (b) The Governor's Office of Planning and Budget shall report the relevant
372     performance measure information described in this section to the governor.
373          [(11)] (13) Each executive department agency, when the agency's budget is subject to a
374     legislative appropriations subcommittee's accountable budget process, shall:
375          (a) conduct a thorough evaluation of the agency's performance measures, internal
376     budget process, and budget controls; and
377          (b) submit the results of the evaluation to the legislative appropriations subcommittee.
378          Section 9. Effective date.
379          This bill takes effect on May 1, 2024.