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• 2024 General Session
• H.B. 499

H.B. 499 Education Reporting Amendments

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Pulsipher, Susan

Floor Sponsor: Sen. Fillmore, Lincoln

• Substitute Sponsor: Rep. Pulsipher, Susan

• Drafting Attorney: Kami Orton
• Fiscal Analyst: Rachelle Gunderson

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• Bill Text
  • Introduced
  • Enrolled

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• Other Versions
  • H.B. 499
    Substitute Sponsor:
    

    • Introduced
    • Fiscal Note
    • House Transmittal Letter 1
    • Senate Transmittal Letter 1

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• Related Documents
  • Fiscal Note
  • HB0499 comparison

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• Information
  • Last Action: 12 Mar 2024, Governor Signed
  • Last Location: Lieutenant Governor's office for filing

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• Similar Bills
  • Charter Schools
  • Education
  • K-12 Education
  • Higher Education
  • School Personnel
  • State Board of Education
  • Utah Board of Higher Education
  • Public Education Data and Reporting

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Enrolled

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H.B. 499

10 53E-2-202 53F-7-203 53G-9-207 53G-9-213 53G-9-505 53G-9-704 63J-1-602 63J-1-903

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EDUCATION REPORTING AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Susan Pulsipher Senate Sponsor: Lincoln Fillmore

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LONG TITLE

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General Description:

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This bill makes changes regarding training and reporting requirements for LEAs.

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Highlighted Provisions:

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This bill:

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▸modifies the required frequency of certain trainings; and

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▸extends certain due dates for required reporting.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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53E-2-202, as repealed and reenacted by Laws of Utah 2019, Chapter 324

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53F-7-203, as last amended by Laws of Utah 2023, Chapter 348

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53G-9-207, as last amended by Laws of Utah 2022, Chapter 335

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53G-9-213, as enacted by Laws of Utah 2022, Chapter 227

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53G-9-505, as last amended by Laws of Utah 2019, Chapters 293, 349

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53G-9-704, as last amended by Laws of Utah 2020, Chapter 408

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63J-1-602, as last amended by Laws of Utah 2023, Chapter 409

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63J-1-903, as last amended by Laws of Utah 2023, Chapters 24, 409

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Be it enacted by the Legislature of the state of Utah:

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Section 1, Section 53E-2-202 is amended to read:

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53E-2-202. Planning for Utah's public education system. The state board shall:

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(1)create, maintain, and review on a regular basis a statewide, comprehensive multi-year

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strategic plan that includes long-term goals for improved student outcomes; and

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(2)report annually to the Education Interim Committee on or before the committee's

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November meeting December 15 on the strategic plan described in Subsection (1),

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including progress toward achieving long-term goals.

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Section 2, Section 53F-7-203 is amended to read:

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53F-7-203. Paid professional hours for educators.

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(1)Subject to legislative appropriations, the state board shall provide funding to each LEA

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to provide additional paid professional hours to the following educators in accordance

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with this section:

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(a)general education and special education teachers;

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(b)counselors;

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(c)school administration;

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(d)school specialists;

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(e)student support;

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(f)school psychologists;

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(g)speech language pathologists; and

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(h)audiologists.

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(2)The state board shall distribute funds appropriated to the state board under Subsection

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53F-9-204 (6) to each LEA in proportion to the number of educators described in

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Subsection (1) within the LEA.

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(3)An LEA shall use funding under this section to provide paid professional hours that:

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(a)provide educators with the knowledge and skills necessary to enable students to

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succeed in a well-rounded education and to meet the challenging state academic

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standards; and

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(b)may include activities that:

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(i)improve and increase an educator's:

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(A)knowledge of the academic subjects the educator teaches;

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(B)time to plan and prepare daily lessons based on student needs;

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(C)understanding of how students learn; and

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(D)ability to analyze student work and achievement from multiple sources,

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including how to adjust instructional strategies, assessments, and materials

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based on the analysis;

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(ii)are an integral part of broad school-wide and LEA-wide educational improvement

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plans;

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(iii)allow personalized plans for each educator to address the educator's specific

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needs identified in observation or other feedback;

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(iv)advance educator understanding of:

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(A)effective and evidence-based instructional strategies; and

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(B)strategies for improving student academic achievement or substantially

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increasing the knowledge and teaching skills of educators;

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(v)are aligned with, and directly related to, academic goals of the school or LEA; and

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(vi)include instruction in the use of data and assessments to inform and instruct

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classroom practice.

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(4) (a)An educator shall:

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(i)on or before the fifth day of instruction in a given school year September 30,

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create a plan, in consultation with the educator's principal, on how the educator

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plans to use paid professional hours provided under this section during the school

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year; and

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(ii)before the end of a given school year, provide a written statement to the

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educator's principal of how the educator used paid professional hours provided

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under this section during the school year.

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(b) (i)Subsection (4)(a)(i) does not limit an educator who begins employment after

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the fifth day of instruction in a given year September 30 from receiving paid

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professional hours under this section.

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(ii)An LEA may prorate the paid professional hours of an educator who begins

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employment after the fifth day of instruction in a given year September 30

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according to the portion of the school year for which the LEA employs the

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educator.

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Section 3, Section 53G-9-207 is amended to read:

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53G-9-207. Child sexual abuse prevention.

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(1)As used in this section, "school personnel" means the same as that term is defined in

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Section 53G-9-203.

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(2)The state board shall approve, in partnership with the Department of Human Services,

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age-appropriate instructional materials for the training and instruction described in

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Subsections (3)(a) and (4).

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(3) (a)A school district or charter school shall provide, every other year once every

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three years , training and instruction on child sexual abuse and human trafficking

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prevention and awareness to:

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(i)school personnel in elementary and secondary schools on:

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(A)responding to a disclosure of child sexual abuse in a supportive, appropriate

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manner;

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(B)identifying children who are victims or may be at risk of becoming victims of

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human trafficking or commercial sexual exploitation; and

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(C)the mandatory reporting requirements described in Sections 53E-6-701 and

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80-2-602 ; and

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(ii)parents of elementary school students on:

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(A)recognizing warning signs of a child who is being sexually abused or who is a

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victim or may be at risk of becoming a victim of human trafficking or

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commercial sexual exploitation; and

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(B)effective, age-appropriate methods for discussing the topic of child sexual

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abuse with a child.

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(b)A school district or charter school shall use the instructional materials approved by

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the state board under Subsection (2) to provide the training and instruction to school

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personnel and parents under Subsection (3)(a).

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(4) (a)In accordance with Subsections (4)(b) and (5), a school district or charter school

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may provide instruction on child sexual abuse and human trafficking prevention and

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awareness to elementary school students using age-appropriate curriculum.

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(b)A school district or charter school that provides the instruction described in

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Subsection (4)(a) shall use the instructional materials approved by the state board

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under Subsection (2) to provide the instruction.

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(5) (a)An elementary school student may not be given the instruction described in

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Subsection (4) unless the parent of the student is:

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(i)notified in advance of the:

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(A)instruction and the content of the instruction; and

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(B)parent's right to have the student excused from the instruction;

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(ii)given an opportunity to review the instructional materials before the instruction

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occurs; and

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(iii)allowed to be present when the instruction is delivered.

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(b)Upon the written request of the parent of an elementary school student, the student

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shall be excused from the instruction described in Subsection (4).

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(c)Participation of a student requires compliance with Sections 53E-9-202 and

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53E-9-203 .

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(6)A school district or charter school may determine the mode of delivery for the training

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and instruction described in Subsections (3) and (4).

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(7)Upon request of the state board, a school district or charter school shall provide

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evidence of compliance with this section.

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Section 4, Section 53G-9-213 is amended to read:

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53G-9-213. Seizure awareness.

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(1) (a)Beginning with the 2022-23 school year, an LEA shall provide, as described in

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Subsection (1)(b) and subject to Subsection (3), training to:

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(i)a teacher who teaches a student who has informed the student's school or teacher

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that the student has epilepsy or a similar seizure disorder; and

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(ii)an administrator at the school where the student described in Subsection (1)(a)(i)

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attends.

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(b)The training shall:

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(i)be offered every two once every three years; and

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(ii)include:

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(A)recognizing signs and symptoms of seizures; and

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(B)appropriate steps for seizure first aid.

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(2)Beginning with the 2023-24 school year, an LEA shall provide, as described in

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Subsection (1)(b) and subject to Subsection (3), training to administrators, teachers,

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classroom aides, and other individuals who interact with or supervise students.

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(3) (a)The state board shall adopt guidelines for the training described in Subsections

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(1)(a) and (2).

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(b)The guidelines shall be consistent with programs and guidelines developed by the

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Epilepsy Foundation of America or another national nonprofit organization that

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supports individuals with epilepsy and seizure disorders.

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(4)A training offered under this section may not require a person to provide first aid to a

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student experiencing or showing symptoms of a seizure.

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Section 5, Section 53G-9-505 is amended to read:

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53G-9-505. Trained school employee volunteers -- Administration of seizure

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rescue medication -- Exemptions from liability.

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(1)As used in this section:

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(a)"Prescribing health care professional" means:

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(i)a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical

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Practice Act;

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(ii)an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah

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Osteopathic Medical Practice Act;

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(iii)an advanced practice registered nurse licensed under Title 58, Chapter 31b,

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Nurse Practice Act; or

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(iv)a physician assistant licensed under Title 58, Chapter 70a, Utah Physician

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Assistant Act.

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(b)"Seizure rescue authorization" means a student's Section 504 accommodation plan

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that:

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(i)certifies that:

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(A)a prescribing health care professional has prescribed a seizure rescue

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medication for the student;

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(B)the student's parent has previously administered the student's seizure rescue

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medication in a nonmedically-supervised setting without a complication; and

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(C)the student has previously ceased having full body prolonged or convulsive

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seizure activity as a result of receiving the seizure rescue medication;

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(ii)describes the specific seizure rescue medication authorized for the student,

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including the indicated dose, and instructions for administration;

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(iii)requests that the student's public school identify and train school employees who

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are willing to volunteer to receive training to administer a seizure rescue

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medication in accordance with this section; and

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(iv)authorizes a trained school employee volunteer to administer a seizure rescue

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medication in accordance with this section.

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(c) (i)"Seizure rescue medication" means a medication, prescribed by a prescribing

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health care professional, to be administered as described in a student's seizure

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rescue authorization, while the student experiences seizure activity.

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(ii)A seizure rescue medication does not include a medication administered

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intravenously or intramuscularly.

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(d)"Trained school employee volunteer" means an individual who:

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(i)is an employee of a public school where at least one student has a seizure rescue

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authorization;

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(ii)is at least 18 years old; and

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(iii)as described in this section:

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(A)volunteers to receive training in the administration of a seizure rescue

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medication;

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(B)completes a training program described in this section;

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(C)demonstrates competency on an assessment; and

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(D)completes annual refresher training each year that the individual intends to

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remain a trained school employee volunteer.

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(2) (a)The Department of Health and Human Services shall, with input from the state

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board and a children's hospital, develop a training program for trained school

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employee volunteers in the administration of seizure rescue medications that includes:

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(i)techniques to recognize symptoms that warrant the administration of a seizure

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rescue medication;

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(ii)standards and procedures for the storage of a seizure rescue medication;

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(iii)procedures, in addition to administering a seizure rescue medication, in the event

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that a student requires administration of the seizure rescue medication, including:

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(A)calling 911; and

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(B)contacting the student's parent;

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(iv)an assessment to determine if an individual is competent to administer a seizure

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rescue medication;

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(v)an annual refresher training component; and

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(vi)written materials describing the information required under this Subsection (2)(a).

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(b)A public school shall retain for reference the written materials described in

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Subsection (2)(a)(vi).

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(c)The following individuals may provide the training described in Subsection (2)(a):

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(i)a school nurse; or

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(ii)a licensed heath care professional.

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(3) (a)A public school shall, after receiving a seizure rescue authorization:

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(i)inform school employees of the opportunity to be a school employee volunteer;

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and

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(ii)subject to Subsection (3)(b)(ii), provide training, to each school employee who

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volunteers, using the training program described in Subsection (2)(a).

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(b)A public school may not:

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(i)obstruct the identification or training of a trained school employee volunteer; or

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(ii)compel a school employee to become a trained school employee volunteer.

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(4)A trained school employee volunteer may possess or store a prescribed rescue seizure

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medication, in accordance with this section.

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(5)A trained school employee volunteer may administer a seizure rescue medication to a

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student with a seizure rescue authorization if:

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(a)the student is exhibiting a symptom, described on the student's seizure rescue

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authorization, that warrants the administration of a seizure rescue medication; and

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(b)a licensed health care professional is not immediately available to administer the

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seizure rescue medication.

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(6)A trained school employee volunteer who administers a seizure rescue medication shall

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direct an individual to call 911 and take other appropriate actions in accordance with the

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training described in Subsection (2).

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(7)A trained school employee volunteer who administers a seizure rescue medication in

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accordance with this section in good faith is not liable in a civil or criminal action for an

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act taken or not taken under this section.

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(8)Section 53G-9-502 does not apply to the administration of a seizure rescue medication.

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(9)Section 53G-8-205 does not apply to the possession of a seizure rescue medication in

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accordance with this section.

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(10) (a)The unlawful or unprofessional conduct provisions of Title 58, Occupations and

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Professions, do not apply to a person licensed as a health care professional under

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Title 58, Occupations and Professions, including a nurse, physician, physician

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assistant, or pharmacist for, in good faith, training a nonlicensed school employee

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who volunteers to administer a seizure rescue medication in accordance with this

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section.

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(b)Allowing a trained school employee volunteer to administer a seizure rescue

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medication in accordance with this section does not constitute unlawful or

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inappropriate delegation under Title 58, Occupations and Professions.

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Section 6, Section 53G-9-704 is amended to read:

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53G-9-704. Youth suicide prevention training for employees.

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(1)A school district or charter school shall require a licensed employee to complete a

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minimum of two hours of professional development training on youth suicide

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prevention every three years.

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(2)The state board shall:

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(a)develop or adopt sample materials to be used by a school district or charter school for

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professional development training on youth suicide prevention; and

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(b)by rule made in accordance with Title 63G, Chapter 3, Utah Administrative

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Rulemaking Act, incorporate the training described in Subsection (1) into

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professional development training described in Section 53E-6-201.

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Section 7, Section 63J-1-602 is amended to read:

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63J-1-602. Nonlapsing appropriations.

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(1)The appropriations from a fund or account and appropriations to a program that are

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listed in Section 63J-1-602.1 or 63J-1-602.2 are nonlapsing.

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(2)No appropriation from a fund or account or appropriation to a program may be treated

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as nonlapsing unless:

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(a)it is listed in Section 63J-1-602.1 or 63J-1-602.2;

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(b)it is designated in a condition of appropriation in the appropriations bill; or

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(c)nonlapsing authority is granted under Section 63J-1-603.

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(3)Each legislative appropriations subcommittee shall review the accounts and funds that

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have been granted nonlapsing authority under the provisions of this section or Section

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63J-1-603 .

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(4) On Except as provided in Subsection (5), on or before October 1 of each calendar year,

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an agency shall submit to the legislative appropriations subcommittee with jurisdiction

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over the agency's budget a report that describes the agency's plan to expend any

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nonlapsing appropriations, including:

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(a)if applicable, the results of the prior year's planned use of the agency's nonlapsing

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appropriations; and

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(b)if the agency plans to save all or a portion of the agency's nonlapsing appropriations

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over multiple years to pay for an anticipated expense:

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(i)the estimated cost of the expense; and

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(ii)the number of years until the agency will accumulate the amount required to pay

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for the expense.

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(5) The State Board of Education shall submit the report described in Subsections (4)(a)

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and (b) on or before October 10 of each calendar year.

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Section 8, Section 63J-1-903 is amended to read:

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63J-1-903. Performance measure and funding item reporting.

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(1)The Governor's Office of Planning and Budget and the Office of the Legislative Fiscal

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Analyst may develop an information system to collect, track, and publish agency

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performance measures.

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(2) Each Except as provided in Subsection (3), each executive department agency shall:

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(a)in consultation with the Governor's Office of Planning and Budget and the Office of

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the Legislative Fiscal Analyst, develop performance measures to include in an

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appropriations act for each fiscal year; and

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(b)on or before August 15 of each calendar year, provide to the Governor's Office of

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Planning and Budget and the Office of the Legislative Fiscal Analyst:

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(i)any recommendations for legislative changes for the next fiscal year to the

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agency's previously adopted performance measures or targets; and

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(ii)a report of the final status of the agency's performance measures included in the

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appropriations act for the fiscal year ending the previous June 30.

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(3) The State Board of Education and the Utah Board of Higher Education shall comply

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with the requirements in Subsections (2)(a) and (b) on or before November 1 of each

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calendar year.

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(3) (4) Each judicial department agency shall:

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(a)develop performance measures to include in an appropriations act for each fiscal

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year; and

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(b)annually submit to the Office of the Legislative Fiscal Analyst a report that contains:

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(i)any recommendations for legislative changes for the next fiscal year to the

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agency's previously adopted performance measures; and

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(ii)the final status of the agency's performance measures included in the

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appropriations act for the fiscal year ending the previous June 30.

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(4) (5) Within 21 days after the day on which the Legislature adjourns a legislative session

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sine die, the Governor's Office of Planning and Budget and the Office of the Legislative

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Fiscal Analyst shall:

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(a)create a list of funding items passed during the legislative session;

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(b)from the list described in Subsection (4)(a) (5)(a), identify in a sublist each funding

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item that increases state funding by $500,000 or more from state funds; and

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(c)provide the lists described in this subsection to each executive department agency.

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(5) (6) Each Except as provided in Subsection (6), each executive department agency

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shall provide to the Governor's Office of Planning and Budget and the Office of the

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Legislative Fiscal Analyst:

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(a)for each funding item on the list described in Subsection (4)(b) (5)(b), within 60

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days after the day on which the Legislature adjourns a legislative session sine die:

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(i)one or more proposed performance measures; and

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(ii)a target for each performance measure described in Subsection (5)(a)(i) (6)(a)(i);

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and

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(b)for each funding item on the list described in Subsection (4)(a) (5)(a), on or before

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August 15 of each year after the close of the fiscal year in which the funding item

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was first funded, a report that includes:

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(i)the status of each performance measure relative to the measure's target as

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described in Subsection (5)(a) (6)(a), if applicable;

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(ii)the actual amount the agency spent, if any, on the funding item; and

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(iii) (A)the month and year in which the agency implemented the program or

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project associated with the funding item; or

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(B)if the program or project associated with the funding item is not fully

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implemented, the month and year in which the agency anticipates fully

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implementing the program or project associated with the funding item.

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(7) The State Board of Education and the Utah Board of Higher Education shall comply

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with Subsection (5)(b) on or before November 1 of each calendar year.

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(6) (8) (a)After an executive department agency provides proposed performance

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measures in accordance with Subsection (5)(a) (6)(a), the Governor's Office of

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Planning and Budget and the Office of the Legislative Fiscal Analyst shall review the

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proposed performance measures and, if necessary, coordinate with the executive

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department agency to modify and finalize the performance measures.

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(b)The Governor's Office of Planning and Budget, the Office of the Legislative Fiscal

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Analyst, and the executive department agency shall finalize each proposed

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performance measure before July 1.

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(7) (9) The Governor's Office of Planning and Budget and the Office of the Legislative

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Fiscal Analyst may jointly request that an executive department agency provide the

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report required under Subsection (5)(b) (6)(b) in a different fiscal year than the fiscal

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year in which the funding item was first funded or in multiple fiscal years.

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(8) (10) The Governor's Office of Planning and Budget shall:

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(a)review at least 20% of the performance measures described in Subsection (2)

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annually; and

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(b)ensure that the Governor's Office of Planning and Budget reviews each performance

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measure described in Subsection (2) at least once every five years.

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(9) (11) The Office of the Legislative Fiscal Analyst shall review the performance

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measures described in Subsection (2) on a schedule that aligns with the appropriations

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subcommittee's applicable accountable budget process described in legislative rule.

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(10) (12) (a)The Office of the Legislative Fiscal Analyst shall report the relevant

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performance measure information described in this section to the Executive

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Appropriations Committee and the appropriations subcommittees, as appropriate.

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(b)The Governor's Office of Planning and Budget shall report the relevant performance

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measure information described in this section to the governor.

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(11) (13) Each executive department agency, when the agency's budget is subject to a

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legislative appropriations subcommittee's accountable budget process, shall:

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(a)conduct a thorough evaluation of the agency's performance measures, internal budget

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process, and budget controls; and

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(b)submit the results of the evaluation to the legislative appropriations subcommittee.

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Section 9. Effective date. This bill takes effect on May 1, 2024.