Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 213 Second Substitute (2015GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a school district or charter school that purchases educational technology to ensure that adequate on and off campus Internet filtering is in place;
• requires a school community council to fulfill certain duties related to safe technology utilization and digital citizenship;
• requires a charter school governing board, or a certain council established by a charter school governing board, to fulfill certain duties related to safe technology utilization and digital citizenship; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SAFE TECHNOLOGY UTILIZATION AND DIGITAL
CITIZENSHIP IN PUBLIC SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill amends and enacts provisions related to educational technology, school
community councils, and charter schools.
Highlighted Provisions:
This bill:
▸ requires a school district or charter school that purchases educational technology to
ensure that adequate on and off campus Internet filtering is in place;
▸ requires a school community council to fulfill certain duties related to safe
technology utilization and digital citizenship;
▸ requires a charter school governing board, or a certain council established by a
charter school governing board, to fulfill certain duties related to safe technology
utilization and digital citizenship; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-706
, as last amended by Laws of Utah 2012, Chapter 347
53A-1a-108
, as last amended by Laws of Utah 2014, Chapters 332 and 346
53A-1a-511
, as last amended by Laws of Utah 2012, Chapter 347
ENACTS:
53A-1a-524
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-706
 is amended to read:
53A-1-706.
Purchases of educational technology.
(1) (a) A school district
, charter school,
 or college of education shall comply with Title
63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as otherwise
provided in Subsection (1)(b).
(b) A school district 
or charter school
 may purchase computers from, and contract for
the repair or refurbishing of computers with, the Utah Correctional Industries without going
through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah
Procurement Code.
(2) A school district
, charter school,
 or college of education may purchase technology
through cooperative purchasing contracts administered by the state Division of Purchasing or
through its own established purchasing program.
(3) A school district or charter school that purchases technology under this section
shall ensure that adequate on and off campus Internet filtering is installed and consistently
configured to prevent viewing of harmful content by students and school personnel.
Section 2. Section 
53A-1a-108
 is amended to read:
53A-1a-108.
School community councils -- Duties -- Composition -- Election
procedures and selection of members.
(1) As used in this section:
(a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
behavior related to technology use, including digital literacy, ethics, etiquette, and security.
[
(a)
] 
(b)
 "Educator" [
has the meaning
] 
means the same as that term is
 defined in
Section 
53A-6-103
.
[
(b)
] 
(c)
 (i) "Parent or guardian member" means a member of a school community
council who is a parent or guardian of a student who:
(A) is attending the school; or
(B) will be enrolled at the school during the parent's or guardian's term of office.
(ii) "Parent or guardian member" may not include an educator who is employed at the
school.
[
(c)
] 
(d)
 "School employee member" means a member of a school community council
who is a person employed at the school by the school or school district, including the principal.
[
(d)
] 
(e)
 "School LAND Trust Program money" means money allocated to a school
pursuant to Section 
53A-16-101.5
.
(2) Each public school, in consultation with its local school board, shall establish a
school community council at the school building level for the purpose of:
(a) involving parents or guardians of students in decision making at the school level;
(b) improving the education of students;
(c) prudently expending School LAND Trust Program money for the improvement of
students' education through collaboration among parents and guardians, school employees, and
the local school board; and
(d) increasing public awareness of:
(i) school trust lands and related land policies;
(ii) management of the State School Fund established in Utah Constitution Article X,
Section V; and
(iii) educational excellence.
(3) (a) Except as provided in Subsection (3)(b), a school community council shall:
(i) create a school improvement plan in accordance with Section 
53A-1a-108.5
;
(ii) create the School LAND Trust Program in accordance with Section 
53A-16-101.5
;
(iii) assist in the creation and implementation of a professional development plan; and
(iv) advise and make recommendations to school and school district administrators and
the local school board regarding
:
(A)
 the school and its programs[
,
]
;
(B)
 school district programs[
,
]
;
(C)
 a child access routing plan in accordance with Section 
53A-3-402
[
, and
]
;
(D) safe technology utilization and digital citizenship; and
(E)
 other issues relating to the community environment for students[
.
]
;
(v) provide for education and awareness on safe technology utilization and digital
citizenship that empowers:
(A) a student to make smart media and online choices; and
(B) a parent or guardian to know how to discuss safe technology use with the parent's
or guardian's child; and
(vi) partner with the school's principal and other administrators to ensure that adequate
on and off campus Internet filtering is installed and consistently configured to prevent viewing
of harmful content by students and school personnel, in accordance with Subsection
53A-1-706
(3).
(b) To fulfill the school community council's duties described in Subsection (3)(a)(v)
and (vi), a school community council may:
(i) partner with one or more non-profit organizations; and
(ii) create a subcommittee.
[
(b)
] 
(c)
 In addition to the duties specified in Subsection (3)(a), a school community
council for an elementary school shall create a reading achievement plan in accordance with
Section 
53A-1-606.5
.
[
(c)
] 
(d)
 A school or school district administrator may not prohibit or discourage a
school community council from discussing issues, or offering advice or recommendations,
regarding the school and its programs, school district programs, the curriculum, or the
community environment for students.
(4) (a) Each school community council shall consist of school employee members and
parent or guardian members in accordance with this section.
(b) Except as provided in Subsection (4)(c) or (d):
(i) each school community council for a high school shall have six parent or guardian
members and four school employee members, including the principal; and
(ii) each school community council for a school other than a high school shall have
four parent or guardian members and two school employee members, including the principal.
(c) A school community council may determine the size of the school community
council by a majority vote of a quorum of the school community council provided that:
(i) the membership includes two or more parent or guardian members than the number
of school employee members; and
(ii) there are at least two school employee members on the school community council.
(d) (i) The number of parent or guardian members of a school community council who
are not educators employed by the school district shall exceed the number of parent or guardian
members who are educators employed by the school district.
(ii) If, after an election, the number of parent or guardian members who are not
educators employed by the school district does not exceed the number of parent or guardian
members who are educators employed by the school district, the parent or guardian members of
the school community council shall appoint one or more parent or guardian members to the
school community council so that the number of parent or guardian members who are not
educators employed by the school district exceeds the number of parent or guardian members
who are educators employed by the school district.
(5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
the principal, shall be elected by secret ballot by a majority vote of the school employees and
serve a two-year term. The principal shall serve as an ex officio member with full voting
privileges.
(b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
elected by secret ballot at an election held at the school by a majority vote of those voting at the
election and serve a two-year term.
(ii) Only parents or guardians of students attending the school may vote at the election
under Subsection (5)(b)(i).
(iii) Any parent or guardian of a student who meets the qualifications of this section
may file or declare the parent's or guardian's candidacy for election to a school community
council.
(iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
election of parent or guardian members of a school community council shall be established by
a local school board for the schools within the school district.
(B) An election for the parent or guardian members of a school community council
shall be held near the beginning of the school year or held in the spring and completed before
the last week of school.
(C) Each school shall establish a time period for the election of parent or guardian
members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
least a four-year period.
(c) (i) The principal of the school, or the principal's designee, shall provide notice of
the available community council positions to school employees, parents, and guardians at least
10 days before the date that voting commences for the elections held under Subsections (5)(a)
and (5)(b).
(ii) The notice shall include:
(A) the dates and times of the elections;
(B) a list of council positions that are up for election; and
(C) instructions for becoming a candidate for a community council position.
(iii) The principal of the school, or the principal's designee, shall oversee the elections
held under Subsections (5)(a) and (5)(b).
(iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
secure ballot box.
(d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
available to the public upon request.
(e) (i) If a parent or guardian position on a school community council remains unfilled
after an election is held, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(ii) If a school employee position on a school community council remains unfilled after
an election is held, the other school employee members of the council shall appoint a school
employee to fill the position.
(iii) A member appointed to a school community council under Subsection (5)(e)(i) or
(ii) shall serve a two-year term.
(f) (i) If the number of candidates who file for a parent or guardian position or school
employee position on a school community council is less than or equal to the number of open
positions, an election is not required.
(ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
position remains unfilled, the other parent or guardian members of the council shall appoint a
parent or guardian who meets the qualifications of this section to fill the position.
(iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
position remains unfilled, the other school employee members of the council shall appoint a
school employee who meets the qualifications of this section to fill the position.
(g) The principal shall enter the names of the council members on the School LAND
Trust website on or before October 20 of each year, pursuant to Section 
53A-1a-108.1
.
(h) Terms shall be staggered so that approximately half of the council members stand
for election each year.
(i) A school community council member may serve successive terms provided the
member continues to meet the definition of a parent or guardian member or school employee
member as specified in Subsection (1).
(j) Each school community council shall elect:
(i) a chair from its parent or guardian members; and
(ii) a vice chair from either its parent or guardian members or school employee
members, excluding the principal.
(6) (a) A school community council may create subcommittees or task forces to:
(i) advise or make recommendations to the council; or
(ii) develop all or part of a plan listed in Subsection (3).
(b) Any plan or part of a plan developed by a subcommittee or task force shall be
subject to the approval of the school community council.
(c) A school community council may appoint individuals who are not council members
to serve on a subcommittee or task force, including parents or guardians, school employees, or
other community members.
(7) (a) A majority of the members of a school community council is a quorum for the
transaction of business.
(b) The action of a majority of the members of a quorum is the action of the school
community council.
(8) A local school board shall provide training for a school community council each
year, including training:
(a) for the chair and vice chair about their responsibilities;
(b) on resources available on the School LAND Trust website; and
(c) on the following statutes governing school community councils:
(i) Section 
53A-1a-108
;
(ii) Section 
53A-1a-108.1
;
(iii) Section 
53A-1a-108.5
; and
(iv) Section 
53A-16-101.5
.
Section 3. Section 
53A-1a-511
 is amended to read:
53A-1a-511.
Waivers from state board rules -- Application of statutes and rules
to charter schools.
(1) A charter school shall operate in accordance with its charter and is subject to Title
53A, State System of Public Education, and other state laws applicable to public schools,
except as otherwise provided in this part.
(2) (a) A charter school or any other public school or school district may apply to the
State Board of Education for a waiver of any state board rule that inhibits or hinders the school
or the school district from accomplishing its mission or educational goals set out in its strategic
plan or charter.
(b) The state board may grant the waiver, unless:
(i) the waiver would cause the school district or the school to be in violation of state or
federal law; or
(ii) the waiver would threaten the health, safety, or welfare of students in the district or
at the school.
(c) If the State Board of Education denies the waiver, the reason for the denial shall be
provided in writing to the waiver applicant.
(3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
governing the following do not apply to a charter school:
(i) school libraries;
(ii) required school administrative and supervisory services; and
(iii) required expenditures for instructional supplies.
(b) A charter school shall comply with rules implementing statutes that prescribe how
state appropriations may be spent.
(4) The following provisions of Title 53A, State System of Public Education, and rules
adopted under those provisions, do not apply to a charter school:
(a) Sections 
53A-1a-108
 and 
53A-1a-108.5
, requiring the establishment of a school
community council and school improvement plan;
(b) Sections 
53A-3-413
 and 
53A-3-414
, pertaining to the use of school buildings as
civic centers;
(c) Section 
53A-3-420
, requiring the use of activity disclosure statements;
(d) Section 
53A-12-207
, requiring notification of intent to dispose of textbooks;
(e) Section 
53A-13-107
, requiring annual presentations on adoption;
(f) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
districts and local school boards; and
(g) Section 
53A-14-107
, requiring an independent evaluation of instructional materials.
(5) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school [
shall be
] 
is
 considered [
a local public
] 
an educational
 procurement unit 
as defined in
Subsection 
63G-6a-104
(7)
.
(6) Each charter school shall be subject to:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(7) (a) The State Charter School Board shall, in concert with the charter schools, study
existing state law and administrative rules for the purpose of determining from which laws and
rules charter schools should be exempt.
(b) (i) The State Charter School Board shall present recommendations for exemption to
the State Board of Education for consideration.
(ii) The State Board of Education shall consider the recommendations of the State
Charter School Board and respond within 60 days.
Section 4. Section 
53A-1a-524
 is enacted to read:
 53A-1a-524.
Safe technology utilization and digital citizenship.
A charter school governing board, or a council formed by a charter school governing
board to prepare a plan for the use of School LAND Trust Program money under Section
53A-16-101.5
:
(1) shall provide for education and awareness on safe technology utilization and digital
citizenship that empowers:
(a) a student to make smart media and online choices; and
(b) a parent or guardian to know how to discuss safe technology use with the parent's
or guardian's child;
(2) shall partner with the school's principal and other administrators to ensure that
adequate on and off campus Internet filtering is installed and consistently configured to prevent
viewing of harmful content by students and school personnel, in accordance with Subsection
53A-1-706
(3); and
(3) may partner with one or more non-profit organizations to fulfill the duties described
in Subsections (1) and (2).