Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 40 (2016GS)

Sponsor

Rep. Last, B.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals certain agency requirements for reporting to the Education Interim Committee;
• amends the way in which agencies are required to make certain reports to the Education Interim Committee; and
• amends the entities to which agencies are required to make certain reports.

Every vote on this bill

Bill text

AGENCY REPORTING REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bradley G. Last
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends agency reporting requirements relating to education.
Highlighted Provisions:
This bill:
▸ repeals certain agency requirements for reporting to the Education Interim
Committee;
▸ amends the way in which agencies are required to make certain reports to the
Education Interim Committee; and
▸ amends the entities to which agencies are required to make certain reports.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-403.5
, as last amended by Laws of Utah 2012, Chapter 23
53A-17a-124.5
, as last amended by Laws of Utah 2013, Chapter 299
53A-17a-150
, as last amended by Laws of Utah 2013, Chapter 466
53A-17a-162
, as last amended by Laws of Utah 2015, Chapter 12
53A-17a-171
, as enacted by Laws of Utah 2014, Chapter 375
53A-25b-201
, as last amended by Laws of Utah 2013, Chapter 278
53B-1-202
, as enacted by Laws of Utah 2010, Chapter 243
53B-8-108
, as last amended by Laws of Utah 2010, Chapter 270
53B-16-107
, as last amended by Laws of Utah 2014, Chapter 215
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-403.5
 is amended to read:
53A-1-403.5.
Education of persons in custody of the Utah Department of
Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
among state agencies.
(1) The State Board of Education and the Utah Department of Corrections, subject to
legislative appropriation, are responsible for the education of persons in the custody of the Utah
Department of Corrections.
(2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
and the Utah Department of Corrections shall, where feasible, contract with appropriate private
or public agencies to provide educational and related administrative services. Contracts for
postsecondary education and training shall be under Subsection (2)(b).
(b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
training shall be with a community college if the correctional facility is located within the
service region of a community college, except under Subsection (2)(b)(ii).
(ii) If the community college under Subsection (2)(b)(i) declines to provide the
education and training or cannot meet reasonable contractual terms for providing the education
and training as specified by the Utah Department of Corrections, postsecondary education and
training under Subsection (2)(a) may be procured through other appropriate private or public
agencies.
(3) (a) As its corrections education program, the State Board of Education and the Utah
Department of Corrections shall develop and implement a recidivism reduction plan, including
the following components:
(i) inmate assessment;
(ii) cognitive problem-solving skills;
(iii) basic literacy skills;
(iv) career skills;
(v) job placement;
(vi) postrelease tracking and support;
(vii) research and evaluation;
(viii) family involvement and support; and
(ix) multiagency collaboration.
(b) The plan shall be developed and implemented through the State Office of
Education and the Utah Department of Corrections in collaboration with the following entities:
(i) the State Board of Regents;
(ii) the Utah College of Applied Technology Board of Trustees;
(iii) local boards of education;
(iv) the Department of Workforce Services;
(v) the Department of Human Services;
(vi) the Board of Pardons and Parole;
(vii) the State Office of Rehabilitation; and
(viii) the Governor's Office.
(4) By July 1, 2014, and every three years thereafter, the Utah Department of
Corrections shall make a report to the [
Education Interim Committee
] 
State Board of Education
and the [
Judiciary,
] Law Enforcement[
,
] and Criminal Justice Interim Committee evaluating
the impact of corrections education programs on recidivism.
Section 2. Section 
53A-17a-124.5
 is amended to read:
53A-17a-124.5.
Appropriation for class size reduction.
(1) Money appropriated to the State Board of Education for class size reduction shall
be used to reduce the average class size in kindergarten through the eighth grade in the state's
public schools.
(2) Each district or charter school shall receive its allocation based upon prior year
average daily membership in kindergarten through grade 8 plus growth as determined under
Subsection 
53A-17a-106
(3) as compared to the total prior year average daily membership in
kindergarten through grade 8 plus growth of school districts and charter schools that qualify for
an allocation pursuant to Subsection (8).
(3) (a) A district may use its allocation to reduce class size in any one or all of the
grades referred to under this section, except as otherwise provided in Subsection (3)(b).
(b) (i) Each district or charter school shall use 50% of its allocation to reduce class size
in any one or all of grades kindergarten through grade 2, with an emphasis on improving
student reading skills.
(ii) If a district's or charter school's average class size is below 18 in grades
kindergarten through grade 2, it may petition the state board for, and the state board may grant,
a waiver to use its allocation under Subsection (3)(b)(i) for class size reduction in the other
grades.
(4) Schools may use nontraditional innovative and creative methods to reduce class
sizes with this appropriation and may use part of their allocation to focus on class size
reduction for specific groups, such as at risk students, or for specific blocks of time during the
school day.
(5) (a) A school district or charter school may use up to 20% of its allocation under
Subsection (1) for capital facilities projects if such projects would help to reduce class size.
(b) If a school district's or charter school's student population increases by 5% or 700
students from the previous school year, the school district or charter school may use up to 50%
of any allocation it receives under this section for classroom construction.
(6) This appropriation is to supplement any other appropriation made for class size
reduction.
(7) The Legislature shall provide for an annual adjustment in the appropriation
authorized under this section in proportion to the increase in the number of students in the state
in kindergarten through grade eight.
(8) (a) To qualify for class size reduction money, a school district or charter school
shall submit:
(i) a plan for the use of the school district's or charter school's allocation of class size
reduction money to the State Board of Education; and
(ii) beginning with the 2014-15 school year, a report on the school district's or charter
school's use of class size reduction money in the prior school year.
(b) The plan and report required pursuant to Subsection (8)(a) shall include the
following information:
(i) (A) the number of teachers employed using class size reduction money;
(B) the amount of class size reduction money expended for teachers; and
(C) if supplemental school district or charter school funds are expended to pay for
teachers employed using class size reduction money, the amount of the supplemental money;
(ii) (A) the number of paraprofessionals employed using class size reduction money;
(B) the amount of class size reduction money expended for paraprofessionals; and
(C) if supplemental school district or charter school funds are expended to pay for
paraprofessionals employed using class size reduction money, the amount of the supplemental
money; and
(iii) the amount of class size reduction money expended for capital facilities.
(c) In addition to submitting a plan and report on the use of class size reduction money,
a school district or charter school shall annually submit a report to the State Board of Education
that includes the following information:
(i) the number of teachers employed using K-3 Reading Improvement Program money
received pursuant to Sections 
53A-17a-150
 and 
53A-17a-151
;
(ii) the amount of K-3 Reading Improvement Program money expended for teachers;
(iii) the number of teachers employed in kindergarten through grade 8 using Title I
money;
(iv) the amount of Title I money expended for teachers in kindergarten through grade
8; and
(v) a comparison of actual average class size by grade in grades kindergarten through 8
in the school district or charter school with what the average class size would be without the
expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
(d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
(8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
teaching assignment, such as the grade level, course, or subject taught.
(e) The State Board of Education may make rules specifying procedures and standards
for the submission of:
(i) a plan and a report on the use of class size reduction money as required by this
section; and
(ii) a report required under Subsection (8)(c).
(f) Based on the data contained in the class size reduction plans and reports submitted
by school districts and charter schools, and data on average class size, the State Board of
Education shall annually report to the [
Education Interim Committee
] 
Public Education
Appropriations Subcommittee
 on the impact of class size reduction, K-3 Reading Improvement
Program, and Title I money on class size.
Section 3. Section 
53A-17a-150
 is amended to read:
53A-17a-150.
K-3 Reading Improvement Program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Five domains of reading" include phonological awareness, phonics, fluency,
comprehension, and vocabulary.
(c) "Program" means the K-3 Reading Improvement Program.
(d) "Program money" means:
(i) school district revenue allocated to the program from other money available to the
school district, except money provided by the state, for the purpose of receiving state funds
under this section; and
(ii) money appropriated by the Legislature to the program.
(2) The K-3 Reading Improvement Program consists of program money and is created
to supplement other school resources to achieve the state's goal of having third graders reading
at or above grade level.
(3) Subject to future budget constraints, the Legislature may annually appropriate
money to the K-3 Reading Improvement Program.
(4) (a) To receive program money, a school district or charter school must submit a plan
to the board for reading proficiency improvement that incorporates the following components:
(i) assessment;
(ii) intervention strategies;
(iii) professional development for classroom teachers in kindergarten through grade
three;
(iv) reading performance standards; and
(v) specific measurable goals that include the following:
(A) a growth goal for each school within a school district and each charter school
based upon student learning gains as measured by benchmark assessments administered
pursuant to Section 
53A-1-606.6
; and
(B) a growth goal for each school district and charter school to increase the percentage
of third grade students who read on grade level from year to year as measured by the third
grade reading test administered pursuant to Section 
53A-1-603
.
(b) The board shall provide model plans which a school district or charter school may
use, or the school district or charter school may develop its own plan.
(c) Plans developed by a school district or charter school shall be approved by the
board.
(d) The board shall develop uniform standards for acceptable growth goals that a
school district or charter school adopts as described in this Subsection (4).
(5) (a) There is created within the K-3 Reading Achievement Program three funding
programs:
(i) the Base Level Program;
(ii) the Guarantee Program; and
(iii) the Low Income Students Program.
(b) The board may use no more than $7,500,000 from an appropriation described in
Subsection (3) for computer-assisted instructional learning and assessment programs.
(6) Money appropriated to the board for the K-3 Reading Improvement Program and
not used by the board for computer-assisted instructional learning and assessments as described
in Subsection (5)(b), shall be allocated to the three funding programs as follows:
(a) 8% to the Base Level Program;
(b) 46% to the Guarantee Program; and
(c) 46% to the Low Income Students Program.
(7) (a) To participate in the Base Level Program, a school district or charter school
shall submit a reading proficiency improvement plan to the board as provided in Subsection (4)
and must receive approval of the plan from the board.
(b) (i) Each school district qualifying for Base Level Program funds and the qualifying
elementary charter schools combined shall receive a base amount.
(ii) The base amount for the qualifying elementary charter schools combined shall be
allocated among each school in an amount proportionate to:
(A) each existing charter school's prior year fall enrollment in grades kindergarten
through grade three; and
(B) each new charter school's estimated fall enrollment in grades kindergarten through
grade three.
(8) (a) A school district that applies for program money in excess of the Base Level
Program funds shall choose to first participate in either the Guarantee Program or the Low
Income Students Program.
(b) A school district must fully participate in either the Guarantee Program or the Low
Income Students Program before it may elect to either fully or partially participate in the other
program.
(c) To fully participate in the Guarantee Program, a school district shall allocate to the
program money available to the school district, except money provided by the state, equal to
the amount of revenue that would be generated by a tax rate of .000056.
(d) To fully participate in the Low Income Students Program, a school district shall
allocate to the program money available to the school district, except money provided by the
state, equal to the amount of revenue that would be generated by a tax rate of .000065.
(e) (i) The board shall verify that a school district allocates the money required in
accordance with Subsections (8)(c) and (d) before it distributes funds in accordance with this
section.
(ii) The State Tax Commission shall provide the board the information the board needs
in order to comply with Subsection (8)(e)(i).
(9) (a) Except as provided in Subsection (9)(c), a school district that fully participates in
the Guarantee Program shall receive state funds in an amount that is:
(i) equal to the difference between $21 times the district's total WPUs and the revenue
the school district is required to allocate under Subsection (8)(c) to fully participate in the
Guarantee Program; and
(ii) not less than $0.
(b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
under the Guarantee Program an amount equal to $21 times the school's total WPUs.
(c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and
(b) to account for actual appropriations and money used by the board for computer-assisted
instructional learning and assessments.
(10) The board shall distribute Low Income Students Program funds in an amount
proportionate to the number of students in each school district or charter school who qualify for
free or reduced price school lunch multiplied by two.
(11) A school district that partially participates in the Guarantee Program or Low
Income Students Program shall receive program funds based on the amount of school district
revenue allocated to the program as a percentage of the amount of revenue that could have been
allocated if the school district had fully participated in the program.
(12) (a) A school district or charter school shall use program money for reading
proficiency improvement interventions in grades kindergarten through grade 3 that have proven
to significantly increase the percentage of students reading at grade level, including:
(i) reading assessments; and
(ii) focused reading remediations that may include:
(A) the use of reading specialists;
(B) tutoring;
(C) before or after school programs;
(D) summer school programs; or
(E) the use of reading software; or
(F) the use of interactive computer software programs for literacy instruction and
assessments for students.
(b) A school district or charter school may use program money for portable technology
devices used to administer reading assessments.
(c) Program money may not be used to supplant funds for existing programs, but may
be used to augment existing programs.
(13) (a) Each school district and charter school shall annually submit a report to the
board accounting for the expenditure of program money in accordance with its plan for reading
proficiency improvement.
[
(b) On or before the November meeting of the Education Interim Committee of each
year, the board shall report a summary of the reading improvement program expenditures of
each school district and charter school.
]
[
(c)
] 
(b)
 If a school district or charter school uses program money in a manner that is
inconsistent with Subsection (12), the school district or charter school is liable for reimbursing
the board for the amount of program money improperly used, up to the amount of program
money received from the board.
(14) (a) The board shall make rules to implement the program.
(b) (i) The rules under Subsection (14)(a) shall require each school district or charter
school to annually report progress in meeting school and school district goals stated in the
school district's or charter school's plan for student reading proficiency.
(ii) If a school does not meet or exceed the school's goals, the school district or charter
school shall prepare a new plan which corrects deficiencies. The new plan must be approved
by the board before the school district or charter school receives an allocation for the next year.
(15) (a) If for two consecutive school years, a school district fails to meet its goal to
increase the percentage of third grade students who read on grade level as measured by the
third grade reading test administered pursuant to Section 
53A-1-603
, the school district shall
terminate any levy imposed under Section 
53A-17a-151
 and may not receive money
appropriated by the Legislature for the K-3 Reading Improvement Program.
(b) If for two consecutive school years, a charter school fails to meet its goal to
increase the percentage of third grade students who read on grade level as measured by the
third grade reading test administered pursuant to Section 
53A-1-603
, the charter school may
not receive money appropriated by the Legislature for the K-3 Reading Improvement Program.
(16) The board shall make an annual report to the Public Education Appropriations
Subcommittee that:
(a) includes information on:
(i) student learning gains in reading for the past school year and the five-year trend;
(ii) the percentage of third grade students reading on grade level in the past school year
and the five-year trend;
(iii) the progress of schools and school districts in meeting goals stated in a school
district's or charter school's plan for student reading proficiency; and
(iv) the correlation between third grade students reading on grade level and results of
third grade language arts scores on a criterion-referenced test or computer adaptive test; and
(b) may include recommendations on how to increase the percentage of third grade
students who read on grade level.
Section 4. Section 
53A-17a-162
 is amended to read:
53A-17a-162.
 Beverley Taylor Sorenson Elementary Arts Learning Program.
(1) As used in this section:
(a) "Endowed chair" means a person who holds an endowed position or administrator
of an endowed program for the purpose of arts and integrated arts instruction at an endowed
university.
(b) "Endowed university" means an institution of higher education in the state that:
(i) awards elementary education degrees in arts instruction;
(ii) has received a major philanthropic donation for the purpose of arts and integrated
arts instruction; and
(iii) has created an endowed position as a result of a donation described in Subsection
(1)(b)(ii).
(c) "Integrated arts advocate" means a person who:
(i) advocates for arts and integrated arts instruction in the state; and
(ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
chair.
(d) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2) The Legislature finds that a strategic placement of arts in elementary education can
impact the critical thinking of students in other core subject areas, including mathematics,
reading, and science.
(3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
enhance the social, emotional, academic, and arts learning of students in kindergarten through
grade six by integrating arts teaching and learning into core subject areas and providing
professional development for positions that support elementary arts and integrated arts
education.
(4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, and subject to Subsection (5), the State Board of Education shall, after
consulting with endowed chairs and the integrated arts advocate and receiving their
recommendations, administer a grant program to enable LEAs to:
(a) hire highly qualified arts specialists, art coordinators, and other positions that
support arts education and arts integration;
(b) provide up to $10,000 in one-time funds for each new school arts specialist
described under Subsection (4)(a) to purchase supplies and equipment; and
(c) engage in other activities that improve the quantity and quality of integrated arts
education.
(5) (a) An LEA that receives a grant under Subsection (4) shall provide matching funds
of no less than 20% of the grant amount, including no less than 20% of the grant amount for
actual salary and benefit costs per full-time equivalent position funded under Subsection (4)(a).
(b) An LEA may not:
(i) include administrative, facility, or capital costs to provide the matching funds
required under Subsection (5)(a); or
(ii) use funds from the Beverley Taylor Sorenson Elementary Arts Learning Program to
supplant funds for existing programs.
(6) An LEA that receives a grant under this section shall partner with an endowed chair
to provide professional development in integrated elementary arts education.
(7) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, the State Board of Education shall administer a grant program to fund
activities within arts and the integrated arts programs at an endowed university in the college
where the endowed chair resides to:
(a) provide high quality professional development in elementary integrated arts
education in accordance with the professional learning standards in Section 
53A-3-701
 to
LEAs that receive a grant under Subsection (4);
(b) design and conduct research on:
(i) elementary integrated arts education and instruction;
(ii) implementation and evaluation of the Beverley Taylor Sorenson Elementary Arts
Learning Program; and
(iii) effectiveness of the professional development under Subsection (7)(a); and
(c) provide the public with integrated elementary arts education resources.
(8) The State Board of Education shall[
: (a)
] make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to administer the Beverley Taylor Sorenson
Elementary Arts Learning Program[
; and
]
.
[
(b) after consultation with endowed chairs and the integrated arts advocate, submit an
annual written report to the Education Interim Committee describing the program's impact on
students in kindergarten through grade six.
]
Section 5. Section 
53A-17a-171
 is amended to read:
53A-17a-171.
 Intergenerational Poverty Interventions Grant Program --
Definitions -- Grant requirements -- Reporting requirements.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Eligible student" means a student who is classified as a child affected by
intergenerational poverty.
(c) "Intergenerational poverty" has the same meaning as in Section 
35A-9-102
.
(d) "Local Education Agency" or "LEA" means a school district or charter school.
(e) "Program" means the Intergenerational Poverty Interventions Grant Program
created in Subsection (2).
(2) The Intergenerational Poverty Interventions Grant Program is created to provide
grants to eligible LEAs to fund additional educational opportunities for eligible students,
outside of the regular school day offerings.
(3) Subject to future budget constraints, the board shall distribute to LEAs money
appropriated for the program in accordance with this section.
(4) The board shall:
(a) solicit proposals from LEAs to receive money under the program; and
(b) award grants to LEAs based on criteria described in Subsection (5).
(5) In awarding a grant under Subsection (4), the board shall consider:
(a) the percentage of an LEA's students that are classified as children affected by
intergenerational poverty;
(b) the level of administrative support and leadership at an eligible LEA to effectively
implement, monitor, and evaluate the program; and
(c) an LEA's commitment and ability to work with the Department of Workforce
Services, the Department of Health, the Department of Human Services, and the juvenile courts
to provide services to the LEA's eligible students.
(6) To receive a grant under the program, an LEA shall submit a proposal to the board
detailing:
(a) the LEA's strategy to implement the program, including the LEA's strategy to
improve the academic achievement of children affected by intergenerational poverty;
(b) the LEA's strategy for coordinating with and engaging the Department of
Workforce Services to provide services for the LEA's eligible students;
(c) the number of students the LEA plans to serve, categorized by age and
intergenerational poverty status;
(d) the number of students, eligible students, and schools the LEA plans to fund with
the grant money; and
(e) the estimated cost per student.
(7) (a) The board shall annually report to [
the Legislature's Education Interim
Committee and
] the Utah Intergenerational Welfare Reform Commission, created in Section
35A-9-301
, by November 30 of each year
, on
:
(i) the progress of LEA programs using grant money;
(ii) the progress of LEA programs in improving the academic achievement of children
affected by intergenerational poverty; and
(iii) the LEA's coordination efforts with the Department of Workforce Services, the
Department of Health, the Department of Human Services, and the juvenile courts.
(b) The board shall provide the report described in Subsection (7)(a) to the Education
Interim Committee upon request.
[
(b)
] 
(c)
 LEAs that receive grant money pursuant to this section shall provide to the
board information that is necessary for the board's report [
to the Legislature's Education Interim
Committee and the Utah Intergenerational Welfare Reform Commission as required
] 
described
in Subsection (7)(a).
Section 6. Section 
53A-25b-201
 is amended to read:
53A-25b-201.
Authority of the State Board of Education -- Rulemaking --
Superintendent -- Advisory Council.
(1) The State Board of Education is the governing board of the Utah Schools for the
Deaf and the Blind.
(2) (a) The board shall appoint a superintendent for the Utah Schools for the Deaf and
the Blind.
(b) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties
of the superintendent for the Utah Schools for the Deaf and the Blind.
(3) The superintendent shall:
(a) subject to the approval of the board, appoint an associate superintendent to
administer the Utah School for the Deaf based on:
(i) demonstrated competency as an expert educator of deaf persons; and
(ii) knowledge of school management and the instruction of deaf persons;
(b) subject to the approval of the board, appoint an associate superintendent to
administer the Utah School for the Blind based on:
(i) demonstrated competency as an expert educator of blind persons; and
(ii) knowledge of school management and the instruction of blind persons, including an
understanding of the unique needs and education of deafblind persons.
(4) (a) The board shall:
(i) establish an Advisory Council for the Utah Schools for the Deaf and the Blind and
appoint no more than 11 members to the advisory council;
(ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, regarding the operation of the advisory council; and
(iii) receive and consider the advice and recommendations of the advisory council but
is not obligated to follow the recommendations of the advisory council.
(b) The advisory council described in Subsection (4)(a) shall include at least:
(i) two members who are blind;
(ii) two members who are deaf; and
(iii) two members who are deafblind or parents of a deafblind child.
(5) The board shall approve the annual budget and expenditures of the Utah Schools
for the Deaf and the Blind.
(6) (a) On or before the November interim meeting each year, the board shall report to
the Education Interim Committee on the Utah Schools for the Deaf and the Blind.
(b) The [
report shall be presented verbally and in written form to the Education Interim
Committee and shall include
] 
board shall ensure that the report described in Subsection (6)(a)
includes
:
(i) a financial report;
(ii) a report on the activities of the superintendent and associate superintendents;
(iii) a report on activities to involve parents and constituency and advocacy groups in
the governance of the school; and
(iv) a report on student achievement
,
 including:
(A) [
student academic achievement data, including
] longitudinal 
student achievement
data for both current and previous students served by the Utah Schools for the Deaf and the
Blind;
(B) graduation rates; and
(C) [
students exiting the Utah Schools for the Deaf and the Blind and their
] 
a
description of the
 educational placement [
after
] 
of students
 exiting the Utah Schools for the
Deaf and the Blind.
Section 7. Section 
53B-1-202
 is amended to read:
53B-1-202.
Disclosure of foreign gifts to higher education institutions.
(1) (a) Except as provided in Subsection (1)(c), on or before July 31 of each year, a
higher education institution shall disclose to the board, by filing a disclosure report described in
Subsection (2), a gift received by the higher education institution of $50,000 or more from a
foreign person, considered alone or in combination with all other gifts from the foreign person,
during the period beginning July 1 and ending on June 30 immediately preceding the July 31
deadline.
(b) A higher education institution may rely on the following address of a foreign person
to determine the citizenship or nationality of the foreign person if the citizenship or nationality
is unknown:
(i) for a foreign person that is an individual, the principal residence; and
(ii) for a foreign person that is not an individual, the principal place of business.
(c) The $50,000 amount described in Subsection (1)(a) is increased to $250,000 if the
gift, considered alone or in combination with all other gifts, described in Subsection (1)(a) is
from a foreign person:
(i) with a principal residence or principal place of business located in the United States;
and
(ii) with a permanent resident status:
(A) under Section 245 of the Immigration and Nationality Act; and
(B) for 10 years or more.
(2) A disclosure report regarding all gifts described in Subsection (1) shall include:
(a) the amount of each gift described in Subsection (1);
(b) the date on which each gift described in Subsection (1) was received by the higher
education institution;
(c) the name of the foreign person making each gift described in Subsection (1);
(d) the aggregate amount of all gifts described in Subsection (1) from a foreign person
during the prior fiscal year of the higher education institution;
(e) for a conditional gift, a description of the conditions or restrictions related to the
conditional gift;
(f) for a conditional gift:
(i) for a foreign person that is an individual, if known, the country of citizenship or
principal residence of the individual; or
(ii) for a foreign person that is not an individual, if known, the country of incorporation
or place of business of the foreign person; and
(g) for a conditional gift that is a contract entered into between a higher education
institution and a foreign person:
(i) the amount;
(ii) the date;
(iii) a description of all conditions or restrictions; and
(iv) the name of the foreign person.
(3) A disclosure report required by this section is a public record open to inspection
and review during the higher education institution's business hours.
(4) At the request of the board, the attorney general may file a civil action to compel a
higher education institution to comply with the requirements of this section.
[
(5) On or before the November interim meeting of each year, the board shall report to
the Education Interim Committee and provide a summary of all gifts described in Subsection
(1) received by higher education institutions during the prior fiscal year.
]
[
(6)
] 
(5)
 The board shall make rules for the administration of this section in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 8. Section 
53B-8-108
 is amended to read:
53B-8-108.
Regents' Scholarship Program -- General provisions -- Board policies.
(1) The Regents' Scholarship Program is created to award merit scholarships to
students who complete a rigorous core course of study in high school.
(2) (a) A student who is awarded the Base Regents' scholarship established in Section
53B-8-109
 may also be awarded each of the supplemental awards established in Sections
53B-8-110
 and 
53B-8-111
.
(b) A student may not receive both a Regents' scholarship and a New Century
scholarship established in Section 
53B-8-105
.
(3) A Regents' scholarship may only be used at a:
(a) credit-granting higher education institution within the state system of higher
education; or
(b) private, nonprofit college or university in the state that is accredited by the
Northwest Association of Schools and Colleges.
(4) (a) A scholarship holder shall enroll full-time at a higher education institution
described in Subsection (3) by no later than the fall term immediately following the student's
high school graduation date or receive an approved deferral from the board.
(b) The board may grant a deferral or leave of absence to a scholarship holder, but the
student may only receive scholarship money within five years of the student's high school
graduation date.
(5) (a) The board shall annually report on the Regents' Scholarship Program at the
beginning of each school year to [
the Education Interim Committee and
] the Higher Education
Appropriations Subcommittee.
(b) The [
report shall include
] 
board shall ensure that the report includes
 the number of
students in each school district and public high school who meet the academic criteria for the
Base Regents' scholarship and for the Exemplary Academic Achievement Scholarship.
(c) The State Board of Education, school districts, and public high schools shall
cooperate with the board to facilitate the collection and distribution of Regents' Scholarship
Program data.
(6) The State Board of Education shall annually provide the board a complete list of
directory information, including student name and address, for all grade 8 students in the state.
(7) The board shall adopt policies establishing:
(a) the high school and college course requirements described in Subsection
53B-8-109
(1)(d)(i);
(b) the additional weights assigned to grades earned in certain courses described in
Subsections 
53B-8-109
(4) and 
53B-8-111
(7);
(c) the regional accrediting bodies that may accredit a private high school described in
Subsection 
53B-8-109
(1)(a)(ii);
(d) (i) the application process and an appeal process for a Regents' scholarship,
including procedures to allow a student to apply for the scholarship on-line; and
(ii) a disclosure on all applications and related materials that the amount of the awards
is subject to funding and may be reduced, in accordance with Subsection (8)(b); and
(e) how college credits correlate to high school units for purposes of Subsection
53B-8-109
(1)(d)(i).
(8) (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the Education Fund to the board for the costs associated with the Regents'
Scholarship Program authorized under this section and Sections 
53B-8-109
, 
53B-8-110
, and
53B-8-111
.
(b) Notwithstanding the provisions of this section and Sections 
53B-8-109
, 
53B-8-110
,
and 
53B-8-111
, if the appropriation under Subsection (8)(a) is insufficient to cover the costs
associated with the Regents' Scholarship Program, the board may reduce the amount of the
Base Regents' scholarships and supplemental awards.
(9) The board may set deadlines for receiving Regents' scholarship applications and
supporting documentation.
Section 9. Section 
53B-16-107
 is amended to read:
53B-16-107.
Credit for military service and training -- Notification --
Transferability -- Reporting.
(1) As used in this section, "credit" includes proof of equivalent noncredit course
completion awarded by the Utah College of Applied Technology.
(2) An institution of higher education listed in Section 
53B-2-101
 shall provide written
notification to each student applying for admission that the student is required to meet with a
college counselor in order to receive credit for military service and training as recommended by
a postsecondary accreditation agency or association designated by the State Board of Regents
or the Utah College of Applied Technology Board of Trustees if:
(a) credit for military service and training is requested by the student; and
(b) the student has met with an advisor at an institution of higher education listed in
Section 
53B-2-101
 at which the student intends to enroll to discuss applicability of credit to
program requirements, possible financial aid implications, and other factors that may impact
attainment of the student's educational goals.
(3) Upon transfer within the state system of higher education, a student may present a
transcript to the receiving institution for evaluation and to determine the applicability of credit
to the student's program of study, and the receiving institution shall evaluate the credit to be
transferred pursuant to Subsection (2).
(4) The State Board of Regents and the Utah College of Applied Technology Board of
Trustees shall annually report the number of credits awarded under this section by each
institution of higher education to [
the Education Interim Committee and
] the Utah Department
of Veterans' Affairs.