Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 11 (2018GS)

Sponsor

Sen. Millner, A.

Final action

Governor Signed 1/24/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reorganizes and renumbers certain provisions of the public education code related to local administration of the public education system;
• defines terms;
• enacts provisions related to public education for organizational purposes;
• reenacts provisions related to public education for organizational purposes;
• repeals provisions related to public education for organizational purposes; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC EDUCATION RECODIFICATION - LOCAL
ADMINISTRATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: 
Val L. Peterson
LONG TITLE
General Description:
This bill reorganizes and renumbers certain provisions of the public education code
related to local administration of the public education system. 
Highlighted Provisions:
This bill:
▸ reorganizes and renumbers certain provisions of the public education code related to
local administration of the public education system;
▸ defines terms;
▸ enacts provisions related to public education for organizational purposes;
▸ reenacts provisions related to public education for organizational purposes;
▸ repeals provisions related to public education for organizational purposes; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date. 
This bill provides revisor instructions.
Utah Code Sections Affected:
ENACTS:
53B-1-115
, Utah Code Annotated 1953
53G-1-101
, Utah Code Annotated 1953
53G-1-102
, Utah Code Annotated 1953
53G-1-103
, Utah Code Annotated 1953
53G-2-101
, Utah Code Annotated 1953
53G-2-102
, Utah Code Annotated 1953
53G-3-101
, Utah Code Annotated 1953
53G-4-101
, Utah Code Annotated 1953
53G-4-102
, Utah Code Annotated 1953
53G-4-501
, Utah Code Annotated 1953
53G-4-601
, Utah Code Annotated 1953
53G-4-701
, Utah Code Annotated 1953
53G-4-1001
, Utah Code Annotated 1953
53G-5-101
, Utah Code Annotated 1953
53G-5-103
, Utah Code Annotated 1953
53G-5-411
, Utah Code Annotated 1953
53G-5-412
, Utah Code Annotated 1953
53G-5-413
, Utah Code Annotated 1953
53G-6-101
, Utah Code Annotated 1953
53G-6-102
, Utah Code Annotated 1953
53G-6-301
, Utah Code Annotated 1953
53G-6-501
, Utah Code Annotated 1953
53G-6-701
, Utah Code Annotated 1953
53G-7-101
, Utah Code Annotated 1953
53G-7-102
, Utah Code Annotated 1953
53G-7-201
, Utah Code Annotated 1953
53G-7-202
, Utah Code Annotated 1953
53G-7-301
, Utah Code Annotated 1953
53G-7-501
, Utah Code Annotated 1953
53G-7-1001
, Utah Code Annotated 1953
53G-7-1201
, Utah Code Annotated 1953
53G-8-101
, Utah Code Annotated 1953
53G-8-102
, Utah Code Annotated 1953
53G-8-201
, Utah Code Annotated 1953
53G-8-401
, Utah Code Annotated 1953
53G-8-601
, Utah Code Annotated 1953
53G-9-101
, Utah Code Annotated 1953
53G-9-102
, Utah Code Annotated 1953
53G-9-201
, Utah Code Annotated 1953
53G-9-401
, Utah Code Annotated 1953
53G-9-501
, Utah Code Annotated 1953
53G-9-701
, Utah Code Annotated 1953
53G-10-101
, Utah Code Annotated 1953
53G-10-102
, Utah Code Annotated 1953
53G-10-201
, Utah Code Annotated 1953
53G-10-301
, Utah Code Annotated 1953
53G-10-305
, Utah Code Annotated 1953
53G-10-401
, Utah Code Annotated 1953
53G-10-403
, Utah Code Annotated 1953
53G-10-501
, Utah Code Annotated 1953
53G-11-101
, Utah Code Annotated 1953
53G-11-102
, Utah Code Annotated 1953
53G-11-201
, Utah Code Annotated 1953
53G-11-301
, Utah Code Annotated 1953
53G-11-502
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
11-36a-206
, (Renumbered from 53A-20-100.5, as enacted by Laws of Utah 1995,
Chapter 283)
53G-3-102
, (Renumbered from 53A-2-112, as enacted by Laws of Utah 1988, Chapter
49)
53G-3-103
, (Renumbered from 53A-2-111, as enacted by Laws of Utah 1988, Chapter
49)
53G-3-201
, (Renumbered from 53A-2-101, as enacted by Laws of Utah 1988, Chapter
2)
53G-3-202
, (Renumbered from 53A-2-108, as last amended by Laws of Utah 2000,
Chapter 185)
53G-3-203
, (Renumbered from 53A-2-101.5, as last amended by Laws of Utah 2009,
Chapter 350)
53G-3-204
, (Renumbered from 53A-2-123, as last amended by Laws of Utah 2013,
Chapter 445)
53G-3-205
, (Renumbered from 53A-2-116, as enacted by Laws of Utah 1988, Chapter
49)
53G-3-301
, (Renumbered from 53A-2-118, as last amended by Laws of Utah 2017,
Chapter 91)
53G-3-302
, (Renumbered from 53A-2-118.1, as last amended by Laws of Utah 2017,
Chapter 91)
53G-3-303
, (Renumbered from 53A-2-118.2, as last amended by Laws of Utah 2011,
Chapter 371)
53G-3-304
, (Renumbered from 53A-2-118.4, as last amended by Laws of Utah 2015,
Chapter 428)
53G-3-305
, (Renumbered from 53A-2-119, as last amended by Laws of Utah 2010,
Chapter 230)
53G-3-306
, (Renumbered from 53A-2-120, as last amended by Laws of Utah 2011,
Chapter 295)
53G-3-307
, (Renumbered from 53A-2-121, as last amended by Laws of Utah 2011,
Chapter 295)
53G-3-308
, (Renumbered from 53A-2-122, as last amended by Laws of Utah 2006,
Chapter 183)
53G-3-401
, (Renumbered from 53A-2-102, as last amended by Laws of Utah 1993,
Chapter 227)
53G-3-402
, (Renumbered from 53A-2-103, as last amended by Laws of Utah 2008,
Chapter 236)
53G-3-403
, (Renumbered from 53A-2-113, as last amended by Laws of Utah 1993,
Chapter 4)
53G-3-404
, (Renumbered from 53A-2-114, as last amended by Laws of Utah 2011,
Chapter 371)
53G-3-501
, (Renumbered from 53A-2-104, as last amended by Laws of Utah 2007,
Chapter 215)
53G-3-502
, (Renumbered from 53A-2-105, as last amended by Laws of Utah 2007,
Chapter 215)
53G-3-503
, (Renumbered from 53A-2-115, as last amended by Laws of Utah 2011,
Chapter 371)
53G-4-201
, (Renumbered from 53A-3-101, as repealed and reenacted by Laws of Utah
1995, Chapter 1)
53G-4-202
, (Renumbered from 53A-3-106, as last amended by Laws of Utah 2015,
Chapters 60 and 196)
53G-4-203
, (Renumbered from 53A-3-201, as last amended by Laws of Utah 2005,
Chapter 172)
53G-4-204
, (Renumbered from 53A-3-202, as last amended by Laws of Utah 2010,
Chapter 90)
53G-4-205
, (Renumbered from 53A-3-204, as last amended by Laws of Utah 2011,
Chapter 366)
53G-4-301
, (Renumbered from 53A-3-301, as last amended by Laws of Utah 2011,
Chapters 209 and 322)
53G-4-302
, (Renumbered from 53A-3-302, as last amended by Laws of Utah 2012,
Chapter 46)
53G-4-303
, (Renumbered from 53A-3-303, as last amended by Laws of Utah 2008,
Chapter 382)
53G-4-304
, (Renumbered from 53A-3-304, as last amended by Laws of Utah 2011,
Chapter 336)
53G-4-401
, (Renumbered from 53A-3-401, as last amended by Laws of Utah 2014,
Chapter 336)
53G-4-402
, (Renumbered from 53A-3-402, as last amended by Laws of Utah 2017,
Chapters 278 and 330)
53G-4-403
, (Renumbered from 53A-3-403, as last amended by Laws of Utah 2017,
Chapter 372)
53G-4-404
, (Renumbered from 53A-3-404, as last amended by Laws of Utah 2004,
Chapter 206)
53G-4-405
, (Renumbered from 53A-3-405, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-406
, (Renumbered from 53A-3-406, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-407
, (Renumbered from 53A-3-408, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-408
, (Renumbered from 53A-3-412, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-409
, (Renumbered from 53A-3-420, as last amended by Laws of Utah 2010,
Chapter 305)
53G-4-410
, (Renumbered from 53A-3-429, as last amended by Laws of Utah 2014,
Chapter 63)
53G-4-411
, (Renumbered from 53A-3-432, as enacted by Laws of Utah 2015, Chapter
300 and last amended by Coordination Clause, Laws of Utah 2015, Chapter 300)
53G-4-502
, (Renumbered from 53A-5-101, as last amended by Laws of Utah 1990,
Chapter 78)
53G-4-503
, (Renumbered from 53A-5-102, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-504
, (Renumbered from 53A-5-103, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-602
, (Renumbered from 53A-18-101, as last amended by Laws of Utah 2005,
Chapter 105)
53G-4-603
, (Renumbered from 53A-18-102, as last amended by Laws of Utah 2014,
Chapter 325)
53G-4-604
, (Renumbered from 53A-18-103, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-605
, (Renumbered from 53A-18-104, as last amended by Laws of Utah 2009,
Chapter 388)
53G-4-606
, (Renumbered from 53A-18-105, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-607
, (Renumbered from 53A-18-106, as last amended by Laws of Utah 1993,
Chapter 227)
53G-4-608
, (Renumbered from 53A-18-107, as enacted by Laws of Utah 2013, Chapter
356)
53G-4-702
, (Renumbered from 53A-23-101, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-703
, (Renumbered from 53A-23-102, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-704
, (Renumbered from 53A-23-103, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-705
, (Renumbered from 53A-23-104, as enacted by Laws of Utah 1988, Chapter
2)
53G-4-801
, (Renumbered from 53A-28-102, as enacted by Laws of Utah 1996, Chapter
62)
53G-4-802
, (Renumbered from 53A-28-201, as enacted by Laws of Utah 1996, Chapter
62)
53G-4-803
, (Renumbered from 53A-28-202, as enacted by Laws of Utah 1996, Chapter
62)
53G-4-804
, (Renumbered from 53A-28-203, as last amended by Laws of Utah 2003,
Chapter 221)
53G-4-805
, (Renumbered from 53A-28-301, as last amended by Laws of Utah 2011,
Chapter 342)
53G-4-806
, (Renumbered from 53A-28-302, as last amended by Laws of Utah 2011,
Chapter 342)
53G-4-807
, (Renumbered from 53A-28-401, as last amended by Laws of Utah 2011,
Chapter 342)
53G-4-808
, (Renumbered from 53A-28-402, as last amended by Laws of Utah 2011,
Chapter 342)
53G-4-901
, (Renumbered from 53A-2-402, as last amended by Laws of Utah 2015,
Chapter 352)
53G-4-902
, (Renumbered from 53A-2-403, as last amended by Laws of Utah 2012,
Chapter 104)
53G-4-903
, (Renumbered from 53A-2-404, as enacted by Laws of Utah 2006, Chapter
339)
53G-4-1001.5
, (Renumbered from 53A-22-101, as enacted by Laws of Utah 1988,
Chapter 2)
53G-4-1002
, (Renumbered from 53A-22-102, as enacted by Laws of Utah 1988,
Chapter 2)
53G-4-1003
, (Renumbered from 53A-22-103, as enacted by Laws of Utah 1988,
Chapter 2)
53G-4-1004
, (Renumbered from 53A-22-104, as enacted by Laws of Utah 1988,
Chapter 2)
53G-4-1005
, (Renumbered from 53A-22-105, as enacted by Laws of Utah 1988,
Chapter 2)
53G-4-1006
, (Renumbered from 53A-22-106, as enacted by Laws of Utah 1988,
Chapter 2)
53G-5-102
, (Renumbered from 53A-1a-501.3, as last amended by Laws of Utah 2017,
Chapter 382)
53G-5-104
, (Renumbered from 53A-1a-503, as last amended by Laws of Utah 2008,
Chapter 319)
53G-5-201
, (Renumbered from 53A-1a-501.5, as last amended by Laws of Utah 2011,
Chapter 429)
53G-5-202
, (Renumbered from 53A-1a-501.6, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-203
, (Renumbered from 53A-1a-501.7, as last amended by Laws of Utah 2016,
Chapters 144 and 271)
53G-5-204
, (Renumbered from 53A-1a-507.1, as enacted by Laws of Utah 2005,
Chapter 74)
53G-5-301
, (Renumbered from 53A-1a-501.9, as enacted by Laws of Utah 2013,
Chapter 376)
53G-5-302
, (Renumbered from 53A-1a-504, as last amended by Laws of Utah 2017,
Chapters 325 and 378)
53G-5-303
, (Renumbered from 53A-1a-508, as last amended by Laws of Utah 2017,
Chapter 212)
53G-5-304
, (Renumbered from 53A-1a-505, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-305
, (Renumbered from 53A-1a-515, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-306
, (Renumbered from 53A-1a-521, as last amended by Laws of Utah 2017,
Chapter 382)
53G-5-401
, (Renumbered from 53A-1a-503.5, as last amended by Laws of Utah 2016,
Chapter 232)
53G-5-402
, (Renumbered from 53A-1a-523, as enacted by Laws of Utah 2011, Chapter
436)
53G-5-403
, (Renumbered from 53A-1a-517, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-404
, (Renumbered from 53A-1a-507, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-405
, (Renumbered from 53A-1a-511, as last amended by Laws of Utah 2016,
Chapters 355 and 363)
53G-5-406
, (Renumbered from 53A-1a-520, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-407
, (Renumbered from 53A-1a-512, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-408
, (Renumbered from 53A-1a-512.5, as last amended by Laws of Utah 2015,
Chapter 389)
53G-5-409
, (Renumbered from 53A-1a-518, as last amended by Laws of Utah 2010,
Chapter 162)
53G-5-410
, (Renumbered from 53A-1a-524, as last amended by Laws of Utah 2016,
Chapter 220)
53G-5-501
, (Renumbered from 53A-1a-509, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-502
, (Renumbered from 53A-1a-509.5, as last amended by Laws of Utah 2016,
Chapter 363)
53G-5-503
, (Renumbered from 53A-1a-510, as last amended by Laws of Utah 2017,
Chapter 378)
53G-5-504
, (Renumbered from 53A-1a-510.5, as last amended by Laws of Utah 2016,
Chapter 213)
53G-5-505
, (Renumbered from 53A-1a-514, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-601
, (Renumbered from 53A-20b-102, as last amended by Laws of Utah 2012,
Chapter 201)
53G-5-602
, (Renumbered from 53A-20b-103, as last amended by Laws of Utah 2012,
Chapter 201)
53G-5-603
, (Renumbered from 53A-20b-104, as last amended by Laws of Utah 2012,
Chapter 201)
53G-5-604
, (Renumbered from 53A-20b-105, as last amended by Laws of Utah 2012,
Chapter 201)
53G-5-605
, (Renumbered from 53A-20b-106, as enacted by Laws of Utah 2007,
Chapter 167)
53G-5-606
, (Renumbered from 53A-20b-201, as last amended by Laws of Utah 2014,
Chapter 363)
53G-5-607
, (Renumbered from 53A-20b-202, as enacted by Laws of Utah 2012,
Chapter 201)
53G-5-608
, (Renumbered from 53A-20b-203, as enacted by Laws of Utah 2012,
Chapter 201)
53G-5-609
, (Renumbered from 53A-20b-204, as enacted by Laws of Utah 2012,
Chapter 201)
53G-6-201
, (Renumbered from 53A-11-101, as last amended by Laws of Utah 2007,
Chapter 81)
53G-6-202
, (Renumbered from 53A-11-101.5, as last amended by Laws of Utah 2012,
Chapter 203)
53G-6-203
, (Renumbered from 53A-11-101.7, as last amended by Laws of Utah 2017,
Chapter 330)
53G-6-204
, (Renumbered from 53A-11-102, as last amended by Laws of Utah 2014,
Chapter 374)
53G-6-205
, (Renumbered from 53A-11-101.3, as enacted by Laws of Utah 2007,
Chapter 81)
53G-6-206
, (Renumbered from 53A-11-103, as last amended by Laws of Utah 2017,
Chapter 330)
53G-6-207
, (Renumbered from 53A-11-104, as last amended by Laws of Utah 2007,
Chapter 81)
53G-6-208
, (Renumbered from 53A-11-105, as last amended by Laws of Utah 2017,
Chapter 330)
53G-6-209
, (Renumbered from 53A-11-106, as last amended by Laws of Utah 2007,
Chapter 81)
53G-6-302
, (Renumbered from 53A-2-201, as last amended by Laws of Utah 2017,
Chapter 175)
53G-6-303
, (Renumbered from 53A-2-202, as last amended by Laws of Utah 1998,
Chapter 263)
53G-6-304
, (Renumbered from 53A-2-203.5, as enacted by Laws of Utah 1998,
Chapter 124)
53G-6-305
, (Renumbered from 53A-2-204, as last amended by Laws of Utah 2017,
Chapter 316)
53G-6-306
, (Renumbered from 53A-2-205, as enacted by Laws of Utah 1988, Chapter
2)
53G-6-401
, (Renumbered from 53A-2-206.5, as last amended by Laws of Utah 2012,
Chapter 67)
53G-6-402
, (Renumbered from 53A-2-207, as last amended by Laws of Utah 2012,
Chapter 67)
53G-6-403
, (Renumbered from 53A-2-208, as last amended by Laws of Utah 2008,
Chapter 346)
53G-6-404
, (Renumbered from 53A-2-209, as repealed and reenacted by Laws of Utah
1993, Chapter 119)
53G-6-405
, (Renumbered from 53A-2-210, as last amended by Laws of Utah 2008,
Chapter 346)
53G-6-406
, (Renumbered from 53A-2-211, as last amended by Laws of Utah 1993,
Chapter 119)
53G-6-407
, (Renumbered from 53A-2-213, as last amended by Laws of Utah 2008,
Chapter 346)
53G-6-502
, (Renumbered from 53A-1a-506, as last amended by Laws of Utah 2017,
Chapters 87 and 212)
53G-6-503
, (Renumbered from 53A-1a-506.5, as last amended by Laws of Utah 2014,
Chapter 363)
53G-6-504
, (Renumbered from 53A-1a-502.5, as last amended by Laws of Utah 2016,
Chapter 213)
53G-6-601
, (Renumbered from 53A-11-501, as last amended by Laws of Utah 1998,
Chapter 263)
53G-6-602
, (Renumbered from 53A-11-502, as last amended by Laws of Utah 1998,
Chapter 263)
53G-6-603
, (Renumbered from 53A-11-503, as last amended by Laws of Utah 1993,
Chapter 234)
53G-6-604
, (Renumbered from 53A-11-504, as last amended by Laws of Utah 2017,
Chapter 278)
53G-6-702
, (Renumbered from 53A-11-102.5, as last amended by Laws of Utah 2010,
Chapter 210)
53G-6-703
, (Renumbered from 53A-11-102.6, as last amended by Laws of Utah 2011,
Chapter 340)
53G-6-704
, (Renumbered from 53A-1a-519, as last amended by Laws of Utah 2011,
Chapter 433)
53G-6-705
, (Renumbered from 53A-2-214, as last amended by Laws of Utah 2017,
Chapter 173)
53G-6-706
, (Renumbered from 53A-11-102.7, as enacted by Laws of Utah 2014,
Chapter 374)
53G-6-707
, (Renumbered from 53A-2-206, as last amended by Laws of Utah 2012,
Chapter 398)
53G-6-708
, (Renumbered from 53A-17a-114, as last amended by Laws of Utah 2017,
Chapter 382)
53G-6-801
, (Renumbered from 53A-15-1401, as last amended by Laws of Utah 2015,
Chapter 444)
53G-6-802
, (Renumbered from 53A-15-1402, as last amended by Laws of Utah 2015,
Chapter 444)
53G-6-803
, (Renumbered from 53A-15-1403, as last amended by Laws of Utah 2015,
Chapter 444)
53G-7-203
, (Renumbered from 53A-3-402.7, as enacted by Laws of Utah 1993,
Chapter 122)
53G-7-204
, (Renumbered from 53A-3-402.1, as enacted by Laws of Utah 1999,
Chapter 268)
53G-7-205
, (Renumbered from 53A-3-402.9, as last amended by Laws of Utah 2016,
Chapter 144)
53G-7-206
, (Renumbered from 53A-13-108.5, as last amended by Laws of Utah 2015,
Chapter 415)
53G-7-207
, (Renumbered from 53A-11-901.5, as renumbered and amended by Laws of
Utah 1997, Chapter 10)
53G-7-208
, (Renumbered from 53A-3-409, as last amended by Laws of Utah 2015,
Chapter 286)
53G-7-209
, (Renumbered from 53A-3-413, as last amended by Laws of Utah 2015,
Chapters 232 and 342)
53G-7-210
, (Renumbered from 53A-3-414, as last amended by Laws of Utah 2015,
Chapter 232)
53G-7-211
, (Renumbered from 53A-3-407, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-212
, (Renumbered from 53A-3-402.5, as repealed and reenacted by Laws of
Utah 1993, Chapter 1)
53G-7-213
, (Renumbered from 53A-3-417, as last amended by Laws of Utah 2004,
Chapter 171)
53G-7-214
, (Renumbered from 53A-3-427, as last amended by Laws of Utah 2013,
Chapter 214)
53G-7-215
, (Renumbered from 53A-1-409, as last amended by Laws of Utah 2016,
Chapter 347)
53G-7-216
, (Renumbered from 53A-1-706, as last amended by Laws of Utah 2016,
Chapter 220)
53G-7-302
, (Renumbered from 53A-19-101, as last amended by Laws of Utah 2016,
Chapter 363)
53G-7-303
, (Renumbered from 53A-19-102, as last amended by Laws of Utah 2016,
Chapter 363)
53G-7-304
, (Renumbered from 53A-19-103, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-305
, (Renumbered from 53A-19-104, as last amended by Laws of Utah 2016,
Chapter 363)
53G-7-306
, (Renumbered from 53A-19-105, as last amended by Laws of Utah 2016,
Chapters 350 and 367)
53G-7-307
, (Renumbered from 53A-19-106, as last amended by Laws of Utah 2016,
Chapter 363)
53G-7-308
, (Renumbered from 53A-19-107, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-309
, (Renumbered from 53A-19-108, as last amended by Laws of Utah 2016,
Chapter 363)
53G-7-401
, (Renumbered from 53A-30-102, as enacted by Laws of Utah 2014, Chapter
433)
53G-7-402
, (Renumbered from 53A-30-103, as enacted by Laws of Utah 2014, Chapter
433)
53G-7-502
, (Renumbered from 53A-12-101, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-503
, (Renumbered from 53A-12-102, as last amended by Laws of Utah 2015,
Chapter 258)
53G-7-504
, (Renumbered from 53A-12-103, as last amended by Laws of Utah 2008,
Chapter 382)
53G-7-505
, (Renumbered from 53A-12-104, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-601
, (Renumbered from 53A-12-202, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-602
, (Renumbered from 53A-12-201, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-603
, (Renumbered from 53A-12-204, as last amended by Laws of Utah 2002,
Chapter 299)
53G-7-604
, (Renumbered from 53A-12-205, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-605
, (Renumbered from 53A-12-206, as enacted by Laws of Utah 1988, Chapter
2)
53G-7-606
, (Renumbered from 53A-12-207, as last amended by Laws of Utah 2010,
Chapter 305)
53G-7-701
, (Renumbered from 53A-11-1202, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-702
, (Renumbered from 53A-11-1203, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-703
, (Renumbered from 53A-11-1204, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-704
, (Renumbered from 53A-11-1205, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-705
, (Renumbered from 53A-11-1206, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-706
, (Renumbered from 53A-11-1207, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-707
, (Renumbered from 53A-11-1208, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-708
, (Renumbered from 53A-11-1209, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-709
, (Renumbered from 53A-11-1210, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-710
, (Renumbered from 53A-11-1211, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-711
, (Renumbered from 53A-11-1212, as last amended by Laws of Utah 2011,
Chapter 403)
53G-7-712
, (Renumbered from 53A-11-1213, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-713
, (Renumbered from 53A-11-1214, as enacted by Laws of Utah 2007,
Chapter 114)
53G-7-801
, (Renumbered from 53A-15-1101, as enacted by Laws of Utah 2006,
Chapter 190)
53G-7-802
, (Renumbered from 53A-15-1102, as enacted by Laws of Utah 2006,
Chapter 190)
53G-7-803
, (Renumbered from 53A-15-1103, as enacted by Laws of Utah 2006,
Chapter 190)
53G-7-901
, (Renumbered from 53A-29-101, as enacted by Laws of Utah 1996, Chapter
73)
53G-7-902
, (Renumbered from 53A-29-102, as enacted by Laws of Utah 1996, Chapter
73)
53G-7-903
, (Renumbered from 53A-29-103, as last amended by Laws of Utah 2008,
Chapter 250)
53G-7-904
, (Renumbered from 53A-29-104, as last amended by Laws of Utah 2015,
Chapter 389)
53G-7-905
, (Renumbered from 53A-29-105, as enacted by Laws of Utah 1996, Chapter
73)
53G-7-1002
, (Renumbered from 53A-3-422, as last amended by Laws of Utah 2002,
Chapter 301)
53G-7-1003
, (Renumbered from 53A-3-423, as enacted by Laws of Utah 2001, Chapter
172)
53G-7-1004
, (Renumbered from 53A-3-424, as last amended by Laws of Utah 2016,
Chapter 144)
53G-7-1101
, (Renumbered from 53A-1-1601, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1102
, (Renumbered from 53A-1-1602, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1103
, (Renumbered from 53A-1-1603, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1104
, (Renumbered from 53A-1-1604, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1105
, (Renumbered from 53A-1-1605, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1106
, (Renumbered from 53A-1-1606, as enacted by Laws of Utah 2017,
Chapter 196)
53G-7-1202
, (Renumbered from 53A-1a-108, as last amended by Laws of Utah 2016,
Chapter 220)
53G-7-1203
, (Renumbered from 53A-1a-108.1, as last amended by Laws of Utah 2015,
Chapter 276)
53G-7-1204
, (Renumbered from 53A-1a-108.5, as last amended by Laws of Utah 2016,
Chapter 220)
53G-8-202
, (Renumbered from 53A-11-901, as last amended by Laws of Utah 2017,
Chapter 330)
53G-8-203
, (Renumbered from 53A-11-902, as last amended by Laws of Utah 2017,
Chapter 55)
53G-8-204
, (Renumbered from 53A-11-903, as last amended by Laws of Utah 2007,
Chapter 161)
53G-8-205
, (Renumbered from 53A-11-904, as last amended by Laws of Utah 2010,
Chapter 276)
53G-8-206
, (Renumbered from 53A-11-905, as last amended by Laws of Utah 2007,
Chapter 161)
53G-8-207
, (Renumbered from 53A-11-906, as last amended by Laws of Utah 2007,
Chapters 82 and 161)
53G-8-208
, (Renumbered from 53A-11-907, as last amended by Laws of Utah 2007,
Chapter 161)
53G-8-209
, (Renumbered from 53A-11-908, as last amended by Laws of Utah 2017,
Chapter 330)
53G-8-210
, (Renumbered from 53A-11-910, as last amended by Laws of Utah 2017,
Chapter 330)
53G-8-211
, (Renumbered from 53A-11-911, as enacted by Laws of Utah 2017, Chapter
330)
53G-8-212
, (Renumbered from 53A-11-806, as last amended by Laws of Utah 2017,
Chapter 55)
53G-8-301
, (Renumbered from 53A-11-801, as last amended by Laws of Utah 2017,
Chapter 55)
53G-8-302
, (Renumbered from 53A-11-802, as last amended by Laws of Utah 2017,
Chapter 55)
53G-8-303
, (Renumbered from 53A-11-803, as last amended by Laws of Utah 1994,
Chapter 260)
53G-8-304
, (Renumbered from 53A-11-804, as enacted by Laws of Utah 1992, Chapter
251)
53G-8-305
, (Renumbered from 53A-11-805, as enacted by Laws of Utah 1992, Chapter
251)
53G-8-402
, (Renumbered from 53A-11-1001, as last amended by Laws of Utah 2008,
Chapter 3)
53G-8-403
, (Renumbered from 53A-11-1002, as last amended by Laws of Utah 2004,
Chapter 102)
53G-8-404
, (Renumbered from 53A-11-1003, as enacted by Laws of Utah 1994,
Chapter 256)
53G-8-405
, (Renumbered from 53A-11-1004, as last amended by Laws of Utah 2008,
Chapter 3)
53G-8-501
, (Renumbered from 53A-11-401, as last amended by Laws of Utah 1989,
Chapter 22)
53G-8-502
, (Renumbered from 53A-11-402, as enacted by Laws of Utah 1988, Chapter
2)
53G-8-503
, (Renumbered from 53A-11-403, as last amended by Laws of Utah 2017,
Chapter 330)
53G-8-504
, (Renumbered from 53A-11-404, as enacted by Laws of Utah 1988, Chapter
2)
53G-8-505
, (Renumbered from 53A-11-1301, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
53G-8-506
, (Renumbered from 53A-11-1302, as last amended by Laws of Utah 2017,
Chapter 330)
53G-8-507
, (Renumbered from 53A-11-1303, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
53G-8-508
, (Renumbered from 53A-11-1304, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
53G-8-509
, (Renumbered from 53A-11-1305, as renumbered and amended by Laws of
Utah 2008, Chapter 3)
53G-8-510
, (Renumbered from 53A-11-1101, as enacted by Laws of Utah 1994,
Chapter 256)
53G-8-602
, (Renumbered from 53A-3-501, as last amended by Laws of Utah 1998,
Chapter 10)
53G-8-603
, (Renumbered from 53A-3-503, as last amended by Laws of Utah 1990,
Chapter 78)
53G-8-604
, (Renumbered from 53A-3-504, as enacted by Laws of Utah 1988, Chapter
140)
53G-8-701
, (Renumbered from 53A-11-1602, as enacted by Laws of Utah 2016,
Chapter 165)
53G-8-702
, (Renumbered from 53A-11-1603, as enacted by Laws of Utah 2016,
Chapter 165)
53G-8-703
, (Renumbered from 53A-11-1604, as last amended by Laws of Utah 2017,
Chapter 330)
53G-9-202
, (Renumbered from 53A-11-205, as enacted by Laws of Utah 2001, First
Special Session, Chapter 3)
53G-9-203
, (Renumbered from 53A-11-605, as last amended by Laws of Utah 2013,
Chapter 335)
53G-9-204
, (Renumbered from 53A-11-204, as last amended by Laws of Utah 2002,
Chapter 301)
53G-9-205
, (Renumbered from 53A-19-301, as enacted by Laws of Utah 1996, Chapter
268)
53G-9-206
, (Renumbered from 53A-13-103, as enacted by Laws of Utah 1988, Chapter
2)
53G-9-207
, (Renumbered from 53A-13-112, as enacted by Laws of Utah 2014, Chapter
342)
53G-9-208
, (Renumbered from 53A-11-606, as enacted by Laws of Utah 2017, Chapter
191)
53G-9-301
 (Effective 07/01/18)
, (Renumbered from 53A-11-300.5 (Effective
07/01/18), as enacted by Laws of Utah 2017, Chapter 344)
53G-9-302
 (Effective 07/01/18)
, (Renumbered from 53A-11-301 (Effective 07/01/18),
as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-302
 (Superseded 07/01/18)
, (Renumbered from 53A-11-301 (Superseded
07/01/18), as last amended by Laws of Utah 1992, Chapter 53)
53G-9-303
 (Effective 07/01/18)
, (Renumbered from 53A-11-302 (Effective 07/01/18),
as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-303
 (Superseded 07/01/18)
, (Renumbered from 53A-11-302 (Superseded
07/01/18), as last amended by Laws of Utah 2017, Chapter 278)
53G-9-304
 (Effective 07/01/18)
, (Renumbered from 53A-11-302.5 (Effective
07/01/18), as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-304
 (Superseded 07/01/18)
, (Renumbered from 53A-11-302.5 (Superseded
07/01/18), as enacted by Laws of Utah 1992, Chapter 129)
53G-9-305
 (Effective 07/01/18)
, (Renumbered from 53A-11-303 (Effective 07/01/18),
as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-305
 (Superseded 07/01/18)
, (Renumbered from 53A-11-303 (Superseded
07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
53G-9-306
 (Effective 07/01/18)
, (Renumbered from 53A-11-304 (Effective 07/01/18),
as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-306
 (Superseded 07/01/18)
, (Renumbered from 53A-11-304 (Superseded
07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
53G-9-307
 (Repealed 07/01/18)
, (Renumbered from 53A-11-305 (Repealed 07/01/18),
as repealed by Laws of Utah 2017, Chapter 344)
53G-9-308
 (Effective 07/01/18)
, (Renumbered from 53A-11-306 (Effective 07/01/18),
as repealed and reenacted by Laws of Utah 2017, Chapter 344)
53G-9-308
 (Superseded 07/01/18)
, (Renumbered from 53A-11-306 (Superseded
07/01/18), as enacted by Laws of Utah 1988, Chapter 2)
53G-9-309
 (Effective 07/01/18)
, (Renumbered from 53A-11-307 (Effective 07/01/18),
as enacted by Laws of Utah 2017, Chapter 344)
53G-9-402
, (Renumbered from 53A-11-201, as last amended by Laws of Utah 1996,
Chapter 4)
53G-9-403
, (Renumbered from 53A-11-202, as enacted by Laws of Utah 1988, Chapter
2)
53G-9-404
, (Renumbered from 53A-11-203, as last amended by Laws of Utah 2016,
Chapter 271)
53G-9-502
, (Renumbered from 53A-11-601, as last amended by Laws of Utah 2017,
Chapter 183)
53G-9-503
, (Renumbered from 53A-11-602, as enacted by Laws of Utah 2004, Chapter
4)
53G-9-504
, (Renumbered from 53A-11-603, as enacted by Laws of Utah 2006, Chapter
215)
53G-9-505
, (Renumbered from 53A-11-603.5, as enacted by Laws of Utah 2016,
Chapter 423)
53G-9-506
, (Renumbered from 53A-11-604, as enacted by Laws of Utah 2006, Chapter
215)
53G-9-601
, (Renumbered from 53A-11a-102, as last amended by Laws of Utah 2017,
Chapters 170 and 213)
53G-9-602
, (Renumbered from 53A-11a-201, as last amended by Laws of Utah 2017,
Chapter 213)
53G-9-603
, (Renumbered from 53A-11a-202, as last amended by Laws of Utah 2017,
Chapter 213)
53G-9-604
, (Renumbered from 53A-11a-203, as last amended by Laws of Utah 2017,
Chapters 30, 170, and 213)
53G-9-605
, (Renumbered from 53A-11a-301, as last amended by Laws of Utah 2017,
Chapters 170 and 213)
53G-9-606
, (Renumbered from 53A-11a-302, as last amended by Laws of Utah 2017,
Chapters 170 and 213)
53G-9-607
, (Renumbered from 53A-11a-401, as last amended by Laws of Utah 2017,
Chapters 170, 213 and last amended by Coordination Clause, Laws of Utah 2017,
Chapter 213)
53G-9-608
, (Renumbered from 53A-11a-402, as last amended by Laws of Utah 2017,
Chapters 170 and 213)
53G-9-702
, (Renumbered from 53A-15-1301, as last amended by Laws of Utah 2016,
Chapter 144)
53G-9-703
, (Renumbered from 53A-15-1302, as last amended by Laws of Utah 2015,
Chapters 85 and 442)
53G-9-704
, (Renumbered from 53A-15-1304, as enacted by Laws of Utah 2017,
Chapter 378)
53G-9-801
, (Renumbered from 53A-15-1902, as enacted by Laws of Utah 2016,
Chapter 320)
53G-9-802
, (Renumbered from 53A-15-1903, as enacted by Laws of Utah 2016,
Chapter 320)
53G-9-803
, (Renumbered from 53A-13-104, as last amended by Laws of Utah 2013,
Chapter 377)
53G-10-202
, (Renumbered from 53A-13-101.1, as enacted by Laws of Utah 1993,
Chapter 95)
53G-10-203
, (Renumbered from 53A-13-101.3, as enacted by Laws of Utah 1993,
Chapter 95)
53G-10-204
, (Renumbered from 53A-13-109, as last amended by Laws of Utah 2014,
Chapter 387)
53G-10-205
, (Renumbered from 53A-13-101.2, as last amended by Laws of Utah 2015,
Chapter 91)
53G-10-302
, (Renumbered from 53A-13-101.4, as last amended by Laws of Utah 2011,
Chapter 298)
53G-10-303
, (Renumbered from 53A-13-101.5, as last amended by Laws of Utah 2017,
Chapter 382)
53G-10-304
, (Renumbered from 53A-13-101.6, as last amended by Laws of Utah 2012,
Chapter 426)
53G-10-402
, (Renumbered from 53A-13-101, as last amended by Laws of Utah 2017,
Chapter 162)
53G-10-404
, (Renumbered from 53A-13-107, as last amended by Laws of Utah 2010,
Chapter 305)
53G-10-405
, (Renumbered from 53A-13-102, as last amended by Laws of Utah 2002,
Fifth Special Session, Chapter 8)
53G-10-406
, (Renumbered from 53A-13-113, as enacted by Laws of Utah 2017,
Chapter 455)
53G-10-502
, (Renumbered from 53A-13-201, as last amended by Laws of Utah 2008,
Chapter 382)
53G-10-503
, (Renumbered from 53A-13-202, as last amended by Laws of Utah 2003,
Chapter 23)
53G-10-504
, (Renumbered from 53A-13-203, as enacted by Laws of Utah 1988,
Chapter 2)
53G-10-505
, (Renumbered from 53A-13-204, as last amended by Laws of Utah 2003,
Chapter 23)
53G-10-506
, (Renumbered from 53A-13-205, as enacted by Laws of Utah 1988,
Chapter 2)
53G-10-507
, (Renumbered from 53A-13-208, as last amended by Laws of Utah 2016,
Chapter 144)
53G-10-508
, (Renumbered from 53A-13-209, as last amended by Laws of Utah 2008,
Chapter 382)
53G-11-202
, (Renumbered from 53A-3-411, as last amended by Laws of Utah 2005,
Chapter 285)
53G-11-203
, (Renumbered from 53A-3-431, as enacted by Laws of Utah 2012, Chapter
127)
53G-11-204
, (Renumbered from 53A-19-401, as enacted by Laws of Utah 2015,
Chapter 399)
53G-11-205
, (Renumbered from 53A-3-426, as enacted by Laws of Utah 2007, Chapter
88)
53G-11-206
, (Renumbered from 53A-3-425, as last amended by Laws of Utah 2013,
Chapter 278)
53G-11-207
, (Renumbered from 53A-3-428, as enacted by Laws of Utah 2009, Chapter
392)
53G-11-302
, (Renumbered from 53A-17a-140, as last amended by Laws of Utah 2017,
Chapter 173)
53G-11-303
, (Renumbered from 53A-3-701, as last amended by Laws of Utah 2015,
Chapter 415)
53G-11-401
, (Renumbered from 53A-15-1502, as last amended by Laws of Utah 2016,
Chapter 44)
53G-11-402
, (Renumbered from 53A-15-1503, as last amended by Laws of Utah 2016,
Chapter 44)
53G-11-403
, (Renumbered from 53A-15-1504, as last amended by Laws of Utah 2016,
Chapters 44 and 348)
53G-11-404
, (Renumbered from 53A-15-1505, as enacted by Laws of Utah 2015,
Chapter 389)
53G-11-405
, (Renumbered from 53A-15-1506, as enacted by Laws of Utah 2015,
Chapter 389)
53G-11-406
, (Renumbered from 53A-15-1507, as enacted by Laws of Utah 2015,
Chapter 389)
53G-11-407
, (Renumbered from 53A-15-1508, as last amended by Laws of Utah 2016,
Chapter 348)
53G-11-408
, (Renumbered from 53A-15-1509, as last amended by Laws of Utah 2016,
Chapter 348)
53G-11-409
, (Renumbered from 53A-15-1510, as enacted by Laws of Utah 2015,
Chapter 389)
53G-11-410
, (Renumbered from 53A-15-1511, as enacted by Laws of Utah 2016,
Chapter 199)
53G-11-501
, (Renumbered from 53A-8a-102, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-501.5
, (Renumbered from 53A-8a-401, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-503
, (Renumbered from 53A-8a-201, as renumbered and amended by Laws of
Utah 2012, Chapter 425)
53G-11-504
, (Renumbered from 53A-8a-301, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-505
, (Renumbered from 53A-8a-302, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-506
, (Renumbered from 53A-8a-403, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-507
, (Renumbered from 53A-8a-405, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-508
, (Renumbered from 53A-8a-406, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-509
, (Renumbered from 53A-8a-408, as renumbered and amended by Laws of
Utah 2012, Chapter 425)
53G-11-510
, (Renumbered from 53A-8a-409, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-511
, (Renumbered from 53A-8a-410, as last amended by Laws of Utah 2017,
Chapter 328)
53G-11-512
, (Renumbered from 53A-8a-501, as last amended by Laws of Utah 2015,
Chapter 203)
53G-11-513
, (Renumbered from 53A-8a-502, as renumbered and amended by Laws of
Utah 2012, Chapter 425)
53G-11-514
, (Renumbered from 53A-8a-503, as enacted by Laws of Utah 2012,
Chapter 425)
53G-11-515
, (Renumbered from 53A-8a-504, as renumbered and amended by Laws of
Utah 2012, Chapter 425)
53G-11-516
, (Renumbered from 53A-8a-505, as renumbered and amended by Laws of
Utah 2012, Chapter 425)
53G-11-517
, (Renumbered from 53A-8a-506, as enacted by Laws of Utah 2012,
Chapter 425)
53G-11-518
, (Renumbered from 53A-8a-601, as last amended by Laws of Utah 2016,
Chapter 204)
REPEALS:
53A-2-117
, as last amended by Laws of Utah 2017, Chapter 91
53A-3-415
, as last amended by Laws of Utah 1991, Chapter 72
53A-8a-402
, as last amended by Laws of Utah 2017, Chapter 328
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-36a-206
, which is renumbered from Section 53A-20-100.5 is
renumbered and amended to read:
[
53A-20-100.5
].
 11-36a-206.
Prohibition of school impact fees.
(1) As used in this section, "school impact fee" means a charge on new development in
order to generate revenue for funding or recouping the costs of capital improvements for
schools or school facility expansions necessitated by and attributable to the new development.
(2) Beginning March 21, 1995, there is a moratorium prohibiting a county, city, town,
local school board, or any other political subdivision from imposing or collecting a school
impact fee unless hereafter authorized by the Legislature by statute.
(3) Collection of any fees authorized before March 21, 1995, by any ordinance,
resolution or rule of any county, city, town, local school board, or other political subdivision
shall terminate on May 1, 1996, unless hereafter authorized by the Legislature by statute. 
Section 2. Section 
53B-1-115
 is enacted to read:
 53B-1-115.
Purchases of educational technology.
(1) A college of education shall comply with Title 63G, Chapter 6a, Utah Procurement
Code, in purchasing technology.
(2) A college of education may purchase technology through cooperative purchasing
contracts administered by the state Division of Purchasing or through the college of education's
own established purchasing program.
Section 3. Section 
53G-1-101
 is enacted to read:
TITLE 53G. PUBLIC EDUCATION SYSTEM -- LOCAL ADMINISTRATION
CHAPTER 1. TITLE PROVISIONS
 53G-1-101.
Title.
(1) This title is known as "Public Education System -- Local Administration."
(2) This chapter is known as "Title Provisions."
Section 4. Section 
53G-1-102
 is enacted to read:
 53G-1-102.
Public education code definitions.
The terms defined in Section 
53E-1-102
 apply to this title.
Section 5. Section 
53G-1-103
 is enacted to read:
 53G-1-103.
Title 53G definitions.
Reserved
Section 6. Section 
53G-2-101
 is enacted to read:
CHAPTER 2. LOCAL PUBLIC EDUCATION SYSTEM POLICY
Part 1. General Provisions
 53G-2-101.
Title.
This chapter is known as "Local Public Education System Policy."
Section 7. Section 
53G-2-102
 is enacted to read:
 53G-2-102.
Definitions.
Reserved
Section 8. Section 
53G-3-101
 is enacted to read:
CHAPTER 3. SCHOOL DISTRICT CREATION AND CHANGE
Part 1. General Provisions
 53G-3-101.
Title.
This chapter is known as "School District Creation and Change."
Section 9. Section 
53G-3-102
, which is renumbered from Section 53A-2-112 is
renumbered and amended to read:
[
53A-2-112
].
 53G-3-102.
Definitions.
As used in [
Sections 
53A-2-113
 through 
53A-2-116
] 
this chapter
:
(1) "Allocation date" means:
(a) June 20 of the second calendar year after the local school board general election
date described in Subsection 
53G-3-302
(3)(a)(i); or
(b) another date that the transition teams under Section 
53G-3-302
 mutually agree to.
(2) "Canvass date" means the date of the canvass of an election under Subsection
53G-3-301
(5) at which voters approve the creation of a new school district under Section
53G-3-302
.
[
(1)
] 
(3)
 "Consolidation" means the merger of two or more school districts into a single
administrative unit.
(4) "Creation election date" means the date of the election under Subsection
53G-3-301
(9) at which voters approve the creation of a new school district under Section
53G-3-302
.
(5) "Divided school district," "existing district," or "existing school district" means a
school district from which a new district is created.
(6) "New district" or "new school district" means a school district created under
Section 
53G-3-301
 or 
53G-3-302
.
(7) "Remaining district" or "remaining school district" means an existing district after
the creation of a new district.
[
(2)
] 
(8)
 "Restructuring" means the transfer of territory from one school district to
another school district. 
Section 10. Section 
53G-3-103
, which is renumbered from Section 53A-2-111 is
renumbered and amended to read:
[
53A-2-111
].
 53G-3-103.
Legislative findings.
The Legislature finds that restructuring and consolidation of school districts may
provide long-term educational and financial benefits, but that short-term costs and other
problems may make it difficult for school officials to move forward with such plans. The
Legislature therefore adopts Sections 
[
53A-2-111
 through 
53A-2-116
] 
53G-3-102
, 
53G-3-103
,
53G-3-205
, 
53G-3-403
, 
53G-3-404
, and 
53G-3-503
 to assist the public school system to create
more efficient and effective administrative units.
Section 11. Section 
53G-3-201
, which is renumbered from Section 53A-2-101 is
renumbered and amended to read:
[
53A-2-101
].
 53G-3-201.
School districts.
School districts may be created, merged, dissolved, or their boundaries changed only as
provided in this chapter.
Section 12. Section 
53G-3-202
, which is renumbered from Section 53A-2-108 is
renumbered and amended to read:
[
53A-2-108
].
 53G-3-202.
School districts independent of municipal and
county governments -- School district name -- Control of property.
(1) (a) Each school district shall be controlled by its board of education and shall be
independent of municipal and county governments.
(b) The name of each school district created after May 1, 2000 shall comply with
Subsection 
17-50-103
(2)(a).
(2) The local school board shall have direction and control of all school property in the
district.
Section 13. Section 
53G-3-203
, which is renumbered from Section 53A-2-101.5 is
renumbered and amended to read:
[
53A-2-101.5
].
 53G-3-203.
Filing of notice and plat relating to school
district boundary changes including creation, consolidation, division, or dissolution --
Recording requirements -- Effective date.
(1) The county legislative body shall:
(a) within 30 days after the creation, consolidation, division, or dissolution of a school
district, file with the lieutenant governor:
(i) a copy of a notice of an impending boundary action, as defined in Section 
67-1a-6.5
,
that meets the requirements of Subsection 
67-1a-6.5
(3); and
(ii) except in the case of a dissolution, a copy of an approved final local entity plat, as
defined in Section 
67-1a-6.5
; and
(b) upon the lieutenant governor's issuance of a certificate of boundary action under
Section 
67-1a-6.5
:
(i) if the school district is or, in the case of dissolution, was located within the
boundary of a single county, submit to the recorder of that county:
(A) the original:
(I) notice of an impending boundary action;
(II) certificate of boundary action; and
(III) except in the case of dissolution, approved final local entity plat; and
(B) if applicable, a certified copy of the resolution approving the boundary action; or
(ii) if the school district is or, in the case of a dissolution, was located within the
boundaries of more than a single county:
(A) submit to the recorder of one of those counties:
(I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
(II) if applicable, a certified copy of the resolution approving the boundary action; and
(B) submit to the recorder of each other county:
(I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III);
and
(II) if applicable, a certified copy of the resolution approving the boundary action.
(2) (a) Upon the lieutenant governor's issuance of the certificate under Section
67-1a-6.5
, the creation, consolidation, division, dissolution, or other change affecting the
boundary of a new or existing school district that was the subject of the action has legal effect.
(b) (i) As used in this Subsection (2)(b), "affected area" means:
(A) in the case of the creation of a school district, the area within the school district's
boundary;
(B) in the case of the consolidation of multiple school districts, the area within the
boundary of each school district that is consolidated into another school district;
(C) in the case of the division of a school district, the area within the boundary of the
school district created by the division; and
(D) in the case of an addition to an existing school district, the area added to the school
district.
(ii) The effective date of a boundary action, as defined in Section 
17-23-20
, for
purposes of assessing property within the school district is governed by Section 
59-2-305.5
.
(iii) Until the documents listed in Subsection (1)(b) are recorded in the office of the
recorder of each county in which the property is located, a school district may not levy or
collect a property tax on property within the affected area.
Section 14. Section 
53G-3-204
, which is renumbered from Section 53A-2-123 is
renumbered and amended to read:
[
53A-2-123
].
 53G-3-204.
Notice before preparing or amending a
long-range plan or acquiring certain property.
(1) As used in this section:
(a) "Affected entity" means each county, municipality, local district under Title 17B,
Limited Purpose Local Government Entities - Local Districts, special service district under
Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
(i) whose services or facilities are likely to require expansion or significant
modification because of an intended use of land; or
(ii) that has filed with the school district a copy of the general or long-range plan of the
county, municipality, local district, special service district, school district, interlocal
cooperation entity, or specified public utility.
(b) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(2) (a) If a school district located in a county of the first or second class prepares a
long-range plan regarding its facilities proposed for the future or amends an already existing
long-range plan, the school district shall, before preparing a long-range plan or amendments to
an existing long-range plan, provide written notice, as provided in this section, of its intent to
prepare a long-range plan or to amend an existing long-range plan.
(b) Each notice under Subsection (2)(a) shall:
(i) indicate that the school district intends to prepare a long-range plan or to amend a
long-range plan, as the case may be;
(ii) describe or provide a map of the geographic area that will be affected by the
long-range plan or amendments to a long-range plan;
(iii) be:
(A) sent to each county in whose unincorporated area and each municipality in whose
boundaries is located the land on which the proposed long-range plan or amendments to a
long-range plan are expected to indicate that the proposed facilities will be located;
(B) sent to each affected entity;
(C) sent to the Automated Geographic Reference Center created in Section 
63F-1-506
;
(D) sent to each association of governments, established pursuant to an interlocal
agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
municipality described in Subsection (2)(b)(iii)(A) is a member; and
(E) placed on the Utah Public Notice Website created under Section 
63F-1-701
;
(iv) with respect to the notice to counties and municipalities described in Subsection
(2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
consider in the process of preparing, adopting, and implementing the long-range plan or
amendments to a long-range plan concerning:
(A) impacts that the use of land proposed in the proposed long-range plan or
amendments to a long-range plan may have on the county, municipality, or affected entity; and
(B) uses of land that the county, municipality, or affected entity is planning or
considering that may conflict with the proposed long-range plan or amendments to a long-range
plan; and
(v) include the address of an Internet website, if the school district has one, and the
name and telephone number of a person where more information can be obtained concerning
the school district's proposed long-range plan or amendments to a long-range plan.
(3) (a) Except as provided in Subsection (3)(d), each school district intending to
acquire real property in a county of the first or second class for the purpose of expanding the
district's infrastructure or other facilities shall provide written notice, as provided in this
Subsection (3), of its intent to acquire the property if the intended use of the property is
contrary to:
(i) the anticipated use of the property under the county or municipality's general plan;
or
(ii) the property's current zoning designation.
(b) Each notice under Subsection (3)(a) shall:
(i) indicate that the school district intends to acquire real property;
(ii) identify the real property; and
(iii) be sent to:
(A) each county in whose unincorporated area and each municipality in whose
boundaries the property is located; and
(B) each affected entity.
(c) A notice under this Subsection (3) is a protected record as provided in Subsection
63G-2-305
(8).
(d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
previously provided notice under Subsection (2) identifying the general location within the
municipality or unincorporated part of the county where the property to be acquired is located.
(ii) If a school district is not required to comply with the notice requirement of
Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
the real property.
Section 15. Section 
53G-3-205
, which is renumbered from Section 53A-2-116 is
renumbered and amended to read:
[
53A-2-116
].
 53G-3-205.
Rights of transferred employees -- Salary during
first year -- Leave and tenure benefits.
(1) If a school employee is transferred from one district to another because of district
consolidation or restructuring, the employee's salary may not be less, during the first year after
the transfer, than it would have been had the transfer not taken place.
(2) The district to which an employee is transferred under Subsection (1) shall credit
the employee with all accumulated leave and tenure recognized by the district from which the
employee was transferred.
(3) If the district to which an employee is transferred does not have a leave benefit
which reasonably corresponds to one the employee seeks to transfer, that district shall
compensate the employee for the benefit on the same basis as would have been done had the
employee retired.
Section 16. Section 
53G-3-301
, which is renumbered from Section 53A-2-118 is
renumbered and amended to read:
Part 3. Creating a New School District
[
53A-2-118
].
 53G-3-301.
 Creation of new school district -- Initiation of
process -- Procedures to be followed.
(1) A new school district may be created from one or more existing school districts, as
provided in this section.
(2) The process to create a new school district may be initiated:
(a) through a citizens' initiative petition;
(b) at the request of the board of the existing district or districts to be affected by the
creation of the new district; or
(c) at the request of a city within the boundaries of the school district or at the request
of interlocal agreement participants, pursuant to Section [
53A-2-118.1
] 
53G-3-302
.
(3) (a) An initiative petition submitted under Subsection (2)(a) shall be signed by
qualified electors residing within the geographical boundaries of the proposed new school
district in an amount equal to at least 15% of all votes cast within the geographic boundaries of
the proposed new school district for all candidates for president of the United States at the last
regular general election at which a president of the United States was elected.
(b) Each request or petition submitted under Subsection (2) shall:
(i) be filed with the clerk of each county in which any part of the proposed new school
district is located;
(ii) indicate the typed or printed name and current residence address of each governing
board member making a request, or registered voter signing a petition, as the case may be;
(iii) describe the proposed new school district boundaries; and
(iv) designate up to five signers of the petition or request as sponsors, one of whom
shall be designated as the contact sponsor, with the mailing address and telephone number of
each.
(c) The process described in Subsection (2)(a) may only be initiated once during any
four-year period.
(d) A new district may not be formed under Subsection (2) if the student population of
the proposed new district is less than 3,000 or the existing district's student population would
be less than 3,000 because of the creation of the new school district.
(4) A signer of a petition described in Subsection (2)(a) may withdraw or, once
withdrawn, reinstate the signer's signature at any time before the filing of the petition by filing
a written request for withdrawal or reinstatement with the county clerk.
(5) Within 45 days after the day on which a petition described in Subsection (2)(a) is
filed, or five business days after the day on which a request described in Subsection (2)(b) or
(c) is filed, the clerk of each county with which the request or petition is filed shall:
(a) determine whether the request or petition complies with Subsections (2) and (3), as
applicable; and
(b) (i) if the county clerk determines that the request or petition complies with the
applicable requirements:
(A) certify the request or petition and deliver the certified request or petition to the
county legislative body; and
(B) mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the county clerk determines that the request or petition fails to comply with any
of the applicable requirements, reject the request or petition and notify the contact sponsor in
writing of the rejection and reasons for the rejection.
(6) (a) If the county clerk fails to certify or reject a request or petition within the time
specified in Subsection (5), the request or petition is considered to be certified.
(b) (i) If the county clerk rejects a request or petition, the person that submitted the
request or petition may amend the request or petition to correct the deficiencies for which the
request or petition was rejected, and refile the request or petition.
(ii) Subsection (3)(c) does not apply to a request or petition that is amended and refiled
after having been rejected by a county clerk.
(c) If, on or before December 1, a county legislative body receives a request from a
school board under Subsection (2)(b) or a petition under Subsection (2)(a) that is certified by
the county clerk:
(i) the county legislative body shall appoint an ad hoc advisory committee, as provided
in Subsection (7), on or before January 1;
(ii) the ad hoc advisory committee shall submit its report and recommendations to the
county legislative body, as provided in Subsection (7), on or before July 1; and
(iii) if the legislative body of each county with which a request or petition is filed
approves a proposal to create a new district, each legislative body shall submit the proposal to
the respective county clerk to be voted on by the electors of each existing district at the regular
general or municipal general election held in November.
(7) (a) The legislative body of each county with which a request or petition is filed
shall appoint an ad hoc advisory committee to review and make recommendations on a request
for the creation of a new school district submitted under Subsection (2)(a) or (b).
(b) The advisory committee shall:
(i) seek input from:
(A) those requesting the creation of the new school district;
(B) the school board and school personnel of each existing school district;
(C) those citizens residing within the geographical boundaries of each existing school
district;
(D) the State Board of Education; and
(E) other interested parties;
(ii) review data and gather information on at least:
(A) the financial viability of the proposed new school district;
(B) the proposal's financial impact on each existing school district;
(C) the exact placement of school district boundaries; and
(D) the positive and negative effects of creating a new school district and whether the
positive effects outweigh the negative if a new school district were to be created; and
(iii) make a report to the county legislative body in a public meeting on the committee's
activities, together with a recommendation on whether to create a new school district.
(8) For a request or petition submitted under Subsection (2)(a) or (b):
(a) The county legislative body shall provide for a 45-day public comment period on
the report and recommendation to begin on the day the report is given under Subsection
(7)(b)(iii).
(b) Within 14 days after the end of the comment period, the legislative body of each
county with which a request or petition is filed shall vote on the creation of the proposed new
school district.
(c) The proposal is approved if a majority of the members of the legislative body of
each county with which a request or petition is filed votes in favor of the proposal.
(d) If the proposal is approved, the legislative body of each county with which a
request or petition is filed shall submit the proposal to the county clerk to be voted on:
(i) by the legal voters of each existing school district affected by the proposal;
(ii) in accordance with the procedures and requirements applicable to a regular general
election under Title 20A, Election Code; and
(iii) at the next regular general election or municipal general election, whichever is
first.
(e) Creation of the new school district shall occur if a majority of the electors within
both the proposed school district and each remaining school district voting on the proposal vote
in favor of the creation of the new district.
(f) Each county legislative body shall comply with the requirements of Section
[
53A-2-101.5
] 
53G-3-203
.
(g) If a proposal submitted under Subsection (2)(a) or (b) to create a new district is
approved by the electors, the existing district's documented costs to study and implement the
proposal shall be reimbursed by the new district.
(9) (a) If a proposal submitted under Subsection (2)(c) is certified under Subsection (5)
or (6)(a), the legislative body of each county in which part of the proposed new school district
is located shall submit the proposal to the respective clerk of each county to be voted on:
(i) by the legal voters residing within the proposed new school district boundaries;
(ii) in accordance with the procedures and requirements applicable to a regular general
election under Title 20A, Election Code; and
(iii) at the next regular general election or municipal general election, whichever is
first.
(b) (i) If a majority of the legal voters within the proposed new school district
boundaries voting on the proposal at an election under Subsection (9)(a) vote in favor of the
creation of the new district:
(A) each county legislative body shall comply with the requirements of Section
[
53A-2-101.5
] 
53G-3-203
; and
(B) upon the lieutenant governor's issuance of the certificate under Section 
67-1a-6.5
,
the new district is created.
(ii) Notwithstanding the creation of a new district as provided in Subsection
(9)(b)(i)(B):
(A) a new school district may not begin to provide educational services to the area
within the new district until July 1 of the second calendar year following the school board
general election date described in Subsection [
53A-2-118.1
] 
53G-3-302
(3)(a)(i);
(B) a remaining district may not begin to provide educational services to the area
within the remaining district until the time specified in Subsection (9)(b)(ii)(A); and
(C) each existing district shall continue, until the time specified in Subsection
(9)(b)(ii)(A), to provide educational services within the entire area covered by the existing
district.
Section 17. Section 
53G-3-302
, which is renumbered from Section 53A-2-118.1 is
renumbered and amended to read:
[
53A-2-118.1
].
 53G-3-302.
Proposal initiated by a city or by interlocal
agreement participants to create a school district -- Boundaries -- Election of local school
board members -- Allocation of assets and liabilities -- Startup costs -- Transfer of title.
(1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
as determined by the lieutenant governor using the process described in Subsection 
67-1a-2
(3),
may by majority vote of the legislative body, submit for voter approval a measure to create a
new school district with boundaries contiguous with that city's boundaries, in accordance with
Section [
53A-2-118
] 
53G-3-301
.
(b) (i) The determination of all matters relating to the scope, adequacy, and other
aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
city's legislative body.
(ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
a legal action or other challenge to:
(A) an election for voter approval of the creation of a new school district; or
(B) the creation of the new school district.
(2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
may, together with one or more other cities, towns, or the county enter into an interlocal
agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
of submitting for voter approval a measure to create a new school district.
(b) (i) In accordance with Section [
53A-2-118
] 
53G-3-301
, interlocal agreement
participants under Subsection (2)(a) may submit a proposal for voter approval if:
(A) the interlocal agreement participants conduct a feasibility study prior to submitting
the proposal to the county;
(B) the combined population within the proposed new school district boundaries is at
least 50,000;
(C) the new school district boundaries:
(I) are contiguous;
(II) do not completely surround or otherwise completely geographically isolate a
portion of an existing school district that is not part of the proposed new school district from
the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
(III) include the entire boundaries of each participant city or town, except as provided
in Subsection (2)(d)(ii); and
(IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
(D) the combined population within the proposed new school district of interlocal
agreement participants that have entered into an interlocal agreement proposing to create a new
school district is at least 80% of the total population of the proposed new school district.
(ii) The determination of all matters relating to the scope, adequacy, and other aspects
of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
feasibility study or revise a previous feasibility study due to a change in the proposed new
school district boundaries, is within the exclusive discretion of the legislative bodies of the
interlocal agreement participants that enter into an interlocal agreement to submit for voter
approval a measure to create a new school district.
(iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
basis of a legal action or other challenge to:
(A) an election for voter approval of the creation of a new school district; or
(B) the creation of the new school district.
(iv) For purposes of determining whether the boundaries of a proposed new school
district cross county lines under Subsection (2)(b)(i)(C)(IV):
(A) a municipality located in more than one county and entirely within the boundaries
of a single school district is considered to be entirely within the same county as other
participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
land area and population is located in that same county than outside the county; and
(B) a municipality located in more than one county that participates in an interlocal
agreement under Subsection (2)(a) with respect to some but not all of the area within the
municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
not be considered to cross county lines.
(c) (i) A county may only participate in an interlocal agreement under this Subsection
(2) for the unincorporated areas of the county.
(ii) Boundaries of a new school district created under this section may include:
(A) a portion of one or more existing school districts; and
(B) a portion of the unincorporated area of a county, including a portion of a township.
(d) (i) As used in this Subsection (2)(d):
(A) "Isolated area" means an area that:
(I) is entirely within the boundaries of a municipality that, except for that area, is
entirely within a school district different than the school district in which the area is located;
and
(II) would, because of the creation of a new school district from the existing district in
which the area is located, become completely geographically isolated.
(B) "Municipality's school district" means the school district that includes all of the
municipality in which the isolated area is located except the isolated area.
(ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
within the municipality's boundaries if:
(A) the portion of the municipality proposed to be included in the new school district
would, if not included, become an isolated area upon the creation of the new school district; or
(B) (I) the portion of the municipality proposed to be included in the new school
district is within the boundaries of the same school district that includes the other interlocal
agreement participants; and
(II) the portion of the municipality proposed to be excluded from the new school
district is within the boundaries of a school district other than the school district that includes
the other interlocal agreement participants.
(iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
district may be submitted for voter approval pursuant to an interlocal agreement under
Subsection (2)(a), even though the new school district boundaries would create an isolated
area, if:
(I) the potential isolated area is contiguous to one or more of the interlocal agreement
participants;
(II) the interlocal participants submit a written request to the municipality in which the
potential isolated area is located, requesting the municipality to enter into an interlocal
agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
create a new school district that includes the potential isolated area; and
(III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
municipality has not entered into an interlocal agreement as requested in the request.
(B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
one or more public hearings to allow input from the public and affected school districts
regarding whether or not the municipality should enter into an interlocal agreement with
respect to the potential isolated area.
(C) (I) This Subsection (2)(d)(iii)(C) applies if:
(Aa) a new school district is created under this section after a measure is submitted to
voters based on the authority of Subsection (2)(d)(iii)(A); and
(Bb) the creation of the new school district results in an isolated area.
(II) The isolated area shall, on July 1 of the second calendar year following the local
school board general election date described in Subsection (3)(a)(i), become part of the
municipality's school district.
(III) Unless the isolated area is the only remaining part of the existing district, the
process described in Subsection (4) shall be modified to:
(Aa) include a third transition team, appointed by the local school board of the
municipality's school district, to represent that school district; and
(Bb) require allocation of the existing district's assets and liabilities among the new
district, the remaining district, and the municipality's school district.
(IV) The existing district shall continue to provide educational services to the isolated
area until July 1 of the second calendar year following the local school board general election
date described in Subsection (3)(a)(i).
(3) (a) If a proposal under this section is approved by voters:
(i) an election shall be held at the next regular general election to elect:
(A) members to the local school board of the existing school district whose terms are
expiring;
(B) all members to the local school board of the new school district; and
(C) all members to the local school board of the remaining district;
(ii) the assets and liabilities of the existing school district shall be divided between the
remaining school district and the new school district as provided in Subsection (5) and Section
[
53A-2-121
] 
53G-3-307
;
(iii) transferred employees shall be treated in accordance with Sections [
53A-2-116
]
53G-3-205
 and [
53A-2-122
] 
53G-3-308
;
(iv) (A) an individual residing within the boundaries of a new school district at the
time the new school district is created may, for six school years after the creation of the new
school district, elect to enroll in a secondary school located outside the boundaries of the new
school district if:
(I) the individual resides within the boundaries of that secondary school as of the day
before the new school district is created; and
(II) the individual would have been eligible to enroll in that secondary school had the
new school district not been created; and
(B) the school district in which the secondary school is located shall provide
educational services, including, if provided before the creation of the new school district,
busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
year for which the individual makes the election; and
(v) within one year after the new district begins providing educational services, the
superintendent of each remaining district affected and the superintendent of the new district
shall meet, together with the Superintendent of Public Instruction, to determine if further
boundary changes should be proposed in accordance with Section [
53A-2-104
] 
53G-3-501
.
(b) (i) The terms of the initial members of the local school board of the new district and
remaining district shall be staggered and adjusted by the county legislative body so that
approximately half of the local school board is elected every two years.
(ii) The term of a member of the existing local school board, including a member
elected under Subsection (3)(a)(i)(A), terminates on July 1 of the second year after the local
school board general election date described in Subsection (3)(a)(i), regardless of when the
term would otherwise have terminated.
(iii) Notwithstanding the existence of a local school board for the new district and a
local school board for the remaining district under Subsection (3)(a)(i), the local school board
of the existing district shall continue, until the time specified in Subsection [
53A-2-118
]
53G-3-301
(9)(b)(ii)(A), to function and exercise authority as a local school board to the extent
necessary to continue to provide educational services to the entire existing district.
(iv) An individual may simultaneously serve as or be elected to be a member of the
local school board of an existing district and a member of the local school board of:
(A) a new district; or
(B) a remaining district.
(4) (a) Within 45 days after the canvass date for the election at which voters approve
the creation of a new district:
(i) a transition team to represent the remaining district shall be appointed by the
members of the existing local school board who reside within the area of the remaining district,
in consultation with:
(A) the legislative bodies of all municipalities in the area of the remaining district; and
(B) the legislative body of the county in which the remaining district is located, if the
remaining district includes one or more unincorporated areas of the county; and
(ii) another transition team to represent the new district shall be appointed by:
(A) for a new district located entirely within the boundaries of a single city, the
legislative body of that city; or
(B) for each other new district, the legislative bodies of all interlocal agreement
participants.
(b) The local school board of the existing school district shall, within 60 days after the
canvass date for the election at which voters approve the creation of a new district:
(i) prepare an inventory of the existing district's:
(A) assets, both tangible and intangible, real and personal; and
(B) liabilities; and
(ii) deliver a copy of the inventory to each of the transition teams.
(c) The transition teams appointed under Subsection (4)(a) shall:
(i) determine the allocation of the existing district's assets and, except for indebtedness
under Section [
53A-2-121
] 
53G-3-307
, liabilities between the remaining district and the new
district in accordance with Subsection (5);
(ii) prepare a written report detailing how the existing district's assets and, except for
indebtedness under Section [
53A-2-121
] 
53G-3-307
, liabilities are to be allocated; and
(iii) deliver a copy of the written report to:
(A) the local school board of the existing district;
(B) the local school board of the remaining district; and
(C) the local school board of the new district.
(d) The transition teams shall determine the allocation under Subsection (4)(c)(i) and
deliver the report required under Subsection (4)(c)(ii) before August 1 of the year following the
election at which voters approve the creation of a new district, unless that deadline is extended
by the mutual agreement of:
(i) the local school board of the existing district; and
(ii) (A) the legislative body of the city in which the new district is located, for a new
district located entirely within a single city; or
(B) the legislative bodies of all interlocal agreement participants, for each other new
district.
(e) (i) All costs and expenses of the transition team that represents a remaining district
shall be borne by the remaining district.
(ii) All costs and expenses of the transition team that represents a new district shall
initially be borne by:
(A) the city whose legislative body appoints the transition team, if the transition team
is appointed by the legislative body of a single city; or
(B) the interlocal agreement participants, if the transition team is appointed by the
legislative bodies of interlocal agreement participants.
(iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
agreement participants for:
(A) transition team costs and expenses; and
(B) startup costs and expenses incurred by the city or interlocal agreement participants
on behalf of the new district.
(5) (a) As used in this Subsection (5):
(i) "Associated property" means furniture, equipment, or supplies located in or
specifically associated with a physical asset.
(ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
(5)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
employee by law or school district accounting practice.
(B) "Discretionary asset or liability" does not include a physical asset, associated
property, a vehicle, or bonded indebtedness.
(iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
(5)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
by law or school district accounting practice.
(B) "Nondiscretionary asset or liability" does not include a physical asset, associated
property, a vehicle, or bonded indebtedness.
(iv) "Physical asset" means a building, land, or water right together with revenue
derived from the lease or use of the building, land, or water right.
(b) Except as provided in Subsection (5)(c), the transition teams appointed under
Subsection (4)(a) shall allocate all assets and liabilities the existing district owns on the
allocation date, both tangible and intangible, real and personal, to the new district and
remaining district as follows:
(i) a physical asset and associated property shall be allocated to the school district in
which the physical asset is located;
(ii) a discretionary asset or liability shall be allocated between the new district and
remaining district in proportion to the student populations of the school districts;
(iii) a nondiscretionary asset shall be allocated to the school district where the project,
school, student, or employee to which the nondiscretionary asset is tied will be located;
(iv) vehicles used for pupil transportation shall be allocated:
(A) according to the transportation needs of schools, as measured by the number and
assortment of vehicles used to serve transportation routes serving schools within the new
district and remaining district; and
(B) in a manner that gives each school district a fleet of vehicles for pupil
transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
and
(v) other vehicles shall be allocated:
(A) in proportion to the student populations of the school districts; and
(B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
condition, and carrying capacities.
(c) By mutual agreement, the transition teams may allocate an asset or liability in a
manner different than the allocation method specified in Subsection (5)(b).
(6) (a) As used in this Subsection (6):
(i) "New district startup costs" means:
(A) costs and expenses incurred by a new district in order to prepare to begin providing
educational services on July 1 of the second calendar year following the local school board
general election date described in Subsection (3)(a)(i); and
(B) the costs and expenses of the transition team that represents the new district.
(ii) "Remaining district startup costs" means:
(A) costs and expenses incurred by a remaining district in order to:
(I) make necessary adjustments to deal with the impacts resulting from the creation of
the new district; and
(II) prepare to provide educational services within the remaining district once the new
district begins providing educational services within the new district; and
(B) the costs and expenses of the transition team that represents the remaining district.
(b) (i) By January 1 of the year following the local school board general election date
described in Subsection (3)(a)(i), the existing district shall make half of the undistributed
reserve from its General Fund, to a maximum of $9,000,000, available for the use of the
remaining district and the new district, as provided in this Subsection (6).
(ii) The existing district may make additional funds available for the use of the
remaining district and the new district beyond the amount specified in Subsection (6)(b)(i)
through an interlocal agreement.
(c) The existing district shall make the money under Subsection (6)(b) available to the
remaining district and the new district proportionately based on student population.
(d) The money made available under Subsection (6)(b) may be accessed and spent by:
(i) for the remaining district, the local school board of the remaining district; and
(ii) for the new district, the local school board of the new district.
(e) (i) The remaining district may use its portion of the money made available under
Subsection (6)(b) to pay for remaining district startup costs.
(ii) The new district may use its portion of the money made available under Subsection
(6)(b) to pay for new district startup costs.
(7) (a) The existing district shall transfer title or, if applicable, partial title of property
to the new school district in accordance with the allocation of property by the transition teams,
as stated in the report under Subsection (4)(c)(ii).
(b) The existing district shall complete each transfer of title or, if applicable, partial
title to real property and vehicles by July 1 of the second calendar year following the local
school board general election date described in Subsection (3)(a)(i), except as that date is
changed by the mutual agreement of:
(i) the local school board of the existing district;
(ii) the local school board of the remaining district; and
(iii) the local school board of the new district.
(c) The existing district shall complete the transfer of all property not included in
Subsection (7)(b) by November 1 of the second calendar year after the local school board
general election date described in Subsection (3)(a)(i).
(8) Except as provided in Subsections (6) and (7), after the creation election date an
existing school district may not transfer or agree to transfer title to district property without the
prior consent of:
(a) the legislative body of the city in which the new district is located, for a new district
located entirely within a single city; or
(b) the legislative bodies of all interlocal agreement participants, for each other new
district.
(9) This section does not apply to the creation of a new district initiated through a
citizens' initiative petition or at the request of a local school board under Section [
53A-2-118
]
53G-3-301
.
Section 18. Section 
53G-3-303
, which is renumbered from Section 53A-2-118.2 is
renumbered and amended to read:
[
53A-2-118.2
].
 53G-3-303.
New school district property tax -- Limitations.
(1) (a) A new school district created under Section [
53A-2-118.1
] 
53G-3-302
 may not
impose a property tax prior to the fiscal year in which the new school district assumes
responsibility for providing student instruction.
(b) The remaining school district retains authority to impose property taxes on the
existing school district, including the territory of the new school district, until the fiscal year in
which the new school district assumes responsibility for providing student instruction.
(2) (a) If at the time a new school district created pursuant to Section [
53A-2-118.1
]
53G-3-302
 assumes responsibility for student instruction any portion of the territory within the
new school district was subject to a levy pursuant to Section [
53A-17a-133
] 
53F-8-301
, the
new school district's board may:
(i) discontinue the levy for the new school district;
(ii) impose a levy on the new school district as provided in Section [
53A-17a-133
]
53F-8-301
; or
(iii) impose the levy on the new school district, subject to Subsection (2)(b).
(b) If the new school district's board applies a levy to the new school district pursuant
to Subsection (2)(a)(iii), the levy may not exceed the maximum duration or rate authorized by
the voters of the existing district or districts at the time of the vote to create the new school
district.
Section 19. Section 
53G-3-304
, which is renumbered from Section 53A-2-118.4 is
renumbered and amended to read:
[
53A-2-118.4
].
 53G-3-304.
Property tax levies in new district and remaining
district -- Distribution of property tax revenue.
(1) [
As
] 
Notwithstanding terms defined in Section 
53G-3-102
, as
 used in this section:
(a) "Divided school district" or "existing district" means a school district from which a
new district is created.
(b) "New district" means a school district created under Section [
53A-2-118.1
]
53G-3-302
 after May 10, 2011.
(c) "Property tax levy" means a property tax levy that a school district is authorized to
impose, except:
(i) the minimum basic rate imposed under Section [
53A-17a-135
] 
53F-2-301
;
(ii) a debt service levy imposed under Section 
11-14-310
; or
(iii) a judgment levy imposed under Section 
59-2-1330
.
(d) "Qualifying taxable year" means the calendar year in which a new district begins to
provide educational services.
(e) "Remaining district" means an existing district after the creation of a new district.
(2) A new district and remaining district shall continue to impose property tax levies
that were imposed by the divided school district in the taxable year prior to the qualifying
taxable year.
(3) Except as provided in Subsection (6), a property tax levy that a new district and
remaining district are required to impose under Subsection (2) shall be set at a rate that:
(a) is uniform in the new district and remaining district; and
(b) generates the same amount of revenue that was generated by the property tax levy
within the divided school district in the taxable year prior to the qualifying taxable year.
(4) (a) Except as provided in Subsection (4)(b), the county treasurer of the county in
which a property tax levy is imposed under Subsection (2) shall distribute revenues generated
by the property tax levy to the new district and remaining district in proportion to the
percentage of the divided school district's enrollment on the October 1 prior to the new district
commencing educational services that were enrolled in schools currently located in the new
district or remaining district.
(b) The county treasurer of a county of the first class shall distribute revenues
generated by a capital local levy of .0006 that a school district in a county of the first class is
required to impose under Section [
53A-16-113
] 
53F-8-303
 in accordance with the distribution
method specified in Section 
53A-16-114
.
(5) On or before March 31, a county treasurer shall distribute revenues generated by a
property tax levy imposed under Subsection (2) in the prior calendar year to a new district and
remaining district as provided in Subsection (4).
(6) (a) Subject to the notice and public hearing requirements of Section 
59-2-919
, a
new district or remaining district may set a property tax rate higher than the rate required by
Subsection (3), up to:
(i) the maximum rate, if any, allowed by law; or
(ii) the maximum rate authorized by voters for a voted local levy under Section
[
53A-17a-133
] 
53F-8-301
.
(b) The revenues generated by the portion of a property tax rate in excess of the rate
required by Subsection (3) shall be retained by the district that imposes the higher rate.
Section 20. Section 
53G-3-305
, which is renumbered from Section 53A-2-119 is
renumbered and amended to read:
[
53A-2-119
].
 53G-3-305.
Reapportionment -- Local school board
membership.
(1) Upon the creation of a new school district, the county legislative body shall
reapportion the affected school districts pursuant to Section 
20A-14-201
.
(2) Except as provided in Section [
53A-2-118.1
] 
53G-3-302
, school board membership
in the affected school districts shall be determined under Title 20A, Chapter 14, Part 2,
Election of Members of Local Boards of Education.
Section 21. Section 
53G-3-306
, which is renumbered from Section 53A-2-120 is
renumbered and amended to read:
[
53A-2-120
].
 53G-3-306.
Transfer of school property to new school
district.
(1) (a) (i) On July 1 of the year following the school board elections for a new district
created pursuant to a citizens' initiative petition or school board request under Section
[
53A-2-118
] 
53G-3-301
 and an existing district as provided in Section [
53A-2-119
]
53G-3-305
, the board of the existing district shall convey and deliver to the board of the new
district all school property which the new district is entitled to receive.
(ii) Any disagreements as to the disposition of school property shall be resolved by the
county legislative body.
(iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams
about the proper allocation of property under Subsection [
53A-2-118.1
] 
53G-3-302
(4).
(b) An existing district shall transfer property to a new district created under Section
[
53A-2-118.1
] 
53G-3-302
 in accordance with Section [
53A-2-118.1
] 
53G-3-302
.
(2) Title vests in the new school board, including all rights, claims, and causes of
action to or for the property, for the use or the income from the property, for conversion,
disposition, or withholding of the property, or for any damage or injury to the property.
(3) The new school board may bring and maintain actions to recover, protect, and
preserve the property and rights of the district's schools and to enforce contracts.
Section 22. Section 
53G-3-307
, which is renumbered from Section 53A-2-121 is
renumbered and amended to read:
[
53A-2-121
].
 53G-3-307.
Tax to pay for indebtedness of divided school
district.
(1) (a) For a new district created prior to May 10, 2011, the local school boards of the
remaining and new districts shall determine the portion of the divided school district's bonded
indebtedness and other indebtedness for which the property within the new district remains
subject to the levy of taxes to pay a proportionate share of the divided school district's
outstanding indebtedness.
(b) The proportionate share of the divided school district's outstanding indebtedness for
which property within the new district remains subject to the levy of taxes shall be calculated
by determining the proportion that the total assessed valuation of the property within the new
district bears to the total assessed valuation of the divided school district:
(i) in the year immediately preceding the date the new district was created; or
(ii) at a time mutually agreed upon by the local school boards of the new district and
the remaining district.
(c) The agreement reflecting the determinations made under this Subsection (1) shall
take effect upon being filed with the county legislative body and the State Board of Education.
(2) (a) Except as provided in Subsection (2)(b), the local school board of a new district
created prior to May 10, 2011 shall levy a tax on property within the new district sufficient to
pay the new district's proportionate share of the indebtedness determined under Subsection (1).
(b) If a new district has money available to pay the new district's proportionate share of
the indebtedness determined under Subsection (1), the new district may abate a property tax to
the extent of money available.
(3) As used in Subsections (4) and (5), "outstanding bonded indebtedness" means debt
owed for a general obligation bond issued by the divided school district:
(a) prior to the creation of the new district; or
(b) in accordance with a mutual agreement of the local school boards of the remaining
and new districts under Subsection (6).
(4) If a new district is created on or after May 10, 2011, property within the new
district and the remaining district is subject to the levy of a tax to pay the divided school
district's outstanding bonded indebtedness as provided in Subsection (5).
(5) (a) Except as provided in Subsection (5)(b), the local school board of the new
district and the local school board of the remaining district shall impose a tax levy at a rate that:
(i) generates from the combined districts the amount of revenue required each year to
meet the outstanding bonded indebtedness of the divided school district; and
(ii) is uniform within the new district and remaining district.
(b) A local school board of a new district may abate a property tax required to be
imposed under Subsection (5)(a) to the extent the new district has money available to pay to
the remaining district the amount of revenue that would be generated within the new district
from the tax rate specified in Subsection (5)(a).
(6) (a) The local school boards of the remaining and new districts shall determine by
mutual agreement the disposition of bonds approved but not issued by the divided school
district before the creation of the new district based primarily on the representation made to the
voters at the time of the bond election.
(b) Before a determination is made under Subsection (6)(a), a remaining district may
not issue bonds approved but not issued before the creation of the new district if property in the
new district would be subject to the levy of a tax to pay the bonds.
Section 23. Section 
53G-3-308
, which is renumbered from Section 53A-2-122 is
renumbered and amended to read:
[
53A-2-122
].
 53G-3-308.
Employees of a new district.
(1) Upon the creation of a new district:
(a) an employee of an existing district who is employed at a school that is transferred to
the new district shall become an employee of the new district; and
(b) the school board of the new district shall:
(i) have discretion in the hiring of all other staff;
(ii) adopt the personnel policies and practices of the existing district, including salary
schedules and benefits; and
(iii) enter into agreements with employees of the new district, or their representatives,
that have the same terms as those in the negotiated agreements between the existing district and
its employees.
(2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
district is created who becomes an employee of the new district shall retain the same status as a
career or provisional employee with accrued seniority and accrued benefits.
(b) Subsection (2)(a) applies to:
(i) employees of an existing district who are transferred to a new district pursuant to
Subsection (1)(a); and
(ii) employees of a school district from which a new district is created who are hired by
the new district within one year of the date of the creation of the new district.
(3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
is rehired by the existing district within one year of the date of the creation of the new district
shall, when rehired by the existing district, retain the same status as a career or provisional
employee with accrued seniority and accrued benefits.
Section 24. Section 
53G-3-401
, which is renumbered from Section 53A-2-102 is
renumbered and amended to read:
Part 4. Consolidating School Districts
[
53A-2-102
].
 53G-3-401.
Consolidation of school districts -- Resolution by
school board members -- Petition by electors -- Election.
(1) Two or more school districts may unite and form a single school district in one of
the following ways:
(a) a majority of the members of each of the boards of education of the affected
districts shall approve and present to the county legislative body of the affected counties a
resolution to consolidate the districts. Once this is done, consolidation shall be established
under this chapter; or
(b) a majority of the members of the board of education of each affected district, or
15% of the qualified electors in each of the affected districts, shall sign and present a petition to
the county legislative body of each affected county. The question shall be voted upon at an
election called for that purpose, which shall be the next general or municipal election.
Consolidation shall occur if a majority of those voting on the question in each district favor
consolidation.
(2) The elections required under Subsection (1)(b) shall be conducted and the returns
canvassed as provided by election laws.
Section 25. Section 
53G-3-402
, which is renumbered from Section 53A-2-103 is
renumbered and amended to read:
[
53A-2-103
].
 53G-3-402.
Transfer of property to new school district --
Rights and obligations of new school board -- Outstanding indebtedness -- Special tax.
(1) On July 1 following the approval of the creation of a new school district under
Section [
53A-2-102
] 
53G-3-401
, the local school boards of the former districts shall convey
and deliver all school property to the local school board of the new district. Title vests in the
new board. All rights, claims, and causes of action to or for the property, for the use or the
income from the property, for conversion, disposition, or withholding of the property, or for
any damage or injury to the property vest at once in the new board.
(2) The new board may bring and maintain actions to recover, protect, and preserve the
property and rights of the district schools and to enforce contracts.
(3) The new board shall assume and be liable for all outstanding debts and obligations
of each of the former school districts.
(4) All of the bonded indebtedness, outstanding debts, and obligations of a former
district, which cannot be reasonably paid from the assets of the former district, shall be paid by
a special tax levied by the new board as needed. The tax shall be levied upon the property
within the former district which was liable for the indebtedness at the time of consolidation. If
bonds are approved in the new district under Section [
53A-18-102
] 
53G-4-603
, the special tax
shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness of
the new district.
(5) Bonded indebtedness of a former district which has been refunded shall be paid in
the same manner as that which the new district assumes under Section [
53A-18-101
]
53G-4-602
.
(6) State funds received by the new district under Section [
53A-21-202
] 
53F-3-202
may be applied toward the payment of outstanding bonded indebtedness of a former district in
the same proportion as the bonded indebtedness of the territory within the former district bears
to the total bonded indebtedness of the districts combined.
Section 26. Section 
53G-3-403
, which is renumbered from Section 53A-2-113 is
renumbered and amended to read:
[
53A-2-113
].
 53G-3-403.
School district consolidation -- State funding of
consolidated districts.
When districts consolidate, payments made by the state under [
Title 53A, Chapter 17a,
Minimum School Program Act
] 
Title 53F, Public Education System -- Funding
 , shall continue
for a period of five years from the date of consolidation on the same basis as if no
consolidation had occurred. At the end of the five-year period, the consolidated district shall
receive funding as a single district.
Section 27. Section 
53G-3-404
, which is renumbered from Section 53A-2-114 is
renumbered and amended to read:
[
53A-2-114
].
 53G-3-404.
Additional levies -- School board options to
abolish or continue after consolidation.
(1) If a school district that has approved an additional levy under Section
[
53A-17a-133
] 
53F-8-301
 is consolidated with a district which does not have such a levy, the
board of education of the consolidated district may choose to abolish the levy, or apply it in
whole or in part to the entire consolidated district.
(2) If the board chooses to apply any part of the levy to the entire district, the levy may
continue in force for no more than three years, unless approved by the electors of the
consolidated district in the manner set forth in Section [
53A-17a-133
] 
53F-8-301
.
Section 28. Section 
53G-3-501
, which is renumbered from Section 53A-2-104 is
renumbered and amended to read:
Part 5. Restructuring a School District
[
53A-2-104
].
 53G-3-501.
Transfer of a portion of a school district -- Board
resolution -- Board petition -- Elector petition -- Transfer election.
(1) Part of a school district may be transferred to another district in one of the
following ways:
(a) presentation to the county legislative body of each of the affected counties of a
resolution requesting the transfer, approved by at least four-fifths of the members of the local
board of education of each affected school district;
(b) presentation to the county legislative body of each affected county of a petition
requesting that the electors vote on the transfer, signed by a majority of the members of the
local school board of each affected school district; or
(c) presentation to the county legislative body of each affected county of a petition
requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
of the affected school districts within that county.
(2) (a) If an annexation of property by a city would result in its residents being served
by more than one school district, then the presidents of the affected local school boards shall
meet within 60 days prior to the effective date of the annexation to determine whether it would
be advisable to adjust school district boundaries to permit all residents of the expanded city to
be served by a single school district.
(b) Upon conclusion of the meeting, the local school board presidents shall prepare a
recommendation for presentation to their respective boards as soon as reasonably possible.
(c) The boards may then initiate realignment proceedings under Subsection (1)(a) or
(b).
(d) If a local board rejects realignment under Subsection (1)(a) or (b), the other board
may initiate the following procedures by majority vote within 60 days of the vote rejecting
realignment:
(i) (A) within 30 days after a vote to initiate these procedures, each local board shall
appoint one member to a boundary review committee; or
(B) if the local board becomes deadlocked in selecting the appointee under Subsection
(2)(d)(i)(A), the board's chair shall make the appointment or serve as the appointee to the
review committee.
(ii) The two local board-appointed members of the committee shall meet and appoint a
third member of the committee.
(iii) If the two local board-appointed members are unable to agree on the appointment
of a third member within 30 days after both are appointed, the State Superintendent of Public
Instruction shall appoint the third member.
(iv) The committee shall meet as necessary to prepare recommendations concerning
resolution of the realignment issue, and shall submit the recommendations to the affected local
boards within six months after the appointment of the third member of the committee.
(v) If a majority of the members of each local board accepts the recommendation of the
committee, or accepts the recommendation after amendment by the boards, then the accepted
recommendation shall be implemented.
(vi) If the committee fails to submit its recommendation within the time allotted, or if
one local board rejects the recommendation, the affected boards may agree to extend the time
for the committee to prepare an acceptable recommendation or either board may request the
State Board of Education to resolve the question.
(vii) If the committee has submitted a recommendation which the state board finds to
be reasonably supported by the evidence, the state board shall adopt the committee's
recommendation.
(viii) The decision of the state board is final.
(3) (a) The electors of each affected district shall vote on the transfer requested under
Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
election.
(b) The election shall be conducted and the returns canvassed as provided by election
law.
(c) A transfer is effected only if a majority of votes cast by the electors in both the
proposed transferor district and in the proposed transferee district are in favor of the transfer.
Section 29. Section 
53G-3-502
, which is renumbered from Section 53A-2-105 is
renumbered and amended to read:
[
53A-2-105
].
 53G-3-502.
Transfer of school property -- Indebtedness on
transferred property.
(1) If a transfer of a portion of one school district to another school district is approved
under Section [
53A-2-104
] 
53G-3-501
, the state superintendent and the superintendents and
presidents of the boards of education of each of the affected school districts shall determine the
basis for a transfer of all school property reasonably and fairly allocable to that portion being
transferred.
(2) (a) Title to property transferred vests in the transferee board of education.
(b) The transfer of a school building that is in operation at the time of determination
shall be made at the close of a fiscal year.
(c) The transfer of all other school property shall be made five days after approval of
the transfer of territory under Section [
53A-2-104
] 
53G-3-501
.
(3) (a) The individuals referred to in Subsection (1) shall determine the portion of
bonded indebtedness and other indebtedness of the transferor board for which the transferred
property remains subject to the levy of taxes to pay a proportionate share of the outstanding
indebtedness of the transferor board.
(b) This is done by:
(i) determining the amount of the outstanding bonded indebtedness and other
indebtedness of the transferor board of education;
(ii) determining the total taxable value of the property of the transferor district and the
taxable value of the property to be transferred; and
(iii) calculating the portion of the indebtedness of the transferor board for which the
transferred portion retains liability.
(4) (a) The agreement reflecting these determinations takes effect upon being filed with
the State Board of Education.
(b) The transferred property remains subject to the levy of taxes to pay a proportionate
share of the outstanding indebtedness of the transferor school board.
(c) The transferee school board may assume the obligation to pay the proportionate
share of the transferor school board's indebtedness that has been determined under Subsection
(3) to be the obligation of the transferred portion by the approval of a resolution by a majority
of the qualified electors of the transferee school district at an election called and held for that
purpose under Title 11, Chapter 14, Local Government Bonding Act.
(5) If the transferee school district assumes the obligation to pay this proportionate
share of the transferor school board's indebtedness, the transferee school board shall levy a tax
in the whole of the transferee district, including the transferred portion, sufficient to pay the
assumed indebtedness, and shall turn over the proceeds of the tax to the business administrator
of the transferor board.
(6) If the transferee school board does not assume this obligation, the transferee school
board shall levy a tax on the transferred territory sufficient to pay the proportionate share of the
indebtedness determined under this section, and shall turn over the proceeds of the tax to the
business administrator of the transferor board.
(7) For the purposes of school districts affected by repealed laws governing the
annexation of an unincorporated area of a school district by a city which included what was
formerly known as a city school district, transitions of unincorporated areas and property from
the transferor district to the transferee district in progress on the effective date of this act shall
revert to the boundaries and ownership prior to the initiation of annexation and may then
proceed under this section and Section [
53A-2-104
] 
53G-3-501
.
Section 30. Section 
53G-3-503
, which is renumbered from Section 53A-2-115 is
renumbered and amended to read:
[
53A-2-115
].
 53G-3-503.
Additional levies in transferred territory --
Transferee board option to abolish or continue.
If two or more districts undergo restructuring that results in a district receiving territory
that increases the population of the district by at least 25%, and if the transferred territory was,
at the time of transfer, subject to an additional levy under Section [
53A-17a-133
] 
53F-8-301
,
the board of education of the transferee district may abolish the levy or apply the levy in whole
or in part to the entire restructured district. Any such levy made applicable to the entire district
may continue in force for no more than five years, unless approved by the electors of the
restructured district in the manner set forth in Section [
53A-17a-133
] 
53F-8-301
.
Section 31. Section 
53G-4-101
 is enacted to read:
CHAPTER 4. SCHOOL DISTRICTS
Part 1. General Provisions
 53G-4-101.
Title.
This chapter is known as "School Districts."
Section 32. Section 
53G-4-102
 is enacted to read:
 53G-4-102.
Definitions.
Reserved
Section 33. Section 
53G-4-201
, which is renumbered from Section 53A-3-101 is
renumbered and amended to read:
Part 2. Local School Board Organization and Meetings
[
53A-3-101
].
 53G-4-201.
Selection and election of members to local boards
of education.
Members of local boards of education shall be elected as provided in Title 20A,
Chapter 14, Nomination and Election of State and Local School Boards.
Section 34. Section 
53G-4-202
, which is renumbered from Section 53A-3-106 is
renumbered and amended to read:
[
53A-3-106
].
 53G-4-202.
Local school board meetings -- Rules of order
and procedure -- Location requirements -- Expulsion of members prohibited --
Exceptions.
(1) As used in this section:
(a) "Disaster" means an event that:
(i) causes, or threatens to cause, loss of life, human suffering, public or private property
damage, or economic or social disruption resulting from attack, internal disturbance, natural
phenomenon, or technological hazard; and
(ii) requires resources that are beyond the scope of local agencies in routine responses
to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
require a response by a governmental, not-for-profit, or private entity.
(b) "Local emergency" means a condition in any municipality or county of the state that
requires that emergency assistance be provided by the affected municipality or county or
another political subdivision to save lives and protect property within its jurisdiction in
response to a disaster or to avoid or reduce the threat of a disaster.
(c) "Rules of order and procedure" means a set of rules that governs and prescribes in a
public meeting:
(i) parliamentary order and procedure;
(ii) ethical behavior; and
(iii) civil discourse.
(2) Subject to Subsection (4), a local school board [
or charter school governing board
]
shall:
(a) adopt rules of order and procedure to govern a public meeting of the local school
board;
(b) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (2)(a); and
(c) make the rules of order and procedure described in Subsection (2)(a) available to
the public:
(i) at each public meeting of the local school board; and
(ii) on the local school board's public website, if available.
(3) (a) Except as provided in Subsections (3)(b) and (c), a local school board may not
hold a public meeting outside of the geographic boundary of the local school board's school
district.
(b) A local school board may hold a public meeting outside of the geographic boundary
of the local school board's school district if it is necessary for the local school board to hold a
meeting during a disaster or local emergency.
(c) A local school board may hold a public meeting outside of the geographic boundary
of the local school board's school district to conduct a site visit if:
(i) the location of the site visit provides the local school board members the
opportunity to see or experience an activity that:
(A) relates to the local school board's responsibilities; and
(B) does not exist within the geographic boundaries of the local school board's school
district; and
(ii) the local school board does not vote or take other action during the public meeting
held at the site visit location.
(d) This Subsection (3) does not apply to a charter school governing board.
(4) The requirements of this section do not affect a local school [
board or charter
school governing
] board's duty to comply with Title 52, Chapter 4, Open and Public Meetings
Act.
(5) (a) Except as provided in Subsection (5)(b), a local school board may not expel a
member of the school board from an open public meeting or prohibit the member from
attending an open public meeting.
(b) Except as provided in Subsection (5)(c), following a two-thirds vote of the
members of the local school board, the local school board may fine or expel a member of the
local school board for:
(i) disorderly conduct at the open public meeting;
(ii) a member's direct or indirect financial conflict of interest regarding an issue
discussed at or action proposed to be taken at the open public meeting; or
(iii) a commission of a crime during the open public meeting.
(c) A local school board may adopt rules or ordinances that expand the reasons or
establish more restrictive procedures for the expulsion of a member from a public meeting.
Section 35. Section 
53G-4-203
, which is renumbered from Section 53A-3-201 is
renumbered and amended to read:
[
53A-3-201
].
 53G-4-203.
Election of officers -- Terms -- Time of election --
Removal of officers -- Quorum requirements.
(1) A local school board shall elect a president and a vice-president whose terms of
office are for two years and until their successors are elected.
(2) The elections shall be held during the first board meeting in January following a
regular school board election held in the district.
(3) An officer appointed or elected by a local school board may be removed from
office for cause by a vote of two-thirds of the board.
(4) When a vacancy occurs in the office of president or vice president of the board for
any reason, a replacement shall be elected for the unexpired term.
(5) Attendance of a simple majority of the board members constitutes a quorum for the
transaction of official business.
Section 36. Section 
53G-4-204
, which is renumbered from Section 53A-3-202 is
renumbered and amended to read:
[
53A-3-202
].
 53G-4-204.
Compensation for services -- Additional per diem
-- Approval of expenses.
(1) Each member of a local school board, except the student member, shall receive
compensation for services and for necessary expenses in accordance with board compensation
schedules adopted by the local school board in accordance with the provisions of this section.
(2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its
board compensation schedules, the board shall set a time and place for a public hearing at
which all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be provided at least
seven days prior to the meeting by:
(a) (i) publication at least once in a newspaper published in the county where the
school district is situated and generally circulated within the school district; and
(ii) publication on the Utah Public Notice Website created in Section 
63F-1-701
; and
(b) posting a notice:
(i) at each school within the school district;
(ii) in at least three other public places within the school district; and
(iii) on the Internet in a manner that is easily accessible to citizens that use the Internet.
(4) After the conclusion of the public hearing, the local school board may adopt or
amend its board compensation schedules.
(5) Each member shall submit an itemized account of necessary travel expenses for
board approval.
(6) A local school board may, without following the procedures described in
Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to
July 1, 2007 until, at the discretion of the board, the compensation schedule is amended or a
new compensation schedule is adopted.
Section 37. Section 
53G-4-205
, which is renumbered from Section 53A-3-204 is
renumbered and amended to read:
[
53A-3-204
].
 53G-4-205.
Duties of president.
(1) The president of each local school board shall preside at all meetings of the board,
appoint all committees, and sign all warrants ordered by the board to be drawn upon the
business administrator for school money.
(2) If the president is absent or acquires a disability, these duties are performed by the
vice president.
Section 38. Section 
53G-4-301
, which is renumbered from Section 53A-3-301 is
renumbered and amended to read:
Part 3. Local School Board Administrative Officers
[
53A-3-301
].
 53G-4-301.
Superintendent of schools -- Appointment --
Qualifications -- Term -- Compensation.
(1) Subject to Subsection (8), a local school board shall appoint a district
superintendent of schools who serves as the local school board's chief executive officer.
(2) A local school board shall appoint the superintendent on the basis of outstanding
professional qualifications.
(3) (a) A superintendent's term of office is for two years and until, subject to
Subsection (8), a successor is appointed and qualified.
(b) A local school board that appoints a superintendent in accordance with this section
may not, on or after May 10, 2011, enter into an employment contract that contains an
automatic renewal provision with the superintendent.
(4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (8),
if it becomes necessary to appoint an interim superintendent due to a vacancy in the office of
superintendent, the local school board shall make an appointment during a public meeting for
an indefinite term not to exceed one year, which term shall end upon the appointment and
qualification of a new superintendent.
(5) (a) The superintendent shall hold an administrative/supervisory license issued by
the State Board of Education, except as otherwise provided in Subsection (5)(b).
(b) At the request of a local school board, the State Board of Education shall grant a
letter of authorization permitting a person with outstanding professional qualifications to serve
as superintendent without holding an administrative/supervisory license.
(6) A local school board shall set the superintendent's compensation for services.
(7) A superintendent qualifies for office by taking the constitutional oath of office.
(8) (a) As used in this Subsection (8), "interim vacancy period" means the period of
time that:
(i) begins on the day on which a general election described in Section 
20A-1-202
 is
held to elect a member of a local school board; and
(ii) ends on the day on which the member-elect begins the member's term.
(b) (i) The local school board may not appoint a superintendent during an interim
vacancy period.
(ii) Notwithstanding Subsection (8)(b)(i):
(A) the local school board may appoint an interim superintendent during an interim
vacancy period; and
(B) the interim superintendent's term shall expire once a new superintendent is
appointed by the new local school board after the interim vacancy period has ended.
(c) Subsection (8)(b) does not apply if all the local school board members who held
office on the day of the general election whose term of office was vacant for the election are
re-elected to the local school board for the following term.
Section 39. Section 
53G-4-302
, which is renumbered from Section 53A-3-302 is
renumbered and amended to read:
[
53A-3-302
].
 53G-4-302.
Business administrator -- Term -- Oath.
(1) Subject to Subsection (5), a local school board shall appoint a business
administrator.
(2) (a) The business administrator's term of office is for two years and until, subject to
Subsection (5), a successor is appointed and qualified.
(b) A local school board that appoints a business administrator in accordance with this
section may not, on or after May 8, 2012, enter into an employment contract that contains an
automatic renewal provision with the business administrator.
(3) Unless a vacancy occurs during an interim vacancy period subject to Subsection
(5), if it becomes necessary to appoint an interim business manager due to a vacancy in the
office of business administrator, then the local school board shall make an appointment during
a public meeting for an indefinite term not to exceed one year, which term shall end upon the
appointment and qualification of a new business manager.
(4) The business administrator qualifies for office by taking the constitutional oath of
office.
(5) (a) As used in this Subsection (5), "interim vacancy period" means the period of
time that:
(i) begins on the day on which a general election described in Section 
20A-1-202
 is
held to elect a member of a local school board; and
(ii) ends on the day on which the member-elect begins the member's term.
(b) (i) A local school board may not appoint a business administrator during an interim
vacancy period.
(ii) Notwithstanding Subsection (5)(b)(i):
(A) the local school board may appoint an interim business administrator during an
interim vacancy period; and
(B) the interim business administrator's term shall expire once a new business
administrator is appointed by the new local school board after the interim vacancy period has
ended.
(c) Subsection (5)(b) does not apply if all the local school board members who held
office on the day of the general election whose term of office was vacant for the election are
reelected to the local school board for the following term.
Section 40. Section 
53G-4-303
, which is renumbered from Section 53A-3-303 is
renumbered and amended to read:
[
53A-3-303
].
 53G-4-303.
Duties of business administrator.
Subject to the direction of the district superintendent of schools, the district's business
administrator shall:
(1) attend all meetings of the board, keep an accurate record of its proceedings, and
have custody of the seal and records;
(2) be custodian of all district funds, be responsible and accountable for all money
received and disbursed, and keep accurate records of all revenues received and their sources;
(3) countersign with the president of the board all warrants and claims against the
district as well as other legal documents approved by the board;
(4) prepare and submit to the board each month a written report of the district's receipts
and expenditures;
(5) use uniform budgeting, accounting, and auditing procedures and forms approved by
the State Board of Education, which shall be in accordance with generally accepted accounting
principles or auditing standards and Title 63J, Chapter 1, Budgetary Procedures Act;
(6) prepare and submit to the board a detailed annual statement for the period ending
June 30, of the revenue and expenditures, including beginning and ending fund balances;
(7) assist the superintendent in the preparation and submission of budget documents
and statistical and fiscal reports required by law or the State Board of Education;
(8) insure that adequate internal controls are in place to safeguard the district's funds;
and
(9) perform other duties as the superintendent may require.
Section 41. Section 
53G-4-304
, which is renumbered from Section 53A-3-304 is
renumbered and amended to read:
[
53A-3-304
].
 53G-4-304.
Other board officers.
(1) A board may appoint other necessary officers who serve at the pleasure of the
board.
(2) These officers shall qualify by taking the constitutional oath of office before
assuming office.
Section 42. Section 
53G-4-401
, which is renumbered from Section 53A-3-401 is
renumbered and amended to read:
Part 4. Local School Board Powers and Miscellaneous Duties
[
53A-3-401
].
 53G-4-401.
Boards of education are bodies corporate -- Seal
-- Authority to sue -- Conveyance of property -- Duty to residents of the local school
board member's district -- Establishment of public education foundation .
(1) As used in this section, "body corporate" means a public corporation and legal
subdivision of the state, vested with the powers and duties of a government entity as specified
in this chapter.
(2) The board of education of a school district is a body corporate under the name of
the "Board of Education of .......... School District" (inserting the proper name), and shall have
an official seal conformable to its name.
(3) The seal is used by its business administrator in the authentication of all required
matters.
(4) A local school board may sue and be sued, and may take, hold, lease, sell, and
convey real and personal property as the interests of the schools may require.
(5) Notwithstanding a local school board's status as a body corporate, an elected
member of a local school board serves and represents the residents of the local school board
member's district, and that service and representation may not be restricted or impaired by the
local school board member's membership on, or obligations to, the local school board.
(6) A local school board may establish a foundation in accordance with Section
53E-3-403
.
Section 43. Section 
53G-4-402
, which is renumbered from Section 53A-3-402 is
renumbered and amended to read:
[
53A-3-402
].
 53G-4-402.
Powers and duties generally.
(1) A local school board shall:
(a) implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation requirements;
(b) administer tests, required by the State Board of Education, which measure the
progress of each student, and coordinate with the state superintendent and State Board of
Education to assess results and create plans to improve the student's progress, which shall be
submitted to the State Board of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State Board of Education to establish a library of documented best
practices, consistent with state and federal regulations, for use by the local districts; and
(f) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects.
(2) Local school boards shall spend minimum school program funds for programs and
activities for which the State Board of Education has established minimum standards or rules
under Section [
53A-1-402
] 
53E-3-501
.
(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution
affirmed by at least two-thirds of the members.
(4) (a) A board may participate in the joint construction or operation of a school
attended by children residing within the district and children residing in other districts either
within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(5) A board may establish, locate, and maintain elementary, secondary, and applied
technology schools.
(6) Except as provided in Section [
53A-1-1004
] 
53E-3-905
, a board may enroll
children in school who are at least five years of age before September 2 of the year in which
admission is sought.
(7) A board may establish and support school libraries.
(8) A board may collect damages for the loss, injury, or destruction of school property.
(9) A board may authorize guidance and counseling services for children and their
parents or guardians before, during, or following enrollment of the children in schools.
(10) (a) A board shall administer and implement federal educational programs in
accordance with Title [
53A, Chapter 1, Part 9
] 
53E, Chapter 3, Part 8
, Implementing Federal or
National Education Programs [
Act
].
(b) Federal funds are not considered funds within the school district budget under
[
Title 53A, Chapter 19, Public School
] 
Chapter 7, Part 3,
 Budgets. 
(11) (a) A board may organize school safety patrols and adopt rules under which the
patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A board may on its own behalf, or on behalf of an educational institution for
which the board is the direct governing body, accept private grants, loans, gifts, endowments,
devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A board may appoint and fix the compensation of a compliance officer to issue
citations for violations of Subsection 
76-10-105
(2).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A board shall adopt bylaws and rules for the board's own procedures.
(15) (a) A board shall make and enforce rules necessary for the control and
management of the district schools.
(b) Board rules and policies shall be in writing, filed, and referenced for public access.
(16) A board may hold school on legal holidays other than Sundays.
(17) (a) A board shall establish for each school year a school traffic safety committee to
implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade six, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
its duties under Subsection (17)(c).
(18) (a) A school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the school board's public schools, on school
grounds, on its school vehicles, and in connection with school-related activities or events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under [
Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans
] 
Chapter
11, Part 2, Miscellaneous Requirements
; 
(iii) require inservice training for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent or guardian.
(c) The State Board of Education, through the state superintendent of public
instruction, shall develop comprehensive emergency response plan models that local school
boards may use, where appropriate, to comply with Subsection (18)(a).
(d) A local school board shall, by July 1 of each year, certify to the State Board of
Education that its plan has been practiced at the school level and presented to and reviewed by
its teachers, administrators, students, and their parents and local law enforcement and public
safety representatives.
(19) (a) A local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require inservice training on the emergency response plan for school personnel who
are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
review the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public
instruction, shall provide local school boards with an emergency plan response model that local
boards may use to comply with the requirements of this Subsection (19).
(20) A board shall do all other things necessary for the maintenance, prosperity, and
success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a board shall:
(i) hold a public hearing, as defined in Section 
10-9a-103
; and
(ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) date, time, and location of the public hearing; and
(ii) at least 10 days before the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section 
63F-1-701
; and
(B) posted in at least three public locations within the municipality or on the district's
official website.
(22) A board may implement a facility energy efficiency program established under
Title 11, Chapter 44, Performance Efficiency Act.
(23) A board may establish or partner with a certified youth court program, in
accordance with Section 
78A-6-1203
, or establish or partner with a comparable restorative
justice program, in coordination with schools in that district. A school may refer a student to
youth court or a comparable restorative justice program in accordance with Section
[
53A-11-911
] 
53G-8-211
.
Section 44. Section 
53G-4-403
, which is renumbered from Section 53A-3-403 is
renumbered and amended to read:
[
53A-3-403
].
 53G-4-403.
School district fiscal year -- Statistical reports.
(1) A school district's [
or charter school's
] fiscal year begins on July 1 and ends on June
30.
(2) (a) A school district [
or charter school
] shall forward statistical reports for the
preceding school year, containing items required by law or by the State Board of Education, to
the state superintendent on or before November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete
the statement required under Subsection [
53A-1-301
] 
53E-3-301
(3)(d)(v).
(3) A school district [
or charter school
] shall forward the accounting report required
under Section 
51-2a-201
 to the state superintendent on or before October 15 of each year. 
Section 45. Section 
53G-4-404
, which is renumbered from Section 53A-3-404 is
renumbered and amended to read:
[
53A-3-404
].
 53G-4-404.
Annual financial report -- Audit report.
(1) The annual financial report of each school district, containing items required by law
or by the State Board of Education and attested to by independent auditors, shall be prepared as
required by Section 
51-2a-201
.
(2) If auditors are employed under Section 
51-2a-201
, the auditors shall complete their
field work in sufficient time to allow them to verify necessary audit adjustments included in the
annual financial report to the state superintendent.
(3) (a) (i) The district shall forward the annual financial report to the state
superintendent not later than October 1.
(ii) The report shall include information to enable the state superintendent to complete
the statement required under Subsection [
53A-1-301
] 
53E-3-301
(3)(d)(v).
(b) The State Board of Education shall publish electronically a copy of the report on
the Internet not later than December 15.
(4) The completed audit report shall be delivered to the school district board of
education and the state superintendent of public instruction not later than November 30 of each
year.
Section 46. Section 
53G-4-405
, which is renumbered from Section 53A-3-405 is
renumbered and amended to read:
[
53A-3-405
].
 53G-4-405.
Approval of purchases or indebtedness -- Board
approval of identified purchases.
(1) An officer or employee of a school district may not make a purchase or incur
indebtedness on behalf of the district without the approval and order of the board.
(2) The board shall adopt one of the following approval methods, or a combination of
the two:
(a) The board shall approve an appropriation for identified purchases in the district
budget. Each purchase made under an identified purchase does not require additional board
approval.
(b) The board shall approve individual purchases when made throughout the fiscal
year.
Section 47. Section 
53G-4-406
, which is renumbered from Section 53A-3-406 is
renumbered and amended to read:
[
53A-3-406
].
 53G-4-406.
Claims against the board -- Itemized.
Except for salary which is regularly authorized by the board, the board may not hear or
consider any claim against the board which is not itemized.
Section 48. Section 
53G-4-407
, which is renumbered from Section 53A-3-408 is
renumbered and amended to read:
[
53A-3-408
].
 53G-4-407.
Tax exemption of school board property.
(1) Real and personal property held by a local school board is exempt from general and
special taxation and from local assessments.
(2) This property may not be taken in any manner for debt.
Section 49. Section 
53G-4-408
, which is renumbered from Section 53A-3-412 is
renumbered and amended to read:
[
53A-3-412
].
 53G-4-408.
Residence not condition of employment.
A local school board may not require an employee to reside within its school district as
a condition of employment.
Section 50. Section 
53G-4-409
, which is renumbered from Section 53A-3-420 is
renumbered and amended to read:
[
53A-3-420
].
 53G-4-409.
Activity disclosure statements.
(1) [
For a school year beginning with or after the 2012-13 school year, a
] 
A
 local
school board shall require the development of activity disclosure statements for each
school-sponsored group or program which involves students and faculty in grades 9 through 12
in contests, performances, events, or other activities that require them to miss normal class time
or takes place outside regular school time.
(2) The activity disclosure statements shall be disseminated to the students desiring
involvement in the specific activity or to the students' parents or legal guardians or to both
students and their parents.
(3) An activity disclosure statement shall contain the following information:
(a) the specific name of the team, group, or activity;
(b) the maximum number of students involved;
(c) whether or not tryouts are used to select students, specifying date and time
requirements for tryouts, if applicable;
(d) beginning and ending dates of the activity;
(e) a tentative schedule of the events, performances, games, or other activities with
dates, times, and places specified if available;
(f) if applicable, designation of any nonseason events or activities, including an
indication of the status, required, expected, suggested, or optional, with the dates, times, and
places specified;
(g) personal costs associated with the activity;
(h) the name of the school employee responsible for the activity; and
(i) any additional information considered important for the students and parents to
know.
Section 51. Section 
53G-4-410
, which is renumbered from Section 53A-3-429 is
renumbered and amended to read:
[
53A-3-429
].
 53G-4-410.
Regional service centers.
(1) For purposes of this section, "eligible regional service center" means a regional
service center formed by two or more school districts as an interlocal entity, in accordance with
Title 11, Chapter 13, Interlocal Cooperation Act.
(2) The Legislature strongly encourages school districts to collaborate and cooperate to
provide educational services in a manner that will best utilize resources for the overall
operation of the public education system.
(3) An eligible regional service center formed by an interlocal agreement, in
accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
described in Subsection (5) if the Legislature appropriates money for eligible regional service
centers.
(4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
a regional service center in operation before July 1, 2011, the interlocal agreement may not
eliminate any rights or obligations of the regional service center in effect before entering into
the interlocal agreement.
(b) An interlocal agreement entered into to confirm or formalize an existing regional
service center shall have the effect of confirming and ratifying in the regional service center,
the title to any property held in the name, or for the benefit of the regional service center as of
the effective date of the interlocal agreement.
(5) (a) The State Board of Education shall distribute any funding appropriated to
eligible regional service centers as provided by the Legislature.
(b) The State Board of Education may provide funding to an eligible regional service
center in addition to legislative appropriations.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules regarding eligible regional service centers including:
(a) the distribution of legislative appropriations to eligible regional service centers;
(b) the designation of eligible regional service centers as agents to distribute Utah
Education and Telehealth Network services; and
(c) the designation of eligible regional service centers as agents for regional
coordination of public education and higher education services.
[
(7) A public school that is a charter school may enter into a contract with an eligible
regional service center to receive education related services from the eligible regional service
center.
]
Section 52. Section 
53G-4-411
, which is renumbered from Section 53A-3-432 is
renumbered and amended to read:
[
53A-3-432
].
 53G-4-411.
Interlocal agreement for public education
transportation services.
(1) In accordance with Title 11, Chapter 13, Interlocal Cooperation Act, at least two
school districts may, for the purpose of coordinating public education transportation services:
(a) create an interlocal entity as defined in Section 
11-13-103
 if the school districts
establish an interlocal entity governing board as described in Subsection (2); or
(b) enter into a joint or cooperative undertaking as described in Section 
11-13-207
 if
the school districts establish a joint board as described in Subsection (2).
(2) A governing board described in Subsection (1)(a) or a joint board described in
Subsection (1)(b) shall consist of:
(a) at least one elected member of a local school board from each school district that
creates the interlocal entity or enters into the joint or cooperative undertaking; and
(b) only elected members of the local school boards of the school districts that create
the interlocal entity or enter into the joint or cooperative undertaking.
Section 53. Section 
53G-4-501
 is enacted to read:
Part 5. Utah School Boards Association
 53G-4-501.
Definitions.
Reserved
Section 54. Section 
53G-4-502
, which is renumbered from Section 53A-5-101 is
renumbered and amended to read:
[
53A-5-101
].
 53G-4-502.
Utah School Boards Association.
The Utah School Boards Association is recognized as an organization and agency of the
school boards of Utah and is representative of those boards.
Section 55. Section 
53G-4-503
, which is renumbered from Section 53A-5-102 is
renumbered and amended to read:
[
53A-5-102
].
 53G-4-503.
Boards of education authorized to become
members of association.
The State Board of Education, local school boards, and their agencies may become
members of the Utah School Boards Association and cooperate with the association and its
members on activities and problems relating to the state's educational system.
Section 56. Section 
53G-4-504
, which is renumbered from Section 53A-5-103 is
renumbered and amended to read:
[
53A-5-103
].
 53G-4-504.
Payment of dues -- Expenses in attending
meetings -- Contributions.
(1) Member boards may pay dues and make other contributions to the association for
its educational activities.
(2) They may also incur reasonable travel and subsistence expenses for the purpose of
attending meetings and conferences of the association.
(3) Dues and contributions expenses shall be paid in the same manner as are other
expenses of the member boards.
Section 57. Section 
53G-4-601
 is enacted to read:
Part 6. School District Indebtedness
 53G-4-601.
Definitions.
Reserved
Section 58. Section 
53G-4-602
, which is renumbered from Section 53A-18-101 is
renumbered and amended to read:
[
53A-18-101
].
 53G-4-602.
School district tax anticipation notes.
(1) A local school board may borrow money in anticipation of the collection of taxes or
other revenue of the school district so long as it complies with Title 11, Chapter 14, Local
Government Bonding Act.
(2) The board may incur indebtedness under this section for any purpose for which
district funds may be expended, but not in excess of the estimated district revenues for the
current school year.
(3) Revenues include all revenues of the district from the state or any other source.
(4) The district may incur the indebtedness prior to imposing or collecting the taxes or
receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
Section 59. Section 
53G-4-603
, which is renumbered from Section 53A-18-102 is
renumbered and amended to read:
[
53A-18-102
].
 53G-4-603.
Additional indebtedness -- Election -- Voter
information pamphlet.
(1) As used in this section:
(a) "Qualifying general obligation bond" means a bond:
(i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
(ii) authorized by an election held on or after July 1, 2014.
(b) "Voter information pamphlet" means the notification required by Section
11-14-202
.
(2) A local school board may require the qualified electors of the district to vote on a
proposition as to whether to incur indebtedness, subject to conditions provided in Title 11,
Chapter 14, Local Government Bonding Act, if:
(a) the debts of the district are equal to school taxes and other estimated revenues for
the school year, and it is necessary to create and incur additional indebtedness in order to
maintain and support schools within the district; or
(b) the local school board determines it advisable to issue school district bonds to
purchase school sites, buildings, or furnishings or to improve existing school property.
(3) A local school board shall specify, in the voter information pamphlet for a bond
election, a plan of finance, including:
(a) the specific project or projects for which a bond is to be issued; and
(b) a priority designation for each project.
(4) Except as provided in Subsection (5), a local school board shall ensure that
qualifying general obligation bond proceeds are used to complete projects in accordance with
the plan of finance described in Subsection (3).
(5) (a) After distribution to the public of the voter information pamphlet, with
two-thirds majority approval of the local school board, a local school board may upon a
determination of compelling circumstances adjust the plan of finance described in Subsection
(3) by:
(i) changing the priority designation of a project;
(ii) adding a project that was not listed in the voter information pamphlet; or
(iii) removing a project that was listed in the voter information pamphlet.
(b) A local school board may not vote on more than one adjustment described in
Subsection (5)(a) per meeting.
(6) For a qualifying general obligation bond, a local school board shall post on the
local school board's website:
(a) the plan of finance as described in the voter information pamphlet; and
(b) a progress report detailing the status of the projects listed in the plan of finance,
including:
(i) the status of any construction contracts related to a project;
(ii) the bid amount;
(iii) the estimated and actual construction start date;
(iv) the estimated and actual construction end date; and
(v) the final cost.
(7) (a) If a local school board violates Subsection (4), a registered voter in the school
district may file an action for an extraordinary writ to prohibit the local school board from
adjusting the plan of finance without obtaining the necessary local school board approval.
(b) If a registered voter prevails in an action under Subsection (7)(a), the court shall
award reasonable costs and attorney fees to the registered voter.
(c) The action described in Subsection (7)(a) may not be used to challenge the validity
of a bond.
Section 60. Section 
53G-4-604
, which is renumbered from Section 53A-18-103 is
renumbered and amended to read:
[
53A-18-103
].
 53G-4-604.
Consolidated school district bonds.
(1) A consolidated county school district may issue bonds, without an election, to fund,
purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to
consolidation and assumed by the consolidated school district.
(2) The legality, regularity, and validity of the outstanding indebtedness shall be
determined in the same manner used to determine the validity of other bonds to be refunded by
the board.
Section 61. Section 
53G-4-605
, which is renumbered from Section 53A-18-104 is
renumbered and amended to read:
[
53A-18-104
].
 53G-4-605.
Testing validity of bonds to be refunded --
Procedure.
If considered advisable by the local school board, the validity of any bonds intended to
be refunded may be determined in the following manner:
(1) The board shall:
(a) publish a notice describing with sufficient particularity for identification the bond
or bonds intended to be refunded:
(i) once a week for two successive weeks in a newspaper published in the school
district; and
(ii) as required in Section 
45-1-101
; and
(b) post a notice for two successive weeks in three public and conspicuous places
describing with sufficient particularity for identification the bond or bonds intended to be
refunded.
(2) The notice shall require any person objecting to the legality, regularity, or validity
of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before
the board at a specified place within the district on a specified day and time.
(3) The time may not be less than 14 nor more than 60 days after the first publication
or posting of the notice.
(4) The notice shall require the person to appear at the meeting with his objections in
writing, duly verified.
(5) The board shall convene at the time and place specified in the notice and receive all
objections as prescribed in Subsection (4).
(6) The objections shall be filed with and preserved by the board.
(7) If no written objections are presented at the time and place specified in the notice,
the board shall so certify.
(8) All persons are then prohibited from questioning in any manner or proceeding the
legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness
represented by the bonds, and the board may then refund the bonds.
(9) Any person filing a written objection under Subsection (4) shall, within 20 days
after the filing, commence appropriate legal proceedings against the board and others as may be
proper parties, in the district court for the county in which the school district is situated, to
challenge and determine the legality, regularity, and validity of the bond or bonds, their issue
and sale, or the indebtedness represented by them.
(10) Failure to commence the proceedings within 20 days bars the person filing
objections from questioning, in any manner or proceeding, the legality, regularity, or validity of
the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
(11) Upon proof of failure to commence proceedings, by certificate of the clerk of the
court, the board may refund the bonds.
Section 62. Section 
53G-4-606
, which is renumbered from Section 53A-18-105 is
renumbered and amended to read:
[
53A-18-105
].
 53G-4-606.
Sinking fund -- Investment.
(1) The money levied and collected to create a sinking fund for the redemption of
bonds issued by a local school board shall be immediately credited to a special fund.
(2) After retaining an amount sufficient to pay the principal of the bonds maturing
during the year, the board shall invest the fund and any surplus as provided under Title 51,
Chapter 7, State Money Management Act.
Section 63. Section 
53G-4-607
, which is renumbered from Section 53A-18-106 is
renumbered and amended to read:
[
53A-18-106
].
 53G-4-607.
Bonds a lien on property -- Levy of tax to pay
bonds.
(1) Bonds issued under this [
chapter
] 
part
 are a lien upon the taxable property of the
school district issuing them.
(2) If the local school board neglects or refuses to cause a tax to be levied in
accordance with law to meet the outstanding bonds or the interest on the bonds, the county
legislative body of the county in which the district is located shall levy the tax and apply the
money collected to the payment of the bonds and the interest.
Section 64. Section 
53G-4-608
, which is renumbered from Section 53A-18-107 is
renumbered and amended to read:
[
53A-18-107
].
 53G-4-608.
Requirement to conduct seismic safety
evaluations when issuing a bond.
(1) As used in this section:
(a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual
Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by
the United States Federal Emergency Management Agency.
(b) "Qualifying general obligation bond" means a bond:
(i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
(ii) authorized by an election held on or after July 1, 2013.
(c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated
in accordance with federal guidelines or a more detailed seismic structural evaluation.
(2) If a school district issues a qualifying general obligation bond, the school district
shall:
(a) except as provided in Subsection (4), conduct or update a seismic safety evaluation
of each school district building:
(i) constructed before 1975; and
(ii) used by the school district as a school; and
(b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to
the Utah Seismic Safety Commission created in Section 
63C-6-101
.
(3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a
licensed structural engineer familiar with seismic codes.
(4) A school district is not required to conduct or update a seismic safety evaluation of
a building as required in Subsection (2)(a) if:
(a) a seismic safety evaluation was performed on the building within the 25-year period
before the school district issues the qualifying general obligation bond; and
(b) the school district provides a copy of the school district's seismic safety evaluation
described in Subsection (4)(a) to the Utah Seismic Safety Commission.
(5) Creation of a seismic safety evaluation of a school, or a list of schools needing
seismic upgrades, shall not be construed as expanding or changing the state's or a school
district's common law duty of care for liability purposes.
Section 65. Section 
53G-4-701
 is enacted to read:
Part 7. Local School Board Building Reserve Fund
 53G-4-701.
Definitions.
Reserved
Section 66. Section 
53G-4-702
, which is renumbered from Section 53A-23-101 is
renumbered and amended to read:
[
53A-23-101
].
 53G-4-702.
School board reserve fund.
Each local school board may establish and maintain a reserve fund to accumulate funds
to meet the capital outlay costs of the school district, including costs for planning, constructing,
replacing, improving, equipping, and furnishing school buildings and purchasing school sites.
Section 67. Section 
53G-4-703
, which is renumbered from Section 53A-23-102 is
renumbered and amended to read:
[
53A-23-102
].
 53G-4-703.
Revenues to be allocated to fund.
A local school board may annually allocate to the fund any revenues from the state
which are made available for capital outlay purposes, and not otherwise earmarked, and such
other revenues as the school district may raise locally for this purpose.
Section 68. Section 
53G-4-704
, which is renumbered from Section 53A-23-103 is
renumbered and amended to read:
[
53A-23-103
].
 53G-4-704.
Building Reserve Fund -- Investment of fund.
(1) The fund shall be known as the Building Reserve Fund of _________ (name of
school district) School District.
(2) Any interest or capital gains accrue to the benefit of the fund.
(3) The fund may only be invested as provided in Title 51, Chapter 7, State Money
Management Act of 1974.
Section 69. Section 
53G-4-705
, which is renumbered from Section 53A-23-104 is
renumbered and amended to read:
[
53A-23-104
].
 53G-4-705.
Accumulations -- Expenditures from fund --
Public notice -- Transfer to other funds.
(1) The money in the fund shall accumulate from year to year.
(2) However, the local school board may make expenditures from the fund if public
notice is given stating the purpose for which the expenditures are to be made.
(3) The procedure for giving public notice is set forth in Section [
53A-19-102
]
53G-7-303
.
(4) Expenditures shall be made for capital outlay costs only.
(5) Money in the fund at the end of the year shall remain intact and may not be
transferred to any other fund or used for any other purpose.
Section 70. Section 
53G-4-801
, which is renumbered from Section 53A-28-102 is
renumbered and amended to read:
Part 8. School District Bond Guaranty
[
53A-28-102
].
 53G-4-801.
Definitions.
(1) "Board" means the board of education of a school district existing now or later
under the laws of the state.
(2) "Bond" means any general obligation bond or refunding bond issued after the
effective date of this [
chapter
] 
part
.
(3) "Default avoidance program" means the school bond guaranty program established
by this [
chapter
] 
part
.
(4) "General obligation bond" means any bond, note, warrant, certificate of
indebtedness, or other obligation of a board payable in whole or in part from revenues derived
from ad valorem taxes and that constitutes an indebtedness within the meaning of any
applicable constitutional or statutory debt limitation.
(5) "Paying agent" means the corporate paying agent selected by the board for a bond
issue who is:
(a) duly qualified; and
(b) acceptable to the state treasurer.
(6) "Permanent school fund" means the state school fund described in the Utah
Constitution, Article X, Section 5(1).
(7) "Refunding bond" means any general obligation bond issued by a board for the
purpose of refunding its outstanding general obligation bonds.
(8) "School district" means any school district existing now or later under the laws of
the state.
Section 71. Section 
53G-4-802
, which is renumbered from Section 53A-28-201 is
renumbered and amended to read:
[
53A-28-201
].
 53G-4-802.
Contract with bondholders -- Full faith and
credit of state is pledged -- Limitation as to certain refunded bonds.
(1) (a) The state of Utah pledges to and agrees with the holders of any bonds that the
state will not alter, impair, or limit the rights vested by the default avoidance program with
respect to the bonds until the bonds, together with applicable interest, are fully paid and
discharged.
(b) Notwithstanding Subsection (1)(a), nothing contained in this [
chapter
] 
part
precludes an alteration, impairment, or limitation if adequate provision is made by law for the
protection of the holders of the bonds.
(c) Each board may refer to this pledge and undertaking by the state in its bonds.
(2) (a) The full faith and credit and unlimited taxing power of the state is pledged to
guarantee full and timely payment of the principal of (either at the stated maturity or by any
advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds
as such payments shall become due (except that in the event of any acceleration of the due date
of such principal by reason of mandatory or optional redemption or acceleration resulting from
default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking
fund payment, the payments guaranteed shall be made in such amounts and at such times as
such payments of principal would have been due had there not been any such acceleration).
(b) This guaranty does not extend to the payment of any redemption premium.
(c) Reference to this [
chapter
] 
part
 by its title on the face of any bond conclusively
establishes the guaranty provided to that bond under provisions of this [
chapter
] 
part
.
(3) (a) Any bond guaranteed under this [
chapter
] 
part
 that is refunded and considered
paid for the purposes of and within the meaning of Subsection 
11-27-3
(6), no longer has the
benefit of the guaranty provided by this [
chapter
] 
part
 from and after the date on which that
bond was considered to be paid.
(b) Any refunding bond issued by a board that is itself secured by government
obligations until the proceeds are applied to pay refunded bonds, as provided in Title 11,
Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this [
chapter
]
part
, until the refunding bonds cease to be secured by government obligations as provided in
Title 11, Chapter 27, Utah Refunding Bond Act.
(4) Only validly issued bonds issued after the effective date of this [
chapter
] 
part
 are
guaranteed under this [
chapter
] 
part
.
Section 72. Section 
53G-4-803
, which is renumbered from Section 53A-28-202 is
renumbered and amended to read:
[
53A-28-202
].
 53G-4-803.
Program eligibility -- Option to forego guaranty.
(1) (a) Any board may request that the state treasurer issue a certificate evidencing
eligibility for the state's guaranty under this [
chapter
] 
part
.
(b) After reviewing the request, if the state treasurer determines that the board is
eligible, the state treasurer shall promptly issue the certificate and provide it to the requesting
board.
(c) (i) The board receiving the certificate and all other persons may rely on the
certificate as evidencing eligibility for the guaranty for one year from and after the date of the
certificate, without making further inquiry of the state treasurer during that year.
(ii) The certificate of eligibility is valid for one year even if the state treasurer later
determines that the school board is ineligible.
(2) Any board that chooses to forego the benefits of the guaranty provided by this
[
chapter
] 
part
 for a particular issue of bonds may do so by not referring to this [
chapter
] 
part
 on
the face of its bonds.
(3) Any board that has bonds, the principal of or interest on which has been paid, in
whole or in part, by the state under this [
chapter
] 
part
 may not issue any additional bonds
guaranteed by this act until:
(a) all payment obligations of the board to the state under the default avoidance
program are satisfied; and
(b) the state treasurer and the state superintendent of public instruction each certify in
writing, to be kept on file by the state treasurer and the state superintendent, that the board is
fiscally solvent.
(4) Bonds not guaranteed by this [
chapter
] 
part
 are not included in the definition of
"bonds" in Section [
53A-28-201
] 
53G-4-802
 as used generally in this [
chapter
] 
part
 and are not
subject to the requirements of and do not receive the benefits of this [
chapter
] 
part
.
Section 73. Section 
53G-4-804
, which is renumbered from Section 53A-28-203 is
renumbered and amended to read:
[
53A-28-203
].
 53G-4-804.
Fiscal solvency of school districts -- Duties of
state treasurer and attorney general.
(1) The state superintendent of public instruction shall:
(a) monitor the financial affairs and condition of each board in the state to evaluate
each school board's financial solvency; and
(b) report immediately to the governor and state treasurer any circumstances suggesting
that a school district will be unable to timely meet its debt service obligations and recommend
a course of remedial action.
(2) (a) The state treasurer shall determine whether or not the financial affairs and
condition of a board are such that it would be imprudent for the state to guarantee the bonds of
that board.
(b) If the state treasurer determines that the state should not guarantee the bonds of that
board, the state treasurer shall:
(i) prepare a determination of ineligibility; and
(ii) keep it on file in the office of the state treasurer.
(c) The state treasurer may remove a board from the status of ineligibility when a
subsequent report or other information made available to the state treasurer evidences that it is
no longer imprudent for the state to guarantee the bonds of that board.
(3) Nothing in this section affects the state's guaranty of bonds of a board issued:
(a) before determination of ineligibility;
(b) after the eligibility of the board is restored; or
(c) under a certificate of eligibility issued under Section [
53A-28-202
] 
53G-4-803
.
Section 74. Section 
53G-4-805
, which is renumbered from Section 53A-28-301 is
renumbered and amended to read:
[
53A-28-301
].
 53G-4-805.
Business administrator duties -- Paying agent to
provide notice -- State treasurer to execute transfer to paying agents -- Effect of transfer.
(1) (a) The business administrator of each board with outstanding, unpaid bonds shall
transfer money sufficient for the scheduled debt service payment to its paying agent at least 15
days before any principal or interest payment date for the bonds.
(b) The paying agent may, if instructed to do so by the business administrator, invest
the money at the risk and for the benefit of the board until the payment date.
(c) A business administrator who is unable to transfer the scheduled debt service
payment to the paying agent 15 days before the payment date shall immediately notify the
paying agent and the state treasurer by:
(i) telephone;
(ii) a writing sent by facsimile transmission; and
(iii) a writing sent by first-class United States mail.
(2) If sufficient funds are not transferred to the paying agent as required by Subsection
(1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days
before the scheduled debt service payment date by:
(a) telephone;
(b) a writing sent by facsimile transmission; and
(c) a writing sent by first-class United States mail.
(3) (a) If sufficient money to pay the scheduled debt service payment has not been
transferred to the paying agent, the state treasurer shall, on or before the scheduled payment
date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
(b) The payment by the treasurer:
(i) discharges the obligation of the issuing board to its bondholders for the payment;
and
(ii) transfers the rights represented by the general obligation of the board from the
bondholders to the state.
(c) The board shall pay the transferred obligation to the state as provided in this
[
chapter
] 
part
.
Section 75. Section 
53G-4-806
, which is renumbered from Section 53A-28-302 is
renumbered and amended to read:
[
53A-28-302
].
 53G-4-806.
State financial assistance intercept mechanism --
State treasurer duties -- Interest and penalty provisions.
(1) (a) If one or more payments on bonds are made by the state treasurer as provided in
Section [
53A-28-301
] 
53G-4-805
, the state treasurer shall:
(i) immediately intercept any payments from the Uniform School Fund or from any
other source of operating money provided by the state to the board that issued the bonds that
would otherwise be paid to the board by the state; and
(ii) apply the intercepted payments to reimburse the state for payments made pursuant
to the state's guaranty until all obligations of the board to the state arising from those payments,
including interest and penalties, are paid in full.
(b) The state has no obligation to the board or to any person or entity to replace any
money intercepted under authority of Subsection (1)(a).
(2) The board that issued bonds for which the state has made all or part of a debt
service payment shall:
(a) reimburse all money drawn by the state treasurer on its behalf;
(b) pay interest to the state on all money paid by the state from the date the money was
drawn to the date they are repaid at a rate not less than the average prime rate for national
money center banks plus 1%; and
(c) pay all penalties required by this [
chapter
] 
part
.
(3) (a) The state treasurer shall establish the reimbursement interest rate after
considering the circumstances of any prior draws by the board on the state, market interest and
penalty rates, and the cost of funds, if any, that were required to be borrowed by the state to
make payment on the bonds.
(b) The state treasurer may, after considering the circumstances giving rise to the
failure of the board to make payment on its bonds in a timely manner, impose on the board a
penalty of not more than 5% of the amount paid by the state pursuant to its guaranty for each
instance in which a payment by the state is made.
(4) (a) (i) If the state treasurer determines that amounts obtained under this section will
not reimburse the state in full within one year from the state's payment of a board's scheduled
debt service payment, the state treasurer shall pursue any legal action, including mandamus,
against the board to compel it to:
(A) levy and provide property tax revenues to pay debt service on its bonds when due
as required by Title 11, Chapter 14, Local Government Bonding Act; and
(B) meet its repayment obligations to the state.
(ii) In pursuing its rights under this Subsection (4)(a), the state shall have the same
substantive and procedural rights under Title 11, Chapter 14, Local Government Bonding Act,
as would a holder of the bonds of a board.
(b) The attorney general shall assist the state treasurer in these duties.
(c) The board shall pay the attorney's fees, expenses, and costs of the state treasurer and
the attorney general.
(5) (a) Except as provided in Subsection (5)(c), any board whose operating funds were
intercepted under this section may replace those funds from other board money or from ad
valorem property taxes, subject to the limitations provided in this Subsection (5).
(b) A board may use ad valorem property taxes or other money to replace intercepted
funds only if the ad valorem property taxes or other money was derived from:
(i) taxes originally levied to make the payment but which were not timely received by
the board;
(ii) taxes from a special levy made to make the missed payment or to replace the
intercepted money;
(iii) money transferred from the capital outlay fund of the board or the undistributed
reserve, if any, of the board; or
(iv) any other source of money on hand and legally available.
(c) Notwithstanding the provisions of Subsections (5)(a) and (b), a board may not
replace operating funds intercepted by the state with money collected and held to make
payments on bonds if that replacement would divert money from the payment of future debt
service on the bonds and increase the risk that the state's guaranty would be called upon a
second time.
Section 76. Section 
53G-4-807
, which is renumbered from Section 53A-28-401 is
renumbered and amended to read:
[
53A-28-401
].
 53G-4-807.
Backup liquidity arrangements -- Issuance of
notes.
(1) (a) If, at the time the state is required to make a debt service payment under its
guaranty on behalf of a board, sufficient money of the state is not on hand and available for that
purpose, the state treasurer may:
(i) seek a loan from the Permanent School Fund sufficient to make the required
payment; or
(ii) issue state debt as provided in Subsection (2).
(b) Nothing in this Subsection (1) requires the Permanent School Fund to lend money
to the state treasurer.
(2) (a) The state treasurer may issue state debt in the form of general obligation notes
to meet its obligations under this [
chapter
] 
part
.
(b) The amount of notes issued may not exceed the amount necessary to make payment
on all bonds with respect to which the notes are issued plus all costs of issuance, sale, and
delivery of the notes, rounded up to the nearest natural multiple of $5,000.
(c) Each series of notes issued may not mature later than 18 months from the date the
notes are issued.
(d) Notes issued may be refunded using the procedures set forth in this [
chapter
] 
part
for the issuance of notes, in an amount not more than the amount necessary to pay principal of
and accrued but unpaid interest on any refunded notes plus all costs of issuance, sale, and
delivery of the refunding notes, rounded up to the nearest natural multiple of $5,000.
(e) Each series of refunding notes may not mature later than 18 months from the date
the refunding notes are issued.
(3) (a) Before issuing or selling any general obligation note to other than a state fund or
account, the state treasurer shall:
(i) prepare a written plan of financing; and
(ii) file it with the governor.
(b) The plan of financing shall provide for:
(i) the terms and conditions under which the notes will be issued, sold, and delivered;
(ii) the taxes or revenues to be anticipated;
(iii) the maximum amount of notes that may be outstanding at any one time under the
plan of financing;
(iv) the sources of payment of the notes;
(v) the rate or rates of interest, if any, on the notes or a method, formula, or index under
which the interest rate or rates on the notes may be determined during the time the notes are
outstanding; and
(vi) all other details relating to the issuance, sale, and delivery of the notes.
(c) In identifying the taxes or revenues to be anticipated and the sources of payment of
the notes in the financing plan, the state treasurer may include:
(i) the taxes authorized by Section [
53A-28-402
] 
53G-4-808
;
(ii) the intercepted revenues authorized by Section [
53A-28-302
] 
53G-4-806
;
(iii) the proceeds of refunding notes; or
(iv) any combination of Subsections (3)(c)(i), (ii), and (iii).
(d) The state treasurer may include in the plan of financing the terms and conditions of
arrangements entered into by the state treasurer on behalf of the state with financial and other
institutions for letters of credit, standby letters of credit, reimbursement agreements, and
remarketing, indexing, and tender agent agreements to secure the notes, including payment
from any legally available source of fees, charges, or other amounts coming due under the
agreements entered into by the state treasurer.
(e) When issuing the notes, the state treasurer shall issue an order setting forth the
interest, form, manner of execution, payment, manner of sale, prices at, above, or below face
value, and all details of issuance of the notes.
(f) The order and the details set forth in the order shall conform with any applicable
plan of financing and with this [
chapter
] 
part
.
(g) (i) Each note shall recite that it is a valid obligation of the state and that the full
faith, credit, and resources of the state are pledged for the payment of the principal of and
interest on the note from the taxes or revenues identified in accordance with its terms and the
constitution and laws of Utah.
(ii) These general obligation notes do not constitute debt of the state for the purposes of
the 1.5% debt limitation of the Utah Constitution, Article XIV, Section 1.
(h) Immediately upon the completion of any sale of notes, the state treasurer shall:
(i) make a verified return of the sale to the state auditor, specifying the amount of notes
sold, the persons to whom the notes were sold, and the price, terms, and conditions of the sale;
and
(ii) credit the proceeds of sale, other than accrued interest and amounts required to pay
costs of issuance of the notes, to the General Fund to be applied to the purpose for which the
notes were issued.
Section 77. Section 
53G-4-808
, which is renumbered from Section 53A-28-402 is
renumbered and amended to read:
[
53A-28-402
].
 53G-4-808.
Unlimited ad valorem tax as pledge of full faith
and credit -- State Tax Commission duties -- Property tax abated.
(1) (a) In each year after the issuance of general obligation notes under this [
chapter
]
part
 and until all outstanding notes are retired, there is levied a direct annual tax on all real and
personal property within the state subject to state taxation, sufficient to pay all principal of and
interest on the general obligation notes as they become due.
(b) If money expected to be intercepted under Section [
53A-28-302
] 
53G-4-806
 is
expected to be insufficient to reimburse the state for its payments of school districts' scheduled
debt service payments or if it is necessary for the state treasurer to borrow as provided in
Section [
53A-28-401
] 
53G-4-807
 and amounts to be intercepted under Section [
53A-28-302
]
53G-4-806
 are expected to be insufficient to timely pay the general obligation notes issued or
other borrowing undertaken under that section, the state treasurer shall certify to and give
notice to the state tax commission of the amount of the deficiency.
(c) After receipt of that certified notice from the state treasurer, the state tax
commission shall:
(i) immediately fix the tax rate necessary and levy direct ad valorem property tax on all
real and personal property in the state subject to state taxation sufficient to provide money in
the amount of the deficiency stated in the notice; and
(ii) require that the tax be collected and remitted as soon as may be in the ordinary
course of ad valorem tax levy and collection.
(2) To the extent that other legally available revenues and funds of the state are
sufficient to meet the certified deficiency, the property tax for this purpose is abated.
Section 78. Section 
53G-4-901
, which is renumbered from Section 53A-2-402 is
renumbered and amended to read:
Part 9. Surplus School District Land
[
53A-2-402
].
 53G-4-901.
Definitions.
As used in this part:
(1) "Eligible entity" means:
(a) a city or town with a population density of 3,000 or more people per square mile; or
(b) a county whose unincorporated area includes a qualifying planning advisory area.
(2) "Purchase price" means the greater of:
(a) an amount that is the average of:
(i) the appraised value of the surplus property, based on the predominant zone in the
surrounding area, as indicated in an appraisal obtained by the eligible entity; and
(ii) the appraised value of the surplus property, based on the predominant zone in the
surrounding area, as indicated in an appraisal obtained by the school district; and
(b) the amount the school district paid to acquire the surplus property.
(3) "Qualifying planning advisory area" means a planning advisory area under Section
17-27a-306
 that has a population density of 3,000 or more people per square mile within the
boundaries of the planning advisory area.
(4) "Surplus property" means land owned by a school district that:
(a) was purchased with taxpayer money;
(b) is located within a city or town that is an eligible entity or within a qualifying
planning advisory area;
(c) consists of one contiguous tract at least three acres in size; and
(d) has been declared by the school district to be surplus.
Section 79. Section 
53G-4-902
, which is renumbered from Section 53A-2-403 is
renumbered and amended to read:
[
53A-2-403
].
 53G-4-902.
Purchase of surplus property.
(1) An eligible entity may purchase, and each school district shall sell, surplus property
as provided in this section.
(2) (a) Upon declaring land to be surplus property, each school district shall give
written notice to each eligible entity in which the surplus property is located.
(b) Each notice under Subsection (2)(a) shall:
(i) state that the school district has declared the land to be surplus property; and
(ii) describe the surplus property.
(3) Subject to Subsection (4), an eligible entity may purchase the surplus property by
paying the school district the purchase price.
(4) (a) The legislative body of each eligible entity desiring to purchase surplus property
under this section shall:
(i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a
resolution declaring the intent to purchase the surplus property and deliver a copy of the
resolution to the school district; and
(ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i)
to the school district, deliver to the school district an earnest money offer to purchase the
surplus property at the purchase price.
(b) If an eligible entity fails to comply with either of the requirements under Subsection
(4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the
surplus property.
(5) (a) An eligible entity may waive its right to purchase surplus property under this
part by submitting a written waiver to the school district.
(b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has
no further obligation under this part to sell the surplus property to the eligible entity.
(6) Surplus property acquired by an eligible entity may not be used for any purpose
other than:
(a) a county, city, or town hall;
(b) a park or other open space;
(c) a cultural center or community center;
(d) a facility for the promotion, creation, or retention of public or private jobs within
the state through planning, design, development, construction, rehabilitation, business
relocation, or any combination of these, within a county, city, or town;
(e) office, industrial, manufacturing, warehousing, distribution, parking, or other public
or private facilities, or other improvements that benefit the state or a county, city, or town; or
(f) a facility for a charter school under Chapter [
1a, Part 5, The Utah Charter Schools
Act
] 
5, Charter Schools
.
(7) (a) A school district that sells surplus property under this part may use proceeds
from the sale only for bond debt reduction or school district capital facilities.
(b) Each school district that sells surplus property under this part shall place all
proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of
the school district for use for school district capital facilities.
Section 80. Section 
53G-4-903
, which is renumbered from Section 53A-2-404 is
renumbered and amended to read:
[
53A-2-404
].
 53G-4-903.
Resale of surplus property.
(1) If an eligible entity that has acquired surplus property under Section [
53A-2-403
]
53G-4-902
 afterwards declares that property to be surplus, the school district from which the
eligible entity acquired the property may purchase, and the eligible entity shall sell, the property
as provided in Section [
53A-2-403
] 
53G-4-902
, except that the price at which the school
district shall be entitled to reacquire the property shall be the price that the eligible entity paid
for the property, plus the cost of any existing improvements that the eligible entity made to the
property after it purchased the property.
(2) If the school district does not reacquire the surplus property under Subsection (1)
and the eligible entity sells the surplus property to another buyer, the eligible entity and the
school district shall equally share any proceeds of that sale that exceed the amount the eligible
entity paid for the property plus the cost of any existing improvements the eligible entity made
to the property after it purchased the property.
Section 81. Section 
53G-4-1001
 is enacted to read:
Part 10. School Construction Due to New Industrial Plants
 53G-4-1001.
Definitions.
Reserved
Section 82. Section 
53G-4-1001.5
, which is renumbered from Section 53A-22-101 is
renumbered and amended to read:
[
53A-22-101
].
 53G-4-1001.5.
Purpose of part.
It is the purpose of this [
chapter
] 
part
 to provide school districts with the ability to raise
funds for necessary new school construction, including additions to existing school buildings
caused by the development of industrial plants that require large numbers of workers for their
construction and operation.
Section 83. Section 
53G-4-1002
, which is renumbered from Section 53A-22-102 is
renumbered and amended to read:
[
53A-22-102
].
 53G-4-1002.
New industrial plants in school district -- Duty
of school district.
A school district confronted with actual or anticipated large increases in enrollment
because of the construction of a new industrial plant or plants to a degree that new buildings or
additions to existing buildings are required shall make the following efforts to raise funds to
meet those building needs:
(1) bond to its maximum capacity and maintain maximum bonding by rebonding at
least once every other year until building needs are met;
(2) maintain an annual property tax levy for capital outlay and debt service combined
of not less than .0036 per dollar of taxable value; and
(3) initiate any action necessary to qualify for any state, federal, or other funds for
capital outlay for which the district may be eligible.
Section 84. Section 
53G-4-1003
, which is renumbered from Section 53A-22-103 is
renumbered and amended to read:
[
53A-22-103
].
 53G-4-1003.
Funds raised -- Highest priority projects.
(1) Funds raised by the school district in accordance with this [
chapter
] 
part
 shall be
used on the highest priority projects established by the district's five-year comprehensive
capital outlay plan, which shall be approved by the State Board of Education.
(2) The plan must include appropriate priorities for the construction of minimal
facilities for new students.
(3) If priority use of the funds raised by the district in accordance with this [
chapter
]
part
 does not provide minimal facilities as defined by the State Board of Education for students
in any new and remote community established in the district, or for students in existing
communities because of the location of new or expanded industries in the area, the district may
enter into lease-purchase agreements or lease with option to purchase agreements with private
builders to furnish the minimal facilities required by the district and approved by the State
Board of Education.
(4) The district may make payments on these agreements from any of its otherwise
uncommitted capital outlay funds.
Section 85. Section 
53G-4-1004
, which is renumbered from Section 53A-22-104 is
renumbered and amended to read:
[
53A-22-104
].
 53G-4-1004.
Minimal school facilities -- Lease-purchase or
lease with option to purchase agreement authorized.
(1) If a school district is unable to find any private builder who is capable of furnishing
minimal school facilities in new or existing communities, on terms acceptable to the district
and to the State Board of Education, the developers of the industrial plant, or plants, may agree
to provide minimal school facilities under a lease-purchase agreement or lease with option to
purchase agreement with the district.
(2) The district shall pay the developers according to the terms of the agreement from
sources listed for such payments in this [
chapter
] 
part
.
Section 86. Section 
53G-4-1005
, which is renumbered from Section 53A-22-105 is
renumbered and amended to read:
[
53A-22-105
].
 53G-4-1005.
Remote industrial plant requiring new school
building -- Construction permit requirements.
A state officer or local governmental official may not issue a construction permit or
other authorization for the construction of a remote industrial plant requiring the provision of a
new community, including new public elementary and secondary school buildings, until the
local school board of the district in which the plant will be located has certified to the state
office or local official, in writing, that the district has obtained the funds, or a firm commitment
that funds will be made available as necessary, to build the required minimal school facilities.
Section 87. Section 
53G-4-1006
, which is renumbered from Section 53A-22-106 is
renumbered and amended to read:
[
53A-22-106
].
 53G-4-1006.
Rules and regulations authorized.
The State Board of Education shall adopt all standards and rules necessary for the
administration and enforcement of this [
chapter
] 
part
.
Section 88. Section 
53G-5-101
 is enacted to read:
CHAPTER 5. CHARTER SCHOOLS
Part 1. General Provisions
 53G-5-101.
Title.
This chapter is known as "Charter Schools."
Section 89. Section 
53G-5-102
, which is renumbered from Section 53A-1a-501.3 is
renumbered and amended to read:
[
53A-1a-501.3
].
 53G-5-102.
Definitions.
As used in this [
part
] 
chapter
:
(1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
includes:
(a) cash;
(b) stock or other investments;
(c) real property;
(d) equipment and supplies;
(e) an ownership interest;
(f) a license;
(g) a cause of action; and
(h) any similar property.
(2) "Board of trustees of a higher education institution" or "board of trustees" means:
(a) the board of trustees of:
(i) the University of Utah;
(ii) Utah State University;
(iii) Weber State University;
(iv) Southern Utah University;
(v) Snow College;
(vi) Dixie State University;
(vii) Utah Valley University; or
(viii) Salt Lake Community College; or
(b) the board of directors of a technical college described in Section 
53B-2a-108
.
(3) "Charter agreement" or "charter" means an agreement made in accordance with
Section [
53A-1a-508
] 
53G-5-303
 that authorizes the operation of a charter school.
(4) "Charter school authorizer" or "authorizer" means the State Charter School Board, a
local school board, or a board of trustees of a higher education institution that authorizes the
establishment of a charter school.
(5) "Governing board" means the board that operates a charter school.
Section 90. Section 
53G-5-103
 is enacted to read:
 53G-5-103.
Charter school funding.
Unless otherwise specified, the provisions of Title 53F, Public Education System --
Funding, govern charter school funding, including Title 53F, Chapter 2, Part 7, Charter School
Funding, which governs levies imposed for charter school funding.
Section 91. Section 
53G-5-104
, which is renumbered from Section 53A-1a-503 is
renumbered and amended to read:
[
53A-1a-503
].
 53G-5-104.
Purpose of charter schools.
The purposes of the state's charter schools as a whole are to:
(1) continue to improve student learning;
(2) encourage the use of different and innovative teaching methods;
(3) create new professional opportunities for educators that will allow them to actively
participate in designing and implementing the learning program at the school;
(4) increase choice of learning opportunities for students;
(5) establish new models of public schools and a new form of accountability for
schools that emphasizes the measurement of learning outcomes and the creation of innovative
measurement tools;
(6) provide opportunities for greater parental involvement in management decisions at
the school level; and
(7) expand public school choice in areas where schools have been identified for school
improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
20 U.S.C. Sec. 6301 et seq.
Section 92. Section 
53G-5-201
, which is renumbered from Section 53A-1a-501.5 is
renumbered and amended to read:
Part 2. State Charter School Board
[
53A-1a-501.5
].
 53G-5-201.
State Charter School Board created.
(1) As used in this section, "organization that represents Utah's charter schools" means
an organization, except a governmental entity, that advocates for charter schools, charter school
parents, or charter school students.
(2) (a) The State Charter School Board is created consisting of the following members
appointed by the governor:
(i) two members who have expertise in finance or small business management;
(ii) three members who:
(A) are nominated by an organization that represents Utah's charter schools; and
(B) have expertise or experience in developing or administering a charter school; and
(iii) two members who are nominated by the State Board of Education.
(b) Each appointee shall have demonstrated dedication to the purposes of charter
schools as outlined in Section [
53A-1a-503
] 
53G-5-104
.
(c) At least two candidates shall be nominated for each appointment made under
Subsection (2)(a)(ii) or (iii).
(d) The governor may seek nominations for a prospective appointment under
Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
(3) (a) State Charter School Board members shall serve four-year terms.
(b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
term.
(4) The governor may remove a member at any time for official misconduct, habitual
or willful neglect of duty, or for other good and sufficient cause.
(5) (a) The State Charter School Board shall annually elect a chair from its
membership.
(b) Four members of the board shall constitute a quorum.
(c) Meetings may be called by the chair or upon request of three members of the board.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 93. Section 
53G-5-202
, which is renumbered from Section 53A-1a-501.6 is
renumbered and amended to read:
[
53A-1a-501.6
].
 53G-5-202.
Power and duties of State Charter School Board.
(1) The State Charter School Board shall:
(a) authorize and promote the establishment of charter schools, subject to the
provisions in this [
part
] 
chapter and other related provisions
;
(b) annually review and evaluate the performance of charter schools authorized by the
State Charter School Board and hold the schools accountable for their performance;
(c) monitor charter schools authorized by the State Charter School Board for
compliance with federal and state laws, rules, and regulations;
(d) provide technical support to charter schools and persons seeking to establish charter
schools by:
(i) identifying and promoting successful charter school models;
(ii) facilitating the application and approval process for charter school authorization;
(iii) directing charter schools and persons seeking to establish charter schools to
sources of private funding and support;
(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
supporting and strengthening proposals before an application for charter school authorization is
submitted to a charter school authorizer; and
(v) assisting charter schools to understand and carry out their charter obligations;
(e) provide technical support, as requested, to a charter school authorizer relating to
charter schools;
(f) make recommendations on legislation and rules pertaining to charter schools to the
Legislature and State Board of Education, respectively; and
(g) make recommendations to the State Board of Education on the funding of charter
schools.
(2) The State Charter School Board may:
(a) contract;
(b) sue and be sued; and
(c) (i) at the discretion of the charter school, provide administrative services to, or
perform other school functions for, charter schools authorized by the State Charter School
Board; and
(ii) charge fees for the provision of services or functions.
Section 94. Section 
53G-5-203
, which is renumbered from Section 53A-1a-501.7 is
renumbered and amended to read:
[
53A-1a-501.7
].
 53G-5-203.
State Charter School Board -- Staff director --
Facilities.
(1) (a) The State Charter School Board, with the consent of the superintendent of
public instruction, shall appoint a staff director for the State Charter School Board.
(b) The State Charter School Board shall have authority to remove the staff director
with the consent of the superintendent of public instruction.
(c) The position of staff director is exempt from the career service provisions of Title
67, Chapter 19, Utah State Personnel Management Act.
(2) The superintendent of public instruction shall provide space for staff of the State
Charter School Board in facilities occupied by the State Board of Education or the State Board
of Education's employees, with costs charged for the facilities equal to those charged other
sections and divisions under the State Board of Education.
Section 95. Section 
53G-5-204
, which is renumbered from Section 53A-1a-507.1 is
renumbered and amended to read:
[
53A-1a-507.1
].
 53G-5-204.
 Charter school innovative practices -- Report to
State Charter School Board.
Prior to July 31 of each year, a charter school may identify and report to the State
Charter School Board its innovative practices which fulfill the purposes of charter schools as
outlined in Section [
53A-1a-503
] 
53G-5-104
, including:
(1) unique learning opportunities providing increased choice in education;
(2) new public school models;
(3) innovative teaching practices;
(4) opportunities for educators to actively participate in the design and implementation
of the learning program;
(5) new forms of accountability emphasizing the measurement of learning outcomes
and the creation of new measurement tools;
(6) opportunities for greater parental involvement, including involvement in
management decisions; and
(7) the impact of the innovative practices on student achievement.
Section 96. Section 
53G-5-301
, which is renumbered from Section 53A-1a-501.9 is
renumbered and amended to read:
Part 3. Charter School Authorization
[
53A-1a-501.9
].
 53G-5-301.
State Charter School Board to request
applications for certain types of charter schools.
(1) To meet the unique learning styles and needs of students, the State Charter School
Board shall seek to expand the types of instructional methods and programs offered by schools,
as provided in this section.
(2) (a) The State Charter School Board shall request individuals, groups of individuals,
or not-for-profit legal entities to submit an application to the State Charter School Board to
establish a charter school that employs new and creative methods to meet the unique learning
styles and needs of students, such as:
(i) a military charter school;
(ii) a charter school whose mission is to enhance learning opportunities for students at
risk of academic failure;
(iii) a charter school whose focus is career and technical education;
(iv) a single gender charter school; or
(v) a charter school with an international focus that provides opportunities for the
exchange of students or teachers.
(b) In addition to a charter school identified in Subsection (2)(a), the State Charter
School Board shall request applications for other types of charter schools that meet the unique
learning styles and needs of students.
(3) The State Charter School Board shall publicize a request for applications to
establish a charter school specified in Subsection (2).
(4) A charter school application submitted pursuant to Subsection (2) shall be subject
to the application and approval procedures specified in Section [
53A-1a-505
] 
53G-5-304
.
(5) The State Charter School Board and the State Board of Education may approve one
or more applications for each charter school specified in Subsection (2), subject to the
Legislature appropriating funds for, or authorizing, an increase in charter school enrollment
capacity as provided in Section [
53A-1a-502.5
] 
53G-6-504
.
(6) The State Board of Education shall submit a request to the Legislature to
appropriate funds for, or authorize, the enrollment of students in charter schools tentatively
approved under this section.
Section 97. Section 
53G-5-302
, which is renumbered from Section 53A-1a-504 is
renumbered and amended to read:
[
53A-1a-504
].
 53G-5-302.
Charter school application -- Applicants --
Contents.
(1) (a) An application to establish a charter school may be submitted by:
(i) an individual;
(ii) a group of individuals; or
(iii) a nonprofit legal entity organized under Utah law.
(b) An authorized charter school may apply under this chapter for a charter from
another charter school authorizer.
(2) A charter school application shall include:
(a) the purpose and mission of the school;
(b) except for a charter school authorized by a local school board, a statement that,
after entering into a charter agreement, the charter school will be organized and managed under
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
(c) a description of the governance structure of the school, including:
(i) a list of the governing board members that describes the qualifications of each
member; and
(ii) an assurance that the applicant shall, within 30 days of authorization, provide the
authorizer with the results of a background check for each member;
(d) a description of the target population of the school that includes:
(i) the projected maximum number of students the school proposes to enroll;
(ii) the projected school enrollment for each of the first three years of school operation;
and
(iii) the ages or grade levels the school proposes to serve;
(e) academic goals;
(f) qualifications and policies for school employees, including policies that:
(i) comply with the criminal background check requirements described in Section
[
53A-1a-512.5
] 
53G-5-408
;
(ii) require employee evaluations; and
(iii) address employment of relatives within the charter school;
(g) a description of how the charter school will provide, as required by state and federal
law, special education and related services;
(h) for a public school converting to charter status, arrangements for:
(i) students who choose not to continue attending the charter school; and
(ii) teachers who choose not to continue teaching at the charter school;
(i) a statement that describes the charter school's plan for establishing the charter
school's facilities, including:
(i) whether the charter school intends to lease or purchase the charter school's facilities;
and
(ii) financing arrangements;
(j) a market analysis of the community the school plans to serve;
(k) a capital facility plan;
(l) a business plan;
(m) other major issues involving the establishment and operation of the charter school;
and
(n) the signatures of the governing board members of the charter school.
(3) A charter school authorizer may require a charter school application to include:
(a) the charter school's proposed:
(i) curriculum;
(ii) instructional program; or
(iii) delivery methods;
(b) a method for assessing whether students are reaching academic goals, including, at
a minimum, administering the statewide assessments described in Section [
53A-1-602
]
53E-4-301
;
(c) a proposed calendar;
(d) sample policies;
(e) a description of opportunities for parental involvement;
(f) a description of the school's administrative, supervisory, or other proposed services
that may be obtained through service providers; or
(g) other information that demonstrates an applicant's ability to establish and operate a
charter school.
Section 98. Section 
53G-5-303
, which is renumbered from Section 53A-1a-508 is
renumbered and amended to read:
[
53A-1a-508
].
 53G-5-303.
Charter agreement -- Content -- Modification.
(1) A charter agreement:
(a) is a contract between the charter school applicant and the charter school authorizer;
(b) shall describe the rights and responsibilities of each party; and
(c) shall allow for the operation of the applicant's proposed charter school.
(2) A charter agreement shall include:
(a) the name of:
(i) the charter school; and
(ii) the charter school applicant;
(b) the mission statement and purpose of the charter school;
(c) the charter school's opening date;
(d) the grade levels and number of students the charter school will serve;
(e) a description of the structure of the charter school governing board, including:
(i) the number of board members;
(ii) how members of the board are appointed; and
(iii) board members' terms of office;
(f) assurances that:
(i) the charter school governing board will comply with:
(A) the charter school's bylaws;
(B) the charter school's articles of incorporation; and
(C) applicable federal law, state law, and State Board of Education rules;
(ii) the charter school governing board will meet all reporting requirements described
in Section [
53A-1a-507
] 
53G-5-404
; and
(iii) except as provided in [
Title 53A, Chapter 20b, Part 2
] 
Part 6
, Charter School
Credit Enhancement Program, neither the authorizer nor the state, including an agency of the
state, is liable for the debts or financial obligations of the charter school or a person who
operates the charter school;
(g) which administrative rules the State Board of Education will waive for the charter
school;
(h) minimum financial standards for operating the charter school;
(i) minimum standards for student achievement; and
(j) signatures of the charter school authorizer and the charter school governing board
members.
(3) (a) Except as provided in Subsection (3)(b), a charter agreement may not be
modified except by mutual agreement between the charter school authorizer and the charter
school governing board.
(b) A charter school governing board may modify the charter school's charter
agreement without the mutual agreement described in Subsection (3)(a) to include an
enrollment preference described in Subsection [
53A-1a-506
] 
53G-6-502
(4)(g).
Section 99. Section 
53G-5-304
, which is renumbered from Section 53A-1a-505 is
renumbered and amended to read:
[
53A-1a-505
].
 53G-5-304.
Charter schools authorized by the State Charter
School Board -- Application process -- Prohibited bases of application denial.
(1) (a) An applicant seeking authorization of a charter school from the State Charter
School Board shall provide a copy of the application to the local school board of the school
district in which the proposed charter school shall be located either before or at the same time it
files its application with the State Charter School Board.
(b) The local board may review the application and may offer suggestions or
recommendations to the applicant or the State Charter School Board prior to its acting on the
application.
(c) The State Charter School Board shall give due consideration to suggestions or
recommendations made by the local school board under Subsection (1)(b).
(d) The State Charter School Board shall review and, by majority vote, either approve
or deny the application.
(e) The State Board of Education shall, by majority vote, within 60 days after action by
the State Charter School Board under Subsection (1)(d):
(i) approve or deny an application approved by the State Charter School Board; or
(ii) hear an appeal, if any, of an application denied by the State Charter School Board.
(f) The State Board of Education's action under Subsection (1)(d) is final action subject
to judicial review.
(g) A charter school application may not be denied on the basis that the establishment
of the charter school will have any or all of the following impacts on a public school, including
another charter school:
(i) an enrollment decline;
(ii) a decrease in funding; or
(iii) a modification of programs or services.
(2) The State Board of Education shall make a rule providing a timeline for the
opening of a charter school following the approval of a charter school application by the State
Charter School Board.
(3) After approval of a charter school application and in accordance with Section
[
53A-1a-508
] 
53G-5-303
, the applicant and the State Charter School Board shall set forth the
terms and conditions for the operation of the charter school in a written charter agreement.
(4) The State Charter School Board shall, in accordance with State Board of Education
rules, establish and make public the State Charter School Board's:
(a) application requirements, in accordance with Section [
53A-1a-504
] 
53G-5-302
;
(b) application process, including timelines, in accordance with this section; and
(c) minimum academic, financial, and enrollment standards.
Section 100. Section 
53G-5-305
, which is renumbered from Section 53A-1a-515 is
renumbered and amended to read:
[
53A-1a-515
].
 53G-5-305.
Charters authorized by local school boards --
Application process -- Local school board responsibilities.
(1) (a) An applicant identified in Section [
53A-1a-504
] 
53G-5-302
 may submit an
application to a local school board to establish and operate a charter school within the
geographical boundaries of the school district administered by the local school board.
(b) (i) The principal, teachers, or parents of students at an existing public school may
submit an application to the local school board to convert the school or a portion of the school
to charter status.
(A) If the entire school is applying for charter status, at least two-thirds of the licensed
educators employed at the school and at least two-thirds of the parents or guardians of students
enrolled at the school must have signed a petition approving the application prior to its
submission to the charter school authorizer.
(B) If only a portion of the school is applying for charter status, the percentage is
reduced to a simple majority.
(ii) The local school board may not approve an application submitted under Subsection
(1)(b)(i) unless the local school board determines that:
(A) students opting not to attend the proposed converted school would have access to a
comparable public education alternative; and
(B) current teachers who choose not to teach at the converted charter school or who are
not retained by the school at the time of its conversion would receive a first preference for
transfer to open teaching positions for which they qualify within the school district, and, if no
positions are open, contract provisions or board policy regarding reduction in staff would
apply.
(2) (a) An existing public school that converts to charter status under a charter granted
by a local school board may:
(i) continue to receive the same services from the school district that it received prior to
its conversion; or
(ii) contract out for some or all of those services with other public or private providers.
(b) Any other charter school authorized by a local school board may contract with the
board to receive some or all of the services referred to in Subsection (3)(a).
(c) Except as specified in a charter agreement, local school board assets do not transfer
to an existing public school that converts to charter status under a charter granted by a local
school board under this section.
(3) (a) (i) A public school that converts to a charter school under a charter granted by a
local school board shall receive funding:
(A) through the school district; and
(B) on the same basis as it did prior to its conversion to a charter school.
(ii) The school may also receive federal money designated for charter schools under
any federal program.
(b) (i) A local school board-authorized charter school operating in a facility owned by
the school district and not paying reasonable rent to the school district shall receive funding:
(A) through the school district; and
(B) on the same basis that other district schools receive funding.
(ii) The school may also receive federal money designated for charter schools under
any federal program.
(c) Subject to the provisions in Section [
53A-1a-502.5
] 
53G-6-504
, a charter school
authorized by a local school board shall receive funding as provided in [
Section 
53A-1a-513
]
Title 53F, Chapter 2, Part 7, Charter School Funding
.
(d) (i) A charter school authorized by a local school board, but not described in
Subsection (3)(a), (b), or (c) shall receive funding:
(A) through the school district; and
(B) on the same basis that other district schools receive funding.
(ii) The school may also receive federal money designated for charter schools under
any federal program.
(4) (a) A local school board that receives an application for a charter school under this
section shall, within 45 days, either accept or reject the application.
(b) If the board rejects the application, it shall notify the applicant in writing of the
reason for the rejection.
(c) The applicant may submit a revised application for reconsideration by the board.
(d) If the local school board refuses to authorize the applicant, the applicant may seek a
charter from the State Charter School Board under Section [
53A-1a-505
] 
53G-5-304
.
(5) The State Board of Education shall make a rule providing for a timeline for the
opening of a charter school following the approval of a charter school application by a local
school board.
(6) After approval of a charter school application and in accordance with Section
[
53A-1a-508
] 
53G-5-303
, the applicant and the local school board shall set forth the terms and
conditions for the operation of the charter school in a written charter agreement.
(7) A local school board shall:
(a) annually review and evaluate the performance of charter schools authorized by the
local school board and hold the schools accountable for their performance;
(b) monitor charter schools authorized by the local school board for compliance with
federal and state laws, rules, and regulations; and
(c) provide technical support to charter schools authorized by the local school board to
assist them in understanding and performing their charter obligations.
(8) A local school board may terminate a charter school it authorizes as provided in
Sections [
53A-1a-509
] 
53G-5-501
 and [
53A-1a-510
] 
53G-5-503
.
(9) In addition to the exemptions described in Sections [
53A-1a-511
] 
53G-5-405
,
53G-7-202
,
 and [
53A-1a-512
] 
53G-5-407
, a charter school authorized by a local school board
is:
(a) not required to separately submit a report or information required under this [
title
]
public education code
 to the State Board of Education if the information is included in a report
or information that is submitted by the local school board or school district; and
(b) exempt from the requirement under Section [
53A-1a-507
] 
53G-5-404
 that a charter
school shall be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit
Corporation Act.
(10) Before a local school board accepts a charter school application, the local school
board shall, in accordance with State Board of Education rules, establish and make public the
local school board's:
(a) application requirements, in accordance with Section [
53A-1a-504
] 
53G-5-302
;
(b) application process, including timelines, in accordance with this section; and
(c) minimum academic, financial, and enrollment standards.
Section 101. Section 
53G-5-306
, which is renumbered from Section 53A-1a-521 is
renumbered and amended to read:
[
53A-1a-521
].
 53G-5-306.
Charter schools authorized by a board of
trustees of a higher education institution -- Application process -- Board of trustees
responsibilities.
(1) Subject to the approval of the State Board of Education and except as provided in
Subsection (8), an applicant identified in Section [
53A-1a-504
] 
53G-5-302
 may enter into an
agreement with a board of trustees of a higher education institution authorizing the applicant to
establish and operate a charter school.
(2) (a) An applicant applying for authorization from a board of trustees to establish and
operate a charter school shall provide a copy of the application to the State Charter School
Board and the local school board of the school district in which the proposed charter school
will be located either before or at the same time the applicant files the application with the
board of trustees.
(b) The State Charter School Board and the local school board may review the
application and offer suggestions or recommendations to the applicant or the board of trustees
before acting on the application.
(c) The board of trustees shall give due consideration to suggestions or
recommendations made by the State Charter School Board or the local school board under
Subsection (2)(b).
(3) (a) If a board of trustees approves an application to establish and operate a charter
school, the board of trustees shall submit the application to the State Board of Education.
(b) The State Board of Education shall, by majority vote, within 60 days of receipt of
the application, approve or deny an application approved by a board of trustees.
(c) The State Board of Education's action under Subsection (3)(b) is final action subject
to judicial review.
(4) The State Board of Education shall make a rule providing a timeline for the
opening of a charter school following the approval of a charter school application by a board of
trustees.
(5) After approval of a charter school application, the applicant and the board of
trustees shall set forth the terms and conditions for the operation of the charter school in a
written charter agreement.
(6) (a) The school's charter may include a provision that the charter school pay an
annual fee for the board of trustees' costs in providing oversight of, and technical support to,
the charter school in accordance with Subsection (7).
(b) In the first two years that a charter school is in operation, an annual fee described in
Subsection (6)(a) may not exceed the product of 3% of the revenue the charter school receives
from the state in the current fiscal year.
(c) Beginning with the third year that a charter school is in operation, an annual fee
described in Subsection (6)(a) may not exceed the product of 1% of the revenue a charter
school receives from the state in the current fiscal year.
(d) An annual fee described in Subsection (6)(a) shall be:
(i) paid to the board of trustees' higher education institution; and
(ii) expended as directed by the board of trustees.
(7) A board of trustees shall:
(a) annually review and evaluate the performance of charter schools authorized by the
board of trustees and hold the schools accountable for their performance;
(b) monitor charter schools authorized by the board of trustees for compliance with
federal and state laws, rules, and regulations; and
(c) provide technical support to charter schools authorized by the board of trustees to
assist them in understanding and performing their charter obligations.
(8) (a) In addition to complying with the requirements of this section, a technical
college board of directors described in Section 
53B-2a-108
 shall obtain the approval of the
Utah System of Technical Colleges Board of Trustees before entering into an agreement to
establish and operate a charter school.
(b) If a technical college board of directors approves an application to establish and
operate a charter school, the technical college board of directors shall submit the application to
the Utah System of Technical Colleges Board of Trustees.
(c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
within 60 days of receipt of an application described in Subsection (8)(b), approve or deny the
application.
(d) The Utah System of Technical Colleges Board of Trustees may deny an application
approved by a technical college board of directors if the proposed charter school does not
accomplish a purpose of charter schools as provided in Section [
53A-1a-503
] 
53G-5-104
.
(e) A charter school application may not be denied on the basis that the establishment
of the charter school will have any or all of the following impacts on a public school, including
another charter school:
(i) an enrollment decline;
(ii) a decrease in funding; or
(iii) a modification of programs or services.
(9) (a) Subject to the requirements of this [
part
] 
chapter and other related provisions
, a
technical college board of directors may establish:
(i) procedures for submitting applications to establish and operate a charter school; or
(ii) criteria for approval of an application to establish and operate a charter school.
(b) The Utah System of Technical Colleges Board of Trustees may not establish policy
governing the procedures or criteria described in Subsection (9)(a).
(10) Before a technical college board of directors accepts a charter school application,
the technical college board of directors shall, in accordance with State Board of Education
rules, establish and make public:
(a) application requirements, in accordance with Section [
53A-1a-504
] 
53G-5-302
;
(b) the application process, including timelines, in accordance with this section; and
(c) minimum academic, financial, and enrollment standards.
Section 102. Section 
53G-5-401
, which is renumbered from Section 53A-1a-503.5 is
renumbered and amended to read:
Part 4. Powers and Duties
[
53A-1a-503.5
].
 53G-5-401.
Status of charter schools.
(1) Charter schools are:
(a) considered to be public schools within the state's public education system;
(b) subject to Subsection [
53A-1-401
] 
53E-3-401
(8); and
(c) governed by independent boards and held accountable to a legally binding written
contractual agreement.
(2) A charter school may be established by:
(a) creating a new school; or
(b) converting an existing public school to charter status.
(3) A parochial school or home school is not eligible for charter school status.
Section 103. Section 
53G-5-402
, which is renumbered from Section 53A-1a-523 is
renumbered and amended to read:
[
53A-1a-523
].
 53G-5-402.
Property tax exemption for property owned by a
charter school.
For purposes of a property tax exemption for property of school districts under
Subsection 
59-2-1101
(3)(a)(ii)(B), a charter school is considered to be a school district.
Section 104. Section 
53G-5-403
, which is renumbered from Section 53A-1a-517 is
renumbered and amended to read:
[
53A-1a-517
].
 53G-5-403.
Charter school assets.
(1) (a) A charter school may receive, hold, manage, and use any devise, bequest, grant,
endowment, gift, or donation of any asset made to the school for any of the purposes of this
[
part
] 
chapter and other related provisions
.
(b) Unless a donor or grantor specifically provides otherwise in writing, all assets
described in Subsection (1) shall be presumed to be made to the charter school and shall be
included in the charter school's assets.
(2) It is unlawful for any person affiliated with a charter school to demand or request
any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
with the charter school as a condition for employment or enrollment at the school or continued
attendance at the school.
(3) All assets purchased with charter school funds shall be included in the charter
school's assets.
(4) A charter school may not dispose of its assets in violation of the provisions of this
[
part
] 
chapter or other related provisions
, state board rules, policies of its charter school
authorizer, or its charter, including the provisions governing the closure of a charter school
under Section [
53A-1a-510.5
] 
53G-5-504
.
Section 105. Section 
53G-5-404
, which is renumbered from Section 53A-1a-507 is
renumbered and amended to read:
[
53A-1a-507
].
 53G-5-404.
Requirements for charter schools.
(1) A charter school shall be nonsectarian in its programs, admission policies,
employment practices, and operations.
(2) A charter school may not charge tuition or fees, except those fees normally charged
by other public schools.
(3) A charter school shall meet all applicable federal, state, and local health, safety, and
civil rights requirements.
(4) (a) A charter school shall make the same annual reports required of other public
schools under this [
title
] 
public education code
, including an annual financial audit report.
(b) A charter school shall file its annual financial audit report with the Office of the
State Auditor within six months of the end of the fiscal year.
(5) (a) A charter school shall be accountable to the charter school's authorizer for
performance as provided in the school's charter.
(b) To measure the performance of a charter school, an authorizer may use data
contained in:
(i) the charter school's annual financial audit report;
(ii) a report submitted by the charter school as required by statute; or
(iii) a report submitted by the charter school as required by its charter.
(c) A charter school authorizer may not impose performance standards, except as
permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
accomplish the purposes of charter schools as provided in Section [
53A-1a-503
] 
53G-5-104
 or
as otherwise provided in law.
(6) A charter school may not advocate unlawful behavior.
(7) Except as provided in Section [
53A-1a-515
] 
53G-5-305
, a charter school shall be
organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act,
after its authorization.
(8) A charter school shall provide adequate liability and other appropriate insurance.
(9) Beginning on July 1, 2014, a charter school shall submit any lease, lease-purchase
agreement, or other contract or agreement relating to the charter school's facilities or financing
of the charter school's facilities to the school's authorizer and an attorney for review and advice
prior to the charter school entering into the lease, agreement, or contract.
(10) A charter school may not employ an educator whose license has been suspended
or revoked by the State Board of Education under Section [
53A-6-501
] 
53E-6-604
.
Section 106. Section 
53G-5-405
, which is renumbered from Section 53A-1a-511 is
renumbered and amended to read:
[
53A-1a-511
].
 53G-5-405.
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,
] 
this public education code
 and other state laws
applicable to public schools, except as otherwise provided in this [
part
] 
chapter and other
related provisions
.
[
(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)
] 
(2)
 (a) Except as provided in Subsection [
(3)
] 
(2)
(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)
] 
(3)
 The following provisions of [
Title 53A, State System of Public Education
]
this public education code
, and rules adopted under those provisions, do not apply to a charter
school:
(a) Sections [
53A-1a-108
] 
53G-7-1202
 and [
53A-1a-108.5
] 
53G-7-1204
, requiring the
establishment of a school community council and school improvement plan;
(b) Section [
53A-3-420
] 
53G-4-409
, requiring the use of activity disclosure statements;
(c) Section [
53A-12-207
] 
53G-7-606
, requiring notification of intent to dispose of
textbooks;
(d) Section [
53A-13-107
] 
53G-10-404
, requiring annual presentations on adoption;
(e) Sections [
53A-19-103
] 
53G-7-304
 and [
53A-19-105
] 
53G-7-306
 pertaining to fiscal
procedures of school districts and local school boards; and
(f) Section [
53A-14-107
] 
53E-4-408
, requiring an independent evaluation of
instructional materials.
[
(5)
] 
(4)
 For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
school is considered an educational procurement unit as defined in Section 
63G-6a-103
.
[
(6)
] 
(5)
 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)
] 
(6)
 A charter school is exempt from Section 
51-2a-201.5
, requiring accounting
reports of certain nonprofit corporations. A charter school is subject to the requirements of
Section [
53A-1a-507
] 
53G-5-404
.
[
(8)
] 
(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 107. Section 
53G-5-406
, which is renumbered from Section 53A-1a-520 is
renumbered and amended to read:
[
53A-1a-520
].
 53G-5-406.
Accountability -- Rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
after consultation with chartering entities, the State Board of Education shall make rules that:
(1) require a charter school to develop an accountability plan, approved by its charter
school authorizer, during its first year of operation;
(2) require an authorizer to:
(a) visit a charter school at least once during:
(i) its first year of operation; and
(ii) the review period described under Subsection (3); and
(b) provide written reports to its charter schools after the visits; and
(3) establish a review process that is required of a charter school once every five years
by its authorizer.
Section 108. Section 
53G-5-407
, which is renumbered from Section 53A-1a-512 is
renumbered and amended to read:
[
53A-1a-512
].
 53G-5-407.
Employees of charter schools.
(1) A charter school shall select its own employees.
(2) The school's governing board shall determine the level of compensation and all
terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
and under this [
part
] 
chapter and other related provisions
.
(3) The following statutes governing public employees and officers do not apply to a
charter school:
(a) Chapter [
8a, Public Education Human Resource Management Act
] 
11, Part 5,
School District and Utah Schools for the Deaf and the Blind Employee Requirements
; and
(b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
(4) (a) To accommodate differentiated staffing and better meet student needs, a charter
school, under rules adopted by the State Board of Education, shall employ teachers who:
(i) are licensed; or
(ii) on the basis of demonstrated competency, would qualify to teach under alternative
certification or authorization programs.
(b) The school's governing board shall disclose the qualifications of its teachers to the
parents of its students.
(5) State Board of Education rules governing the licensing or certification of
administrative and supervisory personnel do not apply to charter schools.
(6) (a) An employee of a school district may request a leave of absence in order to
work in a charter school upon approval of the local school board.
(b) While on leave, the employee may retain seniority accrued in the school district and
may continue to be covered by the benefit program of the district if the charter school and the
locally elected school board mutually agree.
(7) (a) A proposed or authorized charter school may elect to participate as an employer
for retirement programs under:
(i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
(ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
(iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
(b) An election under this Subsection (7):
(i) shall be documented by a resolution adopted by the governing board of the charter
school; and
(ii) applies to the charter school as the employer and to all employees of the charter
school.
(c) The governing board of a charter school may offer employee benefit plans for its
employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
or
(ii) under any other program.
(8) A charter school may not revoke an election to participate made under Subsection
(7).
(9) The governing board of a charter school shall ensure that, prior to the beginning of
each school year, each of its employees signs a document acknowledging that the employee:
(a) has received:
(i) the disclosure required under Section 
63A-4-204.5
 if the charter school participates
in the Risk Management Fund; or
(ii) written disclosure similar to the disclosure required under Section 
63A-4-204.5
 if
the charter school does not participate in the Risk Management Fund; and
(b) understands the legal liability protection provided to the employee and what is not
covered, as explained in the disclosure.
Section 109. Section 
53G-5-408
, which is renumbered from Section 53A-1a-512.5 is
renumbered and amended to read:
[
53A-1a-512.5
].
 53G-5-408.
Criminal background checks on school
personnel.
The following individuals are required to submit to a criminal background check and
ongoing monitoring as provided in Section [
53A-15-1503
] 
53G-11-402
:
(1) an employee of a charter school who does not hold a current Utah educator license
issued by the State Board of Education under Title [
53A, Chapter 6, Educator Licensing and
Professional Practices Act
] 
53E, Chapter 6, Education Professional Licensure
;
(2) a volunteer for a charter school who is given significant unsupervised access to a
student in connection with the volunteer's assignment;
(3) a contract employee, as defined in Section [
53A-15-1502
] 
53G-11-401
, who works
at a charter school; and
(4) a charter school governing board member.
Section 110. Section 
53G-5-409
, which is renumbered from Section 53A-1a-518 is
renumbered and amended to read:
[
53A-1a-518
].
 53G-5-409.
Regulated transactions and relationships --
Definitions -- Rulemaking.
(1) As used in this section:
(a) "Charter school officer" means:
(i) a member of a charter school's governing board;
(ii) a member of a board or an officer of a nonprofit corporation under which a charter
school is organized and managed; or
(iii) the chief administrative officer of a charter school.
(b) (i) "Employment" means a position in which a person's salary, wages, pay, or
compensation, whether as an employee or contractor, is paid from charter school funds.
(ii) "Employment" does not include a charter school volunteer.
(c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, or daughter-in-law.
(2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
may not be employed at a charter school.
(b) If a relative of a charter school officer is to be considered for employment in a
charter school, the charter school officer shall:
(i) disclose the relationship, in writing, to the other charter school officers;
(ii) submit the employment decision to the charter school's governing board for the
approval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from any meeting when the employment is being considered and
determined.
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
relative of a charter school officer may not have a financial interest in a contract or other
transaction involving a charter school in which the charter school officer serves as a charter
school officer.
(b) If a charter school's governing board considers entering into a contract or executing
a transaction in which a charter school officer or a relative of a charter school officer has a
financial interest, the charter school officer shall:
(i) disclose the financial interest, in writing, to the other charter school officers;
(ii) submit the contract or transaction decision to the charter school's governing board
for the approval, by majority vote, of the charter school's governing board;
(iii) abstain from voting on the issue; and
(iv) be absent from any meeting when the contract or transaction is being considered
and determined.
(c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
employment for:
(i) the chief administrative officer of a charter school; or
(ii) a relative of the chief administrative officer of a charter school whose employment
is approved in accordance with the provisions in Subsection (2).
(4) The State Board of Education or State Charter School Board may not operate a
charter school.
Section 111. Section 
53G-5-410
, which is renumbered from Section 53A-1a-524 is
renumbered and amended to read:
[
53A-1a-524
].
 53G-5-410.
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
] 
53F-2-404
:
(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 charter school
governing board policy and Subsection [
53A-1-706
] 
53G-7-216
(3); and
(3) may partner with one or more non-profit organizations to fulfill the duties described
in Subsections (1) and (2).
Section 112. Section 
53G-5-411
 is enacted to read:
 53G-5-411.
Charter school fiscal year -- Statistical reports.
(1) A charter school's fiscal year begins on July 1 and ends on June 30.
(2) (a) A charter school shall forward statistical reports for the preceding school year,
containing items required by law or by the State Board of Education, to the state superintendent
on or before November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete
the statement required under Subsection 
53E-3-301
(3)(d)(v).
(3) A charter school shall forward the accounting report required under Section
51-2a-201
 to the state superintendent on or before October 15 of each year.
Section 113. Section 
53G-5-412
 is enacted to read:
 53G-5-412.
Contract with regional service centers.
A public school that is a charter school may enter into a contract with an eligible
regional service center, as defined in Section 
53G-4-410
, to receive education-related services
from the eligible regional service center.
Section 114. Section 
53G-5-413
 is enacted to read:
 53G-5-413.
Charter school governing board meetings -- Rules of order and
procedure.
(1) As used in this section, "rules of order and procedure" means a set of rules that
governs and prescribes in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(2) Subject to Subsection (4), a charter school governing board shall:
(a) adopt rules of order and procedure to govern a public meeting of the charter school
governing board;
(b) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (2)(a); and
(c) make the rules of order and procedure described in Subsection (2)(a) available to
the public:
(i) at each public meeting of the charter school governing board; and
(ii) on the charter school governing board's public website, if available.
(3) The requirements of this section do not affect a charter school governing board's
duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Section 115. Section 
53G-5-501
, which is renumbered from Section 53A-1a-509 is
renumbered and amended to read:
Part 5. Noncompliance, Charter Termination, and Liability
[
53A-1a-509
].
 53G-5-501.
Noncompliance -- Rulemaking.
(1) If a charter school is found to be out of compliance with the requirements of
Section [
53A-1a-507
] 
53G-5-404
 or the school's charter, the charter school authorizer shall
notify the following in writing that the charter school has a reasonable time to remedy the
deficiency, except as otherwise provided in Subsection [
53A-1a-510
] 
53G-5-503
(4):
(a) the governing board of the charter school; and
(b) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with [
Chapter 20b, Part 2
] 
Part 6
, Charter School Credit Enhancement Program, the
Utah Charter School Finance Authority.
(2) If the charter school does not remedy the deficiency within the established timeline,
the authorizer may:
(a) subject to the requirements of Subsection (4), take one or more of the following
actions:
(i) remove a charter school director or finance officer;
(ii) remove a governing board member; or
(iii) appoint an interim director or mentor to work with the charter school; or
(b) subject to the requirements of Section [
53A-1a-510
] 
53G-5-503
, terminate the
school's charter.
(3) The costs of an interim director or mentor appointed pursuant to Subsection (2)(a)
shall be paid from the funds of the charter school for which the interim director or mentor is
working.
(4) The authorizer shall notify the Utah Charter School Finance Authority before the
authorizer takes an action described in Subsections (2)(a)(i) through (iii) if the charter school is
a qualifying charter school with outstanding bonds issued in accordance with [
Chapter 20b,
Part 2
] 
Part 6
, Charter School Credit Enhancement Program.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules:
(a) specifying the timeline for remedying deficiencies under Subsection (1); and
(b) ensuring the compliance of a charter school with its approved charter.
Section 116. Section 
53G-5-502
, which is renumbered from Section 53A-1a-509.5 is
renumbered and amended to read:
[
53A-1a-509.5
].
 53G-5-502.
Voluntary school improvement process.
(1) As used in this section, "high performing charter school" means a charter school
that:
(a) satisfies all requirements of state law and State Board of Education rules;
(b) has operated for at least three years meeting the terms of the school's charter
agreement; and
(c) has students performing at or above the academic performance standard in the
school's charter agreement.
(2) (a) Subject to Subsection (2)(b), a governing board may voluntarily request the
charter school's authorizer to place the school in a school improvement process.
(b) A governing board shall provide notice and a hearing on the governing board's
intent to make a request under Subsection (2)(a) to parents and guardians of students enrolled
in the charter school.
(3) An authorizer may grant a governing board's request to be placed in a school
improvement process if the governing board has provided notice and a hearing under
Subsection (2)(b).
(4) An authorizer that has entered into a school improvement process with a governing
board shall:
(a) enter into a contract with the governing board on the terms of the school
improvement process;
(b) notify the State Board of Education that the authorizer has entered into a school
improvement process with the governing board;
(c) make a report to a committee of the State Board of Education regarding the school
improvement process; and
(d) notify the Utah Charter School Finance Authority that the authorizer has entered
into a school improvement process with the governing board if the charter school is a
qualifying charter school with outstanding bonds issued in accordance with [
Chapter 20b, Part
] 
Part 6
, Charter School Credit Enhancement Program.
(5) Upon notification under Subsection (4)(b), and after the report described in
Subsection (4)(c), the State Board of Education shall notify charter schools and the school
district in which the charter school is located that the governing board has entered into a school
improvement process with the charter school's authorizer.
(6) A high performing charter school or the school district in which the charter school
is located may apply to the governing board to assume operation and control of the charter
school that has been placed in a school improvement process.
(7) A governing board that has entered into a school improvement process shall review
applications submitted under Subsection (6) and submit a proposal to the charter school's
authorizer to:
(a) terminate the school's charter, notwithstanding the requirements of Section
[
53A-1a-510
] 
53G-5-503
; and
(b) transfer operation and control of the charter school to:
(i) the school district in which the charter school is located; or
(ii) a high performing charter school.
(8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
may:
(a) approve a governing board's proposal under Subsection (7); or
(b) (i) deny a governing board's proposal under Subsection (7); and
(ii) (A) terminate the school's charter in accordance with Section [
53A-1a-510
]
53G-5-503
;
(B) allow the governing board to submit a revised proposal; or
(C) take no action.
(9) An authorizer may not take an action under Subsection (8) for a qualifying charter
school with outstanding bonds issued in accordance with [
Chapter 20b, Part 2
] 
Part 6
, Charter
School Credit Enhancement Program, without mutual agreement of the Utah Charter School
Finance Authority and the authorizer.
(10) (a) An authorizer that intends to transfer operation and control of a charter school
as described in Subsection (7)(b) shall request approval from the State Board of Education.
(b) (i) The State Board of Education shall consider an authorizer's request under
Subsection (10)(a) within 30 days of receiving the request.
(ii) If the State Board of Education denies an authorizer's request under Subsection
(10)(a), the authorizer may not transfer operation and control of the charter school as described
in Subsection (7)(b).
(iii) If the State Board of Education does not take action on an authorizer's request
under Subsection (10)(a) within 30 days of receiving the request, an authorizer may proceed to
transfer operation and control of the charter school as described in Subsection (7)(b).
Section 117. Section 
53G-5-503
, which is renumbered from Section 53A-1a-510 is
renumbered and amended to read:
[
53A-1a-510
].
 53G-5-503.
Termination of a charter.
(1) Subject to the requirements of Subsection (3), a charter school authorizer may
terminate a school's charter for any of the following reasons:
(a) failure of the charter school to meet the requirements stated in the charter;
(b) failure to meet generally accepted standards of fiscal management;
(c) subject to Subsection (8), failure to make adequate yearly progress under the No
Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;
(d) (i) designation as a low performing school under [
Chapter 1, Part 12
] 
Title 53E,
Chapter 5, Part 3
, School Turnaround and Leadership Development [
Act
]; and
(ii) failure to improve the school's grade under the conditions described in [
Chapter 1,
Part 12
] 
Title 53E, Chapter 5, Part 3
, School Turnaround and Leadership Development [
Act
];
(e) violation of requirements under this [
part
] 
chapter
 or another law; or
(f) other good cause shown.
(2) (a) The authorizer shall notify the following of the proposed termination in writing,
state the grounds for the termination, and stipulate that the governing board may request an
informal hearing before the authorizer:
(i) the governing board of the charter school; and
(ii) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with [
Chapter 20b, Part 2
] 
Part 6
, Charter School Credit Enhancement Program, the
Utah Charter School Finance Authority.
(b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
receiving a written request under Subsection (2)(a).
(c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
the governing board of the charter school may appeal the decision to the State Board of
Education.
(d) (i) The State Board of Education shall hear an appeal of a termination made
pursuant to Subsection (2)(c).
(ii) The State Board of Education's action is final action subject to judicial review.
(e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
with outstanding bonds issued in accordance with [
Chapter 20b, Part 2
] 
Part 6
, Charter School
Credit Enhancement Program, the authorizer shall conduct a hearing described in Subsection
(2)(b) 120 days or more after notifying the following of the proposed termination:
(A) the governing board of the qualifying charter school; and
(B) the Utah Charter School Finance Authority.
(ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
Finance Authority shall meet with the authorizer to determine whether the deficiency may be
remedied in lieu of termination of the qualifying charter school's charter.
(3) An authorizer may not terminate the charter of a qualifying charter school with
outstanding bonds issued in accordance with [
Chapter 20b, Part 2
] 
Part 6
, Charter School
Credit Enhancement Program, without mutual agreement of the Utah Charter School Finance
Authority and the authorizer.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the State Board of Education shall make rules that require a charter school to report any threats
to the health, safety, or welfare of its students to the State Charter School Board in a timely
manner.
(b) The rules under Subsection (4)(a) shall also require the charter school report to
include what steps the charter school has taken to remedy the threat.
(5) Subject to the requirements of Subsection (3), the authorizer may terminate a
charter immediately if good cause has been shown or if the health, safety, or welfare of the
students at the school is threatened.
(6) If a charter is terminated during a school year, the following entities may apply to
the charter school's authorizer to assume operation of the school:
(a) the school district where the charter school is located;
(b) the governing board of another charter school; or
(c) a private management company.
(7) (a) If a charter is terminated, a student who attended the school may apply to and
shall be enrolled in another public school under the enrollment provisions of [
Chapter 2, Part
2,
] 
Chapter 6, Part 3, School
 District [
of
] Residency, subject to space availability.
(b) Normal application deadlines shall be disregarded under Subsection (7)(a).
(8) Subject to the requirements of Subsection (3), an authorizer may terminate a charter
pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
Section 118. Section 
53G-5-504
, which is renumbered from Section 53A-1a-510.5 is
renumbered and amended to read:
[
53A-1a-510.5
].
 53G-5-504.
Charter school closure.
(1) If a charter school is closed for any reason, including the termination of a charter in
accordance with Section [
53A-1a-510
] 
53G-5-503
 or the conversion of a charter school to a
private school, the provisions of this section apply.
(2) A decision to close a charter school is made:
(a) when a charter school authorizer approves a motion to terminate described in
Subsection [
53A-1a-510
] 
53G-5-503
(2)(c);
(b) when the State Board of Education takes final action described in Subsection
[
53A-1a-510
] 
53G-5-503
(2)(d)(ii); or
(c) when a charter school provides notice to the charter school's authorizer that the
charter school is relinquishing the charter school's charter.
(3) (a) No later than 10 days after the day on which a decision to close a charter school
is made, the charter school shall:
(i) provide notice to the following, in writing, of the decision:
(A) if the charter school made the decision to close, the charter school's authorizer;
(B) the State Charter School Board;
(C) if the State Board of Education did not make the decision to close, the State Board
of Education;
(D) parents of students enrolled at the charter school;
(E) the charter school's creditors;
(F) the charter school's lease holders;
(G) the charter school's bond issuers;
(H) other entities that may have a claim to the charter school's assets;
(I) the school district in which the charter school is located and other charter schools
located in that school district; and
(J) any other person that the charter school determines to be appropriate; and
(ii) post notice of the decision on the Utah Public Notice Website, created in Section
63F-1-701
.
(b) The notice described in Subsection (3)(a) shall include:
(i) the proposed date of the charter school closure;
(ii) the charter school's plans to help students identify and transition into a new school;
and
(iii) contact information for the charter school during the transition.
(4) After a decision to close a charter school is made, the closing charter school shall:
(a) designate a custodian for the protection of student files and school business records;
(b) maintain a base of operation throughout the charter school closing, including:
(i) an office;
(ii) hours of operation;
(iii) operational telephone service with voice messaging stating the hours of operation;
and
(iv) a designated individual to respond to questions or requests during the hours of
operation;
(c) maintain insurance coverage and risk management coverage throughout the
transition to closure and for a period following closure of the charter school as specified by the
charter school's authorizer;
(d) complete a financial audit or other procedure required by board rule immediately
after the decision to close is made;
(e) inventory all assets of the charter school; and
(f) list all creditors of the charter school and specifically identify secured creditors and
assets that are security interests.
(5) The closing charter school's authorizer shall oversee the closing charter school's
compliance with Subsection (4).
(6) (a) A closing charter school shall return any assets remaining, after all liabilities
and obligations of the closing charter school are paid or discharged, to the closing charter
school's authorizer.
(b) The closing charter school's authorizer shall liquidate assets at fair market value or
assign the assets to another public school.
(7) The closing charter school's authorizer shall oversee liquidation of assets and
payment of debt in accordance with board rule. 
(8) The closing charter school shall:
(a) comply with all state and federal reporting requirements; and 
(b) submit all documentation and complete all state and federal reports required by the
closing charter school's authorizer or the State Board of Education , including documents to
verify the closing charter school's compliance with procedural requirements and satisfaction of
all financial issues.
(9) When the closing charter school's financial affairs are closed out and dissolution is
complete, the authorizer shall ensure that a final audit of the charter school is completed.
(10) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the State Board of Education shall, after considering
suggestions from charter school authorizers, make rules that:
(a) provide additional closure procedures for charter schools ; and
(b) establish a charter school closure process. 
Section 119. Section 
53G-5-505
, which is renumbered from Section 53A-1a-514 is
renumbered and amended to read:
[
53A-1a-514
].
 53G-5-505.
Tort liability.
(1) An employee of a charter school is a public employee and the governing board is a
public employer in the same manner as a local school board for purposes of tort liability.
(2) The governing board of a charter school, the nonprofit corporation under which the
charter school is organized and managed, and the school are solely liable for any damages
resulting from a legal challenge involving the operation of the school.
Section 120. Section 
53G-5-601
, which is renumbered from Section 53A-20b-102 is
renumbered and amended to read:
Part 6. Charter School Credit Enhancement Program
[
53A-20b-102
].
 53G-5-601.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Annual charter school enrollment" means the total enrollment of all students in the
state enrolled in a charter school in grades kindergarten through grade 12, based on October 1
enrollment counts.
(2) "Annual state enrollment" means the total enrollment of all students in the state
enrolled in a public school in grades kindergarten through grade 12, based on October 1
enrollment counts.
(3) "Authority" means the Utah Charter School Finance Authority created by this part.
(4) "Board" means the governing board of the authority described in Section
[
53A-20b-103
] 
53G-5-602
.
(5) "Charter school" means a school created under [
Title 53A, Chapter 1a, Part 5, The
Utah Charter Schools Act
] 
this chapter
.
(6) "Credit enhancement program" means the Charter School Credit Enhancement
Program established in [
Part 2, Charter School Credit Enhancement Program
] 
Section
53G-5-606
.
(7) "Debt service reserve fund" means the reserve fund created or established by, or for
the benefit of, a qualifying charter school for the purpose of paying principal of and interest on
bonds issued under the credit enhancement program as the payments become due and other
money of the qualifying charter school is not available to make the payments.
(8) "Debt service reserve fund requirement" means, as of a particular date of
computation, and with respect to a particular issue of bonds, the amount required to be on
deposit in the debt service reserve fund, which amount:
(a) may be a sum certain or as set forth in a formula; and
(b) may not be less than the maximum annual debt service requirement for the related
bonds.
(9) (a) "Obligations" mean any notes, debentures, revenue bonds, or other evidences of
financial indebtedness, except as provided in Subsection (9)(b).
(b) "Obligations" do not include general obligation bonds.
(10) "Project" means:
(a) any building, structure, or property owned, to be acquired, or used by a charter
school for any of its educational purposes and the related appurtenances, easements,
rights-of-way, improvements, paving, utilities, landscaping, parking facilities, and lands; or
(b) any capital equipment owned, to be acquired, or used by a charter school for any of
its educational purposes, interests in land, and grounds, together with the personal property
necessary, convenient, or appurtenant to them.
(11) "Qualifying charter school" means a charter school that:
(a) meets standards adopted by the authority for participation in the credit enhancement
program; and
(b) is designated by the authority as a qualifying charter school for purposes of
participation in the credit enhancement program.
(12) "Reserve account" means the Charter School Reserve Account created in Section
[
53A-20b-301
] 
53F-9-303
.
Section 121. Section 
53G-5-602
, which is renumbered from Section 53A-20b-103 is
renumbered and amended to read:
[
53A-20b-103
].
 53G-5-602.
Utah Charter School Finance Authority created
-- Members -- Compensation -- Services.
(1) There is created a body politic and corporate known as the Utah Charter School
Finance Authority. The authority is created to provide an efficient and cost-effective method of
financing charter school facilities.
(2) The governing board of the authority shall be composed of:
(a) the governor or the governor's designee;
(b) the state treasurer; and
(c) the state superintendent of public instruction or the state superintendent's designee.
(3) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(4) Upon request, the State Board of Education shall provide staff support to the
authority.
Section 122. Section 
53G-5-603
, which is renumbered from Section 53A-20b-104 is
renumbered and amended to read:
[
53A-20b-104
].
 53G-5-603.
Powers and duties of authority.
(1) The authority shall have perpetual succession as a body politic and corporate.
(2) The authority may:
(a) sue and be sued in its own name;
(b) have, and alter at will, an official seal;
(c) contract with experts, advisers, consultants, and agents for needed services;
(d) receive and accept aid or contributions from any source, including the United States
or this state, in the form of money, property, labor, or other things of value to be held, used,
and applied to carry out the purposes of this part, subject to the conditions upon which the aid
and contributions are made, for any purpose consistent with this part;
(e) exercise the powers granted to municipalities and counties pursuant to Title 11,
Chapter 17, Utah Industrial Facilities and Development Act, including the power to borrow
money and issue obligations, including refunding obligations, subject to the same limitations as
that imposed on a municipality or county under the act, except:
(i) the authority may only exercise powers under the act to finance or refinance a
project as defined in Section [
53A-20b-102
] 
53G-5-601
; and
(ii) the authority's area of operation shall include all areas of the state;
(f) employ advisers, consultants, and agents, including financial experts, independent
legal counsel, and any advisers, consultants, and agents as may be necessary in its judgment
and fix their compensation;
(g) make and execute contracts and other instruments necessary or convenient for the
performance of its duties and the exercise of its powers and functions;
(h) in accordance with Section [
53A-20b-201
] 
53G-5-606
, designate a charter school
as a qualifying charter school for purposes of participation in the credit enhancement program;
and
(i) have and exercise any other powers or duties that are necessary or appropriate to
carry out and effectuate the purposes of this [
chapter
] 
part
.
(3) Except as provided in [
Part 2, Charter School Credit Enhancement Program
]
Section 
53G-5-607
, 
53G-5-608
, or 
53G-5-609
, the Utah Charter School Finance Authority may
not exercise power in any manner which would create general or moral obligations of the state
or of any agency, department, or political subdivision of the state.
Section 123. Section 
53G-5-604
, which is renumbered from Section 53A-20b-105 is
renumbered and amended to read:
[
53A-20b-105
].
 53G-5-604.
Limited obligations.
Except as provided in [
Part 2, Charter School Credit Enhancement Program
] 
Section
53G-5-607
, 
53G-5-608
, or 
53G-5-609
, bonds, notes, and other obligations issued by the
authority:
(1) do not constitute a debt, moral obligation, or liability of the state, or of any county,
city, town, school district, or any other political subdivision of the state;
(2) do not constitute the loan of credit of the state or of any county, city, town, school
district, or any other political subdivision of the state; and
(3) may not be paid from funds other than loan payments or lease revenues received
from a charter school or other funds pledged by a charter school.
Section 124. Section 
53G-5-605
, which is renumbered from Section 53A-20b-106 is
renumbered and amended to read:
[
53A-20b-106
].
 53G-5-605.
State to succeed to property of authority when
encumbrances paid or authority dissolved.
(1) If the authority is dissolved at any time, for any reason, all funds, property, rights,
and interests of the authority, following the satisfaction of the authority's obligations, shall
immediately vest in and become the property of the state, which shall succeed to all rights of
the authority subject to any encumbrances which may then exist on any particular properties.
(2) None of the net earnings of the authority shall inure to the benefit of any private
person.
Section 125. Section 
53G-5-606
, which is renumbered from Section 53A-20b-201 is
renumbered and amended to read:
[
53A-20b-201
].
 53G-5-606.
 Charter School Credit Enhancement Program --
Standards for the designation of qualifying charter schools -- Debt service reserve fund
requirements.
(1) There is created the Charter School Credit Enhancement Program to assist
qualifying charter schools in obtaining favorable financing by providing a means of
replenishing a qualifying charter school's debt service reserve fund.
(2) The authority shall establish standards for a charter school to be designated as a
qualifying charter school.
(3) In establishing the standards described in Subsection (2) the authority shall
consider:
(a) whether a charter school has received an investment grade rating, independent of
any rating enhancement resulting from the issuance of bonds pursuant to the credit
enhancement program;
(b) the location of the charter school's project;
(c) the operating history of the charter school;
(d) the financial strength of the charter school; and
(e) any other criteria the authority determines are relevant.
(4) The bonds issued by the authority for a qualifying charter school are not an
indebtedness of the state or of the authority but are special obligations payable solely from:
(a) the revenues or other funds pledged by the qualifying charter school; and
(b) amounts appropriated by the Legislature pursuant to Subsection (9).
(5) The authority shall notify the authorizer of a charter school that the charter school is
participating in the credit enhancement program if the authority:
(a) designates the charter school as a qualifying charter school; and
(b) issues bonds for the qualifying charter school under the credit enhancement
program.
(6) One or more debt service reserve funds shall be established for a qualifying charter
school with respect to bonds issued pursuant to the credit enhancement program.
(7) (a) Except as provided in Subsection (7)(b), money in a debt service reserve fund
may not be withdrawn from the debt service reserve fund if the amount withdrawn would
reduce the level of money in the debt service reserve fund to less than the debt service reserve
fund requirement.
(b) So long as the applicable bonds issued under the credit enhancement program
remain outstanding, money in a debt service reserve fund may be withdrawn in an amount that
would reduce the level of money in the debt service reserve fund to less than the debt service
reserve fund requirement if the money is withdrawn for the purpose of:
(i) paying the principal of, redemption price of, or interest on a bond when due and if
no other money of the qualifying charter school is available to make the payment, as
determined by the authority; or
(ii) paying any redemption premium required to be paid when the bonds are redeemed
prior to maturity if no bonds will remain outstanding upon payment from the funds in the
qualifying charter school's debt service reserve fund.
(8) Money in a qualifying charter school's debt service reserve fund that exceeds the
debt service reserve fund requirement may be withdrawn by the qualifying charter school.
(9) (a) The authority shall annually, on or before December 1, certify to the governor
the amount, if any, required to restore amounts on deposit in the debt service reserve funds of
qualifying charter schools to the respective debt service reserve fund requirements.
(b) The governor shall request from the Legislature an appropriation of the certified
amount to restore amounts on deposit in the debt service reserve funds of qualifying charter
schools to the respective debt service reserve fund requirements.
(c) The Legislature may appropriate money to the authority to restore amounts on
deposit in the debt service reserve funds of qualifying charter schools to the respective debt
service reserve fund requirements.
(d) A qualifying charter school that receives money from an appropriation to restore
amounts on deposit in a debt service reserve fund to the debt service reserve fund requirement,
shall repay the state at the time and in the manner as the authority shall require.
(10) The authority may create and establish other funds for its purposes.
Section 126. Section 
53G-5-607
, which is renumbered from Section 53A-20b-202 is
renumbered and amended to read:
[
53A-20b-202
].
 53G-5-607.
Charter School Reserve Account contribution
requirements for qualifying charter schools.
(1) When bonds are issued under the credit enhancement program for a qualifying
charter school, the qualifying charter school shall contribute money to the reserve account in
the amount determined as provided in Subsection (2).
(2) The authority shall determine the up-front and ongoing requirements for
contributions of money to the reserve account for each qualifying charter school.
Section 127. Section 
53G-5-608
, which is renumbered from Section 53A-20b-203 is
renumbered and amended to read:
[
53A-20b-203
].
 53G-5-608.
Bond issuance.
(1) (a) The state may not alter, impair, or limit the rights of bondholders or persons
contracting with a qualifying charter school until the bonds, including interest and other
contractual obligations, are fully met and discharged.
(b) Nothing in this [
chapter
] 
part
 precludes an alteration, impairment, or limitation if
provision is made by law for the protection of bondholders or persons entering into contracts
with a qualifying charter school.
(2) The authority may require a qualifying charter school to vest in the authority the
right to enforce any covenant made to secure bonds issued under the credit enhancement
program by making appropriate provisions in the indenture related to the qualifying charter
school's bonds.
(3) The authority may require a qualifying charter school to make covenants and
agreements in indentures or in a reimbursement agreement to protect the interests of the state
and to secure repayment to the state of any money received by the qualifying charter school
from an appropriation to restore amounts deposited in the qualifying charter school's debt
service reserve fund to the debt service reserve fund requirement.
(4) The authority may charge a fee to administer the issuance of bonds for a qualifying
charter school.
Section 128. Section 
53G-5-609
, which is renumbered from Section 53A-20b-204 is
renumbered and amended to read:
[
53A-20b-204
].
 53G-5-609.
Limitation on participation in Charter School
Credit Enhancement Program.
(1) In accordance with Subsection (2), on or before January 1 of each year, the
authority shall determine the credit enhancement program's bond issuance limitation.
(2) The authority may not issue bonds for a qualifying charter school under the credit
enhancement program if the total par amount outstanding under the program would exceed an
amount equal to the product of:
(a) 1.3;
(b) an amount equal to the quotient of:
(i) annual charter school enrollment; divided by
(ii) annual state enrollment; and
(c) the total par amount then outstanding under the school bond guarantee program
established in [
Chapter 28, Utah School Bond Guaranty Act
] 
Chapter 4, Part 8, School District
Bond Guaranty
.
Section 129. Section 
53G-6-101
 is enacted to read:
CHAPTER 6. PARTICIPATION IN PUBLIC SCHOOLS
Part 1. General Provisions
 53G-6-101.
Title.
This chapter is known as "Participation in Public Schools."
Section 130. Section 
53G-6-102
 is enacted to read:
 53G-6-102.
Definitions.
Reserved
Section 131. Section 
53G-6-201
, which is renumbered from Section 53A-11-101 is
renumbered and amended to read:
Part 2. Compulsory Education
[
53A-11-101
].
 53G-6-201.
Definitions.
For purposes of this part:
(1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
school-age minor assigned to a class or class period to attend the entire class or class period.
(b) A school-age minor may not be considered absent under this part more than one
time during one day.
(2) "Habitual truant" means a school-age minor who:
(a) is at least 12 years old;
(b) is subject to the requirements of Section [
53A-11-101.5
] 
53G-6-202
; and
(c) (i) is truant at least 10 times during one school year; or
(ii) fails to cooperate with efforts on the part of school authorities to resolve the
minor's attendance problem as required under Section [
53A-11-103
] 
53G-6-206
.
(3) "Minor" means a person under the age of 18 years.
(4) "Parent" includes:
(a) a custodial parent of the minor;
(b) a legally appointed guardian of a minor; or
(c) any other person purporting to exercise any authority over the minor which could be
exercised by a person described in Subsection (4)(a) or (b).
(5) "School-age minor" means a minor who:
(a) is at least six years old, but younger than 18 years old; and
(b) is not emancipated.
(6) "School year" means the period of time designated by a local school board or local
charter board as the school year for the school where the school-age minor:
(a) is enrolled; or
(b) should be enrolled, if the school-age minor is not enrolled in school.
(7) "Truant" means absent without a valid excuse.
(8) "Truant minor" means a school-age minor who:
(a) is subject to the requirements of Section [
53A-11-101.5
] 
53G-6-202
 or
[
53A-11-101.7
] 
53G-6-203
; and
(b) is truant.
(9) "Valid excuse" means:
(a) an illness;
(b) a family death;
(c) an approved school activity;
(d) an absence permitted by a school-age minor's:
(i) individualized education program, developed pursuant to the Individuals with
Disabilities Education Improvement Act of 2004, as amended; or
(ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
of 1973, as amended; or
(e) any other excuse established as valid by a local school board, local charter board, or
school district.
Section 132. Section 
53G-6-202
, which is renumbered from Section 53A-11-101.5 is
renumbered and amended to read:
[
53A-11-101.5
].
 53G-6-202.
Compulsory education.
(1) For purposes of this section:
(a) "Intentionally" is as defined in Section 
76-2-103
.
(b) "Recklessly" is as defined in Section 
76-2-103
.
(c) "Remainder of the school year" means the portion of the school year beginning on
the day after the day on which the notice of compulsory education violation described in
Subsection (3) is served and ending on the last day of the school year.
(d) "School-age child" means a school-age minor under the age of 14.
(2) Except as provided in Section [
53A-11-102
] 
53G-6-204
 or [
53A-11-102.5
]
53G-6-702
, the parent of a school-age minor shall enroll and send the school-age minor to a
public or regularly established private school.
(3) A school administrator, a designee of a school administrator, a law enforcement
officer acting as a school resource officer, or a truancy specialist may issue a notice of
compulsory education violation to a parent of a school-age child if the school-age child is
absent without a valid excuse at least five times during the school year.
(4) The notice of compulsory education violation, described in Subsection (3):
(a) shall direct the parent of the school-age child to:
(i) meet with school authorities to discuss the school-age child's school attendance
problems; and
(ii) cooperate with the school board, local charter board, or school district in securing
regular attendance by the school-age child;
(b) shall designate the school authorities with whom the parent is required to meet;
(c) shall state that it is a class B misdemeanor for the parent of the school-age child to
intentionally or recklessly:
(i) fail to meet with the designated school authorities to discuss the school-age child's
school attendance problems; or
(ii) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year;
(d) shall be served on the school-age child's parent by personal service or certified
mail; and
(e) may not be issued unless the school-age child has been truant at least five times
during the school year.
(5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
from enrollment under Section [
53A-11-102
] 
53G-6-204
 or [
53A-11-102.5
] 
53G-6-702
.
(6) It is a class B misdemeanor for a parent of a school-age child to, after being served
with a notice of compulsory education violation in accordance with Subsections (3) and (4),
intentionally or recklessly:
(a) fail to meet with the school authorities designated in the notice of compulsory
education violation to discuss the school-age child's school attendance problems; or
(b) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year.
(7) A local school board, local charter board, or school district shall report violations of
this section to the appropriate county or district attorney.
Section 133. Section 
53G-6-203
, which is renumbered from Section 53A-11-101.7 is
renumbered and amended to read:
[
53A-11-101.7
].
 53G-6-203.
Truancy -- Notice of truancy -- Failure to
cooperate with school authorities.
(1) Except as provided in Section [
53A-11-102
] 
53G-6-204
 or [
53A-11-102.5
]
53G-6-702
, a school-age minor who is enrolled in a public school shall attend the public school
in which the school-age minor is enrolled.
(2) A local school board, charter school governing board, or school district may impose
administrative penalties on a school-age minor in accordance with Section [
53A-11-911
]
53G-8-211
 who is truant.
(3) A local school board or charter school governing board:
(a) may authorize a school administrator, a designee of a school administrator, a law
enforcement officer acting as a school resource officer, or a truancy specialist to issue notices
of truancy to school-age minors who are at least 12 years old; and
(b) shall establish a procedure for a school-age minor, or the school-age minor's
parents, to contest a notice of truancy.
(4) The notice of truancy described in Subsection (3):
(a) may not be issued until the school-age minor has been truant at least five times
during the school year;
(b) may not be issued to a school-age minor who is less than 12 years old;
(c) may not be issued to a minor exempt from school attendance as provided in Section
[
53A-11-102
] 
53G-6-204
 or [
53A-11-102.5
] 
53G-6-702
;
(d) shall direct the school-age minor and the parent of the school-age minor to:
(i) meet with school authorities to discuss the school-age minor's truancies; and
(ii) cooperate with the school board, local charter board, or school district in securing
regular attendance by the school-age minor; and
(e) shall be mailed to, or served on, the school-age minor's parent.
(5) Nothing in this part prohibits a local school board, charter school governing board,
or school district from taking action to resolve a truancy problem with a school-age minor who
has been truant less than five times, provided that the action does not conflict with the
requirements of this part.
Section 134. Section 
53G-6-204
, which is renumbered from Section 53A-11-102 is
renumbered and amended to read:
[
53A-11-102
].
 53G-6-204.
Minors exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age
minor from attendance for any of the following reasons:
(i) a school-age minor over age 16 may receive a partial release from school to enter
employment, or attend a trade school, if the school-age minor has completed the eighth grade;
or
(ii) on an annual basis, a school-age minor may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A) the school-age minor has already completed the work required for graduation from
high school, or has demonstrated mastery of required skills and competencies in accordance
with Subsection [
53A-15-102
] 
53F-2-501
(1);
(B) the school-age minor is in a physical or mental condition, certified by a competent
physician if required by the local school board or charter school governing board, which
renders attendance inexpedient and impracticable;
(C) proper influences and adequate opportunities for education are provided in
connection with the school-age minor's employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age minor over the age of 16 is unable to profit from attendance at school because of
inability or a continuing negative attitude toward school regulations and discipline.
(b) A school-age minor receiving a partial release from school under Subsection
(1)(a)(i) is required to attend:
(i) school part time as prescribed by the local school board or charter school governing
board; or
(ii) a home school part time.
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
must be sufficient to satisfy the local school board or charter school governing board.
(d) A local school board or charter school governing board that excuses a school-age
minor from attendance as provided by this Subsection (1) shall issue a certificate that the minor
is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age minor from attendance, if the
school-age minor's parent files a signed and notarized affidavit with the school-age minor's
school district of residence, as defined in Section [
53A-2-201
] 
53G-6-302
, that:
(i) the school-age minor will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age minor,
except to the extent the school-age minor is dual enrolled in a public school as provided in
Section [
53A-11-102.5
] 
53G-6-702
.
(b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
remain in effect as long as:
(i) the school-age minor attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age minor's
district of residence.
(c) A parent of a school-age minor who attends a home school is solely responsible for:
(i) the selection of instructional materials and textbooks;
(ii) the time, place, and method of instruction; and
(iii) the evaluation of the home school instruction.
(d) A local school board may not:
(i) require a parent of a school-age minor who attends a home school to maintain
records of instruction or attendance;
(ii) require credentials for individuals providing home school instruction;
(iii) inspect home school facilities; or
(iv) require standardized or other testing of home school students.
(e) Upon the request of a parent, a local school board shall identify the knowledge,
skills, and competencies a student is recommended to attain by grade level and subject area to
assist the parent in achieving college and career readiness through home schooling.
(f) A local school board that excuses a school-age minor from attendance as provided
by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
excused from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age minor from
attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age minor's parent pursuant to Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age minor enrolls in a school within the school district;
(B) the school-age minor's parent or guardian notifies the school district that the
school-age minor no longer attends a home school; or
(C) the school-age minor's parent or guardian notifies the school district that the
school-age minor's school district of residence has changed.
(3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
is exempt from the application of Subsections [
53A-11-101.5
] 
53G-6-202
(2), (5), and (6).
(4) Nothing in this section may be construed to prohibit or discourage voluntary
cooperation, resource sharing, or testing opportunities between a school or school district and a
parent or guardian of a minor attending a home school.
Section 135. Section 
53G-6-205
, which is renumbered from Section 53A-11-101.3 is
renumbered and amended to read:
[
53A-11-101.3
].
 53G-6-205.
Preapproval of extended absence.
In determining whether to preapprove an extended absence of a school-age minor as a
valid excuse under Subsection [
53A-11-101
] 
53G-6-201
(9)(e), a local school board, local
charter board, or school district shall approve the absence if the local school board, local
charter board, or school district determines that the extended absence will not adversely impact
the school-age minor's education.
Section 136. Section 
53G-6-206
, which is renumbered from Section 53A-11-103 is
renumbered and amended to read:
[
53A-11-103
].
 53G-6-206.
Duties of a school board, local charter board, or
school district in resolving attendance problems -- Parental involvement -- Liability not
imposed.
(1) (a) Except as provided in Subsection (1)(b), a local school board, local charter
board, or school district shall make efforts to resolve the school attendance problems of each
school-age minor who is, or should be, enrolled in the school district.
(b) A minor exempt from school attendance under Section [
53A-11-102
] 
53G-6-204
 or
[
53A-11-102.5
] 
53G-6-702
 is not considered to be a minor who is or should be enrolled in a
school district or charter school under Subsection (1)(a).
(2) The efforts described in Subsection (1) shall include, as reasonably feasible:
(a) counseling of the minor by school authorities;
(b) issuing a notice of truancy to a school-age minor who is at least 12 years old, in
accordance with Section [
53A-11-101.7
] 
53G-6-203
;
(c) issuing a notice of compulsory education violation to a parent of a school-age child,
in accordance with Section [
53A-11-101.5
] 
53G-6-202
;
(d) making any necessary adjustment to the curriculum and schedule to meet special
needs of the minor;
(e) considering alternatives proposed by a parent;
(f) monitoring school attendance of the minor;
(g) voluntary participation in truancy mediation, if available; and
(h) providing a school-age minor's parent, upon request, with a list of resources
available to assist the parent in resolving the school-age minor's attendance problems.
(3) In addition to the efforts described in Subsection (2), the local school board, local
charter board, or school district may enlist the assistance of community and law enforcement
agencies as appropriate and reasonably feasible in accordance with Section [
53A-11-911
]
53G-8-211
.
(4) This section does not impose civil liability on boards of education, local school
boards, local charter boards, school districts, or their employees.
(5) Proceedings initiated under this part do not obligate or preclude action by the
Division of Child and Family Services under Section 
78A-6-319
.
Section 137. Section 
53G-6-207
, which is renumbered from Section 53A-11-104 is
renumbered and amended to read:
[
53A-11-104
].
 53G-6-207.
Truancy specialists.
A local school board or local charter board may appoint and fix the compensation of a
truancy specialist to assist in enforcing laws related to school attendance and to perform other
duties prescribed by law or the board.
Section 138. Section 
53G-6-208
, which is renumbered from Section 53A-11-105 is
renumbered and amended to read:
[
53A-11-105
].
 53G-6-208.
Taking custody of a person believed to be a
truant minor -- Disposition -- Reports -- Immunity from liability.
(1) A peace officer or public school administrator may take a minor into temporary
custody if there is reason to believe the minor is a truant minor.
(2) An individual taking a school-age minor into custody under Subsection (1) shall,
without unnecessary delay, release the minor to:
(a) the principal of the minor's school;
(b) a person who has been designated by the local school board or local charter board
to receive and return the minor to school; or
(c) a truancy center established under Subsection (5).
(3) If the minor refuses to return to school or go to the truancy center, the officer or
administrator shall, without unnecessary delay, notify the minor's parents and release the minor
to their custody.
(4) If the parents cannot be reached or are unable or unwilling to accept custody and
none of the options in Subsection (2) are available, the minor shall be referred to the Division
of Child and Family Services.
(5) (a) A local school board or local charter board, singly or jointly with another school
board, may establish or designate truancy centers within existing school buildings and staff the
centers with existing teachers or staff to provide educational guidance and counseling for truant
minors. Upon receipt of a truant minor, the center shall, without unnecessary delay, notify and
direct the minor's parents to come to the center, pick up the minor, and return the minor to the
school in which the minor is enrolled.
(b) If the parents cannot be reached or are unable or unwilling to comply with the
request within a reasonable time, the center shall take such steps as are reasonably necessary to
insure the safety and well being of the minor, including, when appropriate, returning the minor
to school or referring the minor to the Division of Child and Family Services. A minor taken
into custody under this section may not be placed in a detention center or other secure
confinement facility.
(6) Action taken under this section shall be reported to the appropriate school district. 
The district shall promptly notify the minor's parents of the action taken.
(7) The Utah Governmental Immunity Act applies to all actions taken under this
section.
(8) Nothing in this section may be construed to grant authority to a public school
administrator to place a minor in the custody of the Division of Child and Family Services,
without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
Section 139. Section 
53G-6-209
, which is renumbered from Section 53A-11-106 is
renumbered and amended to read:
[
53A-11-106
].
 53G-6-209.
Truancy support centers.
(1) A school district may establish one or more truancy support centers for:
(a) truant minors taken into custody under Section [
53A-11-105
] 
53G-6-208
; or
(b) students suspended or expelled from school.
(2) A truancy support center shall provide services to the truant minor and the truant
minor's family, including:
(a) assessments of the truant minor's needs and abilities;
(b) support for the parents and truant minor through counseling and community
programs; and
(c) tutoring for the truant minor during the time spent at the center.
(3) For the suspended or expelled student, the truancy support center shall provide an
educational setting, staffed with certified teachers and aides, to provide the student with
ongoing educational programming appropriate to the student's grade level.
(4) In a district with a truancy support center, all students suspended or expelled from
school shall be referred to the center. A parent or guardian shall appear with the student at the
center within 48 hours of the suspension or expulsion, not including weekends or holidays. 
The student shall register and attend classes at the truancy support center for the duration of the
suspension or expulsion unless the parent or guardian demonstrates that alternative
arrangements have been made for the education or supervision of the student during the time of
suspension or expulsion.
(5) The truancy support center may provide counseling and other support programming
for students suspended or expelled from school and their parents or guardian.
Section 140. Section 
53G-6-301
 is enacted to read:
Part 3. School District Residency
 53G-6-301.
Definitions.
Reserved
Section 141. Section 
53G-6-302
, which is renumbered from Section 53A-2-201 is
renumbered and amended to read:
[
53A-2-201
].
 53G-6-302.
Child's school district of residence --
Determination -- Responsibility for providing educational services.
(1) As used in this section:
(a) "Health care facility" means the same as that term is defined in Section 
26-21-2
.
(b) "Human services program" means the same as that term is defined in Section
62A-2-101
.
(2) The school district of residence of a minor child whose custodial parent or legal
guardian resides within Utah is:
(a) the school district in which the custodial parent or legal guardian resides; or
(b) the school district in which the child resides:
(i) while in the custody or under the supervision of a Utah state agency;
(ii) while under the supervision of a private or public agency which is in compliance
with Section 
62A-4a-606
 and is authorized to provide child placement services by the state;
(iii) while living with a responsible adult resident of the district, if a determination has
been made in accordance with rules made by the State Board of Education in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section [
53A-2-207
] 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
does not violate any other law or rule of the State Board of Education;
(iv) while the child is receiving services from a health care facility or human services
program, if a determination has been made in accordance with rules made by the State Board of
Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section [
53A-2-207
] 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
does not violate any other law or rule of the State Board of Education; or
(v) if the child is married or has been determined to be an emancipated minor by a
court of law or by a state administrative agency authorized to make that determination.
(3) A minor child whose custodial parent or legal guardian does not reside in the state
is considered to be a resident of the district in which the child lives, unless that designation
violates any other law or rule of the State Board of Education, if:
(a) the child is married or an emancipated minor under Subsection (2)(b)(v);
(b) the child lives with a resident of the district who is a responsible adult and whom
the district agrees to designate as the child's legal guardian under Section [
53A-2-202
]
53G-6-303
; or
(c) if permissible under policies adopted by a local school board, it is established to the
satisfaction of the local school board that:
(i) the child lives with a responsible adult who is a resident of the district and is the
child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
(ii) the child's presence in the district is not for the primary purpose of attending the
public schools;
(iii) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes; and
(iv) the child is prepared to abide by the rules and policies of the school and school
district in which attendance is sought.
(4) (a) If admission is sought under Subsection (2)(b)(iii), or (3)(c), then the district
may require the person with whom the child lives to be designated as the child's custodian in a
durable power of attorney, issued by the party who has legal custody of the child, granting the
custodian full authority to take any appropriate action, including authorization for educational
or medical services, in the interests of the child.
(b) Both the party granting and the party empowered by the power of attorney shall
agree to:
(i) assume responsibility for any fees or other charges relating to the child's education
in the district; and
(ii) if eligibility for fee waivers is claimed under Section [
53A-12-103
] 
53G-7-504
,
provide the school district with all financial information requested by the district for purposes
of determining eligibility for fee waivers.
(c) Notwithstanding Section 
75-5-103
, a power of attorney meeting the requirements of
this section and accepted by the school district shall remain in force until the earliest of the
following occurs:
(i) the child reaches the age of 18, marries, or becomes emancipated;
(ii) the expiration date stated in the document; or
(iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
or by order of a court of competent jurisdiction.
(5) A power of attorney does not confer legal guardianship.
(6) Each school district is responsible for providing educational services for all
children of school age who are residents of the district.
Section 142. Section 
53G-6-303
, which is renumbered from Section 53A-2-202 is
renumbered and amended to read:
[
53A-2-202
].
 53G-6-303.
Guardianship for residency purposes by
responsible adult -- Procedure to obtain -- Termination.
(1) For purposes of this part, "responsible adult" means a person 21 years of age or
older who is a resident of this state and is willing and able to provide reasonably adequate food,
clothing, shelter, and supervision for a minor child.
(2) A local board of education may adopt a policy permitting it to designate a
responsible adult residing in the school district as legal guardian of a child whose custodial
parent or legal guardian does not reside within the state upon compliance with the following
requirements:
(a) submission to the school district of a signed and notarized affidavit by the child's
custodial parent or legal guardian stating that:
(i) the child's presence in the district is not for the primary purpose of attending the
public schools;
(ii) the child's physical, mental, moral, or emotional health would best be served by a
transfer of guardianship to the Utah resident;
(iii) the affiant is aware that designation of a guardian under this section is equivalent
to a court-ordered guardianship under Section 
75-5-206
 and will suspend or terminate any
existing parental or guardianship rights in the same manner as would occur under a
court-ordered guardianship;
(iv) the affiant consents and submits to any such suspension or termination of parental
or guardianship rights;
(v) the affiant consents and submits to the jurisdiction of the state district court in
which the school district is located in any action relating to the guardianship or custody of the
child in question;
(vi) the affiant designates a named responsible adult as agent, authorized to accept
service on behalf of the affiant of any process, notice, or demand required or permitted to be
served in connection with any action under Subsection (2)(a)(v); and
(vii) it is the affiant's intent that the child become a permanent resident of the state and
reside with and be under the supervision of the named responsible adult;
(b) submission to the school district of a signed and notarized affidavit by the
responsible adult stating that:
(i) the affiant is a resident of the school district and desires to become the guardian of
the child;
(ii) the affiant consents and submits to the jurisdiction of the state district court in
which the school district is located in any action relating to the guardianship or custody of the
child in question;
(iii) the affiant will accept the responsibilities of guardianship for the duration,
including the responsibility to provide adequate supervision, discipline, food, shelter,
educational and emotional support, and medical care for the child if designated as the child's
guardian; and
(iv) the affiant accepts the designation as agent under Subsection (2)(a)(vi);
(c) submission to the school district of a signed and notarized affidavit by the child
stating that:
(i) the child desires to become a permanent resident of Utah and reside with and be
responsible to the named responsible adult; and
(ii) the child will abide by all applicable rules of any public school which the child may
attend after guardianship is awarded; and
(d) if the child's custodial parent or legal guardian cannot be found in order to execute
the statement required under Subsection (2)(a), the responsible adult must submit an affidavit
to that effect to the district. The district shall also submit a copy of the statement to the
Criminal Investigations and Technical Services Division of the Department of Public Safety,
established in Section 
53-10-103
.
(3) The district may require the responsible adult, in addition to the documents set forth
in Subsection (2), to also submit any other documents which are relevant to the appointment of
a guardian of a minor or which the district reasonably believes to be necessary in connection
with a given application to substantiate any claim or assertion made in connection with the
application for guardianship.
(4) Upon receipt of the information and documentation required under Subsections (2)
and (3), and a determination by the board that the information is accurate, that the requirements
of this section have been met, and that the interests of the child would best be served by
granting the requested guardianship, the school board or its authorized representative may
designate the applicant as guardian of the child by issuing a designation of guardianship letter
to the applicant.
(5) (a) If a local school board has adopted a policy permitting the board to designate a
guardian under this section, a denial of an application for appointment of a guardian may be
appealed to the district court in which the school district is located.
(b) The court shall uphold the decision of the board unless it finds, by clear and
convincing evidence, that the board's decision was arbitrary and capricious.
(c) An applicant may, rather than appealing the board's decision under Subsection
(5)(b), file an original Petition for Appointment of Guardian with the district court, which
action shall proceed as if no decision had been made by the school board.
(6) A responsible adult obtaining guardianship under this section has the same rights,
authority, and responsibilities as a guardian appointed under Section 
75-5-201
.
(7) (a) The school district shall deliver the original documents filed with the school
district, together with a copy of the designation of guardianship issued by the district, in person
or by any form of mail requiring a signed receipt, to the clerk of the state district court in which
the school district is located.
(b) The court may not charge the school district a fee for filing guardianship papers
under this section.
(8) (a) The authority and responsibility of a custodial parent or legal guardian
submitting an affidavit under this section may be restored by the district, and the guardianship
obtained under this section terminated by the district:
(i) upon submission to the school district in which the guardianship was obtained of a
signed and notarized statement by the person who consented to guardianship under Subsection
(2)(a) requesting termination of the guardianship; or
(ii) by the person accepting guardianship under Subsection (2)(b) requesting the
termination of the guardianship.
(b) If the school district determines that it would not be in the best interests of the child
to terminate the guardianship, the district may refer the request for termination to the state
district court in which the documents were filed under Subsection (5) for further action
consistent with the interests of the child.
(9) The school district shall retain copies of all documents required by this section 
until the child in question has reached the age of 18 unless directed to surrender the documents
by a court of competent jurisdiction.
(10) (a) Intentional submission to a school district of fraudulent or misleading
information under this part is punishable under Section 
76-8-504
.
(b) A school district which has reason to believe that a party has intentionally
submitted false or misleading information under this part may, after notice and opportunity for
the party to respond to the allegation:
(i) void any guardianship, authorization, or action which was based upon the false or
misleading information; and
(ii) recover, from the party submitting the information, the full cost of any benefits
received by the child on the basis of the false or misleading information, including tuition, fees,
and other unpaid school charges, together with any related costs of recovery.
(c) A student whose guardianship or enrollment has been terminated under this section
may, upon payment of all applicable tuition and fees, continue in enrollment until the end of
the school year unless excluded from attendance for cause.
Section 143. Section 
53G-6-304
, which is renumbered from Section 53A-2-203.5 is
renumbered and amended to read:
[
53A-2-203.5
].
 53G-6-304.
Recognition of guardianship.
(1) A document issued by other than a court of law which purports to award
guardianship to a person who is not a legal resident of the jurisdiction in which the
guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah
court.
(2) The procedure for obtaining approval under Subsection (1) is the procedure
required under Title 75, Chapter 5, Part 2, Guardians of Minors, for obtaining a court
appointment of a guardian.
Section 144. Section 
53G-6-305
, which is renumbered from Section 53A-2-204 is
renumbered and amended to read:
[
53A-2-204
].
 53G-6-305.
District paying tuition -- Effect on state aid.
(1) A local school board may by written agreement pay the tuition of a child attending
school in a district outside the state. Both districts shall approve the agreement and file it with
the State Board of Education.
(2) The average daily membership of the child may be added to that of other eligible
children attending schools within the district of residence for the purpose of apportionment of
state funds.
(3) (a) The district of residence shall bear any excess tuition costs over the state's
contribution for attendance in the district of residence unless otherwise approved in advance by
the State Board of Education.
(b) (i) If a child who resides in a Utah school district's boundaries attends school in a
neighboring state under this section, the State Board of Education may make an out-of-state
tuition payment to the Utah school district of residence.
(ii) If the State Board of Education approves the use of state funds for an out-of-state
tuition payment described in Subsection (3)(b)(i), the State Board of Education shall use funds
appropriated by the Legislature for necessarily existent small schools as described in Section
[
53A-17a-109
] 
53F-2-304
.
Section 145. Section 
53G-6-306
, which is renumbered from Section 53A-2-205 is
renumbered and amended to read:
[
53A-2-205
].
 53G-6-306.
Permitting attendance by nonresident of the state
-- Tuition.
(1) A local school board may permit a child residing outside the state to attend school
within the district. With the exception of a child enrolled under Section [
53A-2-206
]
53G-6-707
, the child is not included for the purpose of apportionment of state funds.
(2) The board shall charge the nonresident child tuition at least equal to the per capita
cost of the school program in which the child enrolls unless the board, in open meeting,
determines to waive the charge for that child in whole or in part. The official minutes of the
meeting shall reflect the determination.
Section 146. Section 
53G-6-401
, which is renumbered from Section 53A-2-206.5 is
renumbered and amended to read:
Part 4. School District Enrollment
[
53A-2-206.5
].
 53G-6-401.
Definitions.
As used in Sections [
53A-2-207
] 
53G-6-402
 through [
53A-2-213
] 
53G-6-407
:
(1) "Early enrollment" means:
(a) except as provided in Subsection (1)(b), application prior to the third Friday in
February for admission for the next school year to a school that is not a student's school of
residence; and
(b) application prior to November 1 for admission for the next school year to a school
that is not a student's school of residence if:
(i) the school district is doing a district wide grade reconfiguration of its elementary,
middle, junior, and senior high schools; and
(ii) the grade reconfiguration described in Subsection (1)(b) will be implemented in the
next school year.
(2) (a) "Early enrollment school capacity" or "maximum capacity" means the total
number of students who could be served in a school building if each of the building's
instructional stations were to have the enrollment specified in Subsection (2)(b).
(b) (i) Except as provided in Subsection (2)(b)(ii):
(A) for an elementary school, an instructional station shall have an enrollment at least
equal to the school district's average class size for the corresponding grade; and
(B) for a middle, junior, or senior high school, an instructional station shall have an
enrollment at least equal to the district's average class size for similar classes.
(ii) (A) A local school board shall determine the instructional station capacity for
laboratories, physical education facilities, shops, study halls, self-contained special education
classrooms, facilities jointly financed by the school district and another community agency for
joint use, and similar rooms.
(B) Capacity for self-contained special education classrooms shall be based upon
students per class as defined by State Board of Education and federal special education
standards.
(3) (a) "Instructional station" means a classroom, laboratory, shop, study hall, or
physical education facility to which a local board of education could reasonably assign a class,
teacher, or program during a given class period.
(b) More than one instructional station may be assigned to a classroom, laboratory,
shop, study hall, or physical education facility during a class period.
(4) "Late enrollment" means application:
(a) after the third Friday in February for admission for the next school year to a school
that is not the student's school of residence; or
(b) for admission for the current year to a school that is not the student's school of
residence.
(5) (a) "Late enrollment school capacity" or "adjusted capacity" means the total number
of students who could be served in a school if each teacher were to have the class size specified
in Subsection (5)(b).
(b) (i) An elementary school teacher shall have a class size at least equal to the district's
average class size for the corresponding grade.
(ii) A middle, junior, or senior high school teacher shall have a class size at least equal
to the district's average class size for similar classes.
(6) "Nonresident student" means a student who lives outside the boundaries of the
school attendance area.
(7) "Open enrollment threshold" means:
(a) for early enrollment, a projected school enrollment level that is the greater of:
(i) 90% of the maximum capacity; or
(ii) maximum capacity minus 40 students; and
(b) for late enrollment, actual school enrollment that is the greater of:
(i) 90% of adjusted capacity; or
(ii) adjusted capacity minus 40 students.
(8) "Projected school enrollment" means the current year enrollment of a school as of
October 1, adjusted for projected growth for the next school year.
(9) "School attendance area" means an area established by a local school board from
which students are assigned to attend a certain school.
(10) "School of residence" means the school to which a student is assigned to attend
based on the student's place of residence.
Section 147. Section 
53G-6-402
, which is renumbered from Section 53A-2-207 is
renumbered and amended to read:
[
53A-2-207
].
 53G-6-402.
Open enrollment options -- Procedures --
Processing fee -- Continuing enrollment.
(1) Each local school board is responsible for providing educational services consistent
with Utah state law and rules of the State Board of Education for each student who resides in
the district and, as provided in this section through Section [
53A-2-213
] 
53G-6-407
 and to the
extent reasonably feasible, for any student who resides in another district in the state and
desires to attend a school in the district.
(2) (a) A school is open for enrollment of nonresident students if the enrollment level
is at or below the open enrollment threshold.
(b) If a school's enrollment falls below the open enrollment threshold, the local school
board shall allow a nonresident student to enroll in the school.
(3) A local school board may allow enrollment of nonresident students in a school that
is operating above the open enrollment threshold.
(4) (a) A local school board shall adopt policies describing procedures for nonresident
students to follow in applying for entry into the district's schools.
(b) Those procedures shall provide, as a minimum, for:
(i) distribution to interested parties of information about the school or school district
and how to apply for admission;
(ii) use of standard application forms prescribed by the State Board of Education;
(iii) (A) submission of applications from December 1 through the third Friday in
February by those seeking admission during the early enrollment period for the following year;
or
(B) submission of applications from August 1 through November 1 by those seeking
admission during the early enrollment period for the following year in a school district
described in Subsection [
53A-2-206.5
] 
53G-6-401
(1)(b);
(iv) submission of applications by those seeking admission during the late enrollment
period;
(v) written notification to the student's parent or legal guardian of acceptance or
rejection of an application:
(A) within six weeks after receipt of the application by the district or by March 31,
whichever is later, for applications submitted during the early enrollment period;
(B) within two weeks after receipt of the application by the district or by the Friday
before the new school year begins, whichever is later, for applications submitted during the late
enrollment period for admission in the next school year; and
(C) within two weeks after receipt of the application by the district, for applications
submitted during the late enrollment period for admission in the current year;
(vi) written notification to the resident school for intradistrict transfers or the resident
district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and
(vii) written notification to the parents or legal guardians of each student that resides
within the school district and other interested parties of the revised early enrollment period
described in Subsection [
53A-2-206.5
] 
53G-6-401
(1)(b) if:
(A) the school district is doing a district wide grade reconfiguration of its elementary,
middle, junior, and senior high schools; and
(B) the grade reconfiguration described in Subsection (4)(b)(vii)(A) will be
implemented in the next school year.
(c) (i) Notwithstanding the dates established in Subsection (4)(b) for submitting
applications and notifying parents of acceptance or rejection of an application, a local school
board may delay the dates if a local school board is not able to make a reasonably accurate
projection of the early enrollment school capacity or late enrollment school capacity of a school
due to:
(A) school construction or remodeling;
(B) drawing or revision of school boundaries; or
(C) other circumstances beyond the control of the local school board.
(ii) The delay may extend no later than four weeks beyond the date the local school
board is able to make a reasonably accurate projection of the early enrollment school capacity
or late enrollment school capacity of a school.
(5) A school district may charge a one-time $5 processing fee, to be paid at the time of
application.
(6) An enrolled nonresident student shall be permitted to remain enrolled in a school,
subject to the same rules and standards as resident students, without renewed applications in
subsequent years unless one of the following occurs:
(a) the student graduates;
(b) the student is no longer a Utah resident;
(c) the student is suspended or expelled from school; or
(d) the district determines that enrollment within the school will exceed the school's
open enrollment threshold.
(7) (a) Determination of which nonresident students will be excluded from continued
enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in
the school, with those most recently enrolled being excluded first and the use of a lottery
system when multiple nonresident students have the same number of school days in the school.
(b) Nonresident students who will not be permitted to continue their enrollment shall
be notified no later than March 15 of the current school year.
(8) The parent or guardian of a student enrolled in a school that is not the student's
school of residence may withdraw the student from that school for enrollment in another public
school by submitting notice of intent to enroll the student in:
(a) the district of residence; or
(b) another nonresident district.
(9) Unless provisions have previously been made for enrollment in another school, a
nonresident district releasing a student from enrollment shall immediately notify the district of
residence, which shall enroll the student in the resident district and take such additional steps
as may be necessary to ensure compliance with laws governing school attendance.
(10) (a) Except as provided in Subsection (10)(c), a student who transfers between
schools, whether effective on the first day of the school year or after the school year has begun,
by exercising an open enrollment option under this section may not transfer to a different
school during the same school year by exercising an open enrollment option under this section.
(b) The restriction on transfers specified in Subsection (10)(a) does not apply to a
student transfer made for health or safety reasons.
(c) A local school board may adopt a policy allowing a student to exercise an open
enrollment option more than once in a school year.
(11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school
that is not the student's school of residence, because school bus service is not provided between
the student's neighborhood and school of residence for safety reasons:
(a) shall be allowed to continue to attend the school until the student finishes the
highest grade level offered; and
(b) shall be allowed to attend the middle school, junior high school, or high school into
which the school's students feed until the student graduates from high school.
(12) Notwithstanding any other provision of this part 
or Part 3, School District
Residency
, a student shall be allowed to enroll in any charter school or other public school in
any district, including a district where the student does not reside, if the enrollment is
necessary, as determined by the Division of Child and Family Services, to comply with the
provisions of 42 U.S.C. Section 675.
Section 148. Section 
53G-6-403
, which is renumbered from Section 53A-2-208 is
renumbered and amended to read:
[
53A-2-208
].
 53G-6-403.
Rules for acceptance and rejection of
applications.
(1) (a) A local school board shall adopt rules governing acceptance and rejection of
applications required under Section [
53A-2-207
] 
53G-6-402
.
(b) The rules adopted under Subsection (1)(a) shall include policies and procedures to
assure that decisions regarding enrollment requests are administered fairly without prejudice to
any student or class of student, except as provided in Subsection (2).
(2) Standards for accepting or rejecting an application for enrollment may include:
(a) for an elementary school, the capacity of the grade level;
(b) maintenance of heterogeneous student populations if necessary to avoid violation of
constitutional or statutory rights of students;
(c) not offering, or having capacity in, an elementary or secondary special education or
other special program the student requires;
(d) maintenance of reduced class sizes:
(i) in a Title I school that uses federal, state, and local money to reduce class sizes for
the purpose of improving student achievement; or
(ii) in a school that uses school trust money to reduce class size;
(e) willingness of prospective students to comply with district policies; and
(f) giving priority to intradistrict transfers over interdistrict transfers.
(3) (a) Standards for accepting or rejecting applications for enrollment may not
include:
(i) previous academic achievement;
(ii) athletic or other extracurricular ability;
(iii) the fact that the student requires special education services for which space is
available;
(iv) proficiency in the English language; or
(v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
(b) A board may provide for the denial of applications from students who:
(i) have committed serious infractions of the law or school rules, including rules of the
district in which enrollment is sought; or
(ii) have been guilty of chronic misbehavior which would, if it were to continue after
the student was admitted:
(A) endanger persons or property;
(B) cause serious disruptions in the school; or
(C) place unreasonable burdens on school staff.
(c) A board may also provide for provisional enrollment of students with prior
behavior problems, establishing conditions under which enrollment of a nonresident student
would be permitted or continued.
(4) (a) The State Board of Education, in consultation with the Utah High School
Activities Association, shall establish policies regarding nonresident student participation in
interscholastic competition.
(b) Nonresident students shall be eligible for extracurricular activities at a public
school consistent with eligibility standards as applied to students that reside within the school
attendance area, except as provided by policies established under Subsection (4)(a).
(5) For each school in the district, the local school board shall post on the school
district's website:
(a) the school's maximum capacity;
(b) the school's adjusted capacity;
(c) the school's projected enrollment used in the calculation of the open enrollment
threshold;
(d) actual enrollment on October 1, January 2, and April 1;
(e) the number of nonresident student enrollment requests;
(f) the number of nonresident student enrollment requests accepted; and
(g) the number of resident students transferring to another school.
Section 149. Section 
53G-6-404
, which is renumbered from Section 53A-2-209 is
renumbered and amended to read:
[
53A-2-209
].
 53G-6-404.
Denial of enrollment -- Appeal.
(1) Denial of initial or continuing enrollment in a nonresident school may be appealed
to the board of education of the nonresident district.
(2) The decision of the board shall be upheld in any subsequent proceedings unless the
board's decision is found, by clear and convincing evidence, to be in violation of applicable law
or regulation, or to be arbitrary and capricious.
Section 150. Section 
53G-6-405
, which is renumbered from Section 53A-2-210 is
renumbered and amended to read:
[
53A-2-210
].
 53G-6-405.
Funding.
(1) A student who enrolls in a nonresident district is considered a resident of that
district for purposes of state funding.
(2) The State Board of Education shall adopt rules providing that:
(a) the resident district pay the nonresident district, for each of the resident district's
students who enroll in the nonresident district, 1/2 of the amount by which the resident
district's per student expenditure exceeds the value of the state's contribution; and
(b) if a student is enrolled in a nonresident district for less than a full year, the resident
district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
of school days the student is enrolled in the nonresident district.
(3) (a) Except as provided in this Subsection (3), the parent or guardian of a
nonresident student shall arrange for the student's own transportation to and from school.
(b) The State Board of Education may adopt rules under which nonresident students
may be transported to their schools of attendance if:
(i) the transportation of students to schools in other districts would relieve
overcrowding or other serious problems in the district of residence and the costs of
transportation are not excessive; or
(ii) the Legislature has granted an adequate specific appropriation for that purpose.
(c) A receiving district shall provide transportation for a nonresident student on the
basis of available space on an approved route within the district to the school of attendance if
district students would be eligible for transportation to the same school from that point on the
bus route and the student's presence does not increase the cost of the bus route.
(d) Nothing in this section shall be construed as prohibiting the resident district or the
receiving district from providing bus transportation on any approved route.
(e) Except as provided in Subsection (3)(b), the district of residence may not claim any
state transportation costs for students enrolled in other school districts.
Section 151. Section 
53G-6-406
, which is renumbered from Section 53A-2-211 is
renumbered and amended to read:
[
53A-2-211
].
 53G-6-406.
Graduation credits.
(1) A nonresident district shall accept credits toward graduation that were awarded by a
school accredited or approved by the State Board of Education or a regional accrediting body
recognized by the U.S. Department of Education.
(2) A nonresident district shall award a diploma to a nonresident student attending
school within the district during the semester immediately preceding graduation if the student
meets graduation requirements generally applicable to students in the school.
(3) A district may not require that a student attend school within the district for more
than one semester prior to graduation in order to receive a diploma.
Section 152. Section 
53G-6-407
, which is renumbered from Section 53A-2-213 is
renumbered and amended to read:
[
53A-2-213
].
 53G-6-407.
Intradistrict transfers for students impacted by
boundary changes -- Transportation of students who transfer within a district.
(1) (a) In adjusting school boundaries, a local school board shall strive to avoid
requiring current students to change schools and shall, to the extent reasonably feasible,
accommodate parents who wish to avoid having their children attend different schools of the
same level because of boundary changes which occur after one or more children in the family
begin attending one of the affected schools.
(b) In granting interdistrict and intradistrict transfers to a particular school, the local
school board shall take into consideration the fact that an applicant's brother or sister is
attending the school or another school within the district.
(2) (a) A district shall receive transportation money under Sections [
53A-17a-126
]
53F-2-402
 and [
53A-17a-127
] 
53F-2-403
 for resident students who enroll in schools other than
the regularly assigned school on the basis of the distance from the student's residence to the
school the student would have attended had the intradistrict attendance option not been used.
(b) The parent or guardian of the student shall arrange for the student's transportation to
and from school, except that the district shall provide transportation on the basis of available
space on an approved route within the district to the school of the student's attendance if the
student would be otherwise eligible for transportation to the same school from that point on the
bus route and the student's presence does not increase the cost of the bus route.
Section 153. Section 
53G-6-501
 is enacted to read:
Part 5. Charter School Enrollment
 53G-6-501.
Definitions.
As used in this part:
(1) "Asset" means the same as that term is defined in Section 
53G-5-102
.
(2) "Board of trustees of a higher education institution" or "board of trustees" means
the same as that term is defined in Section 
53G-5-102
.
(3) "Charter agreement" or "charter" means the same as that term is defined in Section
53G-5-102
.
(4) "Charter school authorizer" or "authorizer" means the same as that term is defined
in Section 
53G-5-102
.
(5) "Governing board" means the same as that term is defined in Section 
53G-5-102
.
Section 154. Section 
53G-6-502
, which is renumbered from Section 53A-1a-506 is
renumbered and amended to read:
[
53A-1a-506
].
 53G-6-502.
Eligible students.
(1) As used in this section:
(a) "At capacity" means operating above the school's open enrollment threshold.
(b) "District school" means a public school under the control of a local school board
elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(c) "Open enrollment threshold" means the same as that term is defined in Section
[
53A-2-206.5
] 
53G-6-401
.
(d) "Refugee" means a person who is eligible to receive benefits and services from the
federal Office of Refugee Resettlement.
(e) "School of residence" means the same as that term is defined in Section
[
53A-2-206.5
] 
53G-6-401
.
(2) All resident students of the state qualify for admission to a charter school, subject
to the limitations set forth in this section and Section [
53A-1a-506.5
] 
53G-6-503
.
(3) (a) A charter school shall enroll an eligible student who submits a timely
application, unless the number of applications exceeds the capacity of a program, class, grade
level, or the charter school.
(b) If the number of applications exceeds the capacity of a program, class, grade level,
or the charter school, the charter school shall select students on a random basis, except as
provided in Subsections (4) through (8).
(4) A charter school may give an enrollment preference to:
(a) a child or grandchild of an individual who has actively participated in the
development of the charter school;
(b) a child or grandchild of a member of the charter school governing board;
(c) a sibling of an individual who was previously or is presently enrolled in the charter
school;
(d) a child of an employee of the charter school;
(e) a student articulating between charter schools offering similar programs that are
governed by the same charter school governing board;
(f) a student articulating from one charter school to another pursuant to an articulation
agreement between the charter schools that is approved by the State Charter School Board; or
(g) a student who resides within a two-mile radius of the charter school and whose
school of residence is at capacity.
(5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
a charter school that is approved by the State Board of Education after May 13, 2014, and is
located in a high growth area as defined in Section [
53A-1a-502.5
] 
53G-6-504
 shall give an
enrollment preference to a student who resides within a 
two-mile radius of the charter school.
(b) The requirement to give an enrollment preference under Subsection (5)(a) does not
apply to a charter school that was approved without a high priority status pursuant to
Subsection [
53A-1a-502.5
] 
53G-6-504
(7)(b).
(6) If a district school converts to charter status, the charter school shall give an
enrollment preference to students who would have otherwise attended it as a district school.
(7) (a) A charter school whose mission is to enhance learning opportunities for
refugees or children of refugee families may give an enrollment preference to refugees or
children of refugee families.
(b) A charter school whose mission is to enhance learning opportunities for English
language learners may give an enrollment preference to English language learners.
(8) A charter school may weight the charter school's lottery to give a slightly better
chance of admission to educationally disadvantaged students, including:
(a) low-income students;
(b) students with disabilities;
(c) English language learners;
(d) migrant students;
(e) neglected or delinquent students; and
(f) homeless students.
(9) A charter school may not discriminate in the charter school's admission policies or
practices on the same basis as other public schools may not discriminate in admission policies
and practices.
Section 155. Section 
53G-6-503
, which is renumbered from Section 53A-1a-506.5 is
renumbered and amended to read:
[
53A-1a-506.5
].
 53G-6-503.
Charter school students -- Admissions
procedures -- Transfers.
(1) As used in this section:
(a) "District school" means a public school under the control of a local school board
elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(b) "Nonresident school district" means a school district other than a student's school
district of residence.
(c) "School district of residence" means a student's school district of residence as
determined under Section [
53A-2-201
] 
53G-6-302
.
(d) "School of residence" means the school to which a student is assigned to attend
based on the student's place of residence.
(2) (a) The State School Board, in consultation with the State Charter School Board,
shall make rules describing procedures for students to follow in applying for entry into, or
exiting, a charter school.
(b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
(i) posting on a charter school's Internet website, beginning no later than 60 days before
the school's initial period of applications:
(A) procedures for applying for admission to the charter school;
(B) the school's opening date, if the school has not yet opened, or the school calendar;
and
(C) information on how a student may transfer from a charter school to another charter
school or a district school;
(ii) written notification to a student's parent or legal guardian of an offer of admission;
(iii) written acceptance of an offer of admission by a student's parent or legal guardian;
(iv) written notification to a student's current charter school or school district of
residence upon acceptance of the student for enrollment in a charter school; and
(v) the admission of students at:
(A) any time to protect the health or safety of a student; or
(B) times other than those permitted under standard policies if there are other
conditions of special need that warrant consideration.
(c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
enrolled in a charter school or who has accepted an offer of admission to a charter school from
duplicating enrollment for the student in another charter school or a school district without
following the withdrawal procedures described in Subsection (3).
(3) The parent of a student enrolled in a charter school may withdraw the student from
the charter school for enrollment in another charter school or a school district by submitting to
the charter school:
(a) on or before June 30, a notice of intent to enroll the student in the student's school
of residence for the following school year;
(b) after June 30, a letter of acceptance for enrollment in the student's school district of
residence for the following year;
(c) a letter of acceptance for enrollment in the student's school district of residence in
the current school year;
(d) a letter of acceptance for enrollment in a nonresident school district; or
(e) a letter of acceptance for enrollment in a charter school.
(4) (a) A charter school shall report to a school district, by the last business day of each
month the aggregate number of new students, sorted by their school of residence and grade
level, who have accepted enrollment in the charter school for the following school year.
(b) A school district shall report to a charter school, by the last business day of each
month, the aggregate number of students enrolled in the charter school who have accepted
enrollment in the school district in the following school year, sorted by grade level.
(5) When a vacancy occurs because a student has withdrawn from a charter school, the
charter school may immediately enroll a new student from its list of applicants.
(6) Unless provisions have previously been made for enrollment in another school, a
charter school releasing a student from enrollment during a school year shall immediately
notify the school district of residence, which shall enroll the student in the school district of
residence and take additional steps as may be necessary to ensure compliance with laws
governing school attendance.
(7) (a) The parent of a student enrolled in a charter school may withdraw the student
from the charter school for enrollment in the student's school of residence in the following
school year if an application of admission is submitted to the school district of residence by
June 30.
(b) If the parent of a student enrolled in a charter school submits an application of
admission to the student's school district of residence after June 30 for the student's enrollment
in the school district of residence in the following school year, or an application of admission is
submitted for enrollment during the current school year, the student may enroll in a school of
the school district of residence that has adequate capacity in:
(i) the student's grade level, if the student is an elementary school student; or
(ii) the core classes that the student needs to take, if the student is a secondary school
student.
(c) State Board of Education rules made under Subsection (2)(a) shall specify how
adequate capacity in a grade level or core classes is determined for the purposes of Subsection
(7)(b).
(8) Notwithstanding Subsection (7), a school district may enroll a student at any time
to protect the health and safety of the student.
(9) A school district or charter school may charge secondary students a one-time $5
processing fee, to be paid at the time of application.
Section 156. Section 
53G-6-504
, which is renumbered from Section 53A-1a-502.5 is
renumbered and amended to read:
[
53A-1a-502.5
].
 53G-6-504.
 Approval of increase in charter school
enrollment capacity -- Expansion.
(1) For the purposes of this section:
(a) "High growth area" means an area of the state where school enrollment is
significantly increasing or projected to significantly increase.
(b) "Next school year" means the school year that begins on or after the July 1
immediately following the end of a general session of the Legislature.
(2) The State Board of Education may approve an increase in charter school enrollment
capacity subject to the Legislature:
(a) appropriating funds for an increase in charter school enrollment capacity in the next
school year; or
(b) authorizing an increase in charter school enrollment capacity in the school year
immediately following the next school year.
(3) In appropriating funds for, or authorizing, an increase in charter school enrollment
capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
capacity for a charter school proposed and approved in response to a request for applications
issued under Section [
53A-1a-501.9
] 
53G-5-301
.
(4) (a) A charter school may annually submit a request to the State Board of Education
for an increase in enrollment capacity in the amount of .25 times the number of students in
grades 9 through 12 enrolled in an online course in the previous school year through the
Statewide Online Education Program.
(b) A charter school shall submit a request for an increase in enrollment capacity
pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
in enrollment capacity is requested.
(c) The State Board of Education shall approve a request for an increase in enrollment
capacity made under Subsection (4)(a) subject to the availability of sufficient funds
appropriated under [
Section 
53A-1a-513
] 
Title 53F, Chapter 2, Part 7, Charter School Funding,
to provide the full amount of the per student allocation for each charter school student in the
state to supplement school district property tax revenues.
(d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
permanent increase in the charter school's enrollment capacity.
(5) (a) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the State Board of Education shall, after considering
suggestions from charter school authorizers, make rules establishing requirements, procedures,
and deadlines for an expansion of a charter school.
(b) The rules described in Subsection (5)(a) shall include rules related to:
(i) an expansion of a charter school when another charter school issues a notice of
closure; and
(ii) the establishment of a satellite campus.
(6) (a) If the Legislature does not appropriate funds for an increase in charter school
enrollment capacity that is tentatively approved by the State Board of Education, the State
Board of Education shall prioritize the tentatively approved schools and expansions based on
approved funds.
(b) A charter school or expansion that is tentatively approved, but not funded, shall be
considered to be tentatively approved for the next application year and receive priority status
for available funding.
(7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
charter school enrollment capacity for new charter schools and expanding charter schools, the
State Board of Education shall give:
(i) high priority to approving a new charter school or a charter school expansion in a
high growth area; and
(ii) low priority to approving a new charter school or a charter school expansion in an
area where student enrollment is stable or declining.
(b) An applicant seeking to establish a charter school in a high growth area may elect
to not receive high priority status as provided in Subsection (7)(a)(i).
Section 157. Section 
53G-6-601
, which is renumbered from Section 53A-11-501 is
renumbered and amended to read:
Part 6. Preventing Enrollment or Transfer of Missing Children
[
53A-11-501
].
 53G-6-601.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Division" means the Criminal Investigations and Technical Services Division of
the Department of Public Safety, established in Section 
53-10-103
.
(2) "Missing child" has the same meaning as provided in Section 
26-2-27
.
(3) "State registrar" means the State Registrar of Vital Statistics within the Department
of Health.
Section 158. Section 
53G-6-602
, which is renumbered from Section 53A-11-502 is
renumbered and amended to read:
[
53A-11-502
].
 53G-6-602.
Identifying records -- Reporting requirements.
(1) Upon notification by the division of a missing child in accordance with Section
53-10-203
, a school in which that child is currently or was previously enrolled shall flag the
record of that child in a manner that whenever a copy of or information regarding the record is
requested, the school is alerted to the fact that the record is that of a missing child.
(2) The school shall immediately report any request concerning flagged records or
knowledge as to the whereabouts of any missing child to the division.
(3) Upon notification by the division that a missing child has been recovered, the
school shall remove the flag from that child's record.
Section 159. Section 
53G-6-603
, which is renumbered from Section 53A-11-503 is
renumbered and amended to read:
[
53A-11-503
].
 53G-6-603.
Requirement of birth certificate for enrollment
of students -- Procedures.
(1) Upon enrollment of a student for the first time in a particular school, that school
shall notify in writing the person enrolling the student that within 30 days he must provide
either a certified copy of the student's birth certificate, or other reliable proof of the student's
identity and age, together with an affidavit explaining the inability to produce a copy of the
birth certificate.
(2) (a) Upon the failure of a person enrolling a student to comply with Subsection (1),
the school shall notify that person in writing that unless he complies within 10 days the case
shall be referred to the local law enforcement authority for investigation.
(b) If compliance is not obtained within that 10 day period, the school shall refer the
case to the division.
(3) The school shall immediately report to the division any affidavit received pursuant
to this subsection which appears inaccurate or suspicious.
Section 160. Section 
53G-6-604
, which is renumbered from Section 53A-11-504 is
renumbered and amended to read:
[
53A-11-504
].
 53G-6-604.
Requirement of school record for transfer of
student -- Procedures.
(1) Except as provided in Section [
53A-1-1004
] 
53E-3-905
, a school shall request a
certified copy of a transfer student's record, directly from the transfer student's previous school,
within 14 days after enrolling the transfer student.
(2) (a) Except as provided in Subsection (2)(b) and Section [
53A-1-1004
] 
53E-3-905
, a
school requested to forward a certified copy of a transferring student's record to the new school
shall comply within 30 school days of the request.
(b) If the record has been flagged pursuant to Section [
53A-11-502
] 
53G-6-602
, a
school may not forward the record to the new school and the requested school shall notify the
division of the request.
Section 161. Section 
53G-6-701
 is enacted to read:
Part 7. Other Public School Participation
 53G-6-701.
Definitions.
Reserved
Section 162. Section 
53G-6-702
, which is renumbered from Section 53A-11-102.5 is
renumbered and amended to read:
[
53A-11-102.5
].
 53G-6-702.
Dual enrollment.
(1) 
(a)
 "District school" means a public school under the control of a local school board
elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(b) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(2) A person having control of a minor who is enrolled in a regularly established
private school or a home school may also enroll the minor in a public school for dual
enrollment purposes.
(3) The minor may participate in any academic activity in the public school available to
students in the minor's grade or age group, subject to compliance with the same rules and
requirements that apply to a full-time student's participation in the activity.
(4) (a) A student enrolled in a dual enrollment program in a district school is
considered a student of the district in which the district school of attendance is located for
purposes of state funding to the extent of the student's participation in the district school
programs.
(b) A student enrolled in a dual enrollment program in a charter school is considered a
student of the charter school for purposes of state funding to the extent of the student's
participation in the charter school programs.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules for purposes of dual enrollment to govern and
regulate the transferability of credits toward graduation that are earned in a private or home
school.
Section 163. Section 
53G-6-703
, which is renumbered from Section 53A-11-102.6 is
renumbered and amended to read:
[
53A-11-102.6
].
 53G-6-703.
Private school and home school students'
participation in extracurricular activities in a public school.
(1) As used in this section:
(a) "Academic eligibility requirements" means the academic eligibility requirements
that a home school student is required to meet to participate in an extracurricular activity in a
public school.
(b) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(c) "Parent" means the same as that term is defined in Section 
53G-6-201
.
[
(b)
] 
(d)
 "Principal" means the principal of the school in which a home school student
participates or intends to participate in an extracurricular activity.
(2) (a) A minor who is enrolled in a private school or a home school shall be eligible to
participate in an extracurricular activity at a public school as provided in this section.
(b) A private school student may only participate in an extracurricular activity at a
public school that is not offered by the student's private school.
(c) Except as provided in Subsection (2)(d), a private school student or a home school
student may only participate in an extracurricular activity at:
(i) the school within whose attendance boundaries the student's custodial parent or
legal guardian resides; or
(ii) the school from which the student withdrew for the purpose of attending a private
or home school.
(d) A school other than a school described in Subsection (2)(c)(i) or (ii) may allow a
private school student or a home school student to participate in an extracurricular activity
other than:
(i) an interscholastic competition of athletic teams sponsored and supported by a public
school; or
(ii) an interscholastic contest or competition for music, drama, or forensic groups or
teams sponsored and supported by a public school.
(3) (a) Except as provided in Subsections (4) through (13), a private school or home
school student shall be eligible to participate in an extracurricular activity at a public school
consistent with eligibility standards:
(i) applied to a fully enrolled public school student;
(ii) of the public school where the private school or home school student participates in
an extracurricular activity; and
(iii) for the extracurricular activity in which the private school or home school student
participates.
(b) A school district or public school may not impose additional requirements on a
private school or home school student to participate in an extracurricular activity that are not
imposed on a fully enrolled public school student.
(c) (i) A private school or home school student who participates in an extracurricular
activity at a public school shall pay the same fees as required of a fully enrolled public school
student to participate in an extracurricular activity.
(ii) If a local school board or charter school governing board imposes a mandatory
student activity fee for a student enrolled in a public school, the fee may be imposed on a
private school or home school student who participates in an extracurricular activity at the
public school if the same benefits of paying the mandatory student activity fee that are
available to a fully enrolled public school student are available to a private school or home
school student who participates in an extracurricular activity at the public school.
(4) Eligibility requirements based on school attendance are not applicable to a home
school student.
(5) A home school student meets academic eligibility requirements to participate in an
extracurricular activity if:
(a) the student is mastering the material in each course or subject being taught; and
(b) the student is maintaining satisfactory progress towards achievement or promotion.
(6) (a) To establish a home school student's academic eligibility, a parent, teacher, or
organization providing instruction to the student shall submit an affidavit to the principal
indicating the student meets academic eligibility requirements.
(b) Upon submission of an affidavit pursuant to Subsection (6)(a), a home school
student shall:
(i) be considered to meet academic eligibility requirements; and
(ii) retain academic eligibility for all extracurricular activities during the activity season
for which the affidavit is submitted, until:
(A) a panel established under Subsection (10) determines the home school student does
not meet academic eligibility requirements; or
(B) the person who submitted the affidavit under Subsection (6)(a) provides written
notice to the school principal that the student no longer meets academic eligibility
requirements.
(7) (a) A home school student who loses academic eligibility pursuant to Subsection
(6)(b)(ii)(B) may not participate in an extracurricular activity until the person who submitted
the affidavit under Subsection (6)(a) provides written notice to the school principal that the
home school student has reestablished academic eligibility.
(b) If a home school student reestablishes academic eligibility pursuant to Subsection
(7)(a), the home school student may participate in extracurricular activities for the remainder of
the activity season for which an affidavit was submitted under Subsection (6)(a).
(8) A person who has probable cause to believe a home school student does not meet
academic eligibility requirements may submit an affidavit to the principal:
(a) asserting the home school student does not meet academic eligibility requirements;
and
(b) providing information indicating that the home school student does not meet the
academic eligibility requirements.
(9) A principal shall review the affidavit submitted under Subsection (8), and if the
principal determines it contains information which constitutes probable cause to believe a
home school student may not meet academic eligibility requirements, the principal shall
request a panel established pursuant to Subsection (10) to verify the student's compliance with
academic eligibility requirements.
(10) (a) A school district superintendent shall:
(i) appoint a panel of three individuals to verify a home school student's compliance
with academic eligibility requirements when requested by a principal pursuant to Subsection
(9); and
(ii) select the panel members from nominees submitted by national, state, or regional
organizations whose members are home school students and parents.
(b) Of the members appointed to a panel under Subsection (10)(a):
(i) one member shall have experience teaching in a public school as a licensed teacher
and in home schooling high school-age students;
(ii) one member shall have experience teaching in a higher education institution and in
home schooling; and
(iii) one member shall have experience in home schooling high school-age students.
(11) A panel appointed under Subsection (10):
(a) shall review the affidavit submitted under Subsection (8);
(b) may confer with the person who submitted the affidavit under Subsection (8);
(c) shall request the home school student to submit test scores or a portfolio of work
documenting the student's academic achievement to the panel;
(d) shall review the test scores or portfolio of work; and
(e) shall determine whether the home school student meets academic eligibility
requirements.
(12) A home school student who meets academic eligibility requirements pursuant to
Subsection (11), retains academic eligibility for all extracurricular activities during the activity
season for which an affidavit is submitted pursuant to Subsection (6).
(13) (a) A panel's determination that a home school student does not comply with
academic eligibility requirements is effective for an activity season and all extracurricular
activities that have academic eligibility requirements.
(b) A home school student who is not in compliance with academic eligibility
requirements as determined by a panel appointed under Subsection (11) may seek to establish
academic eligibility under this section for the next activity season.
(14) (a) A public school student who has been declared to be academically ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student:
(i) demonstrates academic eligibility by providing test results or a portfolio of the
student's work to the school principal, provided that a student may not reestablish academic
eligibility under this Subsection (14)(a) during the same activity season in which the student
was declared to be academically ineligible;
(ii) returns to public school and reestablishes academic eligibility; or
(iii) enrolls in a private school and establishes academic eligibility.
(b) A public school student who has been declared to be behaviorally ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home school shall
lose eligibility for participation in the extracurricular activity until the student meets eligibility
standards as provided in Subsection (3).
(15) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, a private school student and a home school student shall be
eligible to try out for and participate in the activity as provided in this section.
(16) (a) If a student exits a public school to enroll in a private or home school
mid-semester or during an activity season, and the student desires to participate in an
extracurricular activity at the public school, the public school shall issue an interim academic
assessment based on the student's work in each class.
(b) A student's academic eligibility to participate in an extracurricular activity under
the circumstances described in Subsection (16)(a) shall be based on the student meeting public
school academic eligibility standards at the time of exiting public school.
(c) A student may appeal an academic eligibility determination made under Subsection
(16)(b) in accordance with procedures for appealing a public school student's academic
eligibility.
Section 164. Section 
53G-6-704
, which is renumbered from Section 53A-1a-519 is
renumbered and amended to read:
[
53A-1a-519
].
 53G-6-704.
Charter school students' participation in
extracurricular activities at other public schools.
(1) A charter school student is eligible to participate in an extracurricular activity not
offered by the student's charter school at:
(a) the school within whose attendance boundaries the student's custodial parent or
legal guardian resides;
(b) the public school from which the student withdrew for the purpose of attending a
charter school; or
(c) a public school that is not a charter school if the student's charter school is located
on the campus of the public school or has local school board approval to locate on the campus
of the public school.
(2) In addition to the public schools listed in Subsection (1), the State Board of
Education may establish rules to allow a charter school student to participate in an
extracurricular activity at a public school other than a public school listed in Subsection (1).
(3) A school other than a school described in Subsection (1)(a), (b), or (c) may allow a
charter school student to participate in extracurricular activities other than:
(a) interschool competitions of athletic teams sponsored and supported by a public
school; or
(b) interschool contests or competitions for music, drama, or forensic groups or teams
sponsored and supported by a public school.
(4) A charter school student is eligible for extracurricular activities at a public school
consistent with eligibility standards as applied to full-time students of the public school.
(5) A school district or public school may not impose additional requirements on a
charter school student to participate in extracurricular activities that are not imposed on
full-time students of the public school.
(6) (a) The State Board of Education shall make rules establishing fees for charter
school students' participation in extracurricular activities at school district schools.
(b) The rules shall provide that:
(i) charter school students pay the same fees as other students to participate in
extracurricular activities;
(ii) charter school students are eligible for fee waivers pursuant to Section
[
53A-12-103
] 
53G-7-504
;
(iii) for each charter school student who participates in an extracurricular activity at a
school district school, the charter school shall pay a share of the school district's costs for the
extracurricular activity; and
(iv) a charter school's share of the costs of an extracurricular activity shall reflect state
and local tax revenues expended, except capital facilities expenditures, for an extracurricular
activity in a school district or school divided by total student enrollment of the school district
or school.
(c) In determining a charter school's share of the costs of an extracurricular activity
under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
statewide based on average costs statewide or average costs within a sample of school districts.
(7) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, a charter school student is eligible to try out for and participate in
the activity as provided in this section.
Section 165. Section 
53G-6-705
, which is renumbered from Section 53A-2-214 is
renumbered and amended to read:
[
53A-2-214
].
 53G-6-705.
Online students' participation in extracurricular
activities.
(1) As used in this section:
(a) "Online education" means the use of information and communication technologies
to deliver educational opportunities to a student in a location other than a school.
(b) "Online student" means a student who:
(i) participates in an online education program sponsored or supported by the State
Board of Education, a school district, or charter school; and
(ii) generates funding for the school district or school pursuant to Subsection
[
53A-17a-103
] 
53F-2-102
(7) and rules of the State Board of Education.
(2) An online student is eligible to participate in extracurricular activities at:
(a) the school within whose attendance boundaries the student's custodial parent or
legal guardian resides; or
(b) the public school from which the student withdrew for the purpose of participating
in an online education program.
(3) A school other than a school described in Subsection (2)(a) or (b) may allow an
online student to participate in extracurricular activities other than:
(a) interschool competitions of athletic teams sponsored and supported by a public
school; or
(b) interschool contests or competitions for music, drama, or forensic groups or teams
sponsored and supported by a public school.
(4) An online student is eligible for extracurricular activities at a public school
consistent with eligibility standards as applied to full-time students of the public school.
(5) A school district or public school may not impose additional requirements on an
online school student to participate in extracurricular activities that are not imposed on
full-time students of the public school.
(6) (a) The State Board of Education shall make rules establishing fees for an online
school student's participation in extracurricular activities at school district schools.
(b) The rules shall provide that:
(i) online school students pay the same fees as other students to participate in
extracurricular activities;
(ii) online school students are eligible for fee waivers pursuant to Section
[
53A-12-103
] 
53G-7-504
;
(iii) for each online school student who participates in an extracurricular activity at a
school district school, the online school shall pay a share of the school district's costs for the
extracurricular activity; and
(iv) an online school's share of the costs of an extracurricular activity shall reflect state
and local tax revenues expended, except capital facilities expenditures, for an extracurricular
activity in a school district or school divided by total student enrollment of the school district
or school.
(c) In determining an online school's share of the costs of an extracurricular activity
under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
statewide based on average costs statewide or average costs within a sample of school districts.
(7) When selection to participate in an extracurricular activity at a public school is
made on a competitive basis, an online student is eligible to try out for and participate in the
activity as provided in this section.
Section 166. Section 
53G-6-706
, which is renumbered from Section 53A-11-102.7 is
renumbered and amended to read:
[
53A-11-102.7
].
 53G-6-706.
Placement of a home school student who
transfers to a public school.
(1) For the purposes of this section[
, "home
]
:
(a) "Home
 school student" means a student who attends a home school pursuant to
Section [
53A-11-102
] 
53G-6-204
.
(b) "Parent" means the same as that term is defined in Section 
53G-6-201
.
(2) When a home school student transfers from a home school to a public school, the
public school shall place the student in the grade levels, classes, or courses that the student's
parent or guardian and in consultation with the school administrator determine are appropriate
based on the parent's or guardian's assessment of the student's academic performance.
(3) (a) Within 30 days of a home school student's placement in a public school grade
level, class, or course, either the student's teacher or the student's parent or guardian may
request a conference to consider changing the student's placement.
(b) If the student's teacher and the student's parent or guardian agree on a placement
change, the public school shall place the student in the agreed upon grade level, class, or
course.
(c) If the student's teacher and the student's parent or guardian do not agree on a
placement change, the public school shall evaluate the student's subject matter mastery in
accordance with Subsection (3)(d).
(d) The student's parent or guardian has the option of:
(i) allowing the public school to administer, to the student, assessments that are:
(A) regularly administered to public school students; and
(B) used to measure public school students' subject matter mastery and determine
placement; or
(ii) having a private entity or individual administer assessments of subject matter
mastery to the student at the parent's or guardian's expense.
(e) After an evaluation of a student's subject matter mastery, a public school may
change a student's placement in a grade level, class, or course.
(4) This section does not apply to a student who is dual enrolled in a public school and
a home school pursuant to Section [
53A-11-102.5
] 
53G-6-702
.
Section 167. Section 
53G-6-707
, which is renumbered from Section 53A-2-206 is
renumbered and amended to read:
[
53A-2-206
].
 53G-6-707.
Interstate compact students -- Inclusion in
attendance count -- Foreign exchange students -- Annual report -- Requirements for
exchange student agencies.
(1) A school district or charter school may include the following students in the
district's or school's membership and attendance count for the purpose of apportionment of
state money:
(a) a student enrolled under an interstate compact, established between the State Board
of Education and the state education authority of another state, under which a student from one
compact state would be permitted to enroll in a public school in the other compact state on the
same basis as a resident student of the receiving state; or
(b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
on Placement of Children.
[
(2) (a) A school district or charter school may include foreign exchange students in the
district's or school's membership and attendance count for the purpose of apportionment of
state money, except as provided in Subsections (2)(b) through (d).
]
[
(b) (i) Notwithstanding Section 
53A-17a-106
, foreign exchange students may not be
included in average daily membership for the purpose of determining the number of weighted
pupil units in the grades 1-12 basic program.
]
[
(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units
in the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
number of foreign exchange students who were:
]
[
(A) enrolled in a school district or charter school on October 1 of the previous fiscal
year; and
]
[
(B) sponsored by an agency approved by the district's local school board or charter
school's governing board.
]
[
(c) (i) The total number of foreign exchange students in the state that may be counted
for the purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:
]
[
(A) the number of foreign exchange students enrolled in public schools in the state on
October 1 of the previous fiscal year; or
]
[
(B) 328 foreign exchange students.
]
[
(ii) The State Board of Education shall make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
foreign exchange students that may be counted for the purpose of apportioning state money
under Subsection (2)(b).
]
[
(d) Notwithstanding Sections 
53A-17a-133
 and 
53A-17a-164
, weighted pupil units in
the grades 1 through 12 basic program for foreign exchange students, as determined by
Subsections (2)(b) and (c), may not be included for the purposes of determining a school
district's state guarantee money under the voted or board local levies.
]
[
(3)
] 
(2)
 A school district or charter school may:
(a) enroll foreign exchange students that do not qualify for state money; and
(b) pay for the costs of those students with other funds available to the school district
or charter school.
[
(4)
] 
(3)
 Due to the benefits to all students of having the opportunity to become
familiar with individuals from diverse backgrounds and cultures, school districts are
encouraged to enroll foreign exchange students, as provided in Subsection [
(3)
] 
(2)
, particularly
in schools with declining or stable enrollments where the incremental cost of enrolling the
foreign exchange student may be minimal.
[
(5)
] 
(4)
 The board shall make an annual report to the Legislature on the number of
exchange students and the number of interstate compact students sent to or received from
public schools outside the state.
[
(6)
] 
(5)
 (a) A local school board or charter school governing board shall require each
approved exchange student agency to provide it with a sworn affidavit of compliance prior to
the beginning of each school year.
(b) The affidavit shall include the following assurances:
(i) that the agency has complied with all applicable policies of the board;
(ii) that a household study, including a background check of all adult residents, has
been made of each household where an exchange student is to reside, and that the study was of
sufficient scope to provide reasonable assurance that the exchange student will receive proper
care and supervision in a safe environment;
(iii) that host parents have received training appropriate to their positions, including
information about enhanced criminal penalties under Subsection 
76-5-406
(10) for persons who
are in a position of special trust;
(iv) that a representative of the exchange student agency shall visit each student's place
of residence at least once each month during the student's stay in Utah;
(v) that the agency will cooperate with school and other public authorities to ensure
that no exchange student becomes an unreasonable burden upon the public schools or other
public agencies;
(vi) that each exchange student will be given in the exchange student's native language
names and telephone numbers of agency representatives and others who could be called at any
time if a serious problem occurs; and
(vii) that alternate placements are readily available so that no student is required to
remain in a household if conditions appear to exist which unreasonably endanger the student's
welfare.
[
(7)
] 
(6)
 (a) A local school board or charter school governing board shall provide each
approved exchange student agency with a list of names and telephone numbers of individuals
not associated with the agency who could be called by an exchange student in the event of a
serious problem.
(b) The agency shall make a copy of the list available to each of its exchange students
in the exchange student's native language.
[
(8)
] 
(7)
 Notwithstanding Subsection [
(2)(c)(i)
] 
53F-2-303
(3)(a)
, a school district or
charter school shall enroll a foreign exchange student if the foreign exchange student:
(a) is sponsored by an agency approved by the State Board of Education;
(b) attends the same school during the same time period that another student from the
school is:
(i) sponsored by the same agency; and
(ii) enrolled in a school in a foreign country; and
(c) is enrolled in the school for one year or less.
Section 168. Section 
53G-6-708
, which is renumbered from Section 53A-17a-114 is
renumbered and amended to read:
[
53A-17a-114
].
 53G-6-708.
Career and technical education program
alternatives.
(1) A secondary student may attend a technical college described in Section
53B-2a-105
 if the secondary student's career and technical education goals are better achieved
by attending a technical college as determined by:
(a) the secondary student; and
(b) if the secondary student is a minor, the secondary student's parent or legal guardian.
(2) A secondary student served under this section by a technical college described in
Section 
53B-2a-105
 shall be counted in the average daily membership of the sending school
district or charter school.
Section 169. Section 
53G-6-801
, which is renumbered from Section 53A-15-1401 is
renumbered and amended to read:
Part 8. Parental Rights
[
53A-15-1401
].
 53G-6-801.
Definitions.
As used in this part:
(1) "Federal law" means:
(a) a statute passed by the Congress of the United States; or
(b) a final regulation:
(i) adopted by an administrative agency of the United States government; and
(ii) published in the code of federal regulations or the federal register.
(2) "Individualized Education Program" or "IEP" means a written statement, for a
student with a disability, that is developed, reviewed, and revised in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(3) "LEA" means a school district, charter school, or the Utah Schools for the Deaf and
the Blind.
(4) "Reasonably accommodate" means an LEA shall make its best effort to enable a
parent or guardian to exercise a parental right specified in Section [
53A-15-1403
] 
53G-6-803
:
(a) without substantial impact to staff and resources, including employee working
conditions, safety and supervision on school premises and for school activities, and the
efficient allocation of expenditures; and
(b) while balancing:
(i) the parental rights of parents or guardians;
(ii) the educational needs of other students;
(iii) the academic and behavioral impacts to a classroom;
(iv) a teacher's workload; and
(v) the assurance of the safe and efficient operation of a school.
Section 170. Section 
53G-6-802
, which is renumbered from Section 53A-15-1402 is
renumbered and amended to read:
[
53A-15-1402
].
 53G-6-802.
Annual notice of parental rights.
(1) An LEA shall annually notify a parent or guardian of a student enrolled in the LEA
of the parent's or guardian's rights as specified in this part.
(2) An LEA satisfies the notification requirement described in Subsection (1) by
posting the information on the LEA's website or through other means of electronic
communication.
Section 171. Section 
53G-6-803
, which is renumbered from Section 53A-15-1403 is
renumbered and amended to read:
[
53A-15-1403
].
 53G-6-803.
Parental right to academic accommodations.
(1) (a) A student's parent or guardian is the primary person responsible for the
education of the student, and the state is in a secondary and supportive role to the parent or
guardian. As such, a student's parent or guardian has the right to reasonable academic
accommodations from the student's LEA as specified in this section.
(b) Each accommodation shall be considered on an individual basis and no student
shall be considered to a greater or lesser degree than any other student.
(c) The parental rights specified in this section do not include all the rights or
accommodations that may be available to a student's parent or guardian as a user of the public
education system.
(d) An accommodation under this section may only be provided if the accommodation
is:
(i) consistent with federal law; and
(ii) consistent with a student's IEP if the student already has an IEP.
(2) An LEA shall reasonably accommodate a parent's or guardian's written request to
retain a student in kindergarten through grade 8 on grade level based on the student's academic
ability or the student's social, emotional, or physical maturity.
(3) An LEA shall reasonably accommodate a parent's or guardian's initial selection of a
teacher or request for a change of teacher.
(4) An LEA shall reasonably accommodate the request of a student's parent or guardian
to visit and observe any class the student attends.
(5) Notwithstanding [
Chapter 11, Part 1, Compulsory Education Requirements
] 
Part 2,
Compulsory Education
, an LEA shall record an excused absence for a scheduled family event
or a scheduled proactive visit to a health care provider if:
(a) the parent or guardian submits a written statement at least one school day before the
scheduled absence; and
(b) the student agrees to make up course work for school days missed for the scheduled
absence in accordance with LEA policy.
(6) (a) An LEA shall reasonably accommodate a parent's or guardian's written request
to place a student in a specialized class, a specialized program, or an advanced course.
(b) An LEA shall consider multiple academic data points when determining an
accommodation under Subsection (6)(a).
(7) Consistent with Section [
53A-13-108
] 
53E-4-204
, which requires the State Board
of Education to establish graduation requirements that use competency-based standards and
assessments, an LEA shall allow a student to earn course credit towards high school graduation
without completing a course in school by:
(a) testing out of the course; or
(b) demonstrating competency in course standards.
(8) An LEA shall reasonably accommodate a parent's or guardian's request to meet
with a teacher at a mutually agreeable time if the parent or guardian is unable to attend a
regularly scheduled parent teacher conference.
(9) (a) At the request of a student's parent or guardian, an LEA shall excuse a student
from taking an assessment that:
(i) is federally mandated;
(ii) is mandated by the state under this [
title
] 
public education code
; or
(iii) requires the use of:
(A) a state assessment system; or
(B) software that is provided or paid for by the state.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules:
(i) to establish a statewide procedure for excusing a student under Subsection (9)(a)
that:
(A) does not place an undue burden on a parent or guardian; and
(B) may be completed online; and
(ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or
an LEA's employees through school grading or employee evaluations due to a student not
taking a test under Subsection (9)(a).
(c) An LEA:
(i) shall follow the procedures outlined in rules made by the State Board of Education
under Subsection (9)(b) to excuse a student under Subsection (9)(a);
(ii) may not require procedures to excuse a student under Subsection (9)(a) in addition
to the procedures outlined in rules made by the State Board of Education under Subsection
(9)(b); and
(iii) may not reward a student for taking an assessment described in Subsection (9)(a).
(d) The State Board of Education shall:
(i) maintain and publish a list of state assessments, state assessment systems, and
software that qualify under Subsection (9)(a); and
(ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).
(10) (a) An LEA shall provide for:
(i) the distribution of a copy of a school's discipline and conduct policy to each student
in accordance with Section [
53A-11-903
] 
53G-8-204
; and
(ii) a parent's or guardian's signature acknowledging receipt of the school's discipline
and conduct policy.
(b) An LEA shall notify a parent or guardian of a student's violation of a school's
discipline and conduct policy and allow a parent or guardian to respond to the notice in
accordance with [
Chapter 11, Part 9
] 
Chapter 8, Part 2
, School Discipline and Conduct Plans.
Section 172. Section 
53G-7-101
 is enacted to read:
CHAPTER 7. PUBLIC SCHOOL GENERAL REQUIREMENTS
Part 1. General Provisions
 53G-7-101.
Title.
This chapter is known as "Public School General Requirements."
Section 173. Section 
53G-7-102
 is enacted to read:
 53G-7-102.
Definitions.
Reserved
Section 174. Section 
53G-7-201
 is enacted to read:
Part 2. Powers and Miscellaneous Duties
 53G-7-201.
Definitions.
Reserved
Section 175. Section 
53G-7-202
 is enacted to read:
 53G-7-202.
Waivers from state board rules.
(1) 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.
(2) The state board may grant the waiver, unless:
(a) the waiver would cause the school district or the school to be in violation of state or
federal law; or
(b) the waiver would threaten the health, safety, or welfare of students in the district or
at the school.
(3) If the State Board of Education denies the waiver, the reason for the denial shall be
provided in writing to the waiver applicant.
Section 176. Section 
53G-7-203
, which is renumbered from Section 53A-3-402.7 is
renumbered and amended to read:
[
53A-3-402.7
].
 53G-7-203.
Kindergartens -- Establishment -- Funding.
(1) Kindergartens are an integral part of the state's public education system.
(2) [
By July 1, 1994, each
] 
Each
 local board of education shall provide kindergarten
classes free of charge for kindergarten children residing within the district.
(3) Kindergartens established under Subsection (2) shall receive state money under
[
Title 53A, Chapter 17a, Minimum School Program Act
] 
Title 53F, Public Education System --
Funding
.
Section 177. Section 
53G-7-204
, which is renumbered from Section 53A-3-402.1 is
renumbered and amended to read:
[
53A-3-402.1
].
 53G-7-204.
Access to student records by custodial and
noncustodial parents.
(1) Except as provided in Subsection (2), a public school shall allow a custodial parent
and a noncustodial parent of a child the same access to their child's education records.
(2) A school may not allow a noncustodial parent access to the child's education
records if:
(a) a court has issued an order that limits the noncustodial parent's access to the child's
education records; and
(b) the school has received a copy of the court order or has actual knowledge of the
court order.
Section 178. Section 
53G-7-205
, which is renumbered from Section 53A-3-402.9 is
renumbered and amended to read:
[
53A-3-402.9
].
 53G-7-205.
Assessment of emerging and early reading skills
-- Resources provided by school districts.
(1) The Legislature recognizes that well-developed reading skills help:
(a) children to succeed in school, develop self esteem, and build positive relationships
with others;
(b) young adults to become independent learners; and
(c) adults to become and remain productive members of a rapidly changing
technology-based society.
(2) (a) Each potential kindergarten student, the student's parent or guardian, and
kindergarten personnel at the student's school may participate in an assessment of the student's
reading and numeric skills.
(b) The State Board of Education, in cooperation with the state's school districts, may
develop the assessment instrument and any additional materials needed to implement and
supplement the assessment program.
(3) The potential kindergarten student's teacher may use the assessment in planning and
developing an instructional program to meet the student's identified needs.
(4) (a) Each school is encouraged to schedule the assessment early enough before the
kindergarten starting date so that a potential kindergarten student's parent or guardian has time
to develop the child's needed skills as identified by the assessment.
(b) Based on the assessment under Subsection (2), the school shall provide the
potential student's parent or guardian with appropriate resource materials to assist the parent or
guardian at home in the student's literacy development.
Section 179. Section 
53G-7-206
, which is renumbered from Section 53A-13-108.5 is
renumbered and amended to read:
[
53A-13-108.5
].
 53G-7-206.
Acceptance of credits and grades awarded by
accredited schools.
(1) (a) A public school shall accept credits and grades awarded to a student by a school
accredited or approved by the State Board of Education or accredited or recognized by the
Northwest Association of Accredited Schools as issued by the school, without alterations.
(b) Credits awarded for a core standards for Utah public schools course shall be applied
to fulfilling core standards for Utah public schools requirements.
(2) Subsection (1) applies to credits awarded to a student who:
(a) transfers to a public school; or
(b) while enrolled in the public school, takes courses offered by another public or
private school.
(3) Subsection (1) applies to:
(a) traditional classes in which an instructor is present in the classroom and the student
is required to attend the class for a particular length of time;
(b) open entry/open exit classes in which the student has the flexibility to begin or end
study at any time, progress through course material at his own pace, and demonstrate
competency when knowledge and skills have been mastered;
(c) courses offered over the Internet; or
(d) distance learning courses.
Section 180. Section 
53G-7-207
, which is renumbered from Section 53A-11-901.5 is
renumbered and amended to read:
[
53A-11-901.5
].
 53G-7-207.
Period of silence.
A teacher may provide for the observance of a period of silence each school day in a
public school.
Section 181. Section 
53G-7-208
, which is renumbered from Section 53A-3-409 is
renumbered and amended to read:
[
53A-3-409
].
 53G-7-208.
Local governmental entities and school districts
-- Contracts and cooperation -- Disbursement of funds -- Municipal and county
representative participation in school district board meetings -- Notice required.
(1) Local governmental entities and school districts may contract and cooperate with
one another in matters affecting the health, welfare, education, and convenience of the
inhabitants within their respective territorial limits.
(2) A local governmental entity may disburse public funds in aid of a school district
located wholly or partially within the limits of its jurisdiction.
(3) (a) As used in this Subsection (3):
(i) "Interested county executive" means the county executive or county manager of a
county with unincorporated area within the boundary of a school district, or the designee of the
county executive or county manager.
(ii) "Interested mayor" means the mayor of a municipality that is partly or entirely
within the boundary of a school district, or the mayor's designee.
(b) A school district board shall allow an interested mayor and interested county
executive to attend and participate in the board discussions at a school district board meeting
that is open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
(c) An interested county executive and interested mayor may attend and participate in
board discussions at a school district board meeting that is closed to the public under Title 52,
Chapter 4, Open and Public Meetings Act, if:
(i) the school district board invites the interested county executive or interested mayor
to attend and participate; and
(ii) for a closed meeting held for the purpose of discussing the board's disposition or
acquisition of real property, the interested county executive or interested mayor does not have a
conflict of interest with respect to the real estate disposition or acquisition.
(d) (i) A county or municipality may enter into an agreement with a school district
under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an
interested county executive or interested mayor at a school district board meeting.
(ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the
provisions of this Subsection (3).
(e) Each local school board shall give notice of board meetings to each interested
mayor and interested county executive.
(f) The notice required under Subsection (3)(c) shall be provided by:
(i) mail;
(ii) e-mail; or
(iii) other effective means agreed to by the person to whom notice is given.
Section 182. Section 
53G-7-209
, which is renumbered from Section 53A-3-413 is
renumbered and amended to read:
[
53A-3-413
].
 53G-7-209.
Use of public school buildings and grounds as
civic centers.
(1) As used in this section, "civic center" means a public school building or ground,
including a charter school building or ground, that is established and maintained as a limited
public forum for supervised recreational activities and meetings.
(2) Except as provided in Subsection (3), all public school buildings and grounds shall
be civic centers.
(3) The use of school property as a civic center:
(a) may not interfere with a school function or purpose; and
(b) is considered a permit for governmental immunity purposes for a governmental
entity under Subsection 
63G-7-201
(4)(c).
(4) The organizer of an event may not use a civic center unless the organizer resides
within the geographic boundaries of the school district in which the civic center is located.
Section 183. Section 
53G-7-210
, which is renumbered from Section 53A-3-414 is
renumbered and amended to read:
[
53A-3-414
].
 53G-7-210.
Local school boards' and charter school
governing boards' responsibility for school buildings and grounds when used as civic
centers.
(1) As used in this section, "civic center" means the same as that term is defined in
Section [
53A-3-413
] 
53G-7-209
.
(2) A local school board or charter school governing board:
(a) shall manage, direct, and control civic centers [
under this chapter
];
(b) shall adopt policies for the use of civic centers;
(c) may charge a reasonable fee for the use of a civic center so that the school district
or charter school incurs no expense for that use;
(d) may appoint a special functions officer under Section 
53-13-105
 to have charge of
the grounds and protect school property when used for civic center purposes;
(e) shall allow the use of a civic center, for other than school purposes, unless it
determines that the use interferes with a school function or purpose; and
(f) shall ensure that school administrators are trained about and properly implement the
provisions of this section and Section [
53A-3-413
] 
53G-7-209
.
Section 184. Section 
53G-7-211
, which is renumbered from Section 53A-3-407 is
renumbered and amended to read:
[
53A-3-407
].
 53G-7-211.
Display of American flag.
(1) Each local school board shall provide each school within the district with a suitable
flagpole.
(2) The American flag shall be displayed on every school day and on every state and
national holiday.
(3) The flag shall be maintained in a respectable condition.
Section 185. Section 
53G-7-212
, which is renumbered from Section 53A-3-402.5 is
renumbered and amended to read:
[
53A-3-402.5
].
 53G-7-212.
Voter registration forms for high school
students.
Each public school district and each accredited nonpublic school shall provide voter
registration forms to students as required by Section 
20A-2-302
.
Section 186. Section 
53G-7-213
, which is renumbered from Section 53A-3-417 is
renumbered and amended to read:
[
53A-3-417
].
 53G-7-213.
Child care centers in public schools --
Requirements -- Availability -- Compliance with state and local laws.
(1) (a) Upon receiving a request from a community group such as a community
council, local PTA, or parent/student organization, a local school board may authorize the use
of a part of any school building in the district to provide child care services for school aged
children.
(b) (i) The school board shall provide written public notice of its intent to authorize a
child care center.
(ii) The board shall file a copy of the notice with the Office of Child Care within the
Department of Workforce Services and the Department of Health.
(2) (a) Establishment of a child care center in a public school building is contingent
upon the local school board determining that the center will not interfere with the building's use
for regular school purposes.
(b) The decision shall be made at the sole discretion of the school board.
(c) A school board may withdraw its approval to operate a child care center at any time
if it determines that such use interferes with the operation or interest of the school.
(d) The school district and its employees and agents are immune from any liability that
might otherwise result from a withdrawal of approval if the withdrawal was made in good
faith.
(3) (a) The board shall charge a commercially reasonable fee for the use of a school
building as a child care center so that the district does not incur an expense.
(b) The fee shall include but not be limited to costs for utility, building maintenance,
and administrative services supplied by the school that are related to the operation of the child
care center.
(4) (a) Child care service may be provided by governmental agencies other than school
districts, nonprofit community service groups, or private providers.
(b) If competitive proposals to provide child care services are submitted by the entities
listed in Subsection (4)(a), the board shall give preference to the private provider and nonprofit
community service groups so long as their proposals are judged to be at least equal to the
proposal of the governmental agency.
(c) It is intended that these programs function at the local community level with
minimal state and district involvement.
(5) It is the intent of the Legislature that providers not be required to go through a
complex procedure in order to obtain approval for providing the service.
(6) (a) Child care centers within a public school building shall make their services
available to all children regardless of where the children reside.
(b) If space and resources are limited, first priority shall be given to those who reside
within the school boundaries where the center is located, and to the children of teachers and
other employees of the school where the child care center is located.
(c) Second priority shall be given to those who reside within the school district
boundaries where the center is located.
(7) (a) The school board shall require proof of liability insurance which is adequate in
the opinion of the school board for use of school property as a child care center.
(b) A school district participating in the state Risk Management Fund shall require the
provider of child care services to comply with the applicable provisions of Title 63A, Chapter
4, Risk Management.
(8) Child care centers established under this section shall operate in compliance with
state and local laws and regulations, including zoning and licensing requirements, and
applicable school rules.
(9) Except for Subsection (8), this section does not apply to child care centers
established by a school district within a public school building if the center offers child care
services primarily to children of employees or children of students of the school district.
Section 187. Section 
53G-7-214
, which is renumbered from Section 53A-3-427 is
renumbered and amended to read:
[
53A-3-427
].
 53G-7-214.
Honorary high school diploma for certain
veterans.
(1) A board of education of a school district may award an honorary high school
diploma to a veteran, if the veteran:
(a) left high school before graduating in order to serve in the armed forces of the
United States;
(b) served in the armed forces of the United States during the period of World War II,
the Korean War, or the Vietnam War;
(c) (i) was honorably discharged; or
(ii) was released from active duty because of a service-related disability; and
(d) (i) resides within the school district; or
(ii) resided within the school district at the time of leaving high school to serve in the
armed forces of the United States.
(2) To receive an honorary high school diploma, a veteran or immediate family
member or guardian of a veteran shall submit to a local school board:
(a) a request for an honorary high school diploma; and
(b) information required by the local school board to verify the veteran's eligibility for
an honorary high school diploma under Subsection (1).
(3) At the request of a veteran, a veteran's immediate family member or guardian, or a
local school board, the Department of Veterans' and Military Affairs shall certify whether the
veteran meets the requirements of Subsections (1)(b) and (c).
Section 188. Section 
53G-7-215
, which is renumbered from Section 53A-1-409 is
renumbered and amended to read:
[
53A-1-409
].
 53G-7-215.
Competency-based education --
Recommendations -- Coordination.
(1) As used in this section, "competency-based education" means the same as that term
is defined in Section [
53A-15-1802
] 
53F-5-501
.
(2) A local school board or a charter school governing board may establish a
competency-based education program.
(3) A local school board or charter school governing board that establishes a
competency-based education program shall:
(a) establish assessments to accurately measure competency;
(b) provide the assessments to an enrolled student at no cost to the student;
(c) award credit to a student who demonstrates competency and subject mastery;
(d) submit the competency-based standards to the State Board of Education for review;
and
(e) publish the competency-based standards on its website or by other electronic means
readily accessible to the public.
(4) A local school board or charter school governing board may:
(a) on a random lottery-based basis, limit enrollment to courses that have been
designated as competency-based courses;
(b) waive or adapt traditional attendance requirements;
(c) adjust class sizes to maximize the value of course instructors or course mentors;
(d) enroll students from any geographic location within the state; and
(e) provide proctored online competency-based assessments.
Section 189. Section 
53G-7-216
, which is renumbered from Section 53A-1-706 is
renumbered and amended to read:
[
53A-1-706
].
 53G-7-216.
Purchases of educational technology.
(1) (a) A school district[
,
] 
or
 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[
,
] 
or
 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) Consistent with policies adopted by a local school board or charter school
governing board, 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 190. Section 
53G-7-301
 is enacted to read:
Part 3. Budgets
 53G-7-301.
Definitions.
Reserved
Section 191. Section 
53G-7-302
, which is renumbered from Section 53A-19-101 is
renumbered and amended to read:
[
53A-19-101
].
 53G-7-302.
School district and charter school budgets.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "Governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with
supporting documentation, to be submitted to the budget officer's governing board.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) for a school district, an estimate of the revenues for the succeeding fiscal year based
upon the lowest tax levy that will raise the required revenue, using the current year's taxable
value as the basis for this calculation;
(d) a detailed estimate of the essential expenditures for all purposes for the next
succeeding fiscal year; and
(e) the estimated financial condition of the school district or charter school by funds at
the close of the current fiscal year.
(4) The tentative budget shall be filed with the district business administrator or charter
school executive director for public inspection at least 15 days before the date of the tentative
budget's proposed adoption by the governing board.
Section 192. Section 
53G-7-303
, which is renumbered from Section 53A-19-102 is
renumbered and amended to read:
[
53A-19-102
].
 53G-7-303.
Local governing board budget procedures.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "Governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) (a) For a school district, before June 22 of each year, a local school board shall
adopt a budget and make appropriations for the next fiscal year.
(b) For a school district, if the tax rate in the school district's proposed budget exceeds
the certified tax rate defined in Section 
59-2-924
, the local school board shall comply with
Section 
59-2-919
 in adopting the budget, except as provided by Section [
53A-17a-133
]
53F-8-301
.
(3) (a) For a school district, before the adoption or amendment of a budget, a local
school board shall hold a public hearing, as defined in Section 
10-9a-103
, on the proposed
budget or budget amendment.
(b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act,
in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the
public hearing, a local school board shall:
(i) publish a notice of the public hearing in a newspaper or combination of newspapers
of general circulation in the school district, except as provided in Section 
45-1-101
;
(ii) publish a notice of the public hearing electronically in accordance with Section
45-1-101
;
(iii) file a copy of the proposed budget with the local school board's business
administrator for public inspection; and
(iv) post the proposed budget on the school district's Internet website.
(c) A notice of a public hearing on a school district's proposed budget shall include
information on how the public may access the proposed budget as provided in Subsections
(3)(b)(iii) and (iv).
(4) For a charter school, before June 22 of each year, a charter school governing board
shall adopt a budget for the next fiscal year.
(5) Within 30 days of adopting a budget, a governing board shall file a copy of the
adopted budget with the state auditor and the State Board of Education.
Section 193. Section 
53G-7-304
, which is renumbered from Section 53A-19-103 is
renumbered and amended to read:
[
53A-19-103
].
 53G-7-304.
Undistributed reserve in school board budget.
(1) A local school board may adopt a budget with an undistributed reserve. The reserve
may not exceed 5% of the maintenance and operation budget adopted by the board in
accordance with a scale developed by the State Board of Education. The scale is based on the
size of the school district's budget.
(2) The board may appropriate all or a part of the undistributed reserve made to any
expenditure classification in the maintenance and operation budget by written resolution
adopted by a majority vote of the board setting forth the reasons for the appropriation. The
board shall file a copy of the resolution with the State Board of Education and the state auditor.
(3) The board may not use undistributed reserves in the negotiation or settlement of
contract salaries for school district employees.
Section 194. Section 
53G-7-305
, which is renumbered from Section 53A-19-104 is
renumbered and amended to read:
[
53A-19-104
].
 53G-7-305.
Limits on appropriations -- Estimated
expendable revenue.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "Governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) A governing board may not make an appropriation in excess of its estimated
expendable revenue, including undistributed reserves, for the following fiscal year.
(3) A governing board may reduce a budget appropriation at the governing board's
regular meeting if notice of the proposed action is given to all governing board members and to
the district superintendent or charter school executive director, as applicable, at least one week
before the meeting.
(4) For a school district, in determining the estimated expendable revenue, any existing
deficits arising through excessive expenditures from former years are deducted from the
estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of
the district for the previous year.
(5) For a school district, in the event of financial hardships, the local school board may
deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of
the deficit amount.
(6) For a school district, all estimated balances available for appropriations at the end
of the fiscal year shall revert to the funds from which they were appropriated and shall be fund
balances available for appropriation in the budget of the following year.
(7) For a school district, an increase in an appropriation may not be made by the local
school board unless the following steps are taken:
(a) the local school board receives a written request from the district superintendent
that sets forth the reasons for the proposed increase;
(b) notice of the request is published:
(i) in a newspaper of general circulation within the school district at least one week
before the local school board meeting at which the request will be considered; and
(ii) in accordance with Section 
45-1-101
, at least one week before the local school
board meeting at which the request will be considered; and
(c) the local school board holds a public hearing on the request before the local school
board's acting on the request.
Section 195. Section 
53G-7-306
, which is renumbered from Section 53A-19-105 is
renumbered and amended to read:
[
53A-19-105
].
 53G-7-306.
School district interfund transfers.
(1) A school district shall spend revenues only within the fund for which they were
originally authorized, levied, collected, or appropriated.
(2) Except as otherwise provided in this section, school district interfund transfers of
residual equity are prohibited.
(3) The State Board of Education may authorize school district interfund transfers of
residual equity when a district states its intent to create a new fund or expand, contract, or
liquidate an existing fund.
(4) The State Board of Education may also authorize school district interfund transfers
of residual equity for a financially distressed district if the board determines the following:
(a) the district has a significant deficit in its maintenance and operations fund caused
by circumstances not subject to the administrative decisions of the district;
(b) the deficit cannot be reasonably reduced under Section [
53A-19-104
] 
53G-7-305
;
and
(c) without the transfer, the school district will not be capable of meeting statewide
educational standards adopted by the State Board of Education.
(5) The board shall develop standards for defining and aiding financially distressed
school districts under this section in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
and reported in the debt service fund.
(b) Debt service levies under Subsection 
59-2-924
 (5)(c) that are not subject to the
public hearing provisions of Section 
59-2-919
 may not be used for any purpose other than
retiring general obligation debt.
(c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
year shall be used in subsequent years for general obligation debt retirement.
(d) Any amounts left in the debt service fund after all general obligation debt has been
retired may be transferred to the capital projects fund upon completion of the budgetary hearing
process required under Section [
53A-19-102
] 
53G-7-303
.
Section 196. Section 
53G-7-307
, which is renumbered from Section 53A-19-106 is
renumbered and amended to read:
[
53A-19-106
].
 53G-7-307.
Warrants drawn by budget officer.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "Governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) The budget officer of a governing board may not draw warrants on school district
or charter school funds except in accordance with and within the limits of the budget passed by
the governing board.
Section 197. Section 
53G-7-308
, which is renumbered from Section 53A-19-107 is
renumbered and amended to read:
[
53A-19-107
].
 53G-7-308.
Emergency expenditures.
This [
chapter
] 
part
 does not apply to appropriations required because of emergencies
involving loss of life or great loss of property.
Section 198. Section 
53G-7-309
, which is renumbered from Section 53A-19-108 is
renumbered and amended to read:
[
53A-19-108
].
 53G-7-309.
Monthly budget reports.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "Governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) The business administrator or budget officer of a governing board shall provide
each board member with a report, on a monthly basis, that includes the following information:
(a) the amounts of all budget appropriations;
(b) the disbursements from the appropriations as of the date of the report; and
(c) the percentage of the disbursements as of the date of the report.
(3) Within five days of providing the monthly report described in Subsection (2) to a
governing board, the business administrator or budget officer shall make a copy of the report
available for public review.
Section 199. Section 
53G-7-401
, which is renumbered from Section 53A-30-102 is
renumbered and amended to read:
Part 4. Internal Audits
[
53A-30-102
].
 53G-7-401.
Definitions.
As used in this part:
(1) "Audit committee" means a standing committee:
(a) appointed by the local school board or charter school governing board with the
following number of members as applicable to the local school board or charter school
governing board:
(i) for a board of a local education agency that consists of seven or more members,
three members of that board; or
(ii) for a board of a local education agency that consists of six or fewer members, two
members of that board; and
(b) composed of people who are not administrators or employees of the local education
agency.
(2) "Audit director" means the person who directs the internal audit program.
(3) "Audit plan" means a prioritized list of audits to be performed by an internal audit
program within a specified period of time.
(4) "Internal audit" means an independent appraisal activity established within a local
education agency as a control system to examine and evaluate the adequacy and effectiveness
of other internal control systems within the local education agency.
(5) "Internal audit program" means an audit function that:
(a) is conducted by a local school board or charter school governing board independent
of the local education agency offices or other operations;
(b) objectively evaluates the effectiveness of the local education agency governance,
risk management, internal controls, and the efficiency of operations; and
(c) is conducted in accordance with the current:
(i) International Standards for the Professional Practice of Internal Auditing; or
(ii) The Government Auditing Standards, issued by the Comptroller General of the
United States.
(6) "Local education agency" means a school district or charter school.
Section 200. Section 
53G-7-402
, which is renumbered from Section 53A-30-103 is
renumbered and amended to read:
[
53A-30-103
].
 53G-7-402.
Internal auditing program -- Audit committee --
Powers and duties.
(1) A local school board or charter school governing board shall establish an audit
committee.
(2) (a) The audit committee shall establish an internal audit program that provides
internal audit services for the programs administered by the local education agency.
(b) A local education agency that has fewer than 10,000 students is not subject to
Subsection (2)(a).
(3) (a) A local school board or charter school governing board shall appoint the audit
director, with the advisement of the audit committee, if the local school board or charter school
governing board hires an audit director.
(b) If the local school board or charter school governing board has not appointed an
audit director and the school board or governing board contracts directly for internal audit
services, the local school board or charter school governing board shall approve a contract for
internal audit services, with the advisement of the audit committee.
(4) The audit committee shall ensure that copies of all reports of audit findings issued
by the internal auditors are available, upon request, to the audit director of the State Board of
Education, the Office of the State Auditor, and the Office of Legislative Auditor General.
(5) The audit committee shall ensure that significant audit matters that cannot be
appropriately addressed by the local education agency internal auditors are referred to either the
audit director of the State Board of Education, the Office of the State Auditor, or the Office of
Legislative Auditor General.
(6) The audit director may contract with a consultant to assist with an audit.
(7) The audit director of the State Board of Education and the Office of the State
Auditor may contract to provide internal audit services.
Section 201. Section 
53G-7-501
 is enacted to read:
Part 5. Student Fees
 53G-7-501.
Definitions.
Reserved
Section 202. Section 
53G-7-502
, which is renumbered from Section 53A-12-101 is
renumbered and amended to read:
[
53A-12-101
].
 53G-7-502.
Schools to be free -- Age limitations.
(1) Except as otherwise provided in [
Title 53A, State System of Public Education
] 
this
public education code
, in each school district the public schools shall be free to all children
between five and 18 years of age who are residents of the district, and also to persons over 18
who are domiciled in the state of Utah and have not completed high school.
(2) A person over the age of 18 taking courses under this section must declare an intent
to complete requirements for a high school diploma. All courses taken must lead toward that
diploma and must be approved by those directly responsible for administering the program.
(3) A person required to pay tuition under this section may have the tuition waived
under Section [
53A-15-404
] 
53E-10-205
.
Section 203. Section 
53G-7-503
, which is renumbered from Section 53A-12-102 is
renumbered and amended to read:
[
53A-12-102
].
 53G-7-503.
State policy on student fees, deposits, or other
charges.
(1) For purposes of this part:
(a) "Board" means the State Board of Education.
(b) "Secondary school" means a school that provides instruction to students in grades
7, 8, 9, 10, 11, or 12.
(c) "Secondary school student":
(i) means a student enrolled in a secondary school; and
(ii) includes a student in grade 6 if the student attends a secondary school.
(2) (a) A secondary school may impose fees on secondary school students.
(b) The board shall adopt rules regarding the imposition of fees in secondary schools in
accordance with the requirements of this part.
(3) A fee, deposit, or other charge may not be made, or any expenditure required of a
student or the student's parent or guardian, as a condition for student participation in an
activity, class, or program provided, sponsored, or supported by or through a public school or
school district, unless authorized by the local school board or charter school governing board
under rules adopted by the board.
(4) (a) A fee, deposit, charge, or expenditure may not be required for elementary school
activities which are part of the regular school day or for supplies used during the regular school
day.
(b) An elementary school or elementary school teacher may compile and provide to a
student's parent or guardian a suggested list of supplies for use during the regular school day so
that a parent or guardian may furnish on a voluntary basis those supplies for student use.
(c) A list provided to a student's parent or guardian pursuant to Subsection (4)(b) shall
include and be preceded by the following language:
"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
Section 204. Section 
53G-7-504
, which is renumbered from Section 53A-12-103 is
renumbered and amended to read:
[
53A-12-103
].
 53G-7-504.
Waiver of fees.
(1) (a) A local school board shall require, as part of an authorization granted under
Section [
53A-12-102
] 
53G-7-503
, that adequate waivers or other provisions are available to
ensure that no student is denied the opportunity to participate because of an inability to pay the
required fee, deposit, or charge.
(b) (i) If, however, a student must repeat a course or requires remediation to advance or
graduate and a fee is associated with the course or the remediation program, it is presumed that
the student will pay the fee.
(ii) If the student or the student's parent or guardian is financially unable to pay the fee,
the board shall provide for alternatives to waiving the fee, which may include installment
payments and school or community service or work projects for the student.
(iii) In cases of extreme financial hardship or where the student has suffered a
long-term illness, or death in the family, or other major emergency and where installment
payments and the imposition of a service or work requirement would not be reasonable, the
student may receive a partial or full waiver of the fee required under Subsection (1)(b)(i).
(iv) The waiver provisions in Subsections (2) and (3) apply to all other fees, deposits,
and charges made in the secondary schools.
(2) (a) The board shall require each school in the district that charges a fee under this
[
chapter
] 
part and Part 6, Textbook Fees,
 to provide a variety of alternatives for satisfying the
fee requirement to those who qualify for fee waivers, in addition to the outright waiver of the
fee.
(b) The board shall develop and provide a list of alternatives for the schools, including
such options as allowing the student to provide:
(i) tutorial assistance to other students;
(ii) assistance before or after school to teachers and other school personnel on school
related matters; and
(iii) general community or home service.
(c) Each school may add to the list of alternatives provided by the board, subject to
approval by the board.
(3) A local school board may establish policies providing for partial fee waivers or
other alternatives for those students who, because of extenuating circumstances, are not in a
financial position to pay the entire fee.
(4) With regard to children who are in the custody of the Division of Child and Family
Services who are also eligible under Title IV-E of the federal Social Security Act, local school
boards shall require fee waivers or alternatives in accordance with Subsections (1) through (3).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules:
(a) requiring a parent or guardian of a student applying for a fee waiver to provide
documentation and certification to the school verifying:
(i) the student's eligibility to receive the waiver; and
(ii) that the alternatives for satisfying the fee requirements under Subsection (2) have
been complied with to the fullest extent reasonably possible according to the individual
circumstances of both the fee waiver applicant and the school; and
(b) specifying the acceptable forms of documentation for the requirement under
Subsection (5)(a), which shall include verification based on income tax returns or current pay
stubs.
(6) Notwithstanding the requirements under Subsection (5), a school is not required to
keep documentation on file after the verification is completed.
Section 205. Section 
53G-7-505
, which is renumbered from Section 53A-12-104 is
renumbered and amended to read:
[
53A-12-104
].
 53G-7-505.
Notice of student fees and waivers.
A local school board shall annually give written notice of its student fee schedules and
fee waiver policies to the parent or guardian of a child who attends a public school within the
district. 
Section 206. Section 
53G-7-601
, which is renumbered from Section 53A-12-202 is
renumbered and amended to read:
Part 6. Textbook Fees
[
53A-12-202
].
 53G-7-601.
"Textbooks" defined.
For the purposes of Sections [
53A-12-201
] 
53G-7-602
 through [
53A-12-206
]
53G-7-605
, "textbooks" includes textbooks and workbooks necessary for participation in any
instructional course. Textbooks shall not include personal or consumable items, such as
pencils, papers, pens, erasers, notebooks, other items of personal use, or products which a
student may purchase at his option, such as school publications, class rings, annuals, and
similar items.
Section 207. Section 
53G-7-602
, which is renumbered from Section 53A-12-201 is
renumbered and amended to read:
[
53A-12-201
].
 53G-7-602.
State policy on providing textbooks.
(1) It is the public policy of this state that public education shall be free.
(2) A student may not be denied an education because of economic inability to
purchase textbooks necessary for advancement in or graduation from the public school system.
(3) A school board may not sell textbooks or otherwise charge textbook fees or
deposits except as provided in [
Title 53A, State System of Public Education
] 
this public
education code
.
Section 208. Section 
53G-7-603
, which is renumbered from Section 53A-12-204 is
renumbered and amended to read:
[
53A-12-204
].
 53G-7-603.
Purchase of textbooks by local school board --
Sales to pupils -- Free textbooks -- Textbooks provided to teachers -- Payment of costs --
Rental of textbooks.
(1) A local school board, under rules adopted by the State Board of Education, may
purchase textbooks for use in the public schools directly from the publisher at prices and terms
approved by the state board and may sell those books to pupils in grades nine through 12 at a
cost not to exceed the actual cost of the book plus costs of transportation and handling.
(2) Each local school board, however, shall provide, free of charge, textbooks and
workbooks required for courses of instruction for each child attending public schools whose
parent or guardian is financially unable to purchase them.
(3) Children who are receiving cash assistance under Title 35A, Chapter 3, Part 3,
Family Employment Program, supplemental security income, or who are in the custody of the
Division of Child and Family Services within the Department of Human Services are eligible
for free textbooks and workbooks under this section.
(4) The local school board shall also purchase all books necessary for teachers to
conduct their classes.
(5) The cost of furnishing textbooks and workbooks may be paid from school operating
funds, the textbook fund, or from other available funds.
(6) Books provided to teachers and pupils without charge or at less than full cost are
paid for out of funds of the district and remain the property of the district.
(7) In school districts that require pupils to rent books instead of purchasing them or
providing them free of charge, the local school board shall waive rental fees for a child whose
parent or guardian is financially unable to pay the rental fee. The children considered eligible
under Subsection (3) are also eligible for the purposes of this Subsection (7).
Section 209. Section 
53G-7-604
, which is renumbered from Section 53A-12-205 is
renumbered and amended to read:
[
53A-12-205
].
 53G-7-604.
Free textbook system.
(1) If a local school board considers it desirable or necessary, or if the board is
petitioned by two-thirds of those voting in the district, it shall provide free textbooks to all
pupils in the schools under its charge.
(2) Books purchased under this section shall be paid for out of the funds of the district.
(3) The board shall assure that sufficient funds are raised and set aside for this purpose.
(4) A board that has adopted the free textbook system shall terminate the system if
petitioned by two-thirds of those voting in an election conducted for that purpose vote to
terminate the system.
(5) The board may not act upon a petition to terminate the free textbook system during
a period of four years after the system is adopted.
(6) The board may not reinstitute a free textbook system until four years after its
termination.
Section 210. Section 
53G-7-605
, which is renumbered from Section 53A-12-206 is
renumbered and amended to read:
[
53A-12-206
].
 53G-7-605.
Repurchase and resale of textbooks.
(1) If a student moves from a district in which free textbooks were not provided, the
school board of that district may purchase the books used by the student at a reasonable price,
based upon the original cost and the condition of the book upon return.
(2) The books purchased by the district under this section may be resold to other
students in the district.
Section 211. Section 
53G-7-606
, which is renumbered from Section 53A-12-207 is
renumbered and amended to read:
[
53A-12-207
].
 53G-7-606.
Disposal of textbooks.
(1) For a school year beginning with or after the 2012-13 school year, a local school
district may not dispose of textbooks used in its public schools without first notifying all other
school districts in the state of its intent to dispose of the textbooks.
(2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
worn out.
(3) The State Board of Education shall develop rules and procedures directing the
disposal of textbooks.
Section 212. Section 
53G-7-701
, which is renumbered from Section 53A-11-1202 is
renumbered and amended to read:
Part 7. Student Clubs
[
53A-11-1202
].
 53G-7-701.
Definitions.
As used in this part:
(1) "Bigotry" means action or advocacy of imminent action involving:
(a) the harassment or denigration of a person or entity; or
(b) any intent to cause a person not to freely enjoy or exercise any right secured by the
constitution or laws of the United States or the state, except that an evaluation or prohibition
may not be made of the truth or falsity of any religious belief or expression of conscience
unless the means of expression or conduct arising therefrom violates the standards of conduct
outlined in this section, Section [
53A-13-101.3
] 
53G-10-203
, or 20 U.S.C. [
Section
] 
Sec.
4071(f).
(2) "Club" means any student organization that meets during noninstructional time.
(3) "Conscience" means a standard based upon learned experiences, a personal
philosophy or system of belief, religious teachings or doctrine, an absolute or external sense of
right and wrong which is felt on an individual basis, a belief in an external absolute, or any
combination of the foregoing.
(4) "Curricular club" means a club that is school sponsored and that may receive
leadership, direction, and support from the school or school district beyond providing a
meeting place during noninstructional time. An elementary school curricular club means a club
that is organized and directed by school sponsors at the elementary school. A secondary school
curricular club means a club:
(a) whose subject matter is taught or will soon be taught in a regular course;
(b) whose subject matter concerns the body of courses as a whole;
(c) in which participation is required for a particular course; or
(d) in which participation results in academic credit.
(5) (a) "Discretionary time" means school-related time for students that is not
instructional time.
(b) "Discretionary time" includes free time before and after school, during lunch and
between classes or on buses, and private time before athletic and other events or activities.
(6) (a) "Encourage criminal or delinquent conduct" means action or advocacy of
imminent action that violates any law or administrative rule.
(b) "Encourage criminal or delinquent conduct" does not include discussions
concerning changing of laws or rules, or actions taken through lawfully established channels to
effectuate such change.
(7) (a) "Instructional time" means time during which a school is responsible for a
student and the student is required or expected to be actively engaged in a learning activity.
(b) "Instructional time" includes instructional activities in the classroom or study hall
during regularly scheduled hours, required activities outside the classroom, and counseling,
private conferences, or tutoring provided by school employees or volunteers acting in their
official capacities during or outside of regular school hours.
(8) "Involve human sexuality" means:
(a) presenting information in violation of laws governing sex education, including
Sections [
53A-13-101
] 
53G-10-402
 and [
53A-13-302
] 
53E-9-203
;
(b) advocating or engaging in sexual activity outside of legally recognized marriage or
forbidden by state law; or
(c) presenting or discussing information relating to the use of contraceptive devices or
substances, regardless of whether the use is for purposes of contraception or personal health.
(9) "Limited open forum" means a forum created by a school district or charter school
for student expression within the constraints of Subsection [
53A-13-101.3
] 
53G-10-203
(2)(b).
(10) "Noncurricular club" is a student initiated group that may be authorized and
allowed school facilities use during noninstructional time in secondary schools by a school and
school governing board in accordance with the provisions of this part. A noncurricular club's
meetings, ideas, and activities are not sponsored or endorsed in any way by a school governing
board, the school, or by school or school district employees.
(11) "Noninstructional time" means time set aside by a school before instructional time
begins or after instructional time ends, including discretionary time.
(12) "Religious club" means a noncurricular club designated in its application as either
being religiously based or based on expression or conduct mandated by conscience.
(13) "School" means a public school, including a charter school.
(14) (a) "School facilities use" means access to a school facility, premises, or playing
field.
(b) "School facilities use" includes access to a limited open forum.
(15) "School governing board" means a local school board or charter school board.
Section 213. Section 
53G-7-702
, which is renumbered from Section 53A-11-1203 is
renumbered and amended to read:
[
53A-11-1203
].
 53G-7-702.
Student clubs -- Limited open forum --
Authorization.
(1) (a) A school may establish and maintain a limited open forum for student clubs
pursuant to the provisions of this part, State Board of Education rules, and school governing
board policies.
(b) Notwithstanding the provisions under Subsection (1)(a), a school retains the right to
create a closed forum at any time by allowing curricular clubs only.
(2) (a) A school shall review applications for authorization of clubs on a case-by-case
basis.
(b) Before granting an authorization, the school shall find:
(i) that the proposed club meets this part's respective requirements of a curricular club
or a noncurricular club; and
(ii) that the proposed club's purpose and activities comply with this part.
(c) Before granting an authorization, a school may request additional information from
the faculty sponsor, from students proposing the club, or from its school governing board, if
desired.
(3) A school shall grant authorization and school facilities use to curricular and
noncurricular clubs whose applications are found to meet the requirements of this part, rules of
the State Board of Education, and policies of the school governing board and shall limit or
deny authorization or school facilities use to proposed clubs that do not meet the requirements
of this part, rules of the State Board of Education, and policies of the school governing board.
Section 214. Section 
53G-7-703
, which is renumbered from Section 53A-11-1204 is
renumbered and amended to read:
[
53A-11-1204
].
 53G-7-703.
Curricular clubs -- Authorization.
(1) Faculty members or students proposing a curricular club shall submit written
application for authorization on a form approved by the school governing board.
(2) A school governing board may exempt a club whose membership is determined by
student body election or a club that is governed by an association that regulates interscholastic
activities from the authorization requirements under this section.
(3) An application for authorization of a curricular club shall include:
(a) the recommended club name;
(b) a statement of the club's purpose, goals, and activities;
(c) a statement of the club's categorization, which shall be included in the parental
consent required under Section [
53A-11-1210
] 
53G-7-709
, indicating all of the following that
may apply:
(i) athletic;
(ii) business/economic;
(iii) agriculture;
(iv) art/music/performance;
(v) science;
(vi) gaming;
(vii) religious;
(viii) community service/social justice; and
(ix) other;
(d) the recommended meeting times, dates, and places;
(e) a statement that the club will comply with the provisions of this part and all other
applicable laws, rules, or policies; and
(f) a budget showing the amount and source of any funding provided or to be provided
to the club and its proposed use.
(4) The application may be as brief as a single page so long as it contains the items
required under this section.
(5) A school shall approve the name of a curricular club consistent with the club's
purposes and its school sponsorship.
(6) (a) A school shall determine curriculum relatedness by strictly applying this part's
definition of curricular club to the club application.
(b) If the school finds that the proposed club is a curricular club, the school shall
continue to review the application as an application for authorization of a curricular club.
(c) If the school finds that the proposed club is a noncurricular club, the school may:
(i) return the application to the faculty member or students proposing the club for
amendment; or
(ii) review the application as an application for authorization of a noncurricular club.
(7) (a) Only curricular clubs may be authorized for elementary schools.
(b) A school governing body may limit, or permit a secondary school to limit, the
authorization of clubs at the secondary school to only curricular clubs.
Section 215. Section 
53G-7-704
, which is renumbered from Section 53A-11-1205 is
renumbered and amended to read:
[
53A-11-1205
].
 53G-7-704.
Noncurricular clubs -- Annual authorization.
(1) A noncurricular club shall have a minimum of three members.
(2) Students proposing a noncurricular club shall submit a written application for
authorization on a form approved by the school governing board.
(3) An application for authorization of a noncurricular club shall include:
(a) the recommended club name;
(b) a statement of the club's purpose, goals, and activities;
(c) a statement of the club's categorization, which shall be included in the parental
consent required under Section [
53A-11-1210
] 
53G-7-709
, indicating all of the following that
may apply:
(i) athletic;
(ii) business/economic;
(iii) agriculture;
(iv) art/music/performance;
(v) science;
(vi) gaming;
(vii) religious;
(viii) community service/social justice; and
(ix) other;
(d) the recommended meeting times, dates, and places;
(e) a statement that the club will comply with the provisions of this part and all other
applicable laws, rules, or policies; and
(f) a budget showing the amount and source of any funding provided or to be provided
to the club and its proposed use.
(4) The application may be as brief as a single page so long as it contains the items
required under this section.
(5) (a) A school governing board may provide for approval of a noncurricular club
name in an action separate from that relating to authorization of the club itself.
(b) A school governing board shall require:
(i) that a noncurricular club name shall reasonably reflect the club's purpose, goals, and
activities; and
(ii) that the noncurricular club name shall be a name that would not result in or imply a
violation of this part.
Section 216. Section 
53G-7-705
, which is renumbered from Section 53A-11-1206 is
renumbered and amended to read:
[
53A-11-1206
].
 53G-7-705.
Clubs -- Limitations and denials.
(1) A school shall limit or deny authorization or school facilities use to a club, or
require changes prior to granting authorization or school facilities use:
(a) as the school determines it to be necessary to:
(i) protect the physical, emotional, psychological, or moral well-being of students and
faculty;
(ii) maintain order and discipline on school premises;
(iii) prevent a material and substantial interference with the orderly conduct of a
school's educational activities;
(iv) protect the rights of parents or guardians and students;
(v) maintain the boundaries of socially appropriate behavior; or
(vi) ensure compliance with all applicable laws, rules, regulations, and policies; or
(b) if a club's proposed charter and proposed activities indicate students or advisors in
club related activities would as a substantial, material, or significant part of their conduct or
means of expression:
(i) encourage criminal or delinquent conduct;
(ii) promote bigotry;
(iii) involve human sexuality; or
(iv) involve any effort to engage in or conduct mental health therapy, counseling, or
psychological services for which a license would be required under state law.
(2) A school governing board has the authority to determine whether any club meets
the criteria of Subsection (1).
(3) If a school or school governing board limits or denies authorization to a club, the
school or school governing board shall provide, in writing, to the applicant the factual and legal
basis for the limitation or denial.
(4) A student's spontaneous expression of sentiments or opinions otherwise identified
in Subsection [
53A-13-302
] 
53E-9-203
(1) is not prohibited.
Section 217. Section 
53G-7-706
, which is renumbered from Section 53A-11-1207 is
renumbered and amended to read:
[
53A-11-1207
].
 53G-7-706.
Faculty oversight of authorized clubs.
(1) A school shall approve the faculty sponsor, supervisor, or monitor for each
authorized curricular, noncurricular, and religious club to provide oversight consistent with this
part and the needs of the school to ensure that the methods of expression, religious practices, or
other conduct of the students or advisors involved do not:
(a) unreasonably interfere with the ability of school officials to maintain order and
discipline;
(b) unreasonably endanger or threaten the well-being of persons or property;
(c) violate concepts of civility or propriety appropriate to a school setting; or
(d) violate applicable laws, rules, regulations, and policies.
(2) (a) A school shall annually approve faculty members as sponsors of curricular
clubs.
(b) Faculty sponsors shall organize and direct the purpose and activities of a curricular
club.
(3) (a) A school shall approve faculty members to serve as supervisors for authorized
noncurricular clubs.
(b) A faculty supervisor shall provide oversight to ensure compliance with the
approved club purposes, goals, and activities and with the provisions of this part and other
applicable laws, rules, and policies.
(c) The approval of a faculty supervisor or monitor does not constitute school
sponsorship of the club.
(d) A faculty monitor approved for a religious club may not participate in the activities
of the religious club, except to perform the supervisory role required by this section.
(4) Without the prior approval by the school, a person who is not a school faculty
member or a club member may not:
(a) make a presentation to a noncurricular club; or
(b) direct, conduct, control, or regularly attend the meetings of a noncurricular club.
Section 218. Section 
53G-7-707
, which is renumbered from Section 53A-11-1208 is
renumbered and amended to read:
[
53A-11-1208
].
 53G-7-707.
Use of school facilities by clubs.
(1) A school shall determine and assign school facilities use for curricular and
noncurricular clubs consistent with the needs of the school.
(2) The following rules apply to curricular clubs:
(a) in assigning school facilities use, the administrator may give priority to curricular
clubs over noncurricular clubs; and
(b) the school may provide financial or other support to curricular clubs.
(3) The following rules apply to noncurricular clubs:
(a) a preference or priority may not be given among noncurricular clubs;
(b) (i) a school shall only provide the space for noncurricular club meetings; and
(ii) a school may not spend public funds for noncurricular clubs, except as required to
implement the provisions of this part, including providing space and faculty oversight for
noncurricular clubs;
(c) a school shall establish the noninstructional times during which noncurricular clubs
may meet;
(d) a school may establish the places that noncurricular clubs may meet;
(e) a school may set the number of hours noncurricular clubs may use the school's
facilities per month, provided that all noncurricular clubs shall be treated equally; and
(f) a school shall determine what access noncurricular clubs shall be given to the
school newspaper, yearbook, bulletin boards, or public address system, provided that all
noncurricular clubs shall be treated equally.
Section 219. Section 
53G-7-708
, which is renumbered from Section 53A-11-1209 is
renumbered and amended to read:
[
53A-11-1209
].
 53G-7-708.
Club membership.
(1) A school shall require written parental or guardian consent for student participation
in all curricular and noncurricular clubs at the school.
(2) Membership in curricular clubs is governed by the following rules:
(a) (i) membership may be limited to students who are currently attending the
sponsoring school or school district; and
(ii) members who attend a school other than the sponsoring school shall have, in
addition to the consent required under Section [
53A-11-1210
] 
53G-7-709
, specific parental or
guardian permission for membership in a curricular club at another school;
(b) (i) curricular clubs may require that prospective members try out based on objective
criteria outlined in the application materials; and
(ii) try-outs may not require activities that violate the provisions of this part and other
applicable laws, rules, and policies; and
(c) other rules as determined by the State Board of Education, school district, or
school.
(3) Membership in noncurricular clubs is governed by the following rules:
(a) student membership in a noncurricular club is voluntary;
(b) membership shall be limited to students who are currently attending the school;
(c) (i) noncurricular clubs may require that prospective members try out based on
objective criteria outlined in the application materials; and
(ii) try-outs may not require activities that violate the provisions of this part and other
applicable laws, rules, and policies;
(d) a copy of any written or other media materials that were presented at a
noncurricular club meeting by a nonschool person shall be delivered to a school administrator
no later than 24 hours after the noncurricular club meeting and, if requested, a student's parent
or legal guardian shall have an opportunity to review those materials; and
(e) other rules as determined by the State Board of Education, school district, or
school.
Section 220. Section 
53G-7-709
, which is renumbered from Section 53A-11-1210 is
renumbered and amended to read:
[
53A-11-1210
].
 53G-7-709.
Parental consent.
(1) A school shall require written parental or guardian consent for student participation
in all curricular and noncurricular clubs at the school.
(2) The consent described in Subsection (1) shall include an activity disclosure
statement containing the following information:
(a) the specific name of the club;
(b) a statement of the club's purpose, goals, and activities;
(c) a statement of the club's categorization, which shall be obtained from the
application for authorization of a club in accordance with the provisions of Section
[
53A-11-1204
] 
53G-7-703
 or [
53A-11-1205
] 
53G-7-704
, indicating all of the following that
may apply:
(i) athletic;
(ii) business/economic;
(iii) agriculture;
(iv) art/music/performance;
(v) science;
(vi) gaming;
(vii) religious;
(viii) community service/social justice; and
(ix) other;
(d) beginning and ending dates;
(e) a tentative schedule of the club activities with dates, times, and places specified;
(f) personal costs associated with the club, if any;
(g) the name of the sponsor, supervisor, or monitor who is responsible for the club; and
(h) any additional information considered important for the students and parents to
know.
(3) All completed parental consent forms shall be filed by the parent or the club's
sponsor, supervisor, or monitor with the school's principal, the chief administrative officer of a
charter school, or their designee.
Section 221. Section 
53G-7-710
, which is renumbered from Section 53A-11-1211 is
renumbered and amended to read:
[
53A-11-1211
].
 53G-7-710.
Violations -- Investigations -- School responses.
(1) A school shall investigate any report or allegation that an authorized curricular or
noncurricular club is:
(a) participating in activities beyond the scope of its purpose; or
(b) in violation of a provision of this part or another applicable law, rule, regulation, or
policy.
(2) After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
students involved, and the person making the report or allegation, if a violation is substantiated,
the school may do any of the following:
(a) allow the club's original statement of its purpose, goals, and activities to be
modified to include the activities if they are in compliance with the provisions of this part and
other applicable laws, rules, regulations, or policies;
(b) instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
the future;
(c) limit or suspend the club's authorization or school facilities use pending further
corrective action as determined by the school; or
(d) terminate the club's authorization and dissolve the club.
(3) Any limitation on expression, practice, or conduct of any student, advisor, or guest
in a meeting of a curricular or noncurricular club, or limitation on school facilities use, shall be
by the least restrictive means necessary to satisfy the school's interests as identified in this part.
(4) A club that has been terminated in accordance with Subsection (2)(d) may not
reapply for authorization until the following school year.
(5) A student who makes a false allegation or report under this section shall be subject
to school discipline.
Section 222. Section 
53G-7-711
, which is renumbered from Section 53A-11-1212 is
renumbered and amended to read:
[
53A-11-1212
].
 53G-7-711.
Appeals -- Procedures.
(1) (a) A completed application or complaint shall be approved, denied, or investigated
by the school within a reasonable amount of time.
(b) If an application or complaint is denied, written reasons for the denial or results of
the investigation shall be stated and, if appropriate, suggested corrections shall be made to
remedy the deficiency.
(c) A club that is denied school facilities use shall be informed at the time of the denial
of the factual and legal basis for the denial, and, if appropriate, how the basis for the denial
could be corrected.
(2) (a) If denied, suspended, or terminated, a club, student desirous of participating or
speaking, or a complaining parent or guardian, has 10 school days from the date of the denial,
suspension, or termination to file a written appeal from the denial, suspension, or termination
to a designee authorized by the school governing board.
(b) The designee shall issue a determination within a reasonable amount of time from
receipt of the appeal, which decision is final and constitutes satisfaction of all administrative
remedies unless the time for evaluation is extended by agreement of all parties.
(3) A person directly affected by a decision made in accordance with the provisions of
this part may appeal the decision by writing to a person designated by the school governing
board.
Section 223. Section 
53G-7-712
, which is renumbered from Section 53A-11-1213 is
renumbered and amended to read:
[
53A-11-1213
].
 53G-7-712.
Rulemaking -- State Board of Education --
School governing boards.
The State Board of Education may adopt additional rules and school governing boards
may adopt additional rules or policies governing clubs that do not conflict with the provisions
of this part.
Section 224. Section 
53G-7-713
, which is renumbered from Section 53A-11-1214 is
renumbered and amended to read:
[
53A-11-1214
].
 53G-7-713.
Severability.
If any provision of this part or the application of any provision to any person or
circumstance, is held invalid, the remainder of this part shall be given effect without the invalid
provision or application.
Section 225. Section 
53G-7-801
, which is renumbered from Section 53A-15-1101 is
renumbered and amended to read:
Part 8. School Uniforms
[
53A-15-1101
].
 53G-7-801.
Definitions.
As used in this part:
(1) "Principal" includes the chief administrator of a school that does not have a
principal.
(2) "School" means a public school, including a charter school.
(3) "School official" means the principal of a school or the local school board for a
school district.
(4) "School uniform" means student clothing conforming to a school uniform policy
under this part, which may include a dress code, dress of designated colors, or a reasonable
designated uniform of a particular style. A school uniform policy may not include very
expensive or prescriptive clothing requirements.
Section 226. Section 
53G-7-802
, which is renumbered from Section 53A-15-1102 is
renumbered and amended to read:
[
53A-15-1102
].
 53G-7-802.
Uniforms in schools -- Legislative finding --
Policies.
(1) The Legislature finds that:
(a) each student should be allowed to learn in a safe environment which fosters the
learning process and is free from unnecessary disruptions;
(b) the wearing of certain types of clothing may identify students as members of youth
gangs and contribute to disruptive behavior and violence in the schools;
(c) school uniform policies may be part of an overall program to:
(i) improve school safety and discipline; and
(ii) help avoid the disruption of the classroom atmosphere and decorum and prevent
disturbances among students; and
(d) school uniforms may:
(i) decrease violence and theft among students; and
(ii) foster and promote desirable school operating conditions and a positive educational
environment in accordance with this part.
(2) In accordance with Section [
53A-15-1103
] 
53G-7-803
, a school may adopt a school
uniform policy that requires students enrolled at that school to wear a designated school
uniform during the school day.
(3) A school uniform policy shall:
(a) protect students' free exercise of religious beliefs;
(b) specify whether the uniform policy is voluntary or mandatory for students;
(c) specify whether or not the uniform policy has an opt-out provision in addition to the
provisions under Subsection (5); and
(d) include a provision for financial assistance to families who cannot afford to
purchase a required uniform, which may include:
(i) the school providing school uniforms to students;
(ii) the school making used school uniforms available to students; or
(iii) other programs to make school uniforms available to economically disadvantaged
students.
(4) A school uniform policy under this part is not considered a fee for either an
elementary or a secondary school.
(5) A school uniform policy shall include a provision allowing a principal at any time
during the school year to grant an exemption from wearing a school uniform to a student
because of extenuating circumstances.
(6) (a) If a school adopts a school uniform policy under this part, that school's
governing body or local school board shall adopt local appellate procedures for school actions
under this part, including a denial of an exemption requested under Subsection (5).
(b) A person may seek judicial review of an action under this part only after exhausting
the remedies provided under this Subsection (6).
Section 227. Section 
53G-7-803
, which is renumbered from Section 53A-15-1103 is
renumbered and amended to read:
[
53A-15-1103
].
 53G-7-803.
Uniforms in schools -- Policy approval.
(1) The school uniform policy authorized in Section [
53A-15-1102
] 
53G-7-802
 may be
adopted:
(a) for a charter school:
(i) by the governing body or administrator of the charter school in accordance with
Subsection (2); or
(ii) by including the school uniform policy in the school's charter approved in
accordance with [
Title 53A, Chapter 1a, Part 5, The
] 
Chapter 5,
 Utah Charter Schools [
Act
];
(b) for more than one school at the district level by a local school board in accordance
with Subsection (2); or
(c) for a single school at the school level by the principal of the school in accordance
with Subsection (2).
(2) A school uniform policy adopted by an election is subject to the following
requirements:
(a) the adopting authority shall hold a public hearing on the matter prior to formal
adoption of the school uniform policy;
(b) (i) the adopting authority shall hold an election for approval of a school uniform
policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
at the election; and
(ii) only parents and guardians of students subject to the proposed school uniform
policy may vote at the election, limited to one vote per family.
(3) (a) A local school board or principal is required to hold an election to consider
adoption of a school uniform policy for an entire school district or an individual school if
initiative petitions are presented as follows:
(i) for a school district, a petition signed by a parent or guardian of 20% of the district's
students presented to the local school board; and
(ii) for an individual school, a petition signed by a parent or guardian of 20% of the
school's students presented to the principal.
(b) The public hearing and election procedures required in Subsection (2) apply to
Subsection (3).
(4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
discontinuance or modification of a school uniform policy adopted under this section.
(b) A vote to discontinue an adopted school uniform policy may not take place during
the first year of its operation.
(5) The adopting authority shall establish the manner and time of an election required
under this section.
Section 228. Section 
53G-7-901
, which is renumbered from Section 53A-29-101 is
renumbered and amended to read:
Part 9. Internships
[
53A-29-101
].
 53G-7-901.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Cooperating employer" means a public or private entity which, as part of a work
experience and career exploration program offered through a school, provides interns with
training and work experience in activities related to the entity's ongoing business activities.
(2) "Intern" means a student enrolled in a school-sponsored work experience and career
exploration program under Section [
53A-29-102
] 
53G-7-902
 involving both classroom
instruction and work experience with a cooperating employer, for which the student receives no
compensation.
(3) "Internship" means the work experience segment of an intern's school-sponsored
work experience and career exploration program, performed under the direct supervision of a
cooperating employer.
(4) "Private school" means a school serving any of grades 7 through 12 which is not
part of the public education system.
(5) "Public school" means:
(a) a public school district;
(b) an applied technology center or applied technology service region;
(c) the Schools for the Deaf and the Blind; or
(d) other components of the public education system authorized by the State Board of
Education to offer internships.
Section 229. Section 
53G-7-902
, which is renumbered from Section 53A-29-102 is
renumbered and amended to read:
[
53A-29-102
].
 53G-7-902.
Public or private school internships.
A public or private school may offer internships in connection with work experience
and career exploration programs operated in accordance with the rules of the State Board of
Education.
Section 230. Section 
53G-7-903
, which is renumbered from Section 53A-29-103 is
renumbered and amended to read:
[
53A-29-103
].
 53G-7-903.
Interns -- Workers' compensation medical
benefits.
(1) An intern participating in an internship under Section [
53A-29-102
] 
53G-7-902
 is
considered to be a volunteer government worker of the sponsoring public school, or an
employee of the sponsoring private school, solely for purposes of receiving workers'
compensation medical benefits.
(2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy
against the school and the cooperating employer for all injuries and occupational diseases as
provided under Title 34A, Chapters 2, Workers' Compensation Act
,
 and Chapter 3, Utah
Occupational Disease Act.
Section 231. Section 
53G-7-904
, which is renumbered from Section 53A-29-104 is
renumbered and amended to read:
[
53A-29-104
].
 53G-7-904.
Internship programs -- Criminal background
checks.
Officers and employees of a cooperating employer who will be given significant
unsupervised access to a student in connection with the student's activities as an intern shall be
considered to be a volunteer for purposes of criminal background checks under Section
[
53A-15-1503
] 
53G-11-402
.
Section 232. Section 
53G-7-905
, which is renumbered from Section 53A-29-105 is
renumbered and amended to read:
[
53A-29-105
].
 53G-7-905.
Recognition of participation in internship
program.
A cooperating employer may be given appropriate recognition by a school, including
the posting of the employer's name and a short description of the employer's business in an
appropriate location on school property, or publication of that information in official
publications of the school or school district.
Section 233. Section 
53G-7-1001
 is enacted to read:
Part 10. Internet Policy
 53G-7-1001.
Definitions.
Reserved
Section 234. Section 
53G-7-1002
, which is renumbered from Section 53A-3-422 is
renumbered and amended to read:
[
53A-3-422
].
 53G-7-1002.
Internet and online access policy required.
State funds may not be provided to any local school board that provides access to the
Internet or an online service unless the local school board adopts and enforces a policy to
restrict access to Internet or online sites that contain obscene material.
Section 235. Section 
53G-7-1003
, which is renumbered from Section 53A-3-423 is
renumbered and amended to read:
[
53A-3-423
].
 53G-7-1003.
Process and content standards for policy.
(1) "Policy" as used in this section means the elementary and secondary school online
access policy adopted by a local school board to meet the requirements of Section [
53A-3-422
]
53G-7-1002
.
(2) (a) Each policy shall be developed under the direction of the local school board,
adopted in an open meeting, and have an effective date. The local school board shall review
the policy at least every three years, and a footnote shall be added to the policy indicating the
effective date of the last review.
(b) Notice of the availability of the policy shall be posted in a conspicuous place within
each school. The local school board may issue any other public notice it considers appropriate.
(3) The policy shall:
(a) state that it restricts access to Internet or online sites that contain obscene material
and shall state how the local school board intends to meet the requirements of Section
[
53A-3-422
] 
53G-7-1002
;
(b) inform the public that administrative procedures and guidelines for the staff to
follow in enforcing the policy have been adopted and are available for review at the school; and
(c) inform the public that procedures to handle complaints about the policy, its
enforcement, or about observed behavior have been adopted and are available for review at the
school.
Section 236. Section 
53G-7-1004
, which is renumbered from Section 53A-3-424 is
renumbered and amended to read:
[
53A-3-424
].
 53G-7-1004.
Rulemaking -- Reporting.
The State Board of Education may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, regarding compliance standards and reporting
requirements for local school boards with respect to the policy required by Section
[
53A-3-422
] 
53G-7-1002
.
Section 237. Section 
53G-7-1101
, which is renumbered from Section 53A-1-1601 is
renumbered and amended to read:
Part 11. Public School Membership in Associations
[
53A-1-1601
].
 53G-7-1101.
Definitions.
As used in this part:
(1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
assigning a public school a classification or region.
(2) "Appeals panel" means the appeals panel created in Section [
53A-1-1606
]
53G-7-1106
.
(3) (a) "Association" means an organization that governs or regulates a student's
participation in an athletic interscholastic activity.
(b) "Association" does not include an institution of higher education described in
Section 
53B-1-102
.
(4) "Classification" means the designation of a school based on the size of the school's
student enrollment population for purposes of interscholastic activities.
(5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
or governed by an association.
(6) "Governing body" means a body within an association that:
(a) is responsible for:
(i) adopting rules or policies that govern interscholastic activities or the administration
of the association;
(ii) adopting or amending the association's governing document or bylaws;
(iii) enforcing the rules and policies of the association; and
(iv) adopting the association's budget; and
(b) has oversight of other boards, committees, councils, or bodies within the
association.
(7) "Interscholastic activity" means an activity within the state in which:
(a) a student that participates represents the student's school in the activity; and
(b) the participating student is enrolled in grade 9, 10, 11, or 12.
(8) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(9) "Region" means a grouping of schools of the same classification for purposes of
interscholastic activities.
Section 238. Section 
53G-7-1102
, which is renumbered from Section 53A-1-1602 is
renumbered and amended to read:
[
53A-1-1602
].
 53G-7-1102.
Public schools prohibited from membership.
(1) A public school may not be a member of or pay dues to an association that is not in
compliance on or after July 1, 2017, with:
(a) this part;
(b) Title 52, Chapter 4, Open and Public Meetings Act;
(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
(d) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
(2) Unless otherwise specified, an association's compliance with or an association
employee or officer's compliance with the provisions described in Subsection (1) does not alter:
(a) the association's public or private status; or
(b) the public or private employment status of the employee or officer.
Section 239. Section 
53G-7-1103
, which is renumbered from Section 53A-1-1603 is
renumbered and amended to read:
[
53A-1-1603
].
 53G-7-1103.
Governing body membership.
(1) (a) A governing body shall have 15 members as follows:
(i) six members who:
(A) are each an elected member of a local school board; and
(B) each represent a different classification;
(ii) (A) one school superintendent representing the two largest classifications;
(B) one school superintendent representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A);
and
(C) one school superintendent representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
(iii) (A) one school principal representing the two largest classifications;
(B) one school principal representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A);
and
(C) one school principal representing the two classifications that are next in
diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
(iv) one representative of charter schools;
(v) one representative of private schools, if private schools are members of or regulated
by the association; and
(vi) one member representing the State Board of Education.
(b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be
elected or appointed by or represent charter or private schools on the governing body.
(2) (a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected,
appointed, or otherwise selected in accordance with association rule or policy to the extent the
selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
(b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of
the State Board of Education or the chair's designee if the designee is an elected member of the
State Board of Education.
Section 240. Section 
53G-7-1104
, which is renumbered from Section 53A-1-1604 is
renumbered and amended to read:
[
53A-1-1604
].
 53G-7-1104.
Reporting requirements.
An association shall provide a verbal report, accompanied by a written report, annually
to the State Board of Education, including:
(1) the association's annual budget in accordance with Section [
53A-1-1605
]
53G-7-1105
;
(2) a schedule of events scheduled or facilitated by the association;
(3) procedures for alignment or realignment;
(4) any amendments or changes to the association's governing document or bylaws; and
(5) any other information requested by the State Board of Education.
Section 241. Section 
53G-7-1105
, which is renumbered from Section 53A-1-1605 is
renumbered and amended to read:
[
53A-1-1605
].
 53G-7-1105.
Association budgets.
(1) An association shall:
(a) adopt a budget in accordance with this section; and
(b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
be in accordance with generally accepted accounting principles or auditing standards.
(2) An association budget officer or executive director shall annually prepare a
tentative budget, with supporting documentation, to be submitted to the governing body.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) a detailed estimate of the essential expenditures for all purposes for the next
succeeding fiscal year; and
(d) the estimated financial condition of the association by funds at the close of the
current fiscal year.
(4) The tentative budget shall be filed with the governing body 15 days, or earlier,
before the date of the tentative budget's proposed adoption by the governing body.
(5) The governing body shall adopt a budget.
(6) Before the adoption or amendment of a budget, the governing body shall hold a
public hearing on the proposed budget or budget amendment.
(7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
public hearing, a governing body shall:
(i) publish a notice of the public hearing electronically in accordance with Section
63F-1-701
; and
(ii) post the proposed budget on the association's Internet website.
(b) A notice of a public hearing on an association's proposed budget shall include
information on how the public may access the proposed budget as provided in Subsection
(7)(a).
(8) No later than September 30 of each year, the governing body shall file a copy of the
adopted budget with the state auditor and the State Board of Education.
Section 242. Section 
53G-7-1106
, which is renumbered from Section 53A-1-1606 is
renumbered and amended to read:
[
53A-1-1606
].
 53G-7-1106.
Procedures for disputes -- Appeals -- Appeals
panel -- Compensation.
(1) (a) An association shall establish a uniform procedure for hearing and deciding:
(i) disputes;
(ii) allegations of violations of the association's rules or policies;
(iii) requests to establish eligibility after a student transfers schools; and
(iv) disputes related to alignment or realignment.
(b) An individual may appeal to an appeals panel established in this section an
association decision regarding a request to establish eligibility after a student transfers schools.
(2) (a) There is established an appeals panel for an association decision described in
Subsection (1)(b).
(b) The appeals panel shall consist of the following three members:
(i) a judge or attorney who is not employed by, or contracts with, a school;
(ii) a retired educator, principal, or superintendent; and
(iii) a retired athletic director or coach.
(c) A review and decision by the appeals panel is limited to whether the association
properly followed the association's rules and procedures in regard to a decision described in
Subsection (1)(b).
(d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
(ii) The appeals panel shall review an appeal and issue a written decision explaining
the appeals panel's decision no later than 10 business days after an appeal is filed.
(e) The appeals panel's decision is final.
(3) (a) The State Board of Education shall appoint the members of the appeals panel
described in Subsection (2):
(i) from the association's nominations described in Subsection (3)(b); and
(ii) in accordance with the State Board of Education's appointment process.
(b) (i) The association shall nominate up to three individuals for each position
described in Subsection (2) for the State Board of Education's consideration.
(ii) If the State Board of Education refuses to appoint members to the panel who were
nominated by the association as described in Subsection (3)(b)(i), the State Board of Education
shall request additional nominations from the association.
(iii) No later than 45 days after the association provides the nominations, the State
Board of Education shall appoint to the appeals panel an individual from the names provided
by the association.
(c) For the initial membership, the State Board of Education shall appoint two of the
positions having an initial term of three years and one position having an initial term of two
years.
(d) Except as required by Subsection (3)(e), as terms of appeals panel members expire,
the State Board of Education shall appoint each new member or reappointed member to a
two-year term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The State Board of Education shall reimburse an association for per diem and travel
expenses of members of the appeals panel.
Section 243. Section 
53G-7-1201
 is enacted to read:
Part 12. School Community Councils and Charter Trust Land Councils
 53G-7-1201.
Definitions.
Reserved
Section 244. Section 
53G-7-1202
, which is renumbered from Section 53A-1a-108 is
renumbered and amended to read:
[
53A-1a-108
].
 53G-7-1202.
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.
(b) "District school" means a public school under the control of a local school board
elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(c) "Educator" means the same as that term is defined in Section [
53A-6-103
]
53E-6-102
.
(d) (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.
(e) "School community council" means a council established at a district school in
accordance with this section.
(f) "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.
(g) "School LAND Trust Program money" means money allocated to a school pursuant
to Section [
53A-16-101.5
] 
53F-2-404
.
(2) A district school, in consultation with the district school's 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
]
53G-7-1204
;
(ii) create the School LAND Trust Program in accordance with Section [
53A-16-101.5
]
53F-2-404
;
(iii) 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
] 
53G-4-402
;
(D) safe technology utilization and digital citizenship; and
(E) other issues relating to the community environment for students;
(iv) 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
(v) 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 local school board
policy and Subsection [
53A-1-706
] 
53G-7-216
(3).
(b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
and (v), a school community council may:
(i) partner with one or more non-profit organizations; or
(ii) create a subcommittee.
(c) 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) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
student attending the school may vote in, or run as a candidate in, the election under Subsection
(5)(b)(i).
(B) If an election is held in the spring, a parent or guardian of a student who will be
attending the school the following school year may vote in, and run as a candidate in, 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) At least 10 days before the date that voting commences for the elections held
under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
and run as a candidate in, an election under this Subsection (5).
(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
]
53G-7-1203
.
(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
] 
53G-7-1202
;
(ii) Section [
53A-1a-108.1
] 
53G-7-1203
;
(iii) Section [
53A-1a-108.5
] 
53G-7-1204
; and
(iv) Section [
53A-16-101.5
] 
53F-2-404
.
Section 245. Section 
53G-7-1203
, which is renumbered from Section 53A-1a-108.1 is
renumbered and amended to read:
[
53A-1a-108.1
].
 53G-7-1203.
School community councils -- Open and public
meeting requirements.
(1) As used in this section:
(a) (i) "Charter trust land council" means a council established by a charter school
governing board under Section [
53A-16-101.5
] 
53F-2-404
.
(ii) "Charter trust land council" does not include a charter school governing board
acting as a charter trust land council.
(b) "School community council" means a council established at a school within a
school district under Section [
53A-1a-108
] 
53G-7-1202
.
(c) "Council" means a school community council or a charter trust land council.
(2) A school community council or a charter trust land council:
(a) shall conduct deliberations and take action openly as provided in this section; and
(b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
(3) (a) As required by Section [
53A-1a-108
] 
53G-7-1202
, a local school board shall
provide training for the members of a school community council on this section.
(b) A charter school governing board shall provide training for the members of a
charter trust land council on this section.
(4) (a) A meeting of a council is open to the public.
(b) A council may not close any portion of a meeting.
(5) A council shall, at least one week prior to a meeting, post the following information
on the school's website:
(a) a notice of the meeting, time, and place;
(b) an agenda for the meeting; and
(c) the minutes of the previous meeting.
(6) (a) On or before October 20, a principal shall post the following information on the
school website and in the school office:
(i) the proposed council meeting schedule for the year;
(ii) a telephone number or email address, or both, where each council member can be
reached directly; and
(iii) a summary of the annual report required under Section [
53A-16-101.5
] 
53F-2-404
on how the school's School LAND Trust Program money was used to enhance or improve
academic excellence at the school and implement a component of the school's improvement
plan.
(b) (i) A council shall identify and use methods of providing the information listed in
Subsection (6)(a) to a parent or guardian who does not have Internet access.
(ii) Money allocated to a school under the School LAND Trust Program created in
Section [
53A-16-101.5
] 
53F-2-404
 may not be used to provide information as required by
Subsection (6)(b)(i).
(7) (a) The notice requirement of Subsection (5) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a council to hold an
emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the council gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a council may not be held unless:
(i) an attempt has been made to notify all the members of the council; and
(ii) a majority of the members of the council approve the meeting.
(8) (a) An agenda required under Subsection (5)(b) shall provide reasonable specificity
to notify the public as to the topics to be considered at the meeting.
(b) Each topic described in Subsection (8)(a) shall be listed under an agenda item on
the meeting agenda.
(c) A council may not take final action on a topic in a meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (8)(b); and
(ii) included with the advance public notice required by Subsection (5).
(9) (a) Written minutes shall be kept of a council meeting.
(b) Written minutes of a council meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) a brief statement of the matters proposed, discussed, or decided;
(iv) a record, by individual member, of each vote taken;
(v) the name of each person who:
(A) is not a member of the council; and
(B) after being recognized by the chair, provided testimony or comments to the
council;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection (9)(b)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any
member requests be entered in the minutes.
(c) The written minutes of a council meeting:
(i) are a public record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(ii) shall be retained for three years.
(10) (a) As used in this Subsection (10), "rules of order and procedure" means a set of
rules that govern and prescribe in a public meeting:
(i) parliamentary order and procedure;
(ii) ethical behavior; and
(iii) civil discourse.
(b) A council shall:
(i) adopt rules of order and procedure to govern a public meeting of the council;
(ii) conduct a public meeting in accordance with the rules of order and procedure
described in Subsection (10)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (10)(b)(i) available
to the public:
(A) at each public meeting of the council; and
(B) on the school's website.
Section 246. Section 
53G-7-1204
, which is renumbered from Section 53A-1a-108.5 is
renumbered and amended to read:
[
53A-1a-108.5
].
 53G-7-1204.
School improvement plan.
(1) (a) A school community council established under Section [
53A-1a-108
]
53G-7-1202
 shall annually evaluate, with the school's principal, the school's statewide
achievement test results, reading achievement plan, class size reduction needs, and technology
needs, and use the evaluations in developing a school improvement plan to improve teaching
and learning conditions.
(b) In evaluating statewide achievement test results and developing a school
improvement plan, a school community council may not have access to data that reveal the
identity of students.
(2) A school community council shall develop a school improvement plan that:
(a) identifies the school's most critical academic needs;
(b) recommends a course of action to meet the identified needs;
(c) lists any programs, practices, materials, or equipment that the school will need to
implement its action plan to have a direct impact on the instruction of students and result in
measurable increased student performance;
(d) describes how the school intends to enhance or improve academic achievement,
including how financial resources available to the school, such as School LAND Trust Program
money received under Section [
53A-16-101.5
] 
53F-2-404
 and state and federal grants, will be
used to enhance or improve academic achievement; and
(e) if the school community council represents a school that educates students in
kindergarten, grade 1, grade 2, or grade 3, includes a reading achievement plan as described in
Section [
53A-1-606.5
] 
53E-4-306
.
(3) Although a school improvement plan focuses on the school's most critical academic
needs, the school improvement plan may include other actions to enhance or improve academic
achievement and the community environment for students.
(4) The school principal shall make available to the school community council the
school budget and other data needed to develop the school improvement plan.
(5) The school improvement plan is subject to the approval of the local school board of
the school district in which the school is located.
(6) A school community council may develop a multiyear school improvement plan,
but the multiyear school improvement plan must be presented to and approved annually by the
local school board.
(7) Each school shall:
(a) implement the school improvement plan as developed by the school community
council and approved by the local school board;
(b) provide ongoing support for the council's school improvement plan; and
(c) meet local school board reporting requirements regarding performance and
accountability.
(8) The school community council of a low performing school, as defined in Section
[
53A-1-1202
] 
53E-5-301
, shall develop a school improvement plan that is consistent with the
school turnaround plan developed by the school turnaround committee under [
Chapter 1, Part
] 
Title 53E, Chapter 5, Part 3
, School Turnaround and Leadership Development [
Act
].
Section 247. Section 
53G-8-101
 is enacted to read:
CHAPTER 8. DISCIPLINE AND SAFETY
Part 1. General Provisions
 53G-8-101.
Title.
This chapter is known as "Discipline and Safety."
Section 248. Section 
53G-8-102
 is enacted to read:
 53G-8-102.
Definitions.
Reserved
Section 249. Section 
53G-8-201
 is enacted to read:
Part 2. School Discipline and Conduct Plans
 53G-8-201.
Definitions.
Reserved
Section 250. Section 
53G-8-202
, which is renumbered from Section 53A-11-901 is
renumbered and amended to read:
[
53A-11-901
].
 53G-8-202.
Public school discipline policies -- Basis of the
policies -- Enforcement.
(1) The Legislature recognizes that every student in the public schools should have the
opportunity to learn in an environment which is safe, conducive to the learning process, and
free from unnecessary disruption.
(2) (a) To foster such an environment, each local school board or governing board of a
charter school, with input from school employees, parents and guardians of students, students,
and the community at large, shall adopt conduct and discipline policies for the public schools
in accordance with Section [
53A-11-911
] 
53G-8-211
.
(b) A district or charter school shall base its policies on the principle that every student
is expected:
(i) to follow accepted rules of conduct; and
(ii) to show respect for other people and to obey persons in authority at the school.
(c) (i) On or before September 1, 2015, the State Board of Education shall revise the
conduct and discipline policy models for elementary and secondary public schools to include
procedures for responding to reports received through the School Safety and Crisis Line under
Subsection [
53A-11-1503
] 
53E-10-502
(3).
(ii) Each district or charter school shall use the models, where appropriate, in
developing its conduct and discipline policies under this chapter.
(d) The policies shall emphasize that certain behavior, most particularly behavior
which disrupts, is unacceptable and may result in disciplinary action.
(3) The local superintendent and designated employees of the district or charter school
shall enforce the policies so that students demonstrating unacceptable behavior and their
parents or guardians understand that such behavior will not be tolerated and will be dealt with
in accordance with the district's conduct and discipline policies.
Section 251. Section 
53G-8-203
, which is renumbered from Section 53A-11-902 is
renumbered and amended to read:
[
53A-11-902
].
 53G-8-203.
Conduct and discipline policies and procedures.
(1)
 The conduct and discipline policies required under Section [
53A-11-901
]
53G-8-202
 shall include:
[
(1)
] 
(a)
 provisions governing student conduct, safety, and welfare;
[
(2)
] 
(b)
 standards and procedures for dealing with students who cause disruption in the
classroom, on school grounds, on school vehicles, or in connection with school-related
activities or events;
[
(3)
] 
(c)
 procedures for the development of remedial discipline plans for students who
cause a disruption at any of the places referred to in Subsection [
(2)
] 
(1)(b)
;
[
(4)
] 
(d)
 procedures for the use of reasonable and necessary physical restraint in
dealing with students posing a danger to themselves or others, consistent with Section
[
53A-11-802
] 
53G-8-302
;
[
(5)
] 
(e)
 standards and procedures for dealing with student conduct in locations other
than those referred to in Subsection [
(2)
] 
(1)(b)
, if the conduct threatens harm or does harm to:
[
(a)
] 
(i)
 the school;
[
(b)
] 
(ii)
 school property;
[
(c)
] 
(iii)
 a person associated with the school; or
[
(d)
] 
(iv)
 property associated with a person described in Subsection [
(5)(c)
] 
(1)(e)(iii)
;
[
(6)
] 
(f)
 procedures for the imposition of disciplinary sanctions, including suspension
and expulsion;
[
(7)
] 
(g)
 specific provisions, consistent with Section [
53A-15-603
] 
53E-3-509
, for
preventing and responding to gang-related activities in the school, on school grounds, on
school vehicles, or in connection with school-related activities or events;
[
(8)
] 
(h)
 standards and procedures for dealing with habitual disruptive or unsafe
student behavior in accordance with the provisions of this part; and
[
(9)
] 
(i)
 procedures for responding to reports received through the School Safety and
Crisis Line under Subsection [
53A-11-1503
] 
53E-10-502
(3).
(2) (a) Each local school board shall establish a policy on detaining students after
regular school hours as a part of the district-wide discipline plan required under Section
53G-8-202
.
(b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
students, grades kindergarten through six.
(ii) The board shall receive input from teachers, school administrators, and parents and
guardians of the affected students before adopting the policy.
(c) The policy described in Subsection (2)(a) shall provide for:
(i) notice to the parent or guardian of a student prior to holding the student after school
on a particular day; and
(ii) exceptions to the notice provision if detention is necessary for the student's health
or safety.
Section 252. Section 
53G-8-204
, which is renumbered from Section 53A-11-903 is
renumbered and amended to read:
[
53A-11-903
].
 53G-8-204.
Suspension and expulsion procedures -- Notice to
parents -- Distribution of policies.
(1) (a) Policies required under this part shall include written procedures for the
suspension and expulsion of, or denial of admission to, a student, consistent with due process
and other provisions of law.
(b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
public schools to notify the custodial parent and, if requested in writing by a noncustodial
parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
student.
(ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
disclose any information protected under a court order.
(iii) The custodial parent is responsible for providing to the school a certified copy of
the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
board or the governing board of a charter school.
(2) (a) Each local school board or governing board of a charter school shall provide for
the distribution of a copy of a school's discipline and conduct policy to each student upon
enrollment in the school.
(b) A copy of the policy shall be posted in a prominent location in each school.
(c) Any significant change in a school's conduct and discipline policy shall be
distributed to students in the school and posted in the school in a prominent location.
Section 253. Section 
53G-8-205
, which is renumbered from Section 53A-11-904 is
renumbered and amended to read:
[
53A-11-904
].
 53G-8-205.
Grounds for suspension or expulsion from a
public school.
(1) A student may be suspended or expelled from a public school for any of the
following reasons:
(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
behavior, including the use of foul, profane, vulgar, or abusive language;
(b) willful destruction or defacing of school property;
(c) behavior or threatened behavior which poses an immediate and significant threat to
the welfare, safety, or morals of other students or school personnel or to the operation of the
school;
(d) possession, control, or use of an alcoholic beverage as defined in Section
32B-1-102
;
(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
school or school property, to a person associated with the school, or property associated with
that person, regardless of where it occurs; or
(f) possession or use of pornographic material on school property.
(2) (a) A student shall be suspended or expelled from a public school for any of the
following reasons:
(i) any serious violation affecting another student or a staff member, or any serious
violation occurring in a school building, in or on school property, or in conjunction with any
school activity, including:
(A) the possession, control, or actual or threatened use of a real weapon, explosive, or
noxious or flammable material;
(B) the actual or threatened use of a look alike weapon with intent to intimidate another
person or to disrupt normal school activities; or
(C) the sale, control, or distribution of a drug or controlled substance as defined in
Section 
58-37-2
, an imitation controlled substance defined in Section 
58-37b-2
, or drug
paraphernalia as defined in Section 
58-37a-3
; or
(ii) the commission of an act involving the use of force or the threatened use of force
which if committed by an adult would be a felony or class A misdemeanor.
(b) A student who commits a violation of Subsection (2)(a) involving a real or look
alike weapon, explosive, or flammable material shall be expelled from school for a period of
not less than one year subject to the following:
(i) within 45 days after the expulsion the student shall appear before the student's local
school board superintendent, the superintendent's designee, chief administrative officer of a
charter school, or the chief administrative officer's designee, accompanied by a parent or legal
guardian; and
(ii) the superintendent, chief administrator, or designee shall determine:
(A) what conditions must be met by the student and the student's parent for the student
to return to school;
(B) if the student should be placed on probation in a regular or alternative school
setting consistent with Section [
53A-11-907
] 
53G-8-208
, and what conditions must be met by
the student in order to ensure the safety of students and faculty at the school the student is
placed in; and
(C) if it would be in the best interest of both the school district or charter school, and
the student, to modify the expulsion term to less than a year, conditioned on approval by the
local school board or governing board of a charter school and giving highest priority to
providing a safe school environment for all students.
(3) A student may be denied admission to a public school on the basis of having been
expelled from that or any other school during the preceding 12 months.
(4) A suspension or expulsion under this section is not subject to the age limitations
under Subsection [
53A-11-102
] 
53G-6-204
(1).
(5) Each local school board and governing board of a charter school shall prepare an
annual report for the State Board of Education on:
(a) each violation committed under this section; and
(b) each action taken by the school district against a student who committed the
violation.
Section 254. Section 
53G-8-206
, which is renumbered from Section 53A-11-905 is
renumbered and amended to read:
[
53A-11-905
].
 53G-8-206.
Delegation of authority to suspend or expel a
student -- Procedure for suspension -- Readmission.
(1) (a) A local board of education may delegate to any school principal or assistant
principal within the school district the power to suspend a student in the principal's school for
up to 10 school days.
(b) A governing board of a charter school may delegate to the chief administrative
officer of the charter school the power to suspend a student in the charter school for up to 10
school days.
(2) The board may suspend a student for up to one school year or delegate that power
to the district superintendent, the superintendent's designee, or chief administrative officer of a
charter school.
(3) The board may expel a student for a fixed or indefinite period, provided that the
expulsion shall be reviewed by the district superintendent or the superintendent's designee and
the conclusions reported to the board, at least once each year.
(4) If a student is suspended, a designated school official shall notify the parent or
guardian of the student of the following without delay:
(a) that the student has been suspended;
(b) the grounds for the suspension;
(c) the period of time for which the student is suspended; and
(d) the time and place for the parent or guardian to meet with a designated school
official to review the suspension.
(5) (a) A suspended student shall immediately leave the school building and the school
grounds following a determination by the school of the best way to transfer custody of the
student to the parent or guardian or other person authorized by the parent or applicable law to
accept custody of the student.
(b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be
readmitted to a public school until:
(i) the student and the parent or guardian have met with a designated school official to
review the suspension and agreed upon a plan to avoid recurrence of the problem; or
(ii) in the discretion of the principal or chief administrative officer of a charter school,
the parent or guardian of the suspended student and the student have agreed to participate in
such a meeting.
(c) A suspension may not extend beyond 10 school days unless the student and the
student's parent or guardian have been given a reasonable opportunity to meet with a
designated school official and respond to the allegations and proposed disciplinary action.
Section 255. Section 
53G-8-207
, which is renumbered from Section 53A-11-906 is
renumbered and amended to read:
[
53A-11-906
].
 53G-8-207.
Alternatives to suspension or expulsion.
(1) Each local school board or governing board of a charter school shall establish:
(a) policies providing that prior to suspending or expelling a student for repeated acts
of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
violent or extreme nature that immediate removal is required, good faith efforts shall be made
to implement a remedial discipline plan that would allow the student to remain in school; and
(b) alternatives to suspension, including policies that allow a student to remain in
school under an in-school suspension program or under a program allowing the parent or
guardian, with the consent of the student's teacher or teachers, to attend class with the student
for a period of time specified by a designated school official.
(2) If the parent or guardian does not agree or fails to attend class with the student, the
student shall be suspended in accordance with the conduct and discipline policies of the district
or the school.
(3) The parent or guardian of a suspended student and the designated school official
may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
other appropriate state agencies, if necessary, in dealing with the student's suspension.
(4) The state superintendent of public instruction, in cooperation with school districts
and charter schools, shall:
(a) research methods of motivating and providing incentives to students that:
(i) directly and regularly reward or recognize appropriate behavior;
(ii) impose immediate and direct consequences on students who fail to comply with
district or school standards of conduct; and
(iii) keep the students in school, or otherwise continue student learning with
appropriate supervision or accountability;
(b) explore funding resources to implement methods of motivating and providing
incentives to students that meet the criteria specified in Subsection (4)(a);
(c) evaluate the benefits and costs of methods of motivating and providing incentives
to students that meet the criteria specified in Subsection (4)(a);
(d) publish a report that incorporates the research findings, provides model plans with
suggested resource pools, and makes recommendations for local school boards and school
personnel;
(e) submit the report described in Subsection (4)(d) to the Education Interim
Committee; and
(f) maintain data for purposes of accountability, later reporting, and future analysis.
Section 256. Section 
53G-8-208
, which is renumbered from Section 53A-11-907 is
renumbered and amended to read:
[
53A-11-907
].
 53G-8-208.
Student suspended or expelled -- Responsibility
of parent or guardian -- Application for students with disabilities.
(1) If a student is suspended or expelled from a public school under this part for more
than 10 school days, the parent or guardian is responsible for undertaking an alternative
education plan which will ensure that the student's education continues during the period of
suspension or expulsion.
(2) (a) The parent or guardian shall work with designated school officials to determine
how that responsibility might best be met through private education, an alternative program
offered by or through the district or charter school, or other alternative which will reasonably
meet the educational needs of the student.
(b) The parent or guardian and designated school official may enlist the cooperation of
the Division of Child and Family Services, the juvenile court, or other appropriate state
agencies to meet the student's educational needs.
(3) Costs for educational services which are not provided by the school district or
charter school are the responsibility of the student's parent or guardian.
(4) (a) Each school district or charter school shall maintain a record of all suspended or
expelled students and a notation of the recorded suspension or expulsion shall be attached to
the individual student's transcript.
(b) The district or charter school shall contact the parent or guardian of each suspended
or expelled student under the age of 16 at least once each month to determine the student's
progress.
(5) (a) This part applies to students with disabilities to the extent permissible under
applicable law or regulation.
(b) If application of any requirement of this part to a student with a disability is not
permissible under applicable law or regulation, the responsible school authority shall
implement other actions consistent with the conflicting law or regulation which shall most
closely correspond to the requirements of this part.
Section 257. Section 
53G-8-209
, which is renumbered from Section 53A-11-908 is
renumbered and amended to read:
[
53A-11-908
].
 53G-8-209.
Extracurricular activities -- Prohibited conduct
-- Reporting of violations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may confer
important educational and lifetime benefits upon students, and encourages school districts and
charter schools to provide a variety of opportunities for all students to participate in such
activities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does
not through this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,
particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
those activities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptable
behavior in the school and community, and establishing and maintaining the reputation of the
school and the level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether as
officers or advisors, and those involved in competitive athletics and related activities, whether
students or staff, comply with all applicable laws and rules of behavior and conduct themselves
at all times in a manner befitting their positions and responsibilities.
(2) (a) The State Board of Education may, and local boards of education and governing
boards of charter schools shall, adopt rules implementing this section that apply to both
students and staff.
(b) The rules described in Subsection (2)(a) shall include prohibitions against the
following types of conduct in accordance with Section [
53A-11-911
] 
53G-8-211
, while in the
classroom, on school property, during school sponsored activities, or regardless of the location
or circumstance, affecting a person or property described in Subsections 
[
53A-11-902
 (5)(a)
through (d)
] 
53G-8-203
(1)(e)(i) through (iv)
:
(i) use of foul, abusive, or profane language while engaged in school related activities;
(ii) illicit use, possession, or distribution of controlled substances or drug
paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in
Section 
76-10-101
, tobacco, or alcoholic beverages contrary to law; and
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
behavior involving physical violence, restraint, improper touching, or inappropriate exposure
of body parts not normally exposed in public settings, forced ingestion of any substance, or any
act which would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section may
have occurred shall immediately report that belief to the school principal, district
superintendent, or chief administrative officer of a charter school.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
alleged incident, and actions taken in response, to the district superintendent or the
superintendent's designee within 10 working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under this
Subsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section [
53A-11-1004
] 
53G-8-405
 apply to
this section.
Section 258. Section 
53G-8-210
, which is renumbered from Section 53A-11-910 is
renumbered and amended to read:
[
53A-11-910
].
 53G-8-210.
Disruptive student behavior.
(1) As used in this section:
(a) "Disruptive student behavior" includes:
(i) the grounds for suspension or expulsion described in Section [
53A-11-904
]
53G-8-205
; and
(ii) the conduct described in Subsection [
53A-11-908
] 
53G-8-209
(2)(b).
(b) "Parent" includes:
(i) a custodial parent of a school-age minor;
(ii) a legally appointed guardian of a school-age minor; or
(iii) any other person purporting to exercise any authority over the minor which could
be exercised by a person described in Subsection (1)(b)(i) or (ii).
(c) "Qualifying minor" means a school-age minor who:
(i) is at least nine years old; or
(ii) turns nine years old at any time during the school year.
(d) "School year" means the period of time designated by a local school board or local
charter board as the school year for the school where the school-age minor is enrolled.
(2) A local school board, school district, governing board of a charter school, or charter
school may impose administrative penalties in accordance with Section [
53A-11-911
]
53G-8-211
 on a school-age minor who violates this part.
(3) (a) A local school board or governing board of a charter school shall:
(i) authorize a school administrator or a designee of a school administrator to issue
notices of disruptive student behavior to qualifying minors; and
(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
contest a notice of disruptive student behavior.
(b) A school representative shall provide to a parent of a school-age minor, a list of
resources available to assist the parent in resolving the school-age minor's disruptive student
behavior problem.
(c) A local school board or governing board of a charter school shall establish
procedures for a school counselor or other designated school representative to work with a
qualifying minor who engages in disruptive student behavior in order to attempt to resolve the
minor's disruptive student behavior problems.
(4) The notice of disruptive student behavior described in Subsection (3)(a):
(a) shall be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, three times during the school year; or
(ii) engages in disruptive student behavior, that results in suspension or expulsion, once
during the school year;
(b) shall require that the qualifying minor and a parent of the qualifying minor:
(i) meet with school authorities to discuss the qualifying minor's disruptive student
behavior; and
(ii) cooperate with the local school board or governing board of a charter school in
correcting the school-age minor's disruptive student behavior; and
(c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
(5) A habitual disruptive student behavior notice:
(a) may only be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least six times during the school year;
(ii) (A) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least three times during the school year; and
(B) engages in disruptive student behavior, that results in suspension or expulsion, at
least once during the school year; or
(iii) engages in disruptive student behavior, that results in suspension or expulsion, at
least twice during the school year; and
(b) may only be issued by a school administrator, a designee of a school administrator,
or a truancy specialist, who is authorized by a local school board or governing board of a local
charter school to issue a habitual disruptive student behavior notice.
(6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
issued under Subsection (5) may not be referred to the juvenile court.
(b) Within five days after the day on which a habitual disruptive student behavior
notice is issued, a representative of the school district or charter school shall provide
documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
by a school counselor or representative under Subsection (3)(c).
Section 259. Section 
53G-8-211
, which is renumbered from Section 53A-11-911 is
renumbered and amended to read:
[
53A-11-911
].
 53G-8-211.
Responses to school-based behavior.
(1) As used in this section:
(a) "Class A misdemeanor person offense" means a class A misdemeanor described in
Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 5b, Sexual Exploitation
Act.
(b) "Mobile crisis outreach team" means the same as that term is defined in Section
78A-6-105
.
(c) "Nonperson class A misdemeanor" means a class A misdemeanor that is not a class
A misdemeanor person offense.
(d) "Restorative justice program" means a school-based program that is designed to
enhance school safety, reduce school suspensions, and limit referrals to court, and is designed
to help minors take responsibility for and repair the harm of behavior that occurs in school.
(2) This section applies to a minor enrolled in school who is alleged to have committed
an offense:
(a) on school property; or
(b) that is truancy.
(3) If the alleged offense is a class C misdemeanor, an infraction, a status offense on
school property, or truancy, the minor may not be referred to law enforcement or court but may
be referred to alternative school-related interventions, including:
(a) a mobile crisis outreach team, as defined in Section 
78A-6-105
;
(b) a receiving center operated by the Division of Juvenile Justice Services in
accordance with Section 
62A-7-104
; and
(c) a youth court or comparable restorative justice program.
(4) If the alleged offense is a class B misdemeanor or a nonperson class A
misdemeanor, the minor may be referred directly to the juvenile court by the school
administrator or the school administrator's designee, or the minor may be referred to the
alternative interventions in Subsection (3).
Section 260. Section 
53G-8-212
, which is renumbered from Section 53A-11-806 is
renumbered and amended to read:
[
53A-11-806
].
 53G-8-212.
Defacing or damaging school property --
Student's liability -- Work program alternative.
(1) A student who willfully defaces or otherwise damages any school property may be
suspended or otherwise disciplined.
(2) (a) If a school's property has been lost or willfully cut, defaced, or otherwise
damaged, the school may withhold the issuance of an official written grade report, diploma, or
transcript of the student responsible for the damage or loss until the student or the student's
parent or guardian has paid for the damages.
(b) The student's parent or guardian is liable for damages as otherwise provided in
Section 
78A-6-1113
.
(3) (a) If the student and the student's parent or guardian are unable to pay for the
damages or if it is determined by the school in consultation with the student's parent or
guardian that the student's interests would not be served if the parent or guardian were to pay
for the damages, the school shall provide for a program of work the student may complete in
lieu of the payment.
(b) The school shall release the official grades, diploma, and transcripts of the student
upon completion of the work.
(4) Before any penalties are assessed under this section, the school shall adopt
procedures to ensure that the student's right to due process is protected.
(5) No penalty may be assessed for damages which may be reasonably attributed to
normal wear and tear.
(6) If the Department of Human Services or a licensed child-placing agency has been
granted custody of the student, the student's records, if requested by the department or agency,
may not be withheld from the department or agency for nonpayment of damages under this
section.
Section 261. Section 
53G-8-301
, which is renumbered from Section 53A-11-801 is
renumbered and amended to read:
Part 3. Physical Restraint of Students
[
53A-11-801
].
 53G-8-301.
Definitions.
As used in this part:
(1) "Corporal punishment" means the intentional infliction of physical pain upon the
body of a student as a disciplinary measure.
(2) "Physical escort" means a temporary touching or holding of the hand, wrist, arm,
shoulder, or back for the purpose of guiding a student to another location.
(3) "Physical restraint" means a personal restriction that immobilizes or significantly
reduces the ability of a student to move the student's arms, legs, body, or head freely.
(4) "School" means a public or private elementary school, secondary school, or
preschool.
(5) "Student" means an individual who is:
(a) under the age of 19 and receiving educational services; or
(b) under the age of 23 and receiving educational services as an individual with a
disability.
Section 262. Section 
53G-8-302
, which is renumbered from Section 53A-11-802 is
renumbered and amended to read:
[
53A-11-802
].
 53G-8-302.
Prohibition of corporal punishment -- Use of
reasonable and necessary physical restraint.
(1) A school employee may not inflict or cause the infliction of corporal punishment
upon a student.
(2) A school employee may use reasonable and necessary physical restraint in self
defense or when otherwise appropriate to the circumstances to:
(a) obtain possession of a weapon or other dangerous object in the possession or under
the control of a student;
(b) protect a student or another individual from physical injury;
(c) remove from a situation a student who is violent; or
(d) protect property from being damaged, when physical safety is at risk.
(3) Nothing in this section prohibits a school employee from using less intrusive
means, including a physical escort, to address circumstances described in Subsection (2).
(4) (a) Any rule, ordinance, policy, practice, or directive which purports to direct or
permit the commission of an act prohibited by this part is void and unenforceable.
(b) An employee may not be subjected to any sanction for failure or refusal to commit
an act prohibited under this part.
(5) A parochial or private school that does not receive state funds to provide for the
education of a student may exempt itself from the provisions of this section by adopting a
policy to that effect and notifying the parents or guardians of students in the school of the
exemption.
(6) This section does not apply to a law enforcement officer as defined in Section
53-13-103
.
Section 263. Section 
53G-8-303
, which is renumbered from Section 53A-11-803 is
renumbered and amended to read:
[
53A-11-803
].
 53G-8-303.
Investigation of complaint -- Confidentiality --
Immunity.
(1) (a) The reporting and investigation requirements of Title 62A, Chapter 4a, Part 4,
Child Abuse or Neglect Reporting Requirements, apply to complaints on corporal punishment.
(b) If a violation is confirmed, school authorities shall take prompt and appropriate
action, including in-service training and other administrative action, to ensure against a
repetition of the violation.
(2) Reports made on violations of this part are subject to the same requirements of
confidentiality as provided under Section 
62A-4a-412
.
(3) Any school or individual who in good faith makes a report or cooperates in an
investigation by a school or authorized public agency concerning a violation of this part is
immune from any civil or criminal liability that might otherwise result by reason of those
actions.
Section 264. Section 
53G-8-304
, which is renumbered from Section 53A-11-804 is
renumbered and amended to read:
[
53A-11-804
].
 53G-8-304.
Liability.
(1) (a) Corporal punishment which would, but for this part, be considered to be
reasonable discipline of a minor under Section 
76-2-401
 may not be used as a basis for any
civil or criminal action.
(b) A court of competent jurisdiction may take appropriate action against any
employing entity if the court finds that the employing entity has not taken reasonable steps to
enforce the provisions of this part.
(2) Civil or criminal action may proceed without hindrance in the case of corporal
punishment which would not be reasonable discipline under Sections 
53G-8-305
 and
76-2-401
[
and 
53A-11-805
].
Section 265. Section 
53G-8-305
, which is renumbered from Section 53A-11-805 is
renumbered and amended to read:
[
53A-11-805
].
 53G-8-305.
Exception.
Behavior reduction intervention which is in compliance with Section 
76-2-401
 and with
state and local rules adopted under Section [
53A-15-301
] 
53E-7-202
 is excepted from this part.
Section 266. Section 
53G-8-401
 is enacted to read:
Part 4. Juvenile Court and Law Enforcement Notification to Public Schools
 53G-8-401.
Definitions.
Reserved
Section 267. Section 
53G-8-402
, which is renumbered from Section 53A-11-1001 is
renumbered and amended to read:
[
53A-11-1001
].
 53G-8-402.
Notification by juvenile court and law
enforcement agencies.
(1) Notifications received from the juvenile court or law enforcement agencies by the
school district pursuant to Subsections 
78A-6-112
(3)(b) and 
78A-6-117
(1)(b) are governed by
this part.
(2) School districts may enter into agreements with law enforcement agencies for
notification under Subsection (1).
Section 268. Section 
53G-8-403
, which is renumbered from Section 53A-11-1002 is
renumbered and amended to read:
[
53A-11-1002
].
 53G-8-403.
Superintendent required to notify school.
(1) Within three days of receiving the information from the juvenile court or a law
enforcement agency, the district superintendent shall notify the principal of the school the
juvenile attends or last attended.
(2) Upon receipt of the information, the principal shall:
(a) make a notation in a secure file other than the student's permanent file; and
(b) if the student is still enrolled in the school, notify staff members who, in his
opinion, should know of the adjudication.
(3) A person receiving information pursuant to this part may only disclose the
information to other persons having both a right and a current need to know.
(4) Access to secure files shall be limited to persons authorized to receive information
under this part.
Section 269. Section 
53G-8-404
, which is renumbered from Section 53A-11-1003 is
renumbered and amended to read:
[
53A-11-1003
].
 53G-8-404.
Board to set procedures.
The State Board of Education shall make rules governing the dissemination of the
information.
Section 270. Section 
53G-8-405
, which is renumbered from Section 53A-11-1004 is
renumbered and amended to read:
[
53A-11-1004
].
 53G-8-405.
Liability for release of information.
(1) The district superintendent, principal, and any staff member notified by the
principal may not be held liable for information which may become public knowledge unless it
can be shown by clear and convincing evidence that the information became public knowledge
through an intentional act of the superintendent, principal, or a staff member.
(2) A person receiving information under Subsection 
78A-6-112
(3)(b)[
,
] 
or
78A-6-117
(1)(b), or Section [
53A-11-1002
] 
53G-8-403
 is immune from any liability, civil or
criminal, for acting or failing to act in response to the information unless the person acts or
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
Section 271. Section 
53G-8-501
, which is renumbered from Section 53A-11-401 is
renumbered and amended to read:
Part 5. Substance Abuse Reporting and Weapons Notification
[
53A-11-401
].
 53G-8-501.
Definitions.
For purposes of Sections [
53A-11-402
] 
53G-8-502
 through [
53A-11-404
] 
53G-8-504
:
(1) "Educator" means a person employed by a public school, but excludes those
employed by institutions of higher education.
(2) "Prohibited act" means an act prohibited by Section [
53A-3-501
] 
53G-8-602
,
relating to alcohol; Section 
58-37-8
, relating to controlled substances; or Section 
58-37a-5
,
relating to drug paraphernalia.
Section 272. Section 
53G-8-502
, which is renumbered from Section 53A-11-402 is
renumbered and amended to read:
[
53A-11-402
].
 53G-8-502.
Mandatory reporting of prohibited acts.
If an educator has reasonable cause to believe that a student at the public school where
the educator is employed has committed a prohibited act, he shall immediately report that to
the school's designated educator.
Section 273. Section 
53G-8-503
, which is renumbered from Section 53A-11-403 is
renumbered and amended to read:
[
53A-11-403
].
 53G-8-503.
Reporting procedure.
(1) The principal of a public school affected by this chapter shall appoint one educator
as the "designated educator" to make all reports required under Sections [
53A-11-401
]
53G-8-501
 through [
53A-11-404
] 
53G-8-504
.
(2) The designated educator, upon receiving a report of a prohibited act from an
educator under Section [
53A-11-402
] 
53G-8-502
, shall immediately report the violation to the
student's parent or legal guardian, and may report the violation to an appropriate law
enforcement agency or official, in accordance with Section [
53A-11-911
] 
53G-8-211
.
(3) The designated educator may not disclose to the student or to the student's parent or
legal guardian the identity of the educator who made the initial report.
Section 274. Section 
53G-8-504
, which is renumbered from Section 53A-11-404 is
renumbered and amended to read:
[
53A-11-404
].
 53G-8-504.
Immunity from civil or criminal liability.
An educator who in good faith makes a report under Sections [
53A-11-402
] 
53G-8-502
and [
53A-11-403
] 
53G-8-503
 is immune from any liability, civil or criminal, that might
otherwise result from that action.
Section 275. Section 
53G-8-505
, which is renumbered from Section 53A-11-1301 is
renumbered and amended to read:
[
53A-11-1301
].
 53G-8-505.
Definitions.
For purposes of Sections 
53G-8-506
 through 
53G-8-509
:
(1) The definitions in Sections 
58-37-2
, 
58-37a-3
, and 
58-37b-2
 apply [
to this part
] 
to
Sections 
53G-8-506
 through 
53G-8-509
.
[
(2) As used in this part:
]
[
(a)
] 
(2)
 "Prohibited act" means an act punishable under Section [
53A-3-501
]
53G-8-602
, Section 
58-37-8
, Section 
58-37a-5
, or Title 58, Chapter 37b, Imitation Controlled
Substances Act.
[
(b)
] 
(3)
 "School" means a public or private elementary or secondary school.
Section 276. Section 
53G-8-506
, which is renumbered from Section 53A-11-1302 is
renumbered and amended to read:
[
53A-11-1302
].
 53G-8-506.
Reporting of prohibited acts affecting a school --
Confidentiality.
(1) A person who has reasonable cause to believe that an individual has committed a
prohibited act shall, in accordance with Section [
53A-11-911
] 
53G-8-211
, immediately notify:
(a) the principal;
(b) an administrator of the affected school;
(c) the superintendent of the affected school district; or
(d) an administrator of the affected school district.
(2) If notice is given to a school official, the official may authorize an investigation
into allegations involving school property, students, or school district employees.
(3) A school official may only refer a complaint of an alleged prohibited act reported as
occurring on school grounds or in connection with school-sponsored activities to an
appropriate law enforcement agency in accordance with Section [
53A-11-911
] 
53G-8-211
.
(4) The identity of persons making reports pursuant to this section shall be kept
confidential.
Section 277. Section 
53G-8-507
, which is renumbered from Section 53A-11-1303 is
renumbered and amended to read:
[
53A-11-1303
].
 53G-8-507.
Immunity from civil or criminal liability.
Any person, official, or institution, other than a law enforcement officer or law
enforcement agency, participating in good faith in making a report or conducting an
investigation under the direction of school or law enforcement authorities under [
this part
]
Section 
53G-8-505
, 
53G-8-506
, 
53G-8-508
, or 
53G-8-509
, is immune from any liability, civil
or criminal, that otherwise might result by reason of that action.
Section 278. Section 
53G-8-508
, which is renumbered from Section 53A-11-1304 is
renumbered and amended to read:
[
53A-11-1304
].
 53G-8-508.
Admissibility of evidence in civil and criminal
actions.
(1) Evidence relating to [
violations of this part
] 
a violation of Section 
53G-8-505
,
53G-8-506
, 
53G-8-509
, or 
53G-9-507
,
 which is seized by school authorities acting alone, on
their own authority, and not in conjunction with or at the behest of law enforcement authorities
is admissible in civil and criminal actions.
(2) A search under this section must be based on at least a reasonable belief that the
search will turn up evidence of a violation of this part. The measures adopted for the search
must be reasonably related to the objectives of the search and not excessively intrusive in light
of the circumstances, including the age and sex of the person involved and the nature of the
infraction.
Section 279. Section 
53G-8-509
, which is renumbered from Section 53A-11-1305 is
renumbered and amended to read:
[
53A-11-1305
].
 53G-8-509.
Board rules to ensure protection of individual
rights.
The State Board of Education and local boards of education shall adopt rules to
implement [
this part
] 
Sections 
53G-8-505
 through 
53G-8-508
. The rules shall establish
procedures to ensure protection of individual rights against excessive and unreasonable
intrusion.
Section 280. Section 
53G-8-510
, which is renumbered from Section 53A-11-1101 is
renumbered and amended to read:
[
53A-11-1101
].
 53G-8-510.
Notification of teachers of weapons on school
property -- Immunity from civil and criminal liability.
(1) Whenever a student is found on school property during school hours or at a
school-sponsored activity in possession of a dangerous weapon and that information is reported
to or known by the principal, the principal shall notify law enforcement personnel and school
or district personnel who, in the opinion of the principal, should be informed.
(2) A person who in good faith reports information under Subsection (1) and any
person who receives the information is immune from any liability, civil or criminal, that might
otherwise result from the reporting or receipt of the information.
Section 281. Section 
53G-8-601
 is enacted to read:
Part 6. Criminal Offenses and Traffic Ordinances
 53G-8-601.
Definitions.
Reserved
Section 282. Section 
53G-8-602
, which is renumbered from Section 53A-3-501 is
renumbered and amended to read:
[
53A-3-501
].
 53G-8-602.
Possession or consumption of alcoholic beverages
at school or school-sponsored activities -- Penalty.
(1) Except as approved by a local school board as part of the curriculum, a person may
not possess or drink an alcoholic beverage:
(a) inside or on the grounds of any building owned or operated by a part of the public
education system; or
(b) in those portions of any building, park, or stadium which are being used for an
activity sponsored by or through any part of the public education system.
(2) (a) Subsection (1)(a) does not apply to property owned by a school district in
contemplation of future use for school purposes while the property is under lease to another
party.
(b) (i) For purposes of Subsection (2)(a), a lease must be full time for a period of not
less than two years.
(ii) The property may not be used for school purposes at any time during the lease
period.
(3) Violation of this section is a class B misdemeanor.
Section 283. Section 
53G-8-603
, which is renumbered from Section 53A-3-503 is
renumbered and amended to read:
[
53A-3-503
].
 53G-8-603.
Criminal trespass upon school property --
Penalty.
(1) A person is guilty of criminal trespass upon school property if the person does the
following:
(a) enters or remains unlawfully upon school property, and:
(i) intends to cause annoyance or injury to a person or damage to property on the
school property;
(ii) intends to commit a crime; or
(iii) is reckless as to whether the person's presence will cause fear for the safety of
another; or
(b) enters or remains without authorization upon school property if notice against entry
or remaining has been given by:
(i) personal communication to the person by a school official or an individual with
apparent authority to act for a school official;
(ii) the posting of signs reasonably likely to come to the attention of trespassers;
(iii) fencing or other enclosure obviously designed to exclude trespassers; or
(iv) a current order of suspension or expulsion.
(2) As used in this section:
(a) "Enter" means intrusion of the entire body.
(b) "School official" means a public or private school administrator or person in charge
of a school program or activity.
(c) "School property" means real property owned or occupied by a public or private
school, including real property temporarily occupied for a school activity or program.
(3) Violation of this section is a class B misdemeanor.
Section 284. Section 
53G-8-604
, which is renumbered from Section 53A-3-504 is
renumbered and amended to read:
[
53A-3-504
].
 53G-8-604.
Traffic ordinances on school property --
Enforcement.
(1) A local political subdivision in which real property is located that belongs to, or is
controlled by, the State Board of Education, a local board of education, an area vocational
center, or the Schools for the Deaf and the Blind may, at the request of the responsible board of
education or institutional council, adopt ordinances for the control of vehicular traffic on that
property.
(2) A law enforcement officer whose jurisdiction includes the property in question may
enforce an ordinance adopted under Subsection (1).
Section 285. Section 
53G-8-701
, which is renumbered from Section 53A-11-1602 is
renumbered and amended to read:
Part 7. School Resource Officers
[
53A-11-1602
].
 53G-8-701.
Definitions.
As used in this section:
(1) "Governing authority" means:
(a) for a school district, the local school board;
(b) for a charter school, the governing board; or
(c) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
(2) "Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(3) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(4) "School resource officer" or "SRO" means a law enforcement officer, as defined in
Section 
53-13-103
, who contracts with or whose law enforcement agency contracts with an
LEA to provide law enforcement services for the LEA.
Section 286. Section 
53G-8-702
, which is renumbered from Section 53A-11-1603 is
renumbered and amended to read:
[
53A-11-1603
].
 53G-8-702.
School resource officer training -- Curriculum.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules that prepare and make available a training program
for school principals and school resource officers to attend.
(2) To create the curriculum and materials for the training program described in
Subsection (1), the State Board of Education shall:
(a) work in conjunction with the State Commission on Criminal and Juvenile Justice
created in Section 
63M-7-201
;
(b) solicit input from local school boards, charter school governing boards, and the
Utah Schools for the Deaf and the Blind;
(c) solicit input from local law enforcement and other interested community
stakeholders; and
(d) consider the current United States Department of Education recommendations on
school discipline and the role of a school resource officer.
(3) The training program described in Subsection (1) may include training on the
following:
(a) childhood and adolescent development;
(b) responding age-appropriately to students;
(c) working with disabled students;
(d) techniques to de-escalate and resolve conflict;
(e) cultural awareness;
(f) restorative justice practices;
(g) identifying a student exposed to violence or trauma and referring the student to
appropriate resources;
(h) student privacy rights;
(i) negative consequences associated with youth involvement in the juvenile and
criminal justice systems;
(j) strategies to reduce juvenile justice involvement; and
(k) roles of and distinctions between a school resource officer and other school staff
who help keep a school secure.
Section 287. Section 
53G-8-703
, which is renumbered from Section 53A-11-1604 is
renumbered and amended to read:
[
53A-11-1604
].
 53G-8-703.
Contracts between an LEA and law enforcement
for school resource officer services -- Requirements.
(1) An LEA may contract with a law enforcement agency or an individual to provide
school resource officer services at the LEA if the LEA's governing authority reviews and
approves the contract.
(2) If an LEA contracts with a law enforcement agency or an individual to provide
SRO services at the LEA, the LEA's governing authority shall require in the contract:
(a) an acknowledgment by the law enforcement agency or the individual that an SRO
hired under the contract shall:
(i) provide for and maintain a safe, healthy, and productive learning environment in a
school;
(ii) act as a positive role model to students;
(iii) work to create a cooperative, proactive, and problem-solving partnership between
law enforcement and the LEA;
(iv) emphasize the use of restorative approaches to address negative behavior; and
(v) at the request of the LEA, teach a vocational law enforcement class;
(b) a description of the shared understanding of the LEA and the law enforcement
agency or individual regarding the roles and responsibilities of law enforcement and the LEA
to:
(i) maintain safe schools;
(ii) improve school climate; and
(iii) support educational opportunities for students;
(c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
including an offense that:
(i) is a minor violation of the law; and
(ii) would not violate the law if the offense was committed by an adult;
(d) a designation of student offenses that are administrative issues that an SRO shall
refer to a school administrator for resolution in accordance with Section [
53A-11-911
]
53G-8-211
;
(e) a detailed description of the rights of a student under state and federal law with
regard to:
(i) searches;
(ii) questioning; and
(iii) information privacy;
(f) a detailed description of:
(i) job duties;
(ii) training requirements; and
(iii) other expectations of the SRO and school administration in relation to law
enforcement at the LEA;
(g) that an SRO who is hired under the contract and the principal at the school where
an SRO will be working, or the principal's designee, will jointly complete the SRO training
described in Section [
53A-11-1603
] 
53G-8-702
; and
(h) if the contract is between an LEA and a law enforcement agency, that:
(i) both parties agree to jointly discuss SRO applicants; and
(ii) the law enforcement agency will accept feedback from an LEA about an SRO's
performance.
Section 288. Section 
53G-9-101
 is enacted to read:
CHAPTER 9. HEALTH AND WELFARE
Part 1. General Provisions
 53G-9-101.
Title.
This chapter is known as "Health and Welfare."
Section 289. Section 
53G-9-102
 is enacted to read:
 53G-9-102.
Definitions.
Reserved
Section 290. Section 
53G-9-201
 is enacted to read:
Part 2. Miscellaneous Requirements
 53G-9-201.
Definitions.
Reserved
Section 291. Section 
53G-9-202
, which is renumbered from Section 53A-11-205 is
renumbered and amended to read:
[
53A-11-205
].
 53G-9-202.
Notification to the parent of an injured or sick
child.
(1) A public school shall notify the custodial parent and, if requested in writing by a
noncustodial parent, make reasonable efforts to notify the noncustodial parent of a student who
is injured or becomes ill at the school during the regular school day if:
(a) the injury or illness requires treatment at a hospital, doctor's office, or other medical
facility not located on the school premises; and
(b) the school has received a current telephone number for the party it is required to
notify or make reasonable efforts to notify.
(2) (a) Subsection (1) does not apply to a noncustodial parent forbidden to have contact
with the student under a court order or similar procedure.
(b) The custodial parent is responsible for providing the school with the noncustodial
parent's status under Subsection (2)(a) through a procedure adopted by the local school board.
Section 292. Section 
53G-9-203
, which is renumbered from Section 53A-11-605 is
renumbered and amended to read:
[
53A-11-605
].
 53G-9-203.
Definitions -- School personnel -- Medical
recommendations -- Exceptions -- Penalties.
(1) As used in this section:
(a) "Health care professional" means a physician, physician assistant, nurse, dentist, or
mental health therapist.
(b) "School personnel" means a school district or charter school employee, including a
licensed, part-time, contract, or nonlicensed employee.
(2) School personnel may:
(a) provide information and observations to a student's parent or guardian about that
student, including observations and concerns in the following areas:
(i) progress;
(ii) health and wellness;
(iii) social interactions;
(iv) behavior; or
(v) topics consistent with Subsection [
53A-13-302
] 
53E-9-203
(6);
(b) communicate information and observations between school personnel regarding a
child;
(c) refer students to other appropriate school personnel and agents, consistent with
local school board or charter school policy, including referrals and communication with a
school counselor or other mental health professionals working within the school system;
(d) consult or use appropriate health care professionals in the event of an emergency
while the student is at school, consistent with the student emergency information provided at
student enrollment;
(e) exercise their authority relating to the placement within the school or readmission
of a child who may be or has been suspended or expelled for a violation of Section
[
53A-11-904
] 
53G-8-205
; and
(f) complete a behavioral health evaluation form if requested by a student's parent or
guardian to provide information to a licensed physician.
(3) School personnel shall:
(a) report suspected child abuse consistent with Section 
62A-4a-403
;
(b) comply with applicable state and local health department laws, rules, and policies;
and
(c) conduct evaluations and assessments consistent with the Individuals with
Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent amendments.
(4) Except as provided in Subsection (2), Subsection (6), and Section [
53A-11a-203
]
53G-9-604
, school personnel may not:
(a) recommend to a parent or guardian that a child take or continue to take a
psychotropic medication;
(b) require that a student take or continue to take a psychotropic medication as a
condition for attending school;
(c) recommend that a parent or guardian seek or use a type of psychiatric or
psychological treatment for a child;
(d) conduct a psychiatric or behavioral health evaluation or mental health screening,
test, evaluation, or assessment of a child, except where this Subsection (4)(d) conflicts with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., and its subsequent
amendments; or
(e) make a child abuse or neglect report to authorities, including the Division of Child
and Family Services, solely or primarily on the basis that a parent or guardian refuses to
consent to:
(i) a psychiatric, psychological, or behavioral treatment for a child, including the
administration of a psychotropic medication to a child; or
(ii) a psychiatric or behavioral health evaluation of a child.
(5) Notwithstanding Subsection (4)(e), school personnel may make a report that would
otherwise be prohibited under Subsection (4)(e) if failure to take the action described under
Subsection (4)(e) would present a serious, imminent risk to the child's safety or the safety of
others.
(6) Notwithstanding Subsection (4), a school counselor or other mental health
professional acting in accordance with Title 58, Chapter 60, Mental Health Professional
Practice Act, or licensed through the State Board of Education, working within the school
system may:
(a) recommend, but not require, a psychiatric or behavioral health evaluation of a child;
(b) recommend, but not require, psychiatric, psychological, or behavioral treatment for
a child;
(c) conduct a psychiatric or behavioral health evaluation or mental health screening,
test, evaluation, or assessment of a child in accordance with Section [
53A-13-302
] 
53E-9-203
;
and
(d) provide to a parent or guardian, upon the specific request of the parent or guardian,
a list of three or more health care professionals or providers, including licensed physicians,
psychologists, or other health specialists.
(7) Local school boards or charter schools shall adopt a policy:
(a) providing for training of appropriate school personnel on the provisions of this
section; and
(b) indicating that an intentional violation of this section is cause for disciplinary action
consistent with local school board or charter school policy and under Section [
53A-8a-502
]
53G-11-513
.
(8) Nothing in this section shall be interpreted as discouraging general communication
not prohibited by this section between school personnel and a student's parent or guardian.
Section 293. Section 
53G-9-204
, which is renumbered from Section 53A-11-204 is
renumbered and amended to read:
[
53A-11-204
].
 53G-9-204.
Nursing services in the public schools --
Collaborative efforts.
(1) (a) Students in the state's public schools may be better protected against risks to
health and safety if schools were to have registered nurses readily available to assist in
providing educational and nursing services in the public schools.
(b) Those services would be further enhanced if they could be offered with the active
support and participation of local public health departments and private medical providers,
most particularly in those areas of the state without currently functioning collaborative
programs.
(c) (i) School districts, local health departments, private medical providers, and parents
of students are therefore encouraged to work together in determining needs and risks to student
health in the state's public schools and in developing and implementing plans to meet those
needs and minimize risks to students.
(ii) School community councils or school directors of affected schools shall review the
plans prior to their implementation.
(2) School districts are encouraged to provide nursing services equivalent to the
services of one registered nurse for every 5,000 students or, in districts with fewer than 5,000
students, the level of services recommended by the Department of Health.
Section 294. Section 
53G-9-205
, which is renumbered from Section 53A-19-301 is
renumbered and amended to read:
[
53A-19-301
].
 53G-9-205.
School Breakfast Program -- Review of
nonparticipants.
(1) (a) Each local school board shall, at least once every three years, review each
elementary school in its district that does not participate in the School Breakfast Program as to
the school's reasons for nonparticipation.
(b) (i) If the school board determines that there are valid reasons for the school's
nonparticipation, no further action is needed.
(ii) Reasons for nonparticipation may include a recommendation from the school
community council authorized under Section [
53A-1a-108
] 
53G-7-1202
 or a similar group of
parents and school employees that the school should not participate in the program.
(2) (a) After two nonparticipation reviews, a local school board may, by majority vote,
waive any further reviews of the nonparticipatory school.
(b) A waiver of the review process under Subsection (2)(a) does not prohibit
subsequent consideration by the local school board of an individual school's nonparticipation in
the School Breakfast Program.
(3) The requirements of this section shall be nullified by the termination of the
entitlement status of the School Breakfast Program by the federal government.
Section 295. Section 
53G-9-206
, which is renumbered from Section 53A-13-103 is
renumbered and amended to read:
[
53A-13-103
].
 53G-9-206.
Eye protective devices for industrial education,
physics laboratory, and chemistry laboratory activities.
(1) Any individual who participates in any of the following activities in public or
private schools that may endanger his vision shall wear quality eye protective devices:
(a) industrial education activities that involve:
(i) hot molten metals;
(ii) the operation of equipment that could throw particles of foreign matter into the
eyes;
(iii) heat treating, tempering, or kiln firing of any industrial materials;
(iv) gas or electric arc welding; or
(v) caustic or explosive material;
(b) chemistry or physics laboratories when using caustic or explosive chemicals, and
hot liquids and solids.
(2) "Quality eye protective devices" means devices that meet the standards of the
American Safety Code for Head, Eye, and Respiratory Protection, Z2.1-1959, promulgated by
the American Standards Association, Inc.
(3) (a) The local school board shall furnish these protective devices to individuals
involved in these activities.
(b) The board may sell these protective devices at cost or rent or loan them to
individuals involved in these activities.
Section 296. Section 
53G-9-207
, which is renumbered from Section 53A-13-112 is
renumbered and amended to read:
[
53A-13-112
].
 53G-9-207.
Child sexual abuse prevention.
(1) As used in this section, "school personnel" is as defined in Section [
53A-11-605
]
53G-9-203
.
(2) On or before July 1, 2015, the State Board of Education shall approve, in
partnership with the Department of Human Services, age-appropriate instructional materials for
the training and instruction described in Subsections (3)(a) and (4).
(3) (a) Beginning in the 2016-17 school year, a school district or charter school shall
provide training and instruction on child sexual abuse prevention and awareness to:
(i) school personnel in elementary and secondary schools on:
(A) responding to a disclosure of child sexual abuse in a supportive, appropriate
manner; and
(B) the mandatory reporting requirements described in Sections [
53A-6-502
]
53E-6-701
 and 
62A-4a-403
; and
(ii) parents or guardians of elementary school students on:
(A) recognizing warning signs of a child who is being sexually abused; and
(B) effective, age-appropriate methods for discussing the topic of child sexual abuse
with a child.
(b) A school district or charter school shall use the instructional materials approved by
the State Board of Education under Subsection (2) to provide the training and instruction to
school personnel and parents or guardians under Subsection (3)(a).
(4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school
may provide instruction on child sexual abuse prevention and awareness to elementary school
students using age-appropriate curriculum.
(b) Beginning in the 2016-17 school year, a school district or charter school that
provides the instruction described in Subsection (4)(a) shall use the instructional materials
approved by the board under Subsection (2) to provide the instruction.
(5) (a) An elementary school student may not be given the instruction described in
Subsection (4) unless the parent or guardian of the student is:
(i) notified in advance of the:
(A) instruction and the content of the instruction; and
(B) parent or guardian's right to have the student excused from the instruction;
(ii) given an opportunity to review the instructional materials before the instruction
occurs; and
(iii) allowed to be present when the instruction is delivered.
(b) Upon the written request of the parent or guardian of an elementary school student,
the student shall be excused from the instruction described in Subsection (4).
(c) Participation of a student requires compliance with Sections [
53A-13-301
]
53E-9-202
 and [
53A-13-302
] 
53E-9-203
.
(6) A school district or charter school may determine the mode of delivery for the
training and instruction described in Subsections (3) and (4).
(7) (a) The State Board of Education shall report to the Education Interim Committee
on the progress of the provisions of this section by the committee's November 2017 meeting.
(b) Upon request of the State Board of Education, a school district or charter school
shall provide to the State Board of Education information that is necessary for the report
required under Subsection (7)(a).
Section 297. Section 
53G-9-208
, which is renumbered from Section 53A-11-606 is
renumbered and amended to read:
[
53A-11-606
].
 53G-9-208.
Sunscreen -- Possession -- Administration --
Immunity.
(1) As used in this section, "sunscreen" means a compound topically applied to prevent
sunburn.
(2) A public school shall permit a student, without a parent or physician's
authorization, to possess or self-apply sunscreen that is regulated by the Food and Drug
Administration.
(3) If a student is unable to self-apply sunscreen, a volunteer school employee may
apply the sunscreen on the student if the student's parent or legal guardian provides written
consent for the assistance.
(4) A volunteer school employee who applies sunscreen on a student in compliance
with Subsection (3) and the volunteer school employee's employer are not liable for:
(a) an adverse reaction suffered by the student as a result of having the sunscreen
applied; or
(b) discontinuing the application of the sunscreen at any time.
Section 298. Section 
53G-9-301 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-300.5 (Effective 07/01/18) is renumbered and amended to read:
Part 3. Immunization Requirements
[
53A-11-300.5 (Effective 07/01/18)
].
 53G-9-301 (Effective
07/01/18).
Definitions.
As used in this part:
(1) "Department" means the Department of Health, created in Section 
26-1-4
.
(2) "Health official" means an individual designated by a local health department from
within the local health department to consult and counsel parents and licensed health care
providers, in accordance with Subsection [
53A-11-302.5
] 
53G-9-304
(2)(a).
(3) "Health official designee" means a licensed health care provider designated by a
local health department, in accordance with Subsection [
53A-11-302.5
] 
53G-9-304
(2)(b), to
consult with parents, licensed health care professionals, and school officials.
(4) "Immunization" or "immunize" means a process through which an individual
develops an immunity to a disease, through vaccination or natural exposure to the disease.
(5) "Immunization record" means a record relating to a student that includes:
(a) information regarding each required vaccination that the student has received,
including the date each vaccine was administered, verified by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department;
(iii) an authorized representative of the department;
(iv) a registered nurse; or
(v) a pharmacist;
(b) information regarding each disease against which the student has been immunized
by previously contracting the disease; and
(c) an exemption form identifying each required vaccination from which the student is
exempt, including all required supporting documentation described in Section [
53A-11-302
]
53G-9-303
.
(6) "Legally responsible individual" means:
(a) a student's parent;
(b) the student's legal guardian;
(c) an adult brother or sister of a student who has no legal guardian; or
(d) the student, if the student:
(i) is an adult; or
(ii) is a minor who may consent to treatment under Section 
26-10-9
.
(7) "Licensed health care provider" means a health care provider who is licensed under
Title 58, Occupations and Professions, as:
(a) a medical doctor;
(b) an osteopathic doctor;
(c) a physician assistant; or
(d) an advanced practice registered nurse.
(8) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(9) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(10) "Required vaccines" means vaccines required by department rule described in
Section [
53A-11-303
] 
53G-9-305
.
(11) "School" means any public or private:
(a) elementary or secondary school through grade 12;
(b) preschool;
(c) child care program, as that term is defined in Section 
26-39-102
;
(d) nursery school; or
(e) kindergarten.
(12) "Student" means an individual who attends a school.
(13) "Vaccinating" or "vaccination" means the administration of a vaccine.
(14) "Vaccination exemption form" means a form, described in Section
[
53A-11-302.5
] 
53G-9-304
, that documents and verifies that a student is exempt from the
requirement to receive one or more required vaccines.
(15) "Vaccine" means the substance licensed for use by the United States Food and
Drug Administration that is injected into or otherwise administered to an individual to
immunize the individual against a communicable disease.
Section 299. Section 
53G-9-302 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-301 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-301 (Superseded 07/01/18)
].
 53G-9-302 (Superseded
07/01/18).
Certificate of immunization required.
(1) Unless exempted for personal, medical, or religious objections as provided in
Section [
53A-11-302
] 
53G-9-303
, a student may not attend a public, private, or parochial
kindergarten, elementary, or secondary school through grade 12, nursery school, licensed day
care center, child care facility, family care home, or headstart program in this state unless there
is presented to the appropriate official of the school a certificate of immunization from a
licensed physician or authorized representative of the state or local health department stating
that the student has received immunization against communicable diseases as required by rules
adopted under Section [
53A-11-303
] 
53G-9-305
.
(2) School districts may not receive weighted pupil unit money for a student unless the
student has obtained a certificate of immunization under this section or qualifies for conditional
enrollment or an exemption from immunization under Section [
53A-11-302
] 
53G-9-303
.
Section 300. Section 
53G-9-302 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-301 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-301 (Effective 07/01/18)
].
 53G-9-302 (Effective
07/01/18).
Immunization required -- Exception -- Weighted pupil unit funding.
(1) A student may not attend a school unless:
(a) the school receives an immunization record from the legally responsible individual
of the student, the student's former school, or a statewide registry that shows:
(i) that the student has received each vaccination required by the department under
Section [
53A-11-303
] 
53G-9-305
; or
(ii) for any required vaccination that the student has not received, that the student:
(A) has immunity against the disease for which the vaccination is required, because the
student previously contracted the disease as documented by a health care provider, as that term
is defined in Section 
78B-3-103
; or
(B) is exempt from receiving the vaccination under Section [
53A-11-302
] 
53G-9-303
;
(b) the student qualifies for conditional enrollment under Section [
53A-11-306
]
53G-9-308
; or
(c) the student:
(i) is a student, as defined in Section [
53A-1-1002
] 
53E-3-903
; and
(ii) complies with the immunization requirements for military children under Section
[
53A-1-1004
] 
53E-3-905
.
(2) An LEA may not receive weighted pupil unit money for a student who is not
permitted to attend school under Subsection (1).
Section 301. Section 
53G-9-303 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-302 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-302 (Superseded 07/01/18)
].
 53G-9-303 (Superseded
07/01/18).
Immunizations required -- Exceptions -- Grounds for exemption from
required immunizations.
(1) A student may not enter school without a certificate of immunization, except as
provided in this section.
(2) Except as provided in Section [
53A-1-1004
] 
53E-3-905
, a student who at the time
of school enrollment has not been completely immunized against each specified disease may
attend school under a conditional enrollment if the student has received one dose of each
specified vaccine prior to enrollment.
(3) A student is exempt from receiving the required immunizations if there is presented
to the appropriate official of the school one or more of the following:
(a) a certificate from a licensed physician stating that due to the physical condition of
the student one or more specified immunizations would endanger the student's life or health;
(b) A completed form obtained at the local health department where the student
resides, providing:
(i) the information required under Subsection [
53A-11-302.5
] 
53G-9-304
(1); and
(ii) a statement that the person has a personal belief opposed to immunizations, which
is signed by one of the individuals listed in Subsection [
53A-11-302
] 
53G-9-303
(3)(c) and
witnessed by the local health officer or his designee; or
(c) a statement that the person is a bona fide member of a specified, recognized
religious organization whose teachings are contrary to immunizations, signed by one of the
following persons:
(i) one of the student's parents;
(ii) the student's guardian;
(iii) a legal age brother or sister of a student who has no parent or guardian; or
(iv) the student, if of legal age.
Section 302. Section 
53G-9-303 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-302 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-302 (Effective 07/01/18)
].
 53G-9-303 (Effective
07/01/18).
Grounds for exemption from required vaccines -- Renewal.
(1) A student is exempt from the requirement to receive a vaccine required under
Section [
53A-11-303
] 
53G-9-305
 if the student qualifies for a medical or personal exemption
from the vaccination under Subsection (2) or (3).
(2) A student qualifies for a medical exemption from a vaccination required under
Section [
53A-11-303
] 
53G-9-305
 if the student's legally responsible individual provides to the
student's school:
(a) a completed vaccination exemption form; and
(b) a written notice signed by a licensed health care provider stating that, due to the
physical condition of the student, administration of the vaccine would endanger the student's
life or health.
(3) A student qualifies for a personal exemption from a vaccination required under
Section [
53A-11-303
] 
53G-9-305
 if the student's legally responsible individual provides to the
student's school a completed vaccination exemption form, stating that the student is exempt
from the vaccination because of a personal or religious belief.
(4) (a) A vaccination exemption form submitted under this section is valid for as long
as the student remains at the school to which the form first is presented.
(b) If the student changes schools before the student is old enough to enroll in
kindergarten, the vaccination exemption form accepted as valid at the student's previous school
is valid until the earlier of the day on which:
(i) the student enrolls in kindergarten; or
(ii) the student turns six years old.
(c) If the student changes schools after the student is old enough to enroll in
kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption
form accepted as valid at the student's previous school is valid until the earlier of the day on
which:
(i) the student enrolls in grade 7; or
(ii) the student turns 12 years old.
(d) If the student changes schools after the student is old enough to enroll in grade 7,
the vaccination exemption form accepted as valid at the student's previous school is valid until
the student completes grade 12.
(e) Notwithstanding Subsections (4)(b) and (c), a vaccination exemption form obtained
through completion of the online education module created in Section 
26-7-9
 is valid for at
least two years.
Section 303. Section 
53G-9-304 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-302.5 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-302.5 (Superseded 07/01/18)
].
 53G-9-304 (Superseded
07/01/18).
Personal belief immunization exemption.
(1) The Department of Health shall provide to all local health departments a form to be
used by persons claiming an exemption from immunization requirements based on a personal
belief opposed to immunization. The form shall include a statement printed on the form and
drafted by the Department of Health stating the department's position regarding the benefits of
immunization. The form shall require, at a minimum:
(a) a statement claiming exemption from immunizations required under Section
[
53A-11-302
] 
53G-9-303
, signed by a person listed under Subsection [
53A-11-302
]
53G-9-303
(3)(c);
(b) the name and address of the person who signs the form;
(c) the name of the student exempted from immunizations; and
(d) the school at which the student is enrolling.
(2) (a) The Department of Health shall provide these forms to the local health
departments.
(b) Local health departments shall make the forms available to the public upon request.
(3) (a) A student enrolling in a school and who claims exemption from immunizations
based on a personal belief shall complete the form described in Subsection (1) and provide it to
the school officials at the school in which the student is enrolling.
(b) Students who prior to July 1, 1992, claimed an exemption from immunizations
based on personal beliefs shall prior to December 1, 1992, complete the form described in
Subsection (1) and provide it to the appropriate official of the school the student attends.
Section 304. Section 
53G-9-304 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-302.5 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-302.5 (Effective 07/01/18)
].
 53G-9-304 (Effective
07/01/18).
Vaccination exemption form.
(1) The department shall:
(a) develop a vaccination exemption form that includes only the following information:
(i) identifying information regarding:
(A) the student to whom an exemption applies; and
(B) the legally responsible individual who claims the exemption for the student and
signs the vaccination exemption form;
(ii) an indication regarding the vaccines to which the exemption relates;
(iii) a statement that the claimed exemption is for:
(A) a medical reason; or
(B) a personal or religious belief; and
(iv) an explanation of the requirements, in the event of an outbreak of a disease for
which a required vaccine exists, for a student who:
(A) has not received the required vaccine; and
(B) is not otherwise immune from the disease; and
(b) provide the vaccination exemption form created in this Subsection (1) to local
health departments.
(2) (a) Each local health department shall designate one or more individuals from
within the local health department as a health official to consult, regarding the requirements of
this part, with:
(i) parents, upon the request of parents;
(ii) school principals and administrators; and
(iii) licensed health care providers.
(b) A local health department may designate a licensed health care provider as a health
official designee to provide the services described in Subsection (2)(a).
(3) (a) To receive a vaccination exemption form described in Subsection (1), a legally
responsible individual shall complete the online education module described in Section 
26-7-9
,
permitting an individual to:
(i) complete any requirements online; and
(ii) download and print the vaccine exemption form immediately upon completion of
the requirements.
(b) A legally responsible individual may decline to take the online education module
and obtain a vaccination exemption form from a local health department if the individual:
(i) requests and receives an in-person consultation at a local health department from a
health official or a health official designee regarding the requirements of this part; and
(ii) pays any fees established under Subsection (4)(b).
(4) (a) Neither the department nor any other person may charge a fee for the exemption
form offered through the online education module in Subsection (3)(a).
(b) A local health department may establish a fee of up to $25 to cover the costs of
providing an in-person consultation.
Section 305. Section 
53G-9-305 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-303 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-303 (Superseded 07/01/18)
].
 53G-9-305 (Superseded
07/01/18).
Regulations of department.
(1) The Department of Health shall adopt rules to establish which immunizations are
required and the manner and frequency of their administration.
(2) The rules adopted shall conform to recognized standard medical practices.
(3) The rules shall require the reporting of statistical information and names of
noncompliers by the schools.
Section 306. Section 
53G-9-305 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-303 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-303 (Effective 07/01/18)
].
 53G-9-305 (Effective
07/01/18).
Regulations of department.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules regarding:
(a) which vaccines are required as a condition of attending school;
(b) the manner and frequency of the vaccinations; and
(c) the vaccination exemption form described in Section [
53A-11-302.5
] 
53G-9-304
.
(2) The department shall ensure that the rules described in Subsection (1):
(a) conform to recognized standard medical practices; and
(b) require schools to report to the department statistical information and names of
students who are not in compliance with Section [
53A-11-301
] 
53G-9-302
.
Section 307. Section 
53G-9-306 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-304 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-304 (Superseded 07/01/18)
].
 53G-9-306 (Superseded
07/01/18).
Certificate part of student's record -- Forms for certificates -- Transfer of
immunization record to official certificate.
(1) Each school shall retain official certificates of immunization for every enrolled
student. The certificate becomes a part of the individual student's permanent school record and
follows the student through his or her public or private school career.
(2) The Department of Health shall provide official certificate of immunization forms
to public and private schools, physicians, and local health departments. The forms referred to in
this subsection shall include a clear statement of the student's rights under Section
[
53A-11-302
] 
53G-9-303
.
(3) Any immunization record provided by a licensed physician, registered nurse, or
public health official may be accepted by a school official as a certificate of immunization if
the type of immunization given and the dates given are specified and the information is
transferred to an official certificate of immunization and verified by the school district in which
the public or private school is located.
Section 308. Section 
53G-9-306 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-304 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-304 (Effective 07/01/18)
].
 53G-9-306 (Effective 07/01/18).
Immunization record part of student's record -- School review process at enrollment --
Transfer.
(1) Each school:
(a) shall request an immunization record for each student at the time the student enrolls
in the school;
(b) may not charge a fee related to receiving or reviewing an immunization record or a
vaccination exemption form; and
(c) shall retain an immunization record for each enrolled student as part of the student's
permanent school record.
(2) (a) Within five business days after the day on which a student enrolls in a school,
an individual designated by the school principal or administrator shall:
(i) determine whether the school has received an immunization record for the student;
(ii) review the student's immunization record to determine whether the record complies
with Subsection [
53A-11-301
] 
53G-9-302
(1); and
(iii) identify any deficiencies in the student's immunization record.
(b) If the school has not received a student's immunization record or there are
deficiencies in the immunization record, the school shall:
(i) place the student on conditional enrollment, in accordance with Section
[
53A-11-306
] 
53G-9-308
; and
(ii) within five days after the day on which the school places the student on conditional
enrollment, provide the written notice described in Subsection [
53A-11-306
] 
53G-9-308
(2).
(3) A school from which a student transfers shall provide the student's immunization
record to the student's new school upon request of the student's legally responsible individual.
Section 309. Section 
53G-9-307 (Repealed 07/01/18)
, which is renumbered from
Section 53A-11-305 (Repealed 07/01/18) is renumbered and amended to read:
[
53A-11-305 (Repealed 07/01/18)
].
 53G-9-307 (Repealed
07/01/18).
Immunization by local health departments -- Fees.
(1) If a student has not been immunized against a disease specified by the Department
of Health, he may be immunized by the local health department upon the request of his parent
or guardian, or upon the student's request if he is of legal age. The local health department may
charge a fee to cover the cost of administration of the vaccine.
(2) The vaccine necessary for immunizations required under Sections [
53A-11-301
]
53G-9-302
 and [
53A-11-303
] 
53G-9-305
 shall be furnished to local departments of health by
the Department of Health. The Department of Health may recover all or part of the cost of
vaccines purchased with state funds by charging local health departments a fee for those
vaccines. Local health departments may pass the cost of the vaccine on to the student, his
parent or guardian, or other responsible party. However, a child may not be refused
immunizations by the local health department in his area of residence because of inability to
pay.
(3) The Department of Health shall establish the fee for administration of vaccines, as
provided by Subsection (1), and shall establish fees for vaccines.
Section 310. Section 
53G-9-308 (Superseded 07/01/18)
, which is renumbered from
Section 53A-11-306 (Superseded 07/01/18) is renumbered and amended to read:
[
53A-11-306 (Superseded 07/01/18)
].
 53G-9-308 (Superseded
07/01/18).
Conditional enrollment -- Suspension for noncompliance -- Procedure.
(1) Conditional enrollment time periods may be modified by the department by legally
adopted rules.
(2) The requirements for conditional enrollment shall apply to each student unless that
student is exempted under Section [
53A-11-302
] 
53G-9-303
.
(3) After five days written notice of a pending suspension and of the student's rights
under Section 
[
53A-11-302
] 
53G-9-303
 shall be mailed to the last-known address of a parent,
guardian, or legal age brother or sister of a student who is without parent or guardian, the
governing authority of any school shall prohibit further attendance by a student under a
conditional enrollment who has failed to obtain the immunization required within time period
set forth in Section 
[
53A-11-302
] 
53G-9-303
 or otherwise established by rule.
(4) Parents or guardians of children who are prohibited from attending school for
failure to comply with the provisions of this part shall be referred to the juvenile court.
Section 311. Section 
53G-9-308 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-306 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-306 (Effective 07/01/18)
].
 53G-9-308 (Effective
07/01/18).
Conditional enrollment -- Suspension for noncompliance -- Procedure.
(1) A student for whom a school has not received a complete immunization record may
attend the school on a conditional enrollment:
(a) during the period in which the student's immunization record is under review by the
school; or
(b) for 21 calendar days after the day on which the school provides the notice described
in Subsection (2).
(2) (a) Within five days after the day on which a school places a student on conditional
enrollment, the school shall provide written notice to the student's legally responsible
individual, in person or by mail, that:
(i) the school has placed the student on conditional enrollment for failure to comply
with the requirements of Subsection 
[
53A-11-301
] 
53G-9-302
(1);
(ii) describes the identified deficiencies in the student's immunization record or states
that the school has not received an immunization record for the student;
(iii) gives notice that the student will not be allowed to attend school unless the legally
responsible individual cures the deficiencies, or provides an immunization record that complies
with Subsection 
[
53A-11-301
] 
53G-9-302
(1), within the conditional enrollment period
described in Subsection (1)(b); and
(iv) describes the process for obtaining a required vaccination.
(b) A school shall remove the conditional enrollment status from a student after the
school receives an immunization record for the student that complies with Subsection
[
53A-11-301
] 
53G-9-302
(1).
(c) Except as provided in Subsection (2)(d), at the end of the conditional enrollment
period, a school shall prohibit a student who does not comply with Subsection 
[
53A-11-301
]
53G-9-302
(1) from attending the school until the student complies with Subsection
[
53A-11-301
] 
53G-9-302
(1).
(d) A school principal or administrator:
(i) shall grant an additional extension of the conditional enrollment period, if the
extension is necessary to complete all required vaccination dosages, for a time period medically
recommended to complete all required vaccination dosages; and
(ii) may grant an additional extension of the conditional enrollment period in cases of
extenuating circumstances, if the school principal or administrator and a school nurse, a health
official, or a health official designee agree that an additional extension will likely lead to
compliance with Subsection 
[
53A-11-301
] 
53G-9-302
(1) during the additional extension
period.
Section 312. Section 
53G-9-309 (Effective 07/01/18)
, which is renumbered from
Section 53A-11-307 (Effective 07/01/18) is renumbered and amended to read:
[
53A-11-307 (Effective 07/01/18)
].
 53G-9-309 (Effective 07/01/18).
School
record of students' immunization status -- Confidentiality.
(1) Each school shall maintain a current list of all enrolled students, noting each
student:
(a) for whom the school has received a valid and complete immunization record;
(b) who is exempt from receiving a required vaccine; and
(c) who is allowed to attend school under Section [
53A-11-306
] 
53G-9-308
.
(2) Each school shall ensure that the list described in Subsection (1) specifically
identifies each disease against which a student is not immunized.
(3) Upon the request of an official from a local health department in the case of a
disease outbreak, a school principal or administrator shall:
(a) notify the legally responsible individual of any student who is not immune to the
outbreak disease, providing information regarding steps the legally responsible individual may
take to protect students;
(b) identify each student who is not immune to the outbreak disease; and
(c) for a period determined by the local health department not to exceed the duration of
the disease outbreak, do one of the following at the discretion of the school principal or
administrator after obtaining approval from the local health department:
(i) provide a separate educational environment for the students described in Subsection
(3)(b) that ensures the protection of the students described in Subsection (3)(b) as well as the
protection of the remainder of the student body; or
(ii) prevent each student described in Subsection (3)(b) from attending school.
(4) A name appearing on the list described in Subsection (1) is subject to
confidentiality requirements described in Section 
26-1-17.5
 and Section [
53A-13-301
]
53E-9-202
.
Section 313. Section 
53G-9-401
 is enacted to read:
Part 4. Health Examinations
 53G-9-401.
Definitions.
Reserved
Section 314. Section 
53G-9-402
, which is renumbered from Section 53A-11-201 is
renumbered and amended to read:
[
53A-11-201
].
 53G-9-402.
Rules for examinations prescribed by
Department of Health -- Notification of impairment.
(1) (a) Each local school board shall implement rules as prescribed by the Department
of Health for vision, dental, abnormal spinal curvature, and hearing examinations of students
attending the district's schools.
(b) Under guidelines of the Department of Health, qualified health professionals shall
provide instructions, equipment, and materials for conducting the examinations.
(c) The rules shall include exemption provisions for students whose parents or
guardians contend the examinations violate their personal beliefs.
(2) The school shall notify, in writing, a student's parent or guardian of any impairment
disclosed by the examinations.
Section 315. Section 
53G-9-403
, which is renumbered from Section 53A-11-202 is
renumbered and amended to read:
[
53A-11-202
].
 53G-9-403.
Personnel to perform health examination.
A local school board may use teachers or licensed registered nurses to conduct
examinations required under this [
chapter
] 
part
 and licensed physicians as needed for medical
consultation related to those examinations.
Section 316. Section 
53G-9-404
, which is renumbered from Section 53A-11-203 is
renumbered and amended to read:
[
53A-11-203
].
 53G-9-404.
Vision screening.
(1) As used in this section:
(a) "Office" means the Utah State Office of Rehabilitation created in Section
35A-1-202
.
(b) "Qualifying child" means a child who is at least 3-1/2 years old, but is less than
nine years old.
(2) A child under nine years old entering school for the first time in this state must
present the following to the school:
(a) a certificate signed by a licensed physician, optometrist, or other licensed health
professional approved by the office, stating that the child has received vision screening to
determine the presence of amblyopia or other visual defects; or
(b) a written statement signed by at least one parent or legal guardian of the child that
the screening violates the personal beliefs of the parent or legal guardian.
(3) (a) The office:
(i) shall provide vision screening report forms to a person approved by the office to
conduct a free vision screening for a qualifying child;
(ii) may work with health care professionals, teachers, and vision screeners to develop
protocols that may be used by a parent, teacher, or vision screener to help identify a child who
may have conditions that are not detected in a vision screening, such as problems with eye
focusing, eye tracking, visual perceptual skills, visual motor integration, and convergence
insufficiency; and
(iii) shall, once protocols are established under Subsection (3)(a)(ii), develop language
regarding the vision problems identified in Subsection (3)(a)(ii) to be included in the notice
required by Subsection (3)(b).
(b) The report forms shall include the following information for a parent or guardian:
"vision screening is not a substitute for a complete eye exam and vision evaluation by an eye
doctor."
(4) A school district or charter school may conduct free vision screening clinics for a
qualifying child.
(5) (a) The office shall maintain a central register of qualifying children who fail vision
screening and who are referred for follow-up treatment.
(b) The register described in Subsection (5)(a) shall include the name of the child, age
or birthdate, address, cause for referral, and follow-up results.
(c) A school district or charter school shall report to the office referral follow-up results
for a qualifying child.
(6) (a) A school district or charter school shall ensure that a volunteer who serves as a
vision screener for a free vision screening clinic for a qualifying child:
(i) is a school nurse;
(ii) holds a certificate issued by the office under Subsection (6)(b)(ii); or
(iii) is directly supervised by an individual described in Subsection (6)(a)(i) or (ii).
(b) The office shall:
(i) provide vision screening training to a volunteer seeking a certificate described in
Subsection (6)(b)(ii), using curriculum established by the office; and
(ii) issue a certificate to a volunteer who successfully completes the vision screening
training described in Subsection (6)(b)(i).
(c) An individual described in Subsection (6)(a) is not liable for damages that result
from acts or omissions related to the vision screening, unless the acts or omissions are willful
or grossly negligent.
(7) (a) Except as provided in Subsection (7)(b), a licensed health professional
providing vision care to private patients may not participate as a screener in a free vision
screening program provided by a school district.
(b) A school district or charter school may:
(i) allow a licensed health professional who provides vision care to private patients to
participate as a screener in a free vision screening program for a child 3-1/2 years old or older;
(ii) establish guidelines to administer a free vision screening program described in
Subsection (7)(b)(i); and
(iii) establish penalties for a violation of the requirements of Subsection (7)(c).
(c) A licensed health professional or other person who participates as a screener in a
free vision screening program described in Subsection (7)(b):
(i) may not market, advertise, or promote the licensed health professional's business in
connection with providing the free screening at the school; and
(ii) shall provide the child's results of the free vision screening on a form produced by
the school or school district, which:
(A) may not include contact information other than the name of the licensed health
professional; and
(B) shall include a statement: "vision screening is not a substitute for a complete eye
exam and vision evaluation by an eye doctor."
(d) A school district or charter school may provide information to a parent or guardian
of the availability of follow up vision services for a student.
(8) The Department of Health shall:
(a) by rule, set standards and procedures for vision screening required by this [
chapter
]
part
, which shall include a process for notifying the parent or guardian of a child who fails a
vision screening or is identified as needing follow-up care; and
(b) provide the office with copies of rules, standards, instructions, and test charts
necessary for conducting vision screening.
(9) The office shall supervise screening, referral, and follow-up required by this
[
chapter
] 
part
.
Section 317. Section 
53G-9-501
 is enacted to read:
Part 5. Administration of Medication
 53G-9-501.
Definitions.
Reserved
Section 318. Section 
53G-9-502
, which is renumbered from Section 53A-11-601 is
renumbered and amended to read:
[
53A-11-601
].
 53G-9-502.
Administration of medication to students --
Prerequisites -- Immunity from liability -- Applicability.
(1) A public or private school that holds any classes in grades kindergarten through 12
may provide for the administration of medication to any student during periods when the
student is under the control of the school, subject to the following conditions:
(a) the local school board, charter school governing board, or the private equivalent,
after consultation with the Department of Health and school nurses shall adopt policies that
provide for:
(i) the designation of volunteer employees who may administer medication;
(ii) proper identification and safekeeping of medication;
(iii) the training of designated volunteer employees by the school nurse;
(iv) maintenance of records of administration; and
(v) notification to the school nurse of medication that will be administered to students;
and
(b) medication may only be administered to a student if:
(i) the student's parent or legal guardian has provided a current written and signed
request that medication be administered during regular school hours to the student; and
(ii) the student's licensed health care provider has prescribed the medication and
provides documentation as to the method, amount, and time schedule for administration, and a
statement that administration of medication by school employees during periods when the
student is under the control of the school is medically necessary.
(2) Authorization for administration of medication by school personnel may be
withdrawn by the school at any time following actual notice to the student's parent or guardian.
(3) School personnel who provide assistance under Subsection (1) in substantial
compliance with the licensed health care provider's written prescription and the employers of
these school personnel are not liable, civilly or criminally, for:
(a) any adverse reaction suffered by the student as a result of taking the medication;
and
(b) discontinuing the administration of the medication under Subsection (2).
(4) Subsections (1) through (3) do not apply to:
(a) the administration of glucagon in accordance with Section [
53A-11-603
]
53G-9-504
;
(b) the administration of a seizure rescue medication in accordance with Section
[
53A-11-603.5
] 
53G-9-505
; or
(c) the administration of an opiate antagonist in accordance with Title 26, Chapter 55,
Opiate Overdose Response Act. 
Section 319. Section 
53G-9-503
, which is renumbered from Section 53A-11-602 is
renumbered and amended to read:
[
53A-11-602
].
 53G-9-503.
Self-administration of asthma medication.
(1) As used in this section, "asthma medication" means prescription or nonprescription,
inhaled asthma medication.
(2) A public school shall permit a student to possess and self-administer asthma
medication if:
(a) the student's parent or guardian signs a statement:
(i) authorizing the student to self-administer asthma medication; and
(ii) acknowledging that the student is responsible for, and capable of,
self-administering the asthma medication; and
(b) the student's health care provider provides a written statement that states:
(i) it is medically appropriate for the student to self-administer asthma medication and
be in possession of asthma medication at all times; and
(ii) the name of the asthma medication prescribed or authorized for the student's use.
(3) The Utah Department of Health, in cooperation with the state superintendent of
public instruction, shall design forms to be used by public schools for the parental and health
care provider statements described in Subsection (2).
(4) Section [
53A-11-904
] 
53G-8-205
 does not apply to the possession and
self-administration of asthma medication in accordance with this section.
Section 320. Section 
53G-9-504
, which is renumbered from Section 53A-11-603 is
renumbered and amended to read:
[
53A-11-603
].
 53G-9-504.
Administration of glucagon -- Training of
volunteer school personnel -- Authority to use glucagon -- Immunity from liability.
(1) As used in this section, "glucagon authorization" means a signed statement from a
parent or guardian of a student with diabetes:
(a) certifying that glucagon has been prescribed for the student;
(b) requesting that the student's public school identify and train school personnel who
volunteer to be trained in the administration of glucagon in accordance with this section; and
(c) authorizing the administration of glucagon in an emergency to the student in
accordance with this section.
(2) (a) A public school shall, within a reasonable time after receiving a glucagon
authorization, train two or more school personnel who volunteer to be trained in the
administration of glucagon, with training provided by the school nurse or another qualified,
licensed medical professional.
(b) A public school shall allow all willing school personnel to receive training in the
administration of glucagon, and the school shall assist and may not obstruct the identification
or training of volunteers under this Subsection (2).
(c) The Utah Department of Health, in cooperation with the state superintendent of
public instruction, shall design a glucagon authorization form to be used by public schools in
accordance with this section.
(3) (a) Training in the administration of glucagon shall include:
(i) techniques for recognizing the symptoms that warrant the administration of
glucagon;
(ii) standards and procedures for the storage and use of glucagon;
(iii) other emergency procedures, including calling the emergency 911 number and
contacting, if possible, the student's parent or guardian; and
(iv) written materials covering the information required under this Subsection (3).
(b) A school shall retain for reference the written materials prepared in accordance with
Subsection (3)(a)(iv).
(4) A public school shall permit a student or school personnel to possess or store
prescribed glucagon so that it will be available for administration in an emergency in
accordance with this section.
(5) (a) A person who has received training in accordance with this section may
administer glucagon at a school or school activity to a student with a glucagon authorization if:
(i) the student is exhibiting the symptoms that warrant the administration of glucagon;
and
(ii) a licensed health care professional is not immediately available.
(b) A person who administers glucagon in accordance with Subsection (5)(a) shall
direct a responsible person to call 911 and take other appropriate actions in accordance with the
training materials retained under Subsection (3)(b).
(6) School personnel who provide or receive training under this section and act in good
faith are not liable in any civil or criminal action for any act taken or not taken under the
authority of this section with respect to the administration of glucagon.
(7) Section [
53A-11-601
] 
53G-9-502
 does not apply to the administration of glucagon
in accordance with this section.
(8) Section [
53A-11-904
] 
53G-8-205
 does not apply to the possession and
administration of glucagon in accordance with this section.
(9) The unlawful or unprofessional conduct provisions of Title 58, Occupations and
Professions, do not apply to a person licensed as a health professional under Title 58,
Occupations and Professions, including a nurse, physician, or pharmacist who, in good faith,
trains nonlicensed volunteers to administer glucagon in accordance with this section.
Section 321. Section 
53G-9-505
, which is renumbered from Section 53A-11-603.5 is
renumbered and amended to read:
[
53A-11-603.5
].
 53G-9-505.
Trained school employee volunteers --
Administration of seizure rescue medication -- Exemptions from liability.
(1) As used in this section:
(a) "Prescribing health care professional" means:
(i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
Act;
(ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act;
(iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
Practice Act; or
(iv) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
(b) "Section 504 accommodation plan" means a plan developed pursuant to Section
504 of the Rehabilitation Act of 1973, as amended, to provide appropriate accommodations to
an individual with a disability to ensure access to major life activities.
(c) "Seizure rescue authorization" means a student's Section 504 accommodation plan
that:
(i) certifies that:
(A) a prescribing health care professional has prescribed a seizure rescue medication
for the student;
(B) the student's parent or legal guardian has previously administered the student's
seizure rescue medication in a nonmedically-supervised setting without a complication; and
(C) the student has previously ceased having full body prolonged or convulsive seizure
activity as a result of receiving the seizure rescue medication;
(ii) describes the specific seizure rescue medication authorized for the student,
including the indicated dose, and instructions for administration;
(iii) requests that the student's public school identify and train school employees who
are willing to volunteer to receive training to administer a seizure rescue medication in
accordance with this section; and
(iv) authorizes a trained school employee volunteer to administer a seizure rescue
medication in accordance with this section.
(d) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
health care professional, to be administered as described in a student's seizure rescue
authorization, while the student experiences seizure activity.
(ii) A seizure rescue medication does not include a medication administered
intravenously or intramuscularly.
(e) "Trained school employee volunteer" means an individual who:
(i) is an employee of a public school where at least one student has a seizure rescue
authorization;
(ii) is at least 18 years old; and
(iii) as described in this section:
(A) volunteers to receive training in the administration of a seizure rescue medication;
(B) completes a training program described in this section;
(C) demonstrates competency on an assessment; and
(D) completes annual refresher training each year that the individual intends to remain
a trained school employee volunteer.
(2) (a) The Department of Health shall, with input from the State Board of Education
and a children's hospital, develop a training program for trained school employee volunteers in
the administration of seizure rescue medications that includes:
(i) techniques to recognize symptoms that warrant the administration of a seizure
rescue medication;
(ii) standards and procedures for the storage of a seizure rescue medication;
(iii) procedures, in addition to administering a seizure rescue medication, in the event
that a student requires administration of the seizure rescue medication, including:
(A) calling 911; and
(B) contacting the student's parent or legal guardian;
(iv) an assessment to determine if an individual is competent to administer a seizure
rescue medication;
(v) an annual refresher training component; and
(vi) written materials describing the information required under this Subsection (2)(a).
(b) A public school shall retain for reference the written materials described in
Subsection (2)(a)(vi).
(c) The following individuals may provide the training described in Subsection (2)(a):
(i) a school nurse; or
(ii) a licensed heath care professional.
(3) (a) A public school shall, after receiving a seizure rescue authorization:
(i) inform school employees of the opportunity to be a school employee volunteer; and
(ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
volunteers, using the training program described in Subsection (2)(a).
(b) A public school may not:
(i) obstruct the identification or training of a trained school employee volunteer; or
(ii) compel a school employee to become a trained school employee volunteer.
(4) A trained school employee volunteer may possess or store a prescribed rescue
seizure medication, in accordance with this section.
(5) A trained school employee volunteer may administer a seizure rescue medication to
a student with a seizure rescue authorization if:
(a) the student is exhibiting a symptom, described on the student's seizure rescue
authorization, that warrants the administration of a seizure rescue medication; and
(b) a licensed health care professional is not immediately available to administer the
seizure rescue medication.
(6) A trained school employee volunteer who administers a seizure rescue medication
shall direct an individual to call 911 and take other appropriate actions in accordance with the
training described in Subsection (2).
(7) A trained school employee volunteer who administers a seizure rescue medication
in accordance with this section in good faith is not liable in a civil or criminal action for an act
taken or not taken under this section.
(8) Section [
53A-11-601
] 
53G-9-502
 does not apply to the administration of a seizure
rescue medication.
(9) Section [
53A-11-904
] 
53G-8-205
 does not apply to the possession of a seizure
rescue medication in accordance with this section.
(10) (a) The unlawful or unprofessional conduct provisions of Title 58, Occupations
and Professions, do not apply to a person licensed as a health care professional under Title 58,
Occupations and Professions, including a nurse, physician, or pharmacist for, in good faith,
training a nonlicensed school employee who volunteers to administer a seizure rescue
medication in accordance with this section.
(b) Allowing a trained school employee volunteer to administer a seizure rescue
medication in accordance with this section does not constitute unlawful or inappropriate
delegation under Title 58, Occupations and Professions.
Section 322. Section 
53G-9-506
, which is renumbered from Section 53A-11-604 is
renumbered and amended to read:
[
53A-11-604
].
 53G-9-506.
Diabetes medication -- Possession --
Self-administration.
(1) As used in this section, "diabetes medication" means prescription or
nonprescription medication used to treat diabetes, including related medical devices, supplies,
and equipment used to treat diabetes.
(2) A public school shall permit a student to possess or possess and self-administer
diabetes medication if:
(a) the student's parent or guardian signs a statement:
(i) authorizing the student to possess or possess and self-administer diabetes
medication; and
(ii) acknowledging that the student is responsible for, and capable of, possessing or
possessing and self-administering the diabetes medication; and
(b) the student's health care provider provides a written statement that states:
(i) it is medically appropriate for the student to possess or possess and self-administer
diabetes medication and the student should be in possession of diabetes medication at all times;
and
(ii) the name of the diabetes medication prescribed or authorized for the student's use.
(3) The Utah Department of Health, in cooperation with the state superintendent of
public instruction, shall design forms to be used by public schools for the parental and health
care provider statements described in Subsection (2).
(4) Section [
53A-11-904
] 
53G-8-205
 does not apply to the possession and
self-administration of diabetes medication in accordance with this section.
Section 323. Section 
53G-9-601
, which is renumbered from Section 53A-11a-102 is
renumbered and amended to read:
Part 6. Bullying and Hazing
[
53A-11a-102
].
 53G-9-601.
Definitions.
As used in this [
chapter
] 
part
:
(1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
student directed toward a school employee that, based on its severity, nature, and frequency of
occurrence, a reasonable person would determine is intended to cause intimidation,
humiliation, or unwarranted distress.
(b) A single act does not constitute abusive conduct. 
(2) "Bullying" means a school employee or student intentionally committing a written,
verbal, or physical act against a school employee or student that a reasonable person under the
circumstances should know or reasonably foresee will have the effect of:
(a) causing physical or emotional harm to the school employee or student;
(b) causing damage to the school employee's or student's property;
(c) placing the school employee or student in reasonable fear of:
(i) harm to the school employee's or student's physical or emotional well-being; or
(ii) damage to the school employee's or student's property;
(d) creating a hostile, threatening, humiliating, or abusive educational environment due
to:
(i) the pervasiveness, persistence, or severity of the actions; or
(ii) a power differential between the bully and the target; or
(e) substantially interfering with a student having a safe school environment that is
necessary to facilitate educational performance, opportunities, or benefits.
(3) "Communication" means the conveyance of a message, whether verbal, written, or
electronic.
(4) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
electronic communication.
(5) (a) "Hazing" means a school employee or student intentionally, knowingly, or
recklessly committing an act or causing another individual to commit an act toward a school
employee or student that:
(i) (A) endangers the mental or physical health or safety of a school employee or
student;
(B) involves any brutality of a physical nature, including whipping, beating, branding,
calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
exposure to the elements;
(C) involves consumption of any food, alcoholic product, drug, or other substance or
other physical activity that endangers the mental or physical health and safety of a school
employee or student; or
(D) involves any activity that would subject a school employee or student to extreme
mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
(ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
holding office in, or as a condition for membership in a school or school sponsored team,
organization, program, club, or event; or
(B) is directed toward a school employee or student whom the individual who commits
the act knows, at the time the act is committed, is a member of, or candidate for membership
in, a school or school sponsored team, organization, program, club, or event in which the
individual who commits the act also participates.
(b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of
whether the school employee or student against whom the conduct is committed directed,
consented to, or acquiesced in, the conduct.
(6) "Policy" means a school board policy described in Section [
53A-11a-301
]
53G-9-605
.
(7) "Retaliate" means an act or communication intended:
(a) as retribution against a person for reporting bullying or hazing; or
(b) to improperly influence the investigation of, or the response to, a report of bullying
or hazing.
(8) "School" means a public elementary or secondary school, including a charter
school.
(9) "School board" means:
(a) a local school board; or
(b) a charter school governing board.
(10) "School employee" means an individual working in the individual's official
capacity as:
(a) a school teacher;
(b) a school staff member;
(c) a school administrator; or
(d) an individual:
(i) who is employed, directly or indirectly, by a school, school board, or school district;
and
(ii) who works on a school campus.
Section 324. Section 
53G-9-602
, which is renumbered from Section 53A-11a-201 is
renumbered and amended to read:
[
53A-11a-201
].
 53G-9-602.
Bullying, hazing, and cyber-bullying prohibited.
(1) A school employee or student may not engage in bullying a school employee or
student:
(a) on school property;
(b) at a school related or sponsored event;
(c) on a school bus;
(d) at a school bus stop; or
(e) while the school employee or student is traveling to or from a location or event
described in Subsections (1)(a) through (d).
(2) A school employee or student may not engage in hazing or cyber-bullying a school
employee or student at any time or in any location.
Section 325. Section 
53G-9-603
, which is renumbered from Section 53A-11a-202 is
renumbered and amended to read:
[
53A-11a-202
].
 53G-9-603.
Retaliation and making a false allegation
prohibited.
(1) A school employee or student may not engage in retaliation against:
(a) a school employee;
(b) a student; or
(c) an investigator for, or a witness of, an alleged incident of bullying, cyber-bullying,
hazing, or retaliation.
(2) A school employee or student may not make a false allegation of bullying,
cyber-bullying, hazing, or retaliation against a school employee or student.
Section 326. Section 
53G-9-604
, which is renumbered from Section 53A-11a-203 is
renumbered and amended to read:
[
53A-11a-203
].
 53G-9-604.
Parental notification of certain incidents and
threats required.
(1) For purposes of this section, "parent" includes a student's guardian.
(2) A school shall:
(a) notify a parent if the parent's student threatens to commit suicide; or
(b) notify the parents of each student involved in an incident of bullying,
cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
student.
(3) (a) If a school notifies a parent of an incident or threat required to be reported under
Subsection (2), the school shall produce and maintain a record that verifies that the parent was
notified of the incident or threat.
(b) A school shall maintain a record described in Subsection (3)(a) in accordance with
the requirements of:
[
(i) Chapter 1, Part 14, Student Data Protection Act;
]
[
(ii) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act;
]
(i) Title 53E, Chapter 9, Part 2, Student Privacy;
(ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
(iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
(iv) 34 C.F.R. Part 99.
(4) A local school board or charter school governing board shall adopt a policy
regarding the process for:
(a) notifying a parent as required in Subsection (2); and
(b) producing and retaining a record that verifies that a parent was notified of an
incident or threat as required in Subsection (3).
(5) At the request of a parent, a school may provide information and make
recommendations related to an incident or threat described in Subsection (2).
(6) A school shall:
(a) provide a student a copy of a record maintained in accordance with this section that
relates to the student if the student requests a copy of the record; and
(b) expunge a record maintained in accordance with this section that relates to a
student if the student:
(i) has graduated from high school; and
(ii) requests the record be expunged.
Section 327. Section 
53G-9-605
, which is renumbered from Section 53A-11a-301 is
renumbered and amended to read:
[
53A-11a-301
].
 53G-9-605.
Bullying, cyber-bullying, hazing, abusive
conduct, and retaliation policy.
(1) On or before September 1, 2018, a school board shall update the school board's
bullying, cyber-bullying, hazing, and retaliation policy to include abusive conduct.
(2) A policy shall:
(a) be developed only with input from:
(i) students;
(ii) parents;
(iii) teachers;
(iv) school administrators;
(v) school staff; or
(vi) local law enforcement agencies; and
(b) provide protection to a student, regardless of the student's legal status.
(3) A policy shall include the following components:
(a) definitions of bullying, cyber-bullying, hazing, and abusive conduct that are
consistent with this [
chapter
] 
part
;
(b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
(c) language prohibiting retaliation against an individual who reports conduct that is
prohibited under this [
chapter
] 
part
;
(d) language prohibiting making a false report of bullying, cyber-bullying, hazing,
abusive conduct, or retaliation;
(e) as required in Section [
53A-11a-203
] 
53G-9-604
, parental notification of:
(i) a student's threat to commit suicide; and
(ii) an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation,
involving the parent's student;
(f) a grievance process for a school employee who has experienced abusive conduct; 
(g) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
retaliation; and
(h) a requirement for a signed statement annually, indicating that the individual signing
the statement has received the school board's policy, from each:
(i) school employee;
(ii) student who is at least eight years old; and
(iii) parent or guardian of a student enrolled in the charter school or school district.
(4) A copy of a policy shall be:
(a) included in student conduct handbooks;
(b) included in employee handbooks;
(c) provided to a parent or a guardian of a student enrolled in the charter school or
school district; and
(d) distributed to parents.
(5) A policy may not permit formal disciplinary action that is based solely on an
anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
(6) Nothing in this [
chapter
] 
part
 is intended to infringe upon the right of a school
employee, parent, or student to exercise the right of free speech.
Section 328. Section 
53G-9-606
, which is renumbered from Section 53A-11a-302 is
renumbered and amended to read:
[
53A-11a-302
].
 53G-9-606.
Model policy and State Board of Education
duties.
(1) On or before September 1, 2018, the State Board of Education shall:
(a) update the State Board of Education's model policy on bullying, cyber-bullying,
hazing, and retaliation to include abusive conduct; and
(b) post the model policy described in Subsection (1)(a) on the State Board of
Education's website.
(2) The State Board of Education shall require a school board to report annually to the
State Board of Education on:
(a) the school board's policy, including implementation of the signed statement
requirement described in Subsection [
53A-11a-301
] 
53G-9-605
(3)(g);
(b) the school board's training of school employees relating to bullying, cyber-bullying,
hazing, and retaliation described in Section [
53A-11a-401
] 
53G-9-607
; and
(c) other information related to this [
chapter
] 
part
, as determined by the State Board of
Education.
Section 329. Section 
53G-9-607
, which is renumbered from Section 53A-11a-401 is
renumbered and amended to read:
[
53A-11a-401
].
 53G-9-607.
Training, education, and prevention --
Standards.
(1) (a) A school board shall include in the training of a school employee training
regarding bullying, cyber-bullying, hazing, abusive conduct, and retaliation that meets the
standards described in Subsection (4).
(b) A school board may offer voluntary training to parents and students regarding
abusive conduct. 
(2) To the extent that state or federal funding is available for this purpose, school
boards are encouraged to implement programs or initiatives, in addition to the training
described in Subsection (1), to provide for training and education regarding, and the prevention
of, bullying, hazing, abusive conduct, and retaliation.
(3) The programs or initiatives described in Subsection (2) may involve:
(a) the establishment of a bullying task force; or
(b) the involvement of school employees, students, or law enforcement.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules that establish standards for high quality training
related to bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
Section 330. Section 
53G-9-608
, which is renumbered from Section 53A-11a-402 is
renumbered and amended to read:
[
53A-11a-402
].
 53G-9-608.
Other forms of legal redress.
(1) Nothing in this [
chapter
] 
part
 prohibits a victim of bullying, cyber-bullying, hazing,
abusive conduct, or retaliation from seeking legal redress under any other provisions of civil or
criminal law.
(2) This section does not create or alter tort liability.
Section 331. Section 
53G-9-701
 is enacted to read:
Part 7. Suicide Prevention
 53G-9-701.
Definitions.
Reserved
Section 332. Section 
53G-9-702
, which is renumbered from Section 53A-15-1301 is
renumbered and amended to read:
[
53A-15-1301
].
 53G-9-702.
Youth suicide prevention programs required in
secondary schools -- State Board of Education to develop model programs -- Reporting
requirements.
(1) As used in the section:
(a) "Board" means the State Board of Education.
(b) "Intervention" means an effort to prevent a student from attempting suicide.
(c) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(d) "Program" means a youth suicide prevention program described in Subsection (2).
(e) "Public education suicide prevention coordinator" means an individual designated
by the board as described in Subsection (3).
(f) "Secondary grades":
(i) means grades 7 through 12; and
(ii) if a middle or junior high school includes grade 6, includes grade 6.
(g) "State suicide prevention coordinator" means the state suicide prevention
coordinator described in Section 
62A-15-1101
.
(2) (a) In collaboration with the public education suicide prevention coordinator, a
school district or charter school shall implement a youth suicide prevention program in the
secondary grades of the school district or charter school.
(b) A school district or charter school's program shall include the following
components:
(i) in collaboration with the training, programs, and initiatives described in Section
[
53A-11a-401
] 
53G-9-607
, programs and training to address bullying and cyberbullying, as
those terms are defined in Section [
53A-11a-102
] 
53G-9-601
;
(ii) prevention of youth suicides;
(iii) youth suicide intervention; and
(iv) postvention for family, students, and faculty.
(3) The board shall:
(a) designate a public education suicide prevention coordinator; and
(b) in collaboration with the Department of Heath and the state suicide prevention
coordinator, develop model programs to provide to school districts and charter schools:
(i) program training; and
(ii) resources regarding the required components described in Subsection (2)(b).
(4) The public education suicide prevention coordinator shall:
(a) oversee the youth suicide prevention programs of school districts and charter
schools; [
and
]
(b) coordinate prevention and postvention programs, services, and efforts with the state
suicide prevention coordinator[
.
]
; and
(c) award grants in accordance with Section 
53F-5-206
.
(5) A public school suicide prevention program may allow school personnel to ask a
student questions related to youth suicide prevention, intervention, or postvention.
(6) (a) Subject to legislative appropriation, the board may distribute money to a school
district or charter school to be used to implement evidence-based practices and programs, or
emerging best practices and programs, for preventing suicide in the school district or charter
school.
(b) The board shall distribute money under Subsection (6)(a) so that each school that
enrolls students in grade 7 or a higher grade receives an allocation of at least $500, or a lesser
amount per school if the legislative appropriation is not sufficient to provide at least $500 per
school.
(c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
implement evidence-based practices and programs, or emerging best practices and programs,
for preventing suicide.
(ii) Each school may select the evidence-based practices and programs, or emerging
best practices and programs, for preventing suicide that the school implements.
(7) (a) The board shall provide a written report, and shall orally report to the
Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
public education suicide prevention coordinator and the state suicide prevention coordinator,
on:
(i) the progress of school district and charter school youth suicide prevention programs,
including rates of participation by school districts, charter schools, and students;
(ii) the board's coordination efforts with the Department of Health and the state suicide
prevention coordinator;
(iii) the public education suicide prevention coordinator's model program for training
and resources related to youth suicide prevention, intervention, and postvention;
(iv) data measuring the effectiveness of youth suicide programs;
(v) funds appropriated to each school district and charter school for youth suicide
prevention programs; and
(vi) five-year trends of youth suicides per school, school district, and charter school.
(b) School districts and charter schools shall provide to the board information that is
necessary for the board's report to the Legislature's Education Interim Committee as required in
Subsection (7)(a).
Section 333. Section 
53G-9-703
, which is renumbered from Section 53A-15-1302 is
renumbered and amended to read:
[
53A-15-1302
].
 53G-9-703.
Parent education -- Mental health -- Bullying --
Safety.
(1) (a) Except as provided in Subsection (4), a school district shall offer a seminar for
parents of students in the school district that:
(i) is offered at no cost to parents;
(ii) begins at or after 6 p.m.;
(iii) is held in at least one school located in the school district; and
(iv) covers the topics described in Subsection (2).
(b) (i) A school district shall annually offer one parent seminar for each 11,000
students enrolled in the school district.
(ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
more than three seminars.
(c) A school district may:
(i) develop its own curriculum for the seminar described in Subsection (1)(a); or
(ii) use the curriculum developed by the State Board of Education under Subsection
(2).
(d) A school district shall notify each charter school located in the attendance
boundaries of the school district of the date and time of a parent seminar, so the charter school
may inform parents of the seminar.
(2) The State Board of Education shall:
(a) develop a curriculum for the parent seminar described in Subsection (1) that
includes information on:
(i) substance abuse, including illegal drugs and prescription drugs and prevention;
(ii) bullying;
(iii) mental health, depression, suicide awareness, and suicide prevention, including
education on limiting access to fatal means;
(iv) Internet safety, including pornography addiction; and
(v) the School Safety and Crisis Line established in Section [
53A-11-1503
]
53E-10-502
; and
(b) provide the curriculum, including resources and training, to school districts upon
request.
(3) The State Board of Education shall report to the Legislature's Education Interim
Committee, by the October 2015 meeting, on:
(a) the progress of implementation of the parent seminar;
(b) the number of parent seminars conducted in each school district;
(c) the estimated attendance reported by each school district;
(d) a recommendation of whether to continue the parent seminar program; and
(e) if a local school board has opted out of providing the parent seminar, as described
in Subsection (4), the reasons why a local school board opted out.
(4) (a) A school district is not required to offer the parent seminar if the local school
board determines that the topics described in Subsection (2) are not of significant interest or
value to families in the school district.
(b) If a local school board chooses not to offer the parent seminar, the local school
board shall notify the State Board of Education and provide the reasons why the local school
board chose not to offer the parent seminar.
Section 334. Section 
53G-9-704
, which is renumbered from Section 53A-15-1304 is
renumbered and amended to read:
[
53A-15-1304
].
 53G-9-704.
Youth suicide prevention training for employees.
(1) A school district or charter school shall require a licensed employee to complete
two hours of professional development training on youth suicide prevention within the
employee's license cycle described in Section [
53A-6-104
] 
53E-6-201
.
(2) The board shall:
(a) develop or adopt sample materials to be used by a school district or charter school
for professional development training on youth suicide prevention; and
(b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, incorporate the training described in Subsection (1) into professional
development training described in Section [
53A-6-104
] 
53E-6-201
.
Section 335. Section 
53G-9-801
, which is renumbered from Section 53A-15-1902 is
renumbered and amended to read:
Part 8. Dropout Prevention and Recovery and Remediation Programs
[
53A-15-1902
].
 53G-9-801.
Definitions.
As used in [
this part
] 
Section 
53G-9-802
:
(1) "Attainment goal" means earning:
(a) a high school diploma;
(b) a Utah High School Completion Diploma, as defined in State Board of Education
rule;
(c) an Adult Education Secondary Diploma, as defined in State Board of Education
rule; or
(d) an employer-recognized, industry-based certificate that is:
(i) likely to result in job placement; and
(ii) included in the State Board of Education's approved career and technical education
industry certification list.
(2) "Cohort" means a group of students, defined by the year in which the group enters
grade 9.
(3) "Designated student" means a student:
(a) (i) who has withdrawn from an LEA before earning a diploma;
(ii) who has been dropped from average daily membership; and
(iii) whose cohort has not yet graduated; or
(b) who is at risk of meeting the criteria described in Subsection (3)(a), as determined
by the student's LEA, using risk factors defined in rules made by the State Board of Education
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) "Graduation rate" means:
(a) for a school district or a charter school that includes grade 12, the graduation rate
calculated by the State Board of Education for federal accountability and reporting purposes; or
(b) for a charter school that does not include grade 12, a proxy graduation rate defined
in rules made by the State Board of Education in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act. 
(5) "Local education agency" or "LEA" means a school district or charter school that
serves students in grade 9, 10, 11, or 12.
(6) "Nontraditional program" means a program, as defined in rules made by the State
Board of Education under Subsection [
53A-1-402
] 
53E-3-501
(1)(e), in which a student
receives instruction through:
(a) distance learning;
(b) online learning;
(c) blended learning; or
(d) competency-based learning.
(7) "Statewide graduation rate" means:
(a) for a school district or a charter school that includes grade 12, the statewide
graduation rate, as annually calculated by the State Board of Education; or
(b) for a charter school that does not include grade 12, the average graduation rate for
all charter schools that do not include grade 12. 
(8) "Third party" means:
(a) a private provider; or
(b) an LEA that does not meet the criteria described in Subsection [
53A-15-1903
]
53G-9-802
(3).
Section 336. Section 
53G-9-802
, which is renumbered from Section 53A-15-1903 is
renumbered and amended to read:
[
53A-15-1903
].
 53G-9-802.
Dropout prevention and recovery -- Flexible
enrollment options -- Contracting -- Reporting.
(1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
recovery services to a designated student, including:
(i) engaging with or attempting to recover a designated student;
(ii) developing a learning plan, in consultation with a designated student, to identify:
(A) barriers to regular school attendance and achievement;
(B) an attainment goal; and
(C) a means for achieving the attainment goal through enrollment in one or more of the
programs described in Subsection (2);
(iii) monitoring a designated student's progress toward reaching the designated
student's attainment goal; and
(iv) providing tiered interventions for a designated student who is not making progress
toward reaching the student's attainment goal.
(b) An LEA shall provide the dropout prevention and recovery services described in
Subsection (1)(a):
(i) throughout the calendar year; and
(ii) except as provided in Subsection (1)(c)(i), for each designated student who
becomes a designated student while enrolled in the LEA.
(c) (i) A designated student's school district of residence shall provide dropout recovery
services if the designated student:
(A) was enrolled in a charter school that does not include grade 12; and
(B) becomes a designated student in the summer after the student completes academic
instruction at the charter school through the maximum grade level the charter school is eligible
to serve under the charter school's charter agreement as described in Section [
53A-1a-508
]
53G-5-303
.
(ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
grade 12 shall notify each of the charter school's student's district of residence, as determined
under Section [
53A-2-201
] 
53G-6-302
, when the student completes academic instruction at the
charter school as described in Subsection (1)(c)(i)(B).
(iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
contact information, and student identification number. 
(2) (a) An LEA shall provide flexible enrollment options for a designated student that:
(i) are tailored to the designated student's learning plan developed under Subsection
(1)(a)(ii); and
(ii) include two or more of the following:
(A) enrollment in the LEA in a traditional program;
(B) enrollment in the LEA in a nontraditional program;
(C) enrollment in a program offered by a private provider that has entered into a
contract with the LEA to provide educational services; or
(D) enrollment in a program offered by another LEA.
(b) A designated student may enroll in:
(i) a program offered by the LEA under Subsection (2)(a), in accordance with this
[
Title 53A, State System of Public Education,
] 
public education code,
 rules established by the
State Board of Education, and policies established by the LEA;
(ii) the Electronic High School, in accordance with [
Part 10, Electronic High School
Act
] 
Title 53E, Chapter 10, Part 6, Electronic High School
; or
[
(ii)
] 
(iii)
 the Statewide Online Education Program, in accordance with [
Part 12
] 
Title
53F, Chapter 4, Part 5
, Statewide Online Education Program [
Act
].
(c) An LEA shall make the LEA's best effort to accommodate a designated student's
choice of enrollment under Subsection (2)(b).
(3) Beginning with the 2017-18 school year and except as provided in Subsection (4),
an LEA shall enter into a contract with a third party to provide the dropout prevention and
recovery services described in Subsection (1)(a) for any school year in which the LEA meets
the following criteria:
(a) the LEA's graduation rate is lower than the statewide graduation rate; and
(b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
previous three school years; or
(ii) during the previous calendar year, at least 10% of the LEA's designated students
have not:
(A) reached the students' attainment goals; or
(B) made a year's worth of progress toward the students' attainment goals.
(4) An LEA that is in the LEA's first three years of operation is not subject to the
requirement described in Subsection (3).
(5) An LEA described in Subsection (3) shall ensure that:
(a) a third party with whom the LEA enters into a contract under Subsection (3) has a
demonstrated record of effectiveness engaging with and recovering designated students; and
(b) a contract with a third party requires the third party to:
(i) provide the services described in Subsection (1)(a); and
(ii) regularly report progress to the LEA.
(6) An LEA shall annually submit a report to the State Board of Education on dropout
prevention and recovery services provided under this section, including:
(a) the methods the LEA or third party uses to engage with or attempt to recover
designated students under Subsection (1)(a)(i);
(b) the number of designated students who enroll in a program described in Subsection
(2) as a result of the efforts described in Subsection (6)(a);
(c) the number of designated students who reach the designated students' attainment
goals identified under Subsection (1)(a)(ii)(B); and
(d) funding allocated to provide dropout prevention and recovery services.
(7) The State Board of Education shall:
(a) ensure that an LEA described in Subsection (3) contracts with a third party to
provide dropout prevention and recovery services in accordance with Subsections (3) and (5);
and
(b) on or before October 30, 2017, and each year thereafter, report to the Education
Interim Committee on the provisions of this section, including a summary of the reports
submitted under Subsection (6).
Section 337. Section 
53G-9-803
, which is renumbered from Section 53A-13-104 is
renumbered and amended to read:
[
53A-13-104
].
 53G-9-803.
Remediation programs for secondary students.
(1) For purposes of this section:
(a) "Secondary school" means a school that provides instruction to students in grades 7,
8, 9, 10, 11, or 12.
(b) "Secondary school student":
(i) means a student enrolled in a secondary school; and
(ii) includes a student in grade 6 if the student attends a secondary school.
(2) A school district or charter school shall implement programs for secondary school
students to attain the competency levels and graduation requirements established by the State
Board of Education.
(3) (a) A school district or charter school shall establish remediation programs for
secondary school students who do not meet competency levels in English, mathematics,
science, or social studies.
(b) Participation in the programs is mandatory for secondary school students who fail
to meet the competency levels based on classroom performance.
(4) Secondary school students who require remediation under this section may not be
advanced to the following class in subject sequences until they meet the required competency
level for the subject or complete the required remediation program, except that a school district
or charter school may allow secondary school students requiring remediation who would
otherwise be scheduled to enter their first year of high school to complete their remediation
program during that first year.
(5) (a) Remediation programs provided under this section should not be unnecessarily
lengthy or repetitive.
(b) A secondary school student need not repeat an entire class if remediation can
reasonably be achieved through other means.
(6) A school district or charter school may charge secondary school students a fee to
participate in the remediation programs.
Section 338. Section 
53G-10-101
 is enacted to read:
CHAPTER 10. CURRICULUM PARTICIPATION AND REQUIREMENTS
Part 1. General Provisions
 53G-10-101.
Title.
This chapter is known as "Curriculum Participation and Requirements."
Section 339. Section 
53G-10-102
 is enacted to read:
 53G-10-102.
Definitions.
Reserved
Section 340. Section 
53G-10-201
 is enacted to read:
Part 2. General Requirements and Participation
 53G-10-201.
Definitions.
Reserved
Section 341. Section 
53G-10-202
, which is renumbered from Section 53A-13-101.1 is
renumbered and amended to read:
[
53A-13-101.1
].
 53G-10-202.
Maintaining constitutional freedom in the
public schools.
(1) Any instructional activity, performance, or display which includes examination of
or presentations about religion, political or religious thought or expression, or the influence
thereof on music, art, literature, law, politics, history, or any other element of the curriculum,
including the comparative study of religions, which is designed to achieve secular educational
objectives included within the context of a course or activity and conducted in accordance with
applicable rules of the state and local boards of education, may be undertaken in the public
schools.
(2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
be included within or excluded from public school curricula for the primary reason that it
affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
of a spiritual realm or supreme being.
(3) Public schools may not sponsor prayer or religious devotionals.
(4) School officials and employees may not use their positions to endorse, promote, or
disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
viewpoint.
Section 342. Section 
53G-10-203
, which is renumbered from Section 53A-13-101.3 is
renumbered and amended to read:
[
53A-13-101.3
].
 53G-10-203.
Expressions of belief -- Discretionary time.
(1) Expression of personal beliefs by a student participating in school-directed
curricula or activities may not be prohibited or penalized unless the expression unreasonably
interferes with order or discipline, threatens the well-being of persons or property, or violates
concepts of civility or propriety appropriate to a school setting.
(2) (a) As used in this section, "discretionary time" means noninstructional time during
which a student is free to pursue personal interests.
(b) Free exercise of voluntary religious practice or freedom of speech by students
during discretionary time shall not be denied unless the conduct unreasonably interferes with
the ability of school officials to maintain order and discipline, unreasonably endangers persons
or property, or violates concepts of civility or propriety appropriate to a school setting.
(3) Any limitation under Sections [
53A-13-101.2
 and 
53A-13-101.3
] 
53G-10-203
 and
53G-10-205
 on student expression, practice, or conduct shall be by the least restrictive means
necessary to satisfy the school's interests as stated in those sections, or to satisfy another
specifically identified compelling governmental interest.
Section 343. Section 
53G-10-204
, which is renumbered from Section 53A-13-109 is
renumbered and amended to read:
[
53A-13-109
].
 53G-10-204.
Civic and character education -- Definitions --
Legislative finding -- Elements -- Reporting requirements.
(1) As used in this section:
(a) "Character education" means reaffirming values and qualities of character which
promote an upright and desirable citizenry.
(b) "Civic education" means the cultivation of informed, responsible participation in
10000 political life by competent citizens committed to the fundamental values and principles of
10001 representative democracy in Utah and the United States.
10002 (c) "Values" means time-established principles or standards of worth.
10003 (2) The Legislature recognizes that:
10004 (a) Civic and character education are fundamental elements of the public education
10005 system's core mission as originally intended and established under Article X of the Utah
10006 Constitution;
10007 (b) Civic and character education are fundamental elements of the constitutional
10008 responsibility of public education and shall be a continuing emphasis and focus in public
10009 schools;
10010 (c) the cultivation of a continuing understanding and appreciation of a constitutional
10011 republic and principles of representative democracy in Utah and the United States among
10012 succeeding generations of educated and responsible citizens is important to the nation and
10013 state;
10014 (d) the primary responsibility for the education of children within the state resides with
10015 their parents or guardians and that the role of state and local governments is to support and
10016 assist parents in fulfilling that responsibility;
10017 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
10018 informed and responsible citizens who are deeply attached to essential democratic values and
10019 institutions; and
10020 (f) the happiness and security of American society relies upon the public virtue of its
10021 citizens which requires a united commitment to a moral social order where self-interests are
10022 willingly subordinated to the greater common good.
10023 (3) Through an integrated curriculum, students shall be taught in connection with
10024 regular school work:
10025 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
10026 (b) respect for and an understanding of the Declaration of Independence and the
10027 constitutions of the United States and of the state of Utah;
10028 (c) Utah history, including territorial and preterritorial development to the present;
10029 (d) the essentials and benefits of the free enterprise system;
10030 (e) respect for parents, home, and family;
10031 (f) the dignity and necessity of honest labor; and
10032 (g) other skills, habits, and qualities of character which will promote an upright and
10033 desirable citizenry and better prepare students to recognize and accept responsibility for
10034 preserving and defending the blessings of liberty inherited from prior generations and secured
10035 by the constitution.
10036 (4) Local school boards and school administrators may provide training, direction, and
10037 encouragement, as needed, to accomplish the intent and requirements of this section and to
10038 effectively emphasize civic and character education in the course of regular instruction in the
10039 public schools.
10040 (5) Civic and character education in public schools are:
10041 (a) not intended to be separate programs in need of special funding or added specialists
10042 to be accomplished; and
10043 (b) core principles which reflect the shared values of the citizens of Utah and the
10044 founding principles upon which representative democracy in the United States and the state of
10045 Utah are based.
10046 (6) To assist the Commission on Civic and Character Education in fulfilling the
10047 commission's duties under Section 
67-1a-11
, by December 30 of each year, each school district
10048 and the State Charter School Board shall submit to the lieutenant governor and the commission
10049 a report summarizing how civic and character education are achieved in the school district or
10050 charter schools through an integrated school curriculum and in the regular course of school
10051 work as provided in this section.
10052 (7) Each year, the State Board of Education shall report to the Education Interim
10053 Committee, on or before the October meeting, the methods used, and the results being
10054 achieved, to instruct and prepare students to become informed and responsible citizens through
10055 an integrated curriculum taught in connection with regular school work as required in this
10056 section.
10057 Section 344. Section 
53G-10-205
, which is renumbered from Section 53A-13-101.2 is
10058 renumbered and amended to read:
10059 
[
53A-13-101.2
].
 53G-10-205.
Waivers of participation.
10060 (1) As used in this section:
10061 [
(a) (i) "Human sexuality instruction" means any course material, unit, class, lesson,
10062 
activity, or presentation that, as the focus of the discussion, provides instruction or information
10063 
to a student about:
]
10064 [
(A) sexual abstinence;
]
10065 [
(B) human sexuality;
]
10066 [
(C) human reproduction;
]
10067 [
(D) reproductive anatomy;
]
10068 [
(E) physiology;
]
10069 [
(F) pregnancy;
]
10070 [
(G) marriage;
]
10071 [
(H) childbirth;
]
10072 [
(I) parenthood;
]
10073 [
(J) contraception;
]
10074 [
(K) HIV/AIDS; or
]
10075 [
(L) sexually transmitted diseases.
]
10076 [
(ii) "Human sexuality instruction" does not include child sexual abuse prevention
10077 
instruction described in Section 
53A-13-112
.
]
10078 [
(b)
] 
(a)
 "Parent" means a parent or legal guardian.
10079 [
(c)
] 
(b)
 "School" means a public school.
10080 (2) If a parent of a student, or a secondary student, determines that the student's
10081 participation in a portion of the curriculum or in an activity would require the student to affirm
10082 or deny a religious belief or right of conscience, or engage or refrain from engaging in a
10083 practice forbidden or required in the exercise of a religious right or right of conscience, the
10084 parent or the secondary student may request:
10085 (a) a waiver of the requirement to participate; or
10086 (b) a reasonable alternative that requires reasonably equivalent performance by the
10087 student of the secular objectives of the curriculum or activity in question.
10088 (3) The school shall promptly notify a student's parent if the secondary student makes a
10089 request under Subsection (2).
10090 (4) If a request is made under Subsection (2), the school shall:
10091 (a) waive the participation requirement;
10092 (b) provide a reasonable alternative to the requirement; or
10093 (c) notify the requesting party that participation is required.
10094 (5) The school shall ensure that the provisions of Subsection [
53A-13-101.3
]
10095 
53G-10-203
(3) are met in connection with any required participation under Subsection (4)(c).
10096 [
(6) A school shall obtain prior written consent from a student's parent before the
10097 
school may provide human sexuality instruction to the student.
]
10098 [
(7) If a student's parent chooses not to have the student participate in human sexuality
10099 
instruction, a school shall:
]
10100 [
(a) waive the requirement for the student to participate in the human sexuality
10101 
instruction; or
]
10102 [
(b) provide the student with a reasonable alternative to the human sexuality instruction
10103 
requirement.
]
10104 [
(8) In cooperation with the student's teacher or school, a parent shall take
10105 
responsibility for the parent's student's human sexuality instruction if a school:
]
10106 [
(a) waives the student's human sexuality instruction requirement in Subsection (7)(a);
10107 
or
]
10108 [
(b) provides the student with a reasonable alternative to the human sexuality
10109 
instruction requirement described in Subsection (7)(b).
]
10110 [
(9)
] 
(6)
 A student's academic or citizenship performance may not be penalized if[
: (a)
]
10111 the secondary student or the student's parent chooses to exercise a religious right or right of
10112 conscience in accordance with the provisions of this section[
; or
]
.
10113 [
(b) the student's parent chooses not to have the student participate in human sexuality
10114 
instruction as described in Subsection (7).
]
10115 Section 345. Section 
53G-10-301
 is enacted to read:
10116 
Part 3. Miscellaneous Curriculum Requirements
10117 
 53G-10-301.
Definitions.
10118 
Reserved
10119 Section 346. Section 
53G-10-302
, which is renumbered from Section 53A-13-101.4 is
10120 renumbered and amended to read:
10121 
[
53A-13-101.4
].
 53G-10-302.
Instruction in American history and
10122 
government -- Study and posting of American heritage documents.
10123 (1) The Legislature recognizes that a proper understanding of American history and
10124 government is essential to good citizenship, and that the public schools are the primary public
10125 institutions charged with responsibility for assisting children and youth in gaining that
10126 understanding.
10127 (2) (a) The State Board of Education and local school boards shall periodically review
10128 school curricula and activities to ensure that effective instruction in American history and
10129 government is taking place in the public schools.
10130 (b) The boards shall solicit public input as part of the review process.
10131 (c) Instruction in American history and government shall include a study of:
10132 (i) forms of government, such as a republic, a pure democracy, a monarchy, and an
10133 oligarchy;
10134 (ii) political philosophies and economic systems, such as socialism, individualism, and
10135 free market capitalism; and
10136 (iii) the United States' form of government, a compound constitutional republic.
10137 (3) School curricula and activities shall include a thorough study of historical
10138 documents such as:
10139 (a) the Declaration of Independence;
10140 (b) the United States Constitution;
10141 (c) the national motto;
10142 (d) the pledge of allegiance;
10143 (e) the national anthem;
10144 (f) the Mayflower Compact;
10145 (g) the writings, speeches, documents, and proclamations of the Founders and the
10146 Presidents of the United States;
10147 (h) organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and
10148 post Federalist eras;
10149 (i) United States Supreme Court decisions;
10150 (j) Acts of the United States Congress, including the published text of the
10151 Congressional Record; and
10152 (k) United States treaties.
10153 (4) To increase student understanding of, and familiarity with, American historical
10154 documents, public schools may display historically important excerpts from, or copies of, those
10155 documents in school classrooms and common areas as appropriate.
10156 (5) There shall be no content-based censorship of American history and heritage
10157 documents referred to in this section due to their religious or cultural nature.
10158 (6) Public schools shall display "In God we trust," which is declared in 36 U.S.C. 302
10159 to be the national motto of the United States, in one or more prominent places within each
10160 school building.
10161 Section 347. Section 
53G-10-303
, which is renumbered from Section 53A-13-101.5 is
10162 renumbered and amended to read:
10163 
[
53A-13-101.5
].
 53G-10-303.
Teaching of American sign language.
10164 (1) The Legislature recognizes that American sign language is a fully developed,
10165 autonomous, natural language with distinct grammar, syntax, and art forms.
10166 (2) American sign language shall be accorded equal status with other linguistic systems
10167 in the state's public and higher education systems.
10168 (3) The State Board of Education, in consultation with the state's school districts and
10169 members of the deaf and hard of hearing community, shall develop and implement policies and
10170 procedures for the teaching of American sign language in the state's public education system at
10171 least at the middle school or high school level.
10172 (4) A student may count credit received for completion of a course in American sign
10173 language at the middle school or high school level toward the satisfaction of a foreign language
10174 requirement in the public education system under rules made by the State Board of Education.
10175 (5) The State Board of Regents, in consultation with the state's public institutions of
10176 higher education and members of the state's deaf and hard of hearing community, shall develop
10177 and implement policies and procedures for offering instruction in American sign language in
10178 the state's system of higher education.
10179 (6) The Joint Liaison Committee, in consultation with members of the state's deaf and
10180 hard of hearing community, shall review any policies and procedures developed under this
10181 section and make recommendations to either or both boards regarding the policies.
10182 Section 348. Section 
53G-10-304
, which is renumbered from Section 53A-13-101.6 is
10183 renumbered and amended to read:
10184 
[
53A-13-101.6
].
 53G-10-304.
Instruction on the flag of the United States of
10185 
America.
10186 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
10187 State Board of Education shall provide by rule for a program of instruction within the public
10188 schools relating to the flag of the United States.
10189 (2) The instruction shall include the history of the flag, etiquette, customs pertaining to
10190 the display and use of the flag, and other patriotic exercises as provided by 4 U.S.C. Secs. 1 to
10191 10.
10192 (3) (a) The pledge of allegiance to the flag shall be recited once at the beginning of
10193 each day in each public school classroom in the state, led by a student in the classroom, as
10194 assigned by the classroom teacher on a rotating basis.
10195 (b) Each student shall be informed by posting a notice in a conspicuous place that the
10196 student has the right not to participate in reciting the pledge.
10197 (c) A student shall be excused from reciting the pledge upon written request from the
10198 student's parent or legal guardian.
10199 (d) (i) At least once a year students shall be instructed that:
10200 (A) participation in the pledge of allegiance is voluntary and not compulsory; and
10201 (B) not only is it acceptable for someone to choose not to participate in the pledge of
10202 allegiance for religious or other reasons, but students should show respect for any student who
10203 chooses not to participate.
10204 (ii) A public school teacher shall strive to maintain an atmosphere among students in
10205 the classroom that is consistent with the principles described in Subsection (3)(d)(i).
10206 Section 349. Section 
53G-10-305
 is enacted to read:
10207 
 53G-10-305.
Financial education information.
10208 
A public school shall provide the following to the parents or guardian of a kindergarten
10209 
student during kindergarten enrollment:
10210 
(1) a financial and economic literacy passport, as defined in Section 
53E-3-505
; and
10211 
(2) information about higher education savings options, including information about
10212 
opening a Utah Educational Savings Plan account.
10213 Section 350. Section 
53G-10-401
 is enacted to read:
10214 
Part 4. Health Curriculum Requirements
10215 
 53G-10-401.
Definitions.
10216 
Reserved
10217 Section 351. Section 
53G-10-402
, which is renumbered from Section 53A-13-101 is
10218 renumbered and amended to read:
10219 
[
53A-13-101
].
 53G-10-402.
Instruction in health -- Parental consent
10220 
requirements -- Conduct and speech of school employees and volunteers -- Political and
10221 
religious doctrine prohibited.
10222 (1) (a) The State Board of Education shall establish curriculum requirements under
10223 Section [
53A-1-402
,
] 
53E-3-501
 that include instruction in:
10224 (i) community and personal health;
10225 (ii) physiology;
10226 (iii) personal hygiene; and
10227 (iv) prevention of communicable disease.
10228 (b) (i) That instruction shall stress:
10229 (A) the importance of abstinence from all sexual activity before marriage and fidelity
10230 after marriage as methods for preventing certain communicable diseases; and
10231 (B) personal skills that encourage individual choice of abstinence and fidelity.
10232 (ii) (A) At no time may instruction be provided, including responses to spontaneous
10233 questions raised by students, regarding any means or methods that facilitate or encourage the
10234 violation of any state or federal criminal law by a minor or an adult.
10235 (B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
10236 spontaneous question as long as the response is consistent with the provisions of this section.
10237 (c) (i) The board shall recommend instructional materials for use in the curricula
10238 required under Subsection (1)(a) after considering evaluations of instructional materials by the
10239 State Instructional Materials Commission.
10240 (ii) A local school board may choose to adopt:
10241 (A) the instructional materials recommended under Subsection (1)(c)(i); or
10242 (B) other instructional materials as provided in state board rule.
10243 (iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at a
10244 minimum:
10245 (A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B)
10246 shall be based upon recommendations of the school district's Curriculum Materials Review
10247 Committee that comply with state law and state board rules emphasizing abstinence before
10248 marriage and fidelity after marriage, and prohibiting instruction in:
10249 (I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
10250 (II) the advocacy of premarital or extramarital sexual activity; or
10251 (III) the advocacy or encouragement of the use of contraceptive methods or devices;
10252 (IV) the advocacy of sexual activity outside of marriage;
10253 (B) that the adoption of instructional materials shall take place in an open and regular
10254 meeting of the local school board for which prior notice is given to parents and guardians of
10255 students attending schools in the district and an opportunity for them to express their views and
10256 opinions on the materials at the meeting;
10257 (C) provision for an appeal and review process of the local school board's decision; and
10258 (D) provision for a report by the local school board to the State Board of Education of
10259 the action taken and the materials adopted by the local school board under Subsections
10260 (1)(c)(ii)(B) and (1)(c)(iii).
10261 (2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
10262 systematic in grades eight through 12.
10263 (b) At the request of the board, the Department of Health shall cooperate with the
10264 board in developing programs to provide instruction in those areas.
10265 (3) (a) The board shall adopt rules that:
10266 (i) provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
10267 are complied with; and
10268 (ii) require a student's parent or legal guardian to be notified in advance and have an
10269 opportunity to review the information for which parental consent is required under Sections
10270 
76-7-322
 and 
76-7-323
.
10271 (b) The board shall also provide procedures for disciplinary action for violation of
10272 Section 
76-7-322
 or 
76-7-323
.
10273 (4) (a) In keeping with the requirements of Section [
53A-13-109
] 
53G-10-204
, and
10274 because school employees and volunteers serve as examples to their students, school
10275 employees or volunteers acting in their official capacities may not support or encourage
10276 criminal conduct by students, teachers, or volunteers.
10277 (b) To ensure the effective performance of school personnel, the limitations described
10278 in Subsection (4)(a) also apply to school employees or volunteers acting outside of their official
10279 capacities if:
10280 (i) they knew or should have known that their action could result in a material and
10281 substantial interference or disruption in the normal activities of the school; and
10282 (ii) that action does result in a material and substantial interference or disruption in the
10283 normal activities of the school.
10284 (c) Neither the State Board of Education nor local school districts may allow training
10285 of school employees or volunteers that supports or encourages criminal conduct.
10286 (d) The State Board of Education shall adopt rules implementing this section.
10287 (e) Nothing in this section limits the ability or authority of the State Board of
10288 Education and local school boards to enact and enforce rules or take actions that are otherwise
10289 lawful, regarding educators', employees', or volunteers' qualifications or behavior evidencing
10290 unfitness for duty.
10291 (5) Except as provided in Section [
53A-13-101.1
] 
53G-10-202
, political, atheistic,
10292 sectarian, religious, or denominational doctrine may not be taught in the public schools.
10293 (6) (a) Local school boards and their employees shall cooperate and share
10294 responsibility in carrying out the purposes of this chapter.
10295 (b) Each school district shall provide appropriate inservice training for its teachers,
10296 counselors, and school administrators to enable them to understand, protect, and properly
10297 instruct students in the values and character traits referred to in this section and Sections
10298 
[
53A-13-101.1
, 
53A-13-101.2
, 
53A-13-101.3
, 
53A-13-109
, 
53A-13-301
, and 
53A-13-302
]
10299 
53E-9-202
, 
53E-9-203
, 
53G-10-202
, 
53G-10-203
, 
53G-10-204
, and 
53G-10-205
,
 and distribute
10300 appropriate written materials on the values, character traits, and conduct to each individual
10301 receiving the inservice training.
10302 (c) The written materials shall also be made available to classified employees, students,
10303 and parents and guardians of students.
10304 (d) In order to assist school districts in providing the inservice training required under
10305 Subsection (6)(b), the State Board of Education shall as appropriate, contract with a qualified
10306 individual or entity possessing expertise in the areas referred to in Subsection (6)(b) to develop
10307 and disseminate model teacher inservice programs which districts may use to train the
10308 individuals referred to in Subsection (6)(b) to effectively teach the values and qualities of
10309 character referenced in that subsection.
10310 (e) In accordance with the provisions of Subsection (4)(c), inservice training may not
10311 support or encourage criminal conduct.
10312 (7) If any one or more provision, subsection, sentence, clause, phrase, or word of this
10313 section, or the application thereof to any person or circumstance, is found to be
10314 unconstitutional, the balance of this section shall be given effect without the invalid provision,
10315 subsection, sentence, clause, phrase, or word.
10316 Section 352. Section 
53G-10-403
 is enacted to read:
10317 
 53G-10-403.
Required parental consent for human sexuality instruction.
10318 
(1) As used in this section:
10319 
(a) (i) "Human sexuality instruction" means any course material, unit, class, lesson,
10320 
activity, or presentation that, as the focus of the discussion, provides instruction or information
10321 
to a student about:
10322 
(A) sexual abstinence;
10323 
(B) human sexuality;
10324 
(C) human reproduction;
10325 
(D) reproductive anatomy;
10326 
(E) physiology;
10327 
(F) pregnancy;
10328 
(G) marriage;
10329 
(H) childbirth;
10330 
(I) parenthood;
10331 
(J) contraception;
10332 
(K) HIV/AIDS; or
10333 
(L) sexually transmitted diseases.
10334 
(ii) "Human sexuality instruction" does not include child sexual abuse prevention
10335 
instruction described in Section 
53G-9-207
.
10336 
(b) "Parent" means the same as that term is defined in Section 
53G-10-205
.
10337 
(c) "School" means the same as that term is defined in Section 
53G-10-205
.
10338 
(2) A school shall obtain prior written consent from a student's parent before the school
10339 
may provide human sexuality instruction to the student.
10340 
(3) If a student's parent chooses not to have the student participate in human sexuality
10341 
instruction, a school shall:
10342 
(a) waive the requirement for the student to participate in the human sexuality
10343 
instruction; or
10344 
(b) provide the student with a reasonable alternative to the human sexuality instruction
10345 
requirement.
10346 
(4) In cooperation with the student's teacher or school, a parent shall take responsibility
10347 
for the parent's student's human sexuality instruction if a school:
10348 
(a) waives the student's human sexuality instruction requirement in Subsection (3)(a);
10349 
or
10350 
(b) provides the student with a reasonable alternative to the human sexuality
10351 
instruction requirement described in Subsection (3)(b).
10352 
(5) A student's academic or citizenship performance may not be penalized if the
10353 
student's parent chooses not to have the student participate in human sexuality instruction as
10354 
described in Subsection (3).
10355 Section 353. Section 
53G-10-404
, which is renumbered from Section 53A-13-107 is
10356 renumbered and amended to read:
10357 
[
53A-13-107
].
 53G-10-404.
Adoption information.
10358 (1) For a school year beginning with or after the 2012-13 school year, a local school
10359 board shall ensure that an annual presentation on adoption is given to its secondary school
10360 students in grades 7-12, so that each student receives the presentation at least once during
10361 grades 7-9 and at least once during grades 10-12.
10362 (2) The presentation shall be made by a licensed teacher as part of the health education
10363 core.
10364 Section 354. Section 
53G-10-405
, which is renumbered from Section 53A-13-102 is
10365 renumbered and amended to read:
10366 
[
53A-13-102
].
 53G-10-405.
Instruction on the harmful effects of alcohol,
10367 
tobacco, and controlled substances -- Rulemaking authority -- Assistance from the
10368 
Division of Substance Abuse and Mental Health.
10369 (1) The State Board of Education shall adopt rules providing for instruction at each
10370 grade level on the harmful effects of alcohol, tobacco, and controlled substances upon the
10371 human body and society. The rules shall require but are not limited to instruction on the
10372 following:
10373 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
10374 alcohol, tobacco, and controlled substances;
10375 (b) directing students towards healthy and productive alternatives to the use of alcohol,
10376 tobacco, and controlled substances; and
10377 (c) discouraging the use of alcohol, tobacco, and controlled substances.
10378 (2) At the request of the board, the Division of Substance Abuse and Mental Health
10379 shall cooperate with the board in developing programs to provide this instruction.
10380 (3) The board shall participate in efforts to enhance communication among community
10381 organizations and state agencies, and shall cooperate with those entities in efforts which are
10382 compatible with the purposes of this section.
10383 Section 355. Section 
53G-10-406
, which is renumbered from Section 53A-13-113 is
10384 renumbered and amended to read:
10385 
[
53A-13-113
].
 53G-10-406.
Underage Drinking Prevention Program --
10386 
State Board of Education rules.
10387 (1) As used in this section:
10388 (a) "Advisory council" means the Underage Drinking Prevention Program Advisory
10389 Council created in this section.
10390 (b) "Board" means the State Board of Education.
10391 (c) "LEA" means:
10392 (i) a school district;
10393 (ii) a charter school; or
10394 (iii) the Utah Schools for the Deaf and the Blind.
10395 (d) "Program" means the Underage Drinking Prevention Program created in this
10396 section.
10397 (e) "School-based prevention presentation" means an evidence-based program intended
10398 for students aged 13 and older that:
10399 (i) is aimed at preventing underage consumption of alcohol;
10400 (ii) is delivered by methods that engage students in storytelling and visualization;
10401 (iii) addresses the behavioral risk factors associated with underage drinking; and
10402 (iv) provides practical tools to address the dangers of underage drinking.
10403 (2) There is created the Underage Drinking Prevention Program that consists of:
10404 (a) a school-based prevention presentation for students in grade 8; and
10405 (b) a school-based prevention presentation for students in grade 10 that increases
10406 awareness of the dangers of driving under the influence of alcohol.
10407 (3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
10408 school year to each student in grade 8 and grade 10.
10409 (b) An LEA shall select from the providers qualified by the board under Subsection (6)
10410 to offer the program.
10411 (4) The board shall administer the program with input from the advisory council.
10412 (5) There is created the Underage Drinking Prevention Program Advisory Council
10413 comprised of the following members:
10414 (a) the executive director of the Department of Alcoholic Beverage Control or the
10415 executive director's designee;
10416 (b) the executive director of the Department of Health or the executive director's
10417 designee;
10418 (c) the director of the Division of Substance Abuse and Mental Health or the director's
10419 designee;
10420 (d) the director of the Division of Child and Family Services or the director's designee;
10421 (e) the director of the Division of Juvenile Justice Services or the director's designee;
10422 (f) the state superintendent of public instruction or the state superintendent of public
10423 instruction's designee; and
10424 (g) two members of the State Board of Education, appointed by the chair of the State
10425 Board of Education.
10426 (6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
10427 shall qualify one or more providers to provide the program to an LEA.
10428 (b) In selecting a provider described in Subsection (6)(a), the board shall consider:
10429 (i) whether the provider's program complies with the requirements described in this
10430 section;
10431 (ii) the extent to which the provider's underage drinking prevention program aligns
10432 with core standards for Utah public schools; and
10433 (iii) the provider's experience in providing a program that is effective at reducing
10434 underage drinking.
10435 (7) (a) The board shall use money from the Underage Drinking Prevention Program
10436 Restricted Account described in Section [
53A-13-114
] 
53F-9-304
 for the program.
10437 (b) The board may use money from the Underage Drinking Prevention Program
10438 Restricted Account to fund up to .5 of a full-time equivalent position to administer the
10439 program.
10440 (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
10441 board shall make rules that:
10442 (a) beginning with the 2018-19 school year, require an LEA to offer the Underage
10443 Drinking Prevention Program each school year to each student in grade 8 and grade 10; and
10444 (b) establish criteria for the board to use in selecting a provider described in Subsection
10445 (6).
10446 Section 356. Section 
53G-10-501
 is enacted to read:
10447 
Part 5. Driver Education Classes
10448 
 53G-10-501.
Definitions.
10449 
Reserved
10450 Section 357. Section 
53G-10-502
, which is renumbered from Section 53A-13-201 is
10451 renumbered and amended to read:
10452 
[
53A-13-201
].
 53G-10-502.
Driver education established by school districts.
10453 (1) As used in this part:
10454 (a) "Driver education" includes classroom instruction and driving and observation in a
10455 dual-controlled motor vehicle.
10456 (b) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
10457 vehicle under the supervision of a certified instructor.
10458 (2) (a) Local school districts may establish and maintain driver education for pupils.
10459 (b) A school or local school district that provides driver education shall provide an
10460 opportunity for each pupil enrolled in that school or local school district to take the written test
10461 when the pupil is 15 years and nine months of age.
10462 (c) Notwithstanding the provisions of Subsection (2)(b), a school or local school
10463 district that provides driver education may provide an opportunity for each pupil enrolled in
10464 that school or school district to take the written test when the pupil is 15 years of age.
10465 (3) The purpose of driver education is to help develop the knowledge, attitudes, habits,
10466 and skills necessary for the safe operation of motor vehicles.
10467 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
10468 State Board of Education shall make rules for driver education offered in the public schools.
10469 (5) The rules under Subsection (4) shall:
10470 (a) require at least one hour of classroom training on the subject of railroad crossing
10471 safety for each driver education pupil; and
10472 (b) establish minimum standards for approved driving ranges under Section
10473 
53-3-505.5
.
10474 (6) The requirements of Section 
53-3-505.5
 apply to any behind-the-wheel driving
10475 training provided as part of driver education offered under this part and used to satisfy the
10476 driver training requirement under Section 
53-3-204
.
10477 Section 358. Section 
53G-10-503
, which is renumbered from Section 53A-13-202 is
10478 renumbered and amended to read:
10479 
[
53A-13-202
].
 53G-10-503.
Driver education funding -- Reimbursement of
10480 
school districts for driver education class expenses -- Limitations -- Excess funds --
10481 
Student fees.
10482 (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver
10483 education shall fund the program solely through:
10484 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
10485 School Fund as created under Section 
41-1a-1205
; and
10486 (ii) student fees collected by each school.
10487 (b) In determining the cost of driver education, a school district may exclude:
10488 (i) the full-time equivalent cost of a teacher for a driver education class taught during
10489 regular school hours; and
10490 (ii) classroom space and classroom maintenance.
10491 (c) A school district may not use any additional school funds beyond those allowed
10492 under Subsection (1)(b) to subsidize driver education.
10493 (2) (a) The state superintendent of public instruction shall, prior to September 2nd
10494 following the school year during which it was expended, or may at earlier intervals during that
10495 school year, reimburse each school district that applied for reimbursement in accordance with
10496 this section.
10497 (b) A school district that maintains driver education classes that conform to this part
10498 and the rules prescribed by the board may apply for reimbursement for the actual cost of
10499 providing the behind-the-wheel and observation training incidental to those classes.
10500 (3) Under the state board's supervision for driver education, a school district may:
10501 (a) employ personnel who are not licensed by the board under Section [
53A-6-104
]
10502 
53E-6-201
; or
10503 (b) contract with private parties or agencies licensed under Section 
53-3-504
 for the
10504 behind-the-wheel phase of the driver education program.
10505 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
10506 Tax Account in the Uniform School Fund and may not exceed:
10507 (a) $100 per student who has completed driver education during the school year;
10508 (b) $30 per student who has only completed the classroom portion in the school or
10509 through the electronic high school during the school year; or
10510 (c) $70 per student who has only completed the behind-the-wheel and observation
10511 portion in the school during the school year.
10512 (5) If the amount of money in the account at the end of a school year is less than the
10513 total of the reimbursable costs, the state superintendent of public instruction shall allocate the
10514 money to each school district in the same proportion that its reimbursable costs bear to the total
10515 reimbursable costs of all school districts.
10516 (6) If the amount of money in the account at the end of any school year is more than the
10517 total of the reimbursement costs provided under Subsection (4), the superintendent may
10518 allocate the excess funds to school districts:
10519 (a) to reimburse each school district that applies for reimbursement of the cost of a fee
10520 waived under Section [
53A-12-103
] 
53G-7-504
 for driver education; and
10521 (b) to aid in the procurement of equipment and facilities which reduce the cost of
10522 behind-the-wheel instruction.
10523 (7) A local school board shall establish the student fee for driver education for the
10524 school district. Student fees shall be reasonably associated with the costs of driver education
10525 that are not otherwise covered by reimbursements and allocations made under this section.
10526 Section 359. Section 
53G-10-504
, which is renumbered from Section 53A-13-203 is
10527 renumbered and amended to read:
10528 
[
53A-13-203
].
 53G-10-504.
Enrollment of private school pupils.
10529 (1) A school district maintaining driver education classes shall allow pupils enrolled in
10530 grades nine to 12 of regularly established private schools located within the school district to
10531 enroll in the most accessible public school in the school district to receive driver education.
10532 (2) Enrollment is on the same terms and conditions as applies to students in public
10533 schools within the district, as such terms and conditions relate to the driver education classes
10534 only. 
10535 Section 360. Section 
53G-10-505
, which is renumbered from Section 53A-13-204 is
10536 renumbered and amended to read:
10537 
[
53A-13-204
].
 53G-10-505.
Reports as to costs of driver training programs.
10538 A local school board seeking reimbursement shall, at the end of each school year and at
10539 other times as designated by the State Board of Education, report the following to the state
10540 superintendent of public instruction:
10541 (1) the costs of providing driver education including a separate accounting for:
10542 (a) course work; and
10543 (b) behind-the-wheel and observation training to students;
10544 (2) the costs of fees waived under Section [
53A-12-103
] 
53G-7-504
 for driver
10545 education including a separate accounting for:
10546 (a) course work; and
10547 (b) behind-the-wheel and observation training to students;
10548 (3) the number of students who completed driver education including a separate
10549 accounting for:
10550 (a) course work; and
10551 (b) behind-the-wheel and observation training to students;
10552 (4) whether or not a passing grade was received; and
10553 (5) any other information the State Board of Education may require for the purpose of
10554 administering this program.
10555 Section 361. Section 
53G-10-506
, which is renumbered from Section 53A-13-205 is
10556 renumbered and amended to read:
10557 
[
53A-13-205
].
 53G-10-506.
Promoting the establishment and maintenance
10558 
of classes -- Payment of costs.
10559 (1) The superintendent of public instruction shall promote the establishment and
10560 maintenance of driver education classes in school districts under rules adopted by the State
10561 Board of Education.
10562 (2) The state board may employ personnel and sponsor experimental programs
10563 considered necessary to give full effect to this program.
10564 (3) The costs of implementing this section shall be paid from the legislative
10565 appropriation to the board made from the Automobile Driver Education Tax Account in the
10566 Uniform School Fund.
10567 Section 362. Section 
53G-10-507
, which is renumbered from Section 53A-13-208 is
10568 renumbered and amended to read:
10569 
[
53A-13-208
].
 53G-10-507.
Driver education teachers certified as license
10570 
examiners.
10571 (1) The Driver License Division of the Department of Public Safety and the State
10572 Board of Education shall establish procedures and standards to certify teachers of driver
10573 education classes under this part to administer written and driving tests.
10574 (2) The division is the certifying authority.
10575 (3) (a) A teacher certified under this section shall give written and driving tests
10576 designed for driver education classes authorized under this part.
10577 (b) The Driver License Division shall, in conjunction with the State Board of
10578 Education, establish minimal standards for the driver education class tests that are at least as
10579 difficult as those required to receive a class D operator's license under Title 53, Chapter 3,
10580 Uniform Driver License Act.
10581 (c) A student who passes the written test but fails the driving test given by a teacher
10582 certified under this section may apply for a learner permit or class D operator's license under
10583 Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
10584 License Division office.
10585 (4) A student shall have a learner permit issued by the Driver License Division under
10586 Section 
53-3-210.5
 in the student's immediate possession at all times when operating a motor
10587 vehicle under this section.
10588 (5) A student who successfully passes the tests given by a certified driver education
10589 teacher under this section satisfies the written and driving parts of the test required for a learner
10590 permit or class D operator's license.
10591 (6) The Driver License Division and the State Board of Education shall establish
10592 procedures to enable school districts to administer or process any tests for students to receive a
10593 learner permit or class D operator's license.
10594 (7) The division and board shall establish the standards and procedures required under
10595 this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative
10596 Rulemaking Act.
10597 Section 363. Section 
53G-10-508
, which is renumbered from Section 53A-13-209 is
10598 renumbered and amended to read:
10599 
[
53A-13-209
].
 53G-10-508.
 Programs authorized -- Minimum standards.
10600 (1) Local school districts may:
10601 (a) allow students to complete the classroom training portion of driver education
10602 through the following programs:
10603 (i) home study; or
10604 (ii) the electronic high school;
10605 (b) provide each parent with driver education instructional materials to assist in parent
10606 involvement with driver education including behind-the-wheel driving materials;
10607 (c) offer driver education outside of school hours in order to reduce the cost of
10608 providing driver education;
10609 (d) offer driver education through community education programs;
10610 (e) offer the classroom portion of driver education in the public schools and allow the
10611 student to complete the behind-the-wheel portion with a private provider:
10612 (i) licensed under Section 
53-3-504
; and
10613 (ii) not associated with the school or under contract with the school under Subsection
10614 [
53A-13-202
] 
53G-10-503
(3); or
10615 (f) any combination of Subsections (1)(a) through (e).
10616 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
10617 State Board of Education shall establish minimum standards for the school-related programs
10618 under Subsection (1).
10619 Section 364. Section 
53G-11-101
 is enacted to read:
10620 
CHAPTER 11. EMPLOYEES
10621 
Part 1. General Provisions
10622 
 53G-11-101.
Title.
10623 
This chapter is known as "Employees."
10624 Section 365. Section 
53G-11-102
 is enacted to read:
10625 
 53G-11-102.
Definitions.
10626 
Reserved
10627 Section 366. Section 
53G-11-201
 is enacted to read:
10628 
Part 2. Miscellaneous Requirements
10629 
 53G-11-201.
Definitions.
10630 
Reserved
10631 Section 367. Section 
53G-11-202
, which is renumbered from Section 53A-3-411 is
10632 renumbered and amended to read:
10633 
[
53A-3-411
].
 53G-11-202.
Employment of school personnel -- Length of
10634 
contract -- Termination for cause -- Individual contract of employment -- Employee
10635 
acknowledgment of liability protection.
10636 (1) A local school board may enter into a written employment contract for a term not to
10637 exceed five years.
10638 (2) Nothing in the terms of the contract shall restrict the power of a local school board
10639 to terminate the contract for cause at any time.
10640 (3) (a) A local school board may not enter into a collective bargaining agreement that
10641 prohibits or limits individual contracts of employment.
10642 (b) Subsection (3)(a) does not apply to an agreement that was entered into before May
10643 5, 2003.
10644 (4) Each local school board shall:
10645 (a) ensure that each employment contract complies with the requirements of Section
10646 
34-32-1.1
;
10647 (b) comply with the requirements of Section 
34-32-1.1
 in employing any personnel,
10648 whether by employment contract or otherwise; and
10649 (c) ensure that at the time an employee enters into an employment contract, the 
10650 employee shall sign a separate document acknowledging that the employee:
10651 (i) has received:
10652 (A) the disclosure required under Subsection 
63A-4-204
(4)(d) if the school district
10653 participates in the Risk Management Fund; or
10654 (B) written disclosure similar to the disclosure required under Section 
63A-4-204
 if the
10655 school district does not participate in the Risk Management Fund; and
10656 (ii) understands the legal liability protection provided to the employee and what is not
10657 covered, as explained in the disclosure.
10658 Section 368. Section 
53G-11-203
, which is renumbered from Section 53A-3-431 is
10659 renumbered and amended to read:
10660 
[
53A-3-431
].
 53G-11-203.
Health insurance mandates.
10661 A local school board and the governing body of a charter school shall include in a
10662 health plan it offers to school district employees, or charter school employees insurance
10663 mandates in accordance with Section 
31A-22-605.5
.
10664 Section 369. Section 
53G-11-204
, which is renumbered from Section 53A-19-401 is
10665 renumbered and amended to read:
10666 
[
53A-19-401
].
 53G-11-204.
Postemployment health insurance benefits
10667 
restrictions -- Definitions -- Restrictions -- Exceptions.
10668 (1) As used in this section:
10669 (a) "Budgetary accounts" means the same as that term is defined in Section 
51-5-3
.
10670 (b) "GASB" means the same as that term is defined in Section 
51-5-3
.
10671 (c) "Liabilities" means the same as that term is defined in Section 
51-5-3
.
10672 (d) "Postemployment" means the same as that term is defined in Section 
51-5-3
.
10673 (e) "Postemployment health insurance benefits" means health insurance benefits:
10674 (i) offered or promised to an employee for the employee's postemployment; or
10675 (ii) continued into postemployment.
10676 (2) Except as provided under Subsection (3), a school district or charter school may not
10677 offer or provide a postemployment health insurance benefit to an employee who begins
10678 employment with the school district or charter school on or after July 1, 2015.
10679 (3) A school district or charter school may offer or provide postemployment health care
10680 insurance to employees if the school district or charter school:
10681 (a) calculates the liabilities associated with postemployment health insurance benefits
10682 by applying GASB standards;
10683 (b) recognizes current payments and all liabilities associated with the postemployment
10684 health insurance benefits in budgetary accounts;
10685 (c) fully funds the annual required contributions associated with the postemployment
10686 health insurance benefits liabilities;
10687 (d) establishes and implements a plan approved by the school district's local school
10688 board or charter school's governing board to catch up on any unfunded liabilities within no
10689 more than 20 years; and
10690 (e) provides for ongoing payments against the postemployment health insurance
10691 liabilities as employees qualify for receiving the postemployment health insurance benefits.
10692 (4) (a) Except as provided in Subsection (4)(b), if in a fiscal year, a school district or
10693 charter school fails to fully fund the annual required contributions described in Subsection
10694 (3)(c), the school district or charter school may not offer or provide a postemployment health
10695 insurance benefit for new employees beginning on the first day of that fiscal year.
10696 (b) The provisions of Subsection (4)(a) do not apply if:
10697 (i) for a school district only, the school district is imposing the maximum allowed local
10698 school board levy under Section [
53A-17a-164
] 
53F-8-302
;
10699 (ii) the school district or charter school fully funds the annual required contributions,
10700 including any missed contributions, by the end of the fiscal year following the fiscal year of
10701 inadequate funding; or
10702 (iii) no increase was approved by the Legislature in the weighted pupil unit as defined
10703 in Section [
53A-17a-103
] 
53F-2-102
 for the fiscal year the annual required contributions were
10704 not fully funded.
10705 Section 370. Section 
53G-11-205
, which is renumbered from Section 53A-3-426 is
10706 renumbered and amended to read:
10707 
[
53A-3-426
].
 53G-11-205.
Education employee associations -- Equal
10708 
participation -- Prohibition on endorsement or preferential treatment -- Naming of school
10709 
breaks.
10710 (1) As used in this section:
10711 (a) "Education employee association" includes teacher associations, teacher unions,
10712 teacher organizations, and classified education employees' associations.
10713 (b) "School" means a school district, a school in a school district, a charter school, or
10714 the State Board of Education and its employees.
10715 (2) A school shall allow education employee associations equal access to the following
10716 activities:
10717 (a) distribution of information in or access to teachers' or employees' physical or
10718 electronic mailboxes, including email accounts that are provided by the school; and
10719 (b) membership solicitation activities at new teacher or employee orientation training
10720 or functions.
10721 (3) If a school permits an education employee association to engage in any of the
10722 activities described in Subsection (2), the school shall permit all other education employee
10723 associations to engage in the activity on the same terms and conditions afforded to the
10724 education employee association.
10725 (4) It is unlawful for a school to:
10726 (a) establish or maintain structures, procedures, or policies that favor one education
10727 employee association over another or otherwise give preferential treatment to an education
10728 employee association; or
10729 (b) explicitly or implicitly endorse any education employee association.
10730 (5) A school's calendars and publications may not include or refer to the name of any
10731 education employee association in relation to any day or break in the school calendar.
10732 Section 371. Section 
53G-11-206
, which is renumbered from Section 53A-3-425 is
10733 renumbered and amended to read:
10734 
[
53A-3-425
].
 53G-11-206.
Association leave -- District policy.
10735 (1) As used in this section:
10736 (a) "Association leave" means leave from a school district employee's regular school
10737 responsibilities granted for that employee to spend time for association, employee association,
10738 or union duties.
10739 (b) "Employee association" means an association that:
10740 (i) negotiates employee salaries, benefits, contracts, or other conditions of employment;
10741 or
10742 (ii) performs union duties.
10743 (2) Except as provided in Subsection (3), a local school board may not allow paid
10744 association leave for a school district employee to perform an employee association or union
10745 duty.
10746 (3) (a) A local school board may allow paid association leave for a school district
10747 employee to perform an employee association duty if:
10748 (i) the duty performed by the employee on paid association leave will directly benefit
10749 the school district, including representing the school district's licensed educators:
10750 (A) on a board or committee, such as the school district's foundation, a curriculum
10751 development board, insurance committee, or catastrophic leave committee;
10752 (B) at a school district leadership meeting; or
10753 (C) at a workshop or meeting conducted by the school district's local school board;
10754 (ii) the duty performed by the employee on paid association leave does not include
10755 political activity, including:
10756 (A) advocating for or against a candidate for public office in a partisan or nonpartisan
10757 election;
10758 (B) soliciting a contribution for a political action committee, a political issues
10759 committee, a registered political party, or a candidate, as defined in Section 
20A-11-101
; or
10760 (C) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
10761 proposition, as defined in Section 
20A-1-102
; and
10762 (iii) the local school board ensures compliance with the requirements of Subsections
10763 (4)(a) through (g).
10764 (b) Prior to a school district employee's participation in paid or unpaid association
10765 leave, a local school board shall adopt a written policy that governs association leave.
10766 (c) Except as provided in Subsection (3)(d), a local school board policy that governs
10767 association leave shall require reimbursement to the school district of the costs for an
10768 employee, including benefits, for the time that the employee is:
10769 (i) on unpaid association leave; or
10770 (ii) participating in a paid association leave activity that does not provide a direct
10771 benefit to the school district.
10772 (d) For a school district that allowed association leave described in Subsections
10773 (3)(c)(i) and (ii) prior to January 1, 2011, the local school board policy that governs association
10774 leave may allow up to 10 days of association leave before requiring a reimbursement described
10775 in Subsection (3)(c).
10776 (e) A reimbursement required under Subsection (3)(c), (d), or (4)(g) may be provided
10777 by an employee, association, or union.
10778 (4) If a local school board adopts a policy to allow paid association leave, the policy
10779 shall include procedures and controls to:
10780 (a) ensure that the duties performed by employees on paid association leave directly
10781 benefit the school district;
10782 (b) require the school district to document the use and approval of paid association
10783 leave;
10784 (c) require school district supervision of employees on paid association leave;
10785 (d) require the school district to account for the costs and expenses of paid association
10786 leave;
10787 (e) ensure that during the hours of paid association leave a school district employee
10788 may not engage in political activity, including:
10789 (i) advocating for or against a candidate for public office in a partisan or nonpartisan
10790 election;
10791 (ii) soliciting a contribution for a political action committee, a political issues
10792 committee, a registered political party, or a candidate, as defined in Section 
20A-11-101
; and
10793 (iii) initiating, drafting, soliciting signatures for, or advocating for or against a ballot
10794 proposition, as defined in Section 
20A-1-102
;
10795 (f) ensure that association leave is only paid out of school district funds when the paid
10796 association leave directly benefits the district; and
10797 (g) require the reimbursement to the school district of the cost of paid association leave
10798 activities that do not provide a direct benefit to education within the school district.
10799 (5) If a local school board adopts a policy to allow paid association leave, that policy
10800 shall indicate that a willful violation of this section or of a policy adopted in accordance with
10801 Subsection (3) or (4) may be used for disciplinary action under Section [
53A-8a-502
]
10802 
53G-11-513
.
10803 Section 372. Section 
53G-11-207
, which is renumbered from Section 53A-3-428 is
10804 renumbered and amended to read:
10805 
[
53A-3-428
].
 53G-11-207.
Collective bargaining agreement -- Website
10806 
posting.
10807 (1) As used in this section, "collective bargaining agreement" includes:
10808 (a) a master agreement; and
10809 (b) an amendment, addendum, memorandum, or other document modifying the master
10810 agreement.
10811 (2) The board of education of a school district:
10812 (a) shall post on the school district's website a collective bargaining agreement entered
10813 into by the board of education within 10 days of the ratification of the agreement; and
10814 (b) may remove from the school district's website a collective bargaining agreement
10815 that is no longer in effect.
10816 (3) The governing board of a charter school:
10817 (a) shall post on the charter school's website a collective bargaining agreement entered
10818 into by the governing board of the charter school within 10 days of the ratification of the
10819 agreement; and
10820 (b) may remove from the charter school's website a collective bargaining agreement
10821 that is no longer in effect.
10822 Section 373. Section 
53G-11-301
 is enacted to read:
10823 
Part 3. Licensed Employee Requirements
10824 
 53G-11-301.
Definitions.
10825 
Reserved
10826 Section 374. Section 
53G-11-302
, which is renumbered from Section 53A-17a-140 is
10827 renumbered and amended to read:
10828 
[
53A-17a-140
].
 53G-11-302.
Contracts with teachers.
10829 A school district may not enter into contracts with teachers that would prevent the
10830 school district from paying differential salaries or putting limitations on an individual salary
10831 paid in order to fill a shortage in specific teaching areas.
10832 Section 375. Section 
53G-11-303
, which is renumbered from Section 53A-3-701 is
10833 renumbered and amended to read:
10834 
[
53A-3-701
].
 53G-11-303.
Professional learning standards.
10835 (1) As used in this section, "professional learning" means a comprehensive, sustained,
10836 and evidence-based approach to improving teachers' and principals' effectiveness in raising
10837 student achievement.
10838 (2) A school district or charter school shall implement high quality professional
10839 learning that meets the following standards:
10840 (a) professional learning occurs within learning communities committed to continuous
10841 improvement, individual and collective responsibility, and goal alignment;
10842 (b) professional learning requires skillful leaders who develop capacity, advocate, and
10843 create support systems, for professional learning;
10844 (c) professional learning requires prioritizing, monitoring, and coordinating resources
10845 for educator learning;
10846 (d) professional learning uses a variety of sources and types of student, educator, and
10847 system data to plan, assess, and evaluate professional learning;
10848 (e) professional learning integrates theories, research, and models of human learning to
10849 achieve its intended outcomes;
10850 (f) professional learning applies research on change and sustains support for
10851 implementation of professional learning for long-term change;
10852 (g) professional learning aligns its outcomes with:
10853 (i) performance standards for teachers and school administrators as described in rules
10854 of the State Board of Education; and
10855 (ii) performance standards for students as described in the core standards for Utah
10856 public schools adopted by the State Board of Education pursuant to Section [
53A-1-402.6
]
10857 
53E-4-202
; and
10858 (h) professional learning:
10859 (i) incorporates the use of technology in the design, implementation, and evaluation of
10860 high quality professional learning practices; and
10861 (ii) includes targeted professional learning on the use of technology devices to enhance
10862 the teaching and learning environment and the integration of technology in content delivery.
10863 (3) School districts and charter schools shall use money appropriated by the Legislature
10864 for professional learning or federal grant money awarded for professional learning to
10865 implement professional learning that meets the standards specified in Subsection (2).
10866 (4) (a) In the fall of 2014, the State Board of Education, through the state
10867 superintendent of public instruction, and in collaboration with an independent consultant
10868 acquired through a competitive bid process, shall conduct a statewide survey of school districts
10869 and charter schools to:
10870 (i) determine the current state of professional learning for educators as aligned with the
10871 standards specified in Subsection (2);
10872 (ii) determine the effectiveness of current professional learning practices; and
10873 (iii) identify resources to implement professional learning as described in Subsection
10874 (2).
10875 (b) The State Board of Education shall select a consultant from bidders who have
10876 demonstrated successful experience in conducting a statewide analysis of professional learning.
10877 (c) (i) Annually in the fall, beginning in 2015 through 2020, the State Board of
10878 Education, through the state superintendent of public instruction, in conjunction with school
10879 districts and charter schools, shall gather and use data to determine the impact of professional
10880 learning efforts and resources.
10881 (ii) Data used to determine the impact of professional learning efforts and resources
10882 under Subsection (4)(c)(i) shall include:
10883 (A) student achievement data;
10884 (B) educator evaluation data; and
10885 (C) survey data.
10886 Section 376. Section 
53G-11-401
, which is renumbered from Section 53A-15-1502 is
10887 renumbered and amended to read:
10888 
Part 4. Background Checks
10889 
[
53A-15-1502
].
 53G-11-401.
Definitions.
10890 As used in this part:
10891 (1) "Authorized entity" means an LEA, qualifying private school, or the State Board of
10892 Education that is authorized to request a background check and ongoing monitoring under this
10893 part.
10894 (2) "Bureau" means the Bureau of Criminal Identification within the Department of
10895 Public Safety created in Section 
53-10-201
.
10896 (3) "Contract employee" means an employee of a staffing service or other entity who
10897 works at a public or private school under a contract.
10898 (4) "FBI" means the Federal Bureau of Investigation.
10899 [
(6)
] 
(5)
 (a) "License applicant" means an applicant for a license issued by the State
10900 Board of Education under Title [
53A, Chapter 6, Educator Licensing and Professional Practices
10901 
Act
] 
53E, Chapter 6, Education Professional Licensure
.
10902 (b) "License applicant" includes an applicant for reinstatement of an expired, lapsed,
10903 suspended, or revoked license.
10904 [
(5)
] 
(6)
 "Local education agency" or "LEA" means a school district, charter school,
10905 or the Utah Schools for the Deaf and the Blind.
10906 (7) "Non-licensed employee" means an employee of an LEA or qualifying private
10907 school that does not hold a current Utah educator license issued by the State Board of
10908 Education under Title [
53A, Chapter 6, Educator Licensing and Professional Practices Act
]
10909 
53E, Chapter 6, Education Professional Licensure
.
10910 (8) "Personal identifying information" means:
10911 (a) current name, former names, nicknames, and aliases;
10912 (b) date of birth;
10913 (c) address;
10914 (d) telephone number;
10915 (e) driver license number or other government-issued identification number;
10916 (f) social security number; and
10917 (g) fingerprints.
10918 (9) "Qualifying private school" means a private school that:
10919 (a) enrolls students under Title [
53A, Chapter 1a, Part 7, Carson Smith Scholarships
10920 
for Students with Special Needs Act
] 
53F, Chapter 4, Part 3, Carson Smith Scholarship
10921 
Program
; and
10922 (b) is authorized to conduct fingerprint-based background checks of national crime
10923 information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L.
10924 No. 109-248. 
10925 (10) "Rap back system" means a system that enables authorized entities to receive
10926 ongoing status notifications of any criminal history reported on individuals whose fingerprints
10927 are registered in the system.
10928 (11) "WIN Database" means the Western Identification Network Database that consists
10929 of eight western states sharing one electronic fingerprint database.
10930 Section 377. Section 
53G-11-402
, which is renumbered from Section 53A-15-1503 is
10931 renumbered and amended to read:
10932 
[
53A-15-1503
].
 53G-11-402.
Background checks for non-licensed employees,
10933 
contract employees, volunteers, and charter school governing board members.
10934 (1) An LEA or qualifying private school shall:
10935 (a) require the following individuals to submit to a nationwide criminal background
10936 check and ongoing monitoring as a condition for employment or appointment:
10937 (i) a non-licensed employee;
10938 (ii) a contract employee;
10939 (iii) a volunteer who will be given significant unsupervised access to a student in
10940 connection with the volunteer's assignment; and
10941 (iv) a charter school governing board member;
10942 (b) collect the following from an individual required to submit to a background check
10943 under Subsection (1)(a):
10944 (i) personal identifying information;
10945 (ii) subject to Subsection (2), a fee described in Subsection 
53-10-108
(15); and
10946 (iii) consent, on a form specified by the LEA or qualifying private school, for:
10947 (A) an initial fingerprint-based background check by the FBI and the bureau upon
10948 submission of the application; and
10949 (B) retention of personal identifying information for ongoing monitoring through
10950 registration with the systems described in Section [
53A-15-1505
] 
53G-11-404
;
10951 (c) submit the individual's personal identifying information to the bureau for:
10952 (i) an initial fingerprint-based background check by the FBI and the bureau; and
10953 (ii) ongoing monitoring through registration with the systems described in Section
10954 [
53A-15-1505
] 
53G-11-404
 if the results of the initial background check do not contain
10955 disqualifying criminal history information as determined by the LEA or qualifying private
10956 school in accordance with Section [
53A-15-1506
] 
53G-11-405
; and
10957 (d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
10958 that the LEA or qualifying private school only receives notifications for individuals with whom
10959 the LEA or qualifying private school maintains an authorizing relationship.
10960 (2) An LEA or qualifying private school may not require an individual to pay the fee
10961 described in Subsection (1)(b)(ii) unless the individual:
10962 (a) has passed an initial review; and
10963 (b) is one of a pool of no more than five candidates for the position.
10964 (3) By September 1, 2018, an LEA or qualifying private school shall:
10965 (a) collect the information described in Subsection (1)(b) from individuals:
10966 (i) who were employed or appointed prior to July 1, 2015; and
10967 (ii) with whom the LEA or qualifying private school currently maintains an authorizing
10968 relationship; and
10969 (b) submit the information to the bureau for ongoing monitoring through registration
10970 with the systems described in Section [
53A-15-1505
] 
53G-11-404
.
10971 (4) An LEA or qualifying private school that receives criminal history information
10972 about a licensed educator under Subsection [
53A-15-1504
] 
53G-11-403
(5) shall assess the
10973 employment status of the licensed educator as provided in Section [
53A-15-1506
] 
53G-11-405
.
10974 (5) An LEA or qualifying private school may establish a policy to exempt an individual
10975 described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
10976 the individual is being temporarily employed or appointed.
10977 Section 378. Section 
53G-11-403
, which is renumbered from Section 53A-15-1504 is
10978 renumbered and amended to read:
10979 
[
53A-15-1504
].
 53G-11-403.
Background checks for licensed educators.
10980 The State Board of Education shall:
10981 (1) require a license applicant to submit to a nationwide criminal background check
10982 and ongoing monitoring as a condition for licensing;
10983 (2) collect the following from an applicant:
10984 (a) personal identifying information;
10985 (b) a fee described in Subsection 
53-10-108
(15); and
10986 (c) consent, on a form specified by the State Board of Education, for:
10987 (i) an initial fingerprint-based background check by the FBI and bureau upon
10988 submission of the application;
10989 (ii) retention of personal identifying information for ongoing monitoring through
10990 registration with the systems described in Section [
53A-15-1505
] 
53G-11-404
; and
10991 (iii) disclosure of any criminal history information to the individual's employing LEA
10992 or qualifying private school;
10993 (3) submit an applicant's personal identifying information to the bureau for:
10994 (a) an initial fingerprint-based background check by the FBI and bureau; and
10995 (b) ongoing monitoring through registration with the systems described in Section
10996 [
53A-15-1505
] 
53G-11-404
 if the results of the initial background check do not contain
10997 disqualifying criminal history information as determined by the State Board of Education in
10998 accordance with Section [
53A-15-1506
] 
53G-11-405
;
10999 (4) identify the appropriate privacy risk mitigation strategy that will be used to ensure
11000 that the State Board of Education only receives notifications for individuals with whom the
11001 State Board of Education maintains an authorizing relationship;
11002 (5) notify the employing LEA or qualifying private school upon receipt of any criminal
11003 history information reported on a licensed educator employed by the LEA or qualifying private
11004 school; and
11005 (6) (a) collect the information described in Subsection (2) from individuals who were
11006 licensed prior to July 1, 2015, by the individual's next license renewal date; and
11007 (b) submit the information to the bureau for ongoing monitoring through registration
11008 with the systems described in Section [
53A-15-1505
] 
53G-11-404
.
11009 Section 379. Section 
53G-11-404
, which is renumbered from Section 53A-15-1505 is
11010 renumbered and amended to read:
11011 
[
53A-15-1505
].
 53G-11-404.
Bureau responsibilities.
11012 The bureau shall:
11013 (1) upon request from an authorized entity, register the fingerprints submitted by the
11014 authorized entity as part of a background check with:
11015 (a) the WIN Database rap back system, or any successor system; and
11016 (b) the rap back system maintained by the Federal Bureau of Investigation;
11017 (2) notify an authorized entity when a new entry is made against an individual whose
11018 fingerprints are registered with the rap back systems described in Subsection (1) regarding:
11019 (a) an alleged offense; or
11020 (b) a conviction, including a plea in abeyance;
11021 (3) assist authorized entities to identify the appropriate privacy risk mitigation strategy
11022 that is to be used to ensure that the authorized entity only receives notifications for individuals
11023 with whom the authorized entity maintains an authorizing relationship; and
11024 (4) collaborate with the State Board of Education to provide training to authorized
11025 entities on the notification procedures and privacy risk mitigation strategies described in this
11026 part.
11027 Section 380. Section 
53G-11-405
, which is renumbered from Section 53A-15-1506 is
11028 renumbered and amended to read:
11029 
[
53A-15-1506
].
 53G-11-405.
Due process for individuals--Review of criminal
11030 
history information.
11031 (1) (a) In accordance with Section 
53-10-108
, an authorized entity shall provide an
11032 individual an opportunity to review and respond to any criminal history information received
11033 under this part.
11034 (b) If an authorized entity decides to disqualify an individual as a result of criminal
11035 history information received under this part, an individual may request a review of:
11036 (i) information received; and
11037 (ii) the reasons for the disqualification.
11038 (c) An authorized entity shall provide an individual described in Subsection (1)(b) with
11039 written notice of:
11040 (i) the reasons for the disqualification; and
11041 (ii) the individual's right to request a review of the disqualification.
11042 (2) (a) An LEA or qualifying private school shall make decisions regarding criminal
11043 history information for the individuals subject to the background check requirements under
11044 Section [
53A-15-1503
] 
53G-11-402
 in accordance with:
11045 (i) Subsection (3);
11046 (ii) administrative procedures established by the LEA or qualifying private school; and
11047 (iii) rules established by the State Board of Education.
11048 (b) The State Board of Education shall make decisions regarding criminal history
11049 information for licensed educators in accordance with:
11050 (i) Subsection (3);
11051 (ii) Title [
53A, Chapter 6, Educator Licensing and Professional Practices Act
] 
53E,
11052 
Chapter 6, Education Professional Licensure
; and
11053 (iii) rules established by the State Board of Education.
11054 (3) When making decisions regarding initial employment, initial licensing, or initial
11055 appointment for the individuals subject to background checks under this part, an authorized
11056 entity shall consider:
11057 (a) any convictions, including pleas in abeyance;
11058 (b) any matters involving a felony; and
11059 (c) any matters involving an alleged:
11060 (i) sexual offense;
11061 (ii) class A misdemeanor drug offense;
11062 (iii) offense against the person under Title 76, Chapter 5, Offenses Against the Person;
11063 (iv) class A misdemeanor property offense that is alleged to have occurred within the
11064 previous three years; and
11065 (v) any other type of criminal offense, if more than one occurrence of the same type of
11066 offense is alleged to have occurred within the previous eight years.
11067 Section 381. Section 
53G-11-406
, which is renumbered from Section 53A-15-1507 is
11068 renumbered and amended to read:
11069 
[
53A-15-1507
].
 53G-11-406.
Self-reporting requirement.
11070 (1) Individuals subject to the background check requirements under this part shall
11071 self-report conviction, arrest, or offense information in accordance with rules established by the
11072 State Board of Education.
11073 (2) An LEA shall report conviction, arrest, or offense information received from
11074 licensed educators under Subsection (1) to the State Board of Education in accordance with
11075 rules established by the State Board of Education.
11076 Section 382. Section 
53G-11-407
, which is renumbered from Section 53A-15-1508 is
11077 renumbered and amended to read:
11078 
[
53A-15-1508
].
 53G-11-407.
Update criminal background check rules and
11079 
policies.
11080 On or before September 1, 2015:
11081 (1) the State Board of Education shall update the State Board of Education's criminal
11082 background check rules consistent with this part; and
11083 (2) an LEA shall update the LEA's criminal background check policies consistent with
11084 this part.
11085 Section 383. Section 
53G-11-408
, which is renumbered from Section 53A-15-1509 is
11086 renumbered and amended to read:
11087 
[
53A-15-1509
].
 53G-11-408.
Training provided to authorized entities.
11088 The State Board of Education shall collaborate with the bureau to provide training to
11089 authorized entities on the provisions of this part.
11090 Section 384. Section 
53G-11-409
, which is renumbered from Section 53A-15-1510 is
11091 renumbered and amended to read:
11092 
[
53A-15-1510
].
 53G-11-409.
Legislative audit.
11093 After the conclusion of the 2018-2019 school year, subject to the prioritization of the
11094 Legislative Audit Subcommittee, the legislative auditor general shall conduct a review and
11095 issue a report on the extent to which the criminal background check procedures and ongoing
11096 monitoring described in this part adequately detect and identify the criminal histories of
11097 individuals who are employed by or volunteering in public schools.
11098 Section 385. Section 
53G-11-410
, which is renumbered from Section 53A-15-1511 is
11099 renumbered and amended to read:
11100 
[
53A-15-1511
].
 53G-11-410.
Reference check requirements for LEA
11101 
applicants and volunteers.
11102 (1) As used in this section:
11103 (a) "Child" means an individual who is younger than 18 years old.
11104 (b) "LEA applicant" means an applicant for employment by an LEA.
11105 (c) "Physical abuse" means the same as that term is defined in Section 
78A-6-105
.
11106 (d) "Potential volunteer" means an individual who:
11107 (i) has volunteered for but not yet fulfilled an unsupervised volunteer assignment; and
11108 (ii) during the last three years, has worked in a qualifying position.
11109 (e) "Qualifying position" means paid employment that requires the employee to
11110 directly care for, supervise, control, or have custody of a child.
11111 (f) "Sexual abuse" means the same as that term is defined in Section 
78A-6-105
.
11112 (g) "Student" means an individual who:
11113 (i) is enrolled in an LEA in any grade from preschool through grade 12; or
11114 (ii) receives special education services from an LEA under the Individuals with
11115 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
11116 (h) "Unsupervised volunteer assignment" means a volunteer assignment at an LEA that
11117 allows the volunteer significant unsupervised access to a student.
11118 (2) (a) Before hiring an LEA applicant or giving an unsupervised volunteer assignment
11119 to a potential volunteer, an LEA shall:
11120 (i) require the LEA applicant or potential volunteer to sign a release authorizing the
11121 LEA applicant or potential volunteer's previous qualifying position employers to disclose
11122 information regarding any employment action taken or discipline imposed for the physical
11123 abuse or sexual abuse of a child or student by the LEA applicant or potential volunteer;
11124 (ii) for an LEA applicant, request that the LEA applicant's most recent qualifying
11125 position employer disclose information regarding any employment action taken or discipline
11126 imposed for the physical abuse or sexual abuse of a child or student by the LEA applicant;
11127 (iii) for a potential volunteer, request that the potential volunteer's most recent
11128 qualifying position employer disclose information regarding any employment action taken or
11129 discipline imposed for the physical abuse or sexual abuse of a child or student by the potential
11130 volunteer; and
11131 (iv) document the efforts taken to make a request described in Subsection (2)(a)(ii) or
11132 (iii).
11133 (b) An LEA may not hire an LEA applicant who does not sign a release described in
11134 Subsection (2)(a)(i).
11135 (c) An LEA may not give an unsupervised volunteer assignment to a potential
11136 volunteer who does not sign a release described in Subsection (2)(a)(i).
11137 (d) An LEA shall use the LEA's best efforts to request information under Subsection
11138 (2)(a)(ii) or (iii) before:
11139 (i) hiring an LEA applicant; or
11140 (ii) giving an unsupervised volunteer assignment to a potential volunteer.
11141 (e) In accordance with state and federal law, an LEA may request from an LEA
11142 applicant or potential volunteer other information the LEA determines is relevant.
11143 (3) (a) An LEA that receives a request described in Subsection (2)(a)(ii) or (iii) shall
11144 use the LEA's best efforts to respond to the request within 20 business days after the day on
11145 which the LEA received the request.
11146 (b) If an LEA or other employer in good faith discloses information that is within the
11147 scope of a request described in Subsection (2)(a)(ii) or (iii), the LEA or other employer is
11148 immune from civil and criminal liability for the disclosure.
11149 Section 386. Section 
53G-11-501
, which is renumbered from Section 53A-8a-102 is
11150 renumbered and amended to read:
11151 
Part 5. School District and Utah Schools for the Deaf and the Blind
11152 
Employee Requirements
11153 
[
53A-8a-102
].
 53G-11-501.
Definitions.
11154 As used in this [
chapter
] 
part
:
11155 (1) "Administrator" means an individual who:
11156 (a) serves in a position that requires:
11157 (i) an educator license with an administrative area of concentration; or
11158 (ii) a letter of authorization described in Section [
53A-3-301
 or 
53A-6-110
] 
53E-6-304
11159 
or 
53G-4-301
; and
11160 (b) supervises school administrators or teachers.
11161 
(2) "Career educator" means a licensed employee who has a reasonable expectation of
11162 
continued employment under the policies of a local school board.
11163 [
(2)
] 
(3)
 "Career employee" means an employee of a school district who has obtained a
11164 reasonable expectation of continued employment based upon Section [
53A-8a-201
]
11165 
53G-11-503
 and an agreement with the employee or the employee's association, district
11166 practice, or policy.
11167 [
(3)
] 
(4)
 "Contract term" or "term of employment" means the period of time during
11168 which an employee is engaged by the school district under a contract of employment, whether
11169 oral or written.
11170 [
(4)
] 
(5)
 "Dismissal" or "termination" means:
11171 (a) termination of the status of employment of an employee;
11172 (b) failure to renew or continue the employment contract of a career employee beyond
11173 the then-current school year;
11174 (c) reduction in salary of an employee not generally applied to all employees of the
11175 same category employed by the school district during the employee's contract term; or
11176 (d) change of assignment of an employee with an accompanying reduction in pay,
11177 unless the assignment change and salary reduction are agreed to in writing.
11178 
(6) "Educator" means an individual employed by a school district who is required to
11179 
hold a professional license issued by the State Board of Education, except:
11180 
(a) a superintendent; or
11181 
(b) an individual who works less than three hours per day or is hired for less than half
11182 
of a school year.
11183 [
(5)
] 
(7)
 (a) "Employee" means a career or provisional employee of a school district,
11184 except as provided in Subsection [
(5)
] 
(7)
(b).
11185 (b) [
For
] 
Excluding Section 
53G-11-518
, for
 purposes of [
Part 2, Status of
11186 
Employment, Part 4, Educator Evaluations, and Part 5, Orderly School Termination
11187 
Procedures
] 
this part
, "employee" does not include:
11188 (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
11189 Blind;
11190 (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
11191 and the Blind; or
11192 (iii) a temporary employee.
11193 [
(6)
] 
(8)
 "Last-hired, first-fired layoff policy" means a staff reduction policy that
11194 mandates the termination of an employee who started to work for a district most recently
11195 before terminating a more senior employee.
11196 
(9) "Probationary educator" means an educator employed by a school district who,
11197 
under local school board policy, has been advised by the school district that the educator's
11198 
performance is inadequate.
11199 
(10) "Provisional educator" means an educator employed by a school district who has
11200 
not achieved status as a career educator within the school district.
11201 [
(7)
] 
(11)
 "Provisional employee" means an individual, other than a career employee or
11202 a temporary employee, who is employed by a school district.
11203 [
(8)
] 
(12)
 "School board" or "board" means a district school board or, for the Utah
11204 Schools for the Deaf and the Blind, the State Board of Education.
11205 [
(9)
] 
(13)
 "School district" or "district" means:
11206 (a) a public school district; or
11207 (b) the Utah Schools for the Deaf and the Blind.
11208 
(14) "Summative evaluation" means the annual evaluation that summarizes an
11209 
educator's performance during a school year and that is used to make decisions related to the
11210 
educator's employment.
11211 [
(10)
] 
(15)
 "Temporary employee" means an individual who is employed on a
11212 temporary basis as defined by policies adopted by the local board of education. If the class of
11213 employees in question is represented by an employee organization recognized by the local
11214 board, the board shall adopt the board's policies based upon an agreement with that
11215 organization. Temporary employees serve at will and have no expectation of continued
11216 employment.
11217 [
(11)
] 
(16)
 (a) "Unsatisfactory performance" means a deficiency in performing work
11218 tasks that may be:
11219 (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
11220 (ii) remediated through training, study, mentoring, or practice.
11221 (b) "Unsatisfactory performance" does not include the following conduct that is
11222 designated as a cause for termination under Section [
53A-8a-501
] 
53G-11-512
 or a reason for
11223 license discipline by the State Board of Education or Utah Professional Practices Advisory
11224 Commission:
11225 (i) a violation of work rules;
11226 (ii) a violation of local school board policies, State Board of Education rules, or law;
11227 (iii) a violation of standards of ethical, moral, or professional conduct; or
11228 (iv) insubordination.
11229 Section 387. Section 
53G-11-501.5
, which is renumbered from Section 53A-8a-401 is
11230 renumbered and amended to read:
11231 
[
53A-8a-401
].
 53G-11-501.5.
Legislative findings.
11232 (1) The Legislature finds that the effectiveness of public educators can be improved
11233 and enhanced by providing specific feedback and support for improvement through a
11234 systematic, fair, and competent annual evaluation and remediation of public educators whose
11235 performance is inadequate.
11236 (2) The State Board of Education and each local school board shall implement [
this
11237 
part,
] 
Sections 
53G-11-501
, 
53G-11-506
, 
53G-11-507
, 
53G-11-508
, 
53G-11-509
, 
53G-11-510
,
11238 
and 
53G-11-511
 in accordance with Subsections 
[
53A-1a-104
] 
53E-2-302
(7) and 
[
53A-6-102
]
11239 
53E-6-103
(2)(a) and (b), to:
11240 (a) allow the educator and the school district to promote the professional growth of the
11241 educator; and
11242 (b) identify and encourage quality instruction in order to improve student academic
11243 growth.
11244 Section 388. Section 
53G-11-502
 is enacted to read:
11245 
 53G-11-502.
Applicability.
11246 
Reserved
11247 Section 389. Section 
53G-11-503
, which is renumbered from Section 53A-8a-201 is
11248 renumbered and amended to read:
11249 
[
53A-8a-201
].
 53G-11-503.
 Career employee status for provisional
11250 
employees -- Career status in the event of change of position -- Continuation of
11251 
probationary status when position changes -- Temporary status for extra duty
11252 
assignments -- Employees not eligible for career status.
11253 (1) (a) A provisional employee must work for a school district on at least a half-time
11254 basis for three consecutive years to obtain career employee status.
11255 (b) A school district may extend the provisional status of an employee up to an
11256 additional two consecutive years in accordance with a written policy adopted by the district's
11257 school board that specifies the circumstances under which an employee's provisional status
11258 may be extended.
11259 (2) Policies of an employing school district shall determine the status of a career
11260 employee in the event of the following:
11261 (a) the employee accepts a position which is substantially different from the position in
11262 which career status was achieved; or
11263 (b) the employee accepts employment in another school district.
11264 (3) If an employee who is under an order of probation or remediation in one
11265 assignment in a school district is transferred or given a new assignment in the district, the order
11266 shall stand until its provisions are satisfied.
11267 (4) An employee who is given extra duty assignments in addition to a primary
11268 assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
11269 employee in those extra duty assignments and may not acquire career status beyond the primary
11270 assignment.
11271 (5) A person is an at-will employee and is not eligible for career employee status if the
11272 person:
11273 (a) is a teacher who holds a competency-based license pursuant to Section
11274 [
53A-6-104.5
] 
53E-6-306
 and does not hold a level 1, 2, or 3 license as defined in Section
11275 [
53A-6-103
] 
53E-6-102
; or
11276 (b) holds an administrative/supervisory letter of authorization pursuant to Section
11277 [
53A-6-110
] 
53E-6-304
.
11278 Section 390. Section 
53G-11-504
, which is renumbered from Section 53A-8a-301 is
11279 renumbered and amended to read:
11280 
[
53A-8a-301
].
 53G-11-504.
Evaluation of employee performance.
11281 (1) Except as provided in Subsection (2), a local school board shall require that the
11282 performance of each school district employee be evaluated annually in accordance with rules of
11283 the State Board of Education adopted in accordance with this [
chapter
] 
part
 and Title 63G,
11284 Chapter 3, Utah Administrative Rulemaking Act.
11285 (2) Rules adopted by the State Board of Education under Subsection (1) may include
11286 an exemption from annual performance evaluations for a temporary employee or a part-time
11287 employee.
11288 Section 391. Section 
53G-11-505
, which is renumbered from Section 53A-8a-302 is
11289 renumbered and amended to read:
11290 
[
53A-8a-302
].
 53G-11-505.
State Board of Education rules -- Reporting to
11291 
Legislature.
11292 (1) Subject to [
Part 4, Educator Evaluations
] 
Sections 
53G-11-506
, 
53G-11-507
,
11293 
53G-11-508
, 
53G-11-509
, 
53G-11-510
, and 
53G-11-511
, rules adopted by the State Board of
11294 Education under Section [
53A-8a-301
] 
53G-11-504
 shall:
11295 (a) provide general guidelines, requirements, and procedures for the development and
11296 implementation of employee evaluations;
11297 (b) establish required components and allow for optional components of employee
11298 evaluations;
11299 (c) require school districts to choose valid and reliable methods and tools to implement
11300 the evaluations; and
11301 (d) establish a timeline for school districts to implement employee evaluations.
11302 (2) The State Board of Education shall report to the Education Interim Committee, as
11303 requested, on progress in implementing employee evaluations in accordance with [
this part and
11304 
Part 4, Educator Evaluations
] 
this section and Sections 
53G-11-504
, 
53G-11-506
, 
53G-11-507
,
11305 
53G-11-508
, 
53G-11-509
, 
53G-11-510
, and 
53G-11-511
.
11306 Section 392. Section 
53G-11-506
, which is renumbered from Section 53A-8a-403 is
11307 renumbered and amended to read:
11308 
[
53A-8a-403
].
 53G-11-506.
Establishment of educator evaluation program
11309 
-- Joint committee.
11310 (1) A local school board shall develop an educator evaluation program in consultation
11311 with its joint committee.
11312 (2) The joint committee described in Subsection (1) shall consist of an equal number of
11313 classroom teachers, parents, and administrators appointed by the local school board.
11314 (3) A local school board may appoint members of the joint committee from a list of
11315 nominees:
11316 (a) voted on by classroom teachers in a nomination election;
11317 (b) voted on by the administrators in a nomination election; and
11318 (c) of parents submitted by school community councils within the district.
11319 (4) Subject to Subsection (5), the joint committee may:
11320 (a) adopt or adapt an evaluation program for educators based on a model developed by
11321 the State Board of Education; or
11322 (b) create the local school board's own evaluation program for educators.
11323 (5) The evaluation program developed by the joint committee shall comply with the
11324 requirements of [
this part
] 
Sections 
53G-11-507
 through 
53G-11-511
 and rules adopted by the
11325 State Board of Education under Section [
53A-8a-409
] 
53G-11-510
.
11326 Section 393. Section 
53G-11-507
, which is renumbered from Section 53A-8a-405 is
11327 renumbered and amended to read:
11328 
[
53A-8a-405
].
 53G-11-507.
Components of educator evaluation program.
11329 (1) A local school board in consultation with a joint committee established in Section
11330 [
53A-8a-403
] 
53G-11-506
 shall adopt a reliable and valid educator evaluation program that
11331 evaluates educators based on educator professional standards established by the State Board of
11332 Education and includes:
11333 (a) a systematic annual evaluation of all provisional, probationary, and career
11334 educators;
11335 (b) use of multiple lines of evidence, including:
11336 (i) self-evaluation;
11337 (ii) student and parent input;
11338 (iii) for an administrator, employee input;
11339 (iv) a reasonable number of supervisor observations to ensure adequate reliability;
11340 (v) evidence of professional growth and other indicators of instructional improvement
11341 based on educator professional standards established by the State Board of Education; and
11342 (vi) student academic growth data;
11343 (c) a summative evaluation that differentiates among four levels of performance; and
11344 (d) for an administrator, the effectiveness of evaluating employee performance in a
11345 school or school district for which the administrator has responsibility.
11346 (2) (a) An educator evaluation program described in Subsection (1) may include a
11347 reasonable number of peer observations.
11348 (b) An educator evaluation program described in Subsection (1) may not use
11349 end-of-level assessment scores in educator evaluation. 
11350 Section 394. Section 
53G-11-508
, which is renumbered from Section 53A-8a-406 is
11351 renumbered and amended to read:
11352 
[
53A-8a-406
].
 53G-11-508.
Summative evaluation timelines -- Review of
11353 
summative evaluations.
11354 (1) The person responsible for administering an educator's summative evaluation shall:
11355 (a) at least 15 days before an educator's first evaluation:
11356 (i) notify the educator of the evaluation process; and
11357 (ii) give the educator a copy of the evaluation instrument, if an instrument is used;
11358 (b) allow the educator to respond to any part of the evaluation;
11359 (c) attach the educator's response to the evaluation if the educator's response is
11360 provided in writing;
11361 (d) within 15 days after the evaluation process is completed, discuss the written
11362 evaluation with the educator; and
11363 (e) based upon the educator's performance, assign to the educator one of the four levels
11364 of performance described in Section [
53A-8a-405
] 
53G-11-507
.
11365 (2) An educator who is not satisfied with a summative evaluation may request a review
11366 of the evaluation within 15 days after receiving the written evaluation.
11367 (3) (a) If a review is requested in accordance with Subsection (2), the school district
11368 superintendent or the superintendent's designee shall appoint a person not employed by the
11369 school district who has expertise in teacher or personnel evaluation to review the evaluation
11370 procedures and make recommendations to the superintendent regarding the educator's
11371 summative evaluation.
11372 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
11373 State Board of Education shall make rules prescribing standards for an independent review of
11374 an educator's summative evaluation.
11375 (c) A review of an educator's summative evaluation under Subsection (3)(a) shall be
11376 conducted in accordance with State Board of Education rules made under Subsection (3)(b).
11377 Section 395. Section 
53G-11-509
, which is renumbered from Section 53A-8a-408 is
11378 renumbered and amended to read:
11379 
[
53A-8a-408
].
 53G-11-509.
Mentor for provisional educator.
11380 (1) In accordance with Subsections [
53A-1a-104
] 
53E-2-302
(7) and [
53A-6-102
]
11381 
53F-6-103
(2)(a) and (b), the principal or immediate supervisor of a provisional educator shall
11382 assign a person who has received training or will receive training in mentoring educators as a
11383 mentor to the provisional educator.
11384 (2) Where possible, the mentor shall be a career educator who performs substantially
11385 the same duties as the provisional educator and has at least three years of educational
11386 experience.
11387 (3) The mentor shall assist the provisional educator to become effective and competent
11388 in the teaching profession and school system, but may not serve as an evaluator of the
11389 provisional educator.
11390 (4) An educator who is assigned as a mentor may receive compensation for those
11391 services in addition to the educator's regular salary.
11392 Section 396. Section 
53G-11-510
, which is renumbered from Section 53A-8a-409 is
11393 renumbered and amended to read:
11394 
[
53A-8a-409
].
 53G-11-510.
State Board of Education to describe a
11395 
framework for the evaluation of educators.
11396 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
11397 State Board of Education shall make rules:
11398 (a) describing a framework for the evaluation of educators that is consistent with the
11399 requirements of Part 3, Employee Evaluations, and [
this part
] 
Sections 
53G-11-506
,
11400 
53G-11-507
, 
53G-11-508
, 
53G-11-509
, 
53G-11-510
, and 
53G-11-511
; and
11401 (b) requiring an educator's summative evaluation to be based on:
11402 (i) educator professional standards established by the State Board of Education; and
11403 (ii) the requirements described in Subsection [
53A-8a-405
] 
53G-11-507
(1).
11404 (2) The rules described in Subsection (1) shall prohibit the use of end-of-level
11405 assessment scores in educator evaluation. 
11406 Section 397. Section 
53G-11-511
, which is renumbered from Section 53A-8a-410 is
11407 renumbered and amended to read:
11408 
[
53A-8a-410
].
 53G-11-511.
Report of performance levels.
11409 (1) A school district shall report to the State Board of Education the number and
11410 percent of educators in each of the four levels of performance assigned under Section
11411 [
53A-8a-406
] 
53G-11-508
.
11412 (2) The data reported under Subsection (1) shall be separately reported for the
11413 following educator classifications:
11414 (a) administrators;
11415 (b) teachers, including separately reported data for provisional teachers and career
11416 teachers; and
11417 (c) other classifications or demographics of educators as determined by the State Board
11418 of Education.
11419 (3) The state superintendent shall include the data reported by school districts under
11420 this section in the state superintendent's annual report of the public school system required by
11421 Section [
53A-1-301
] 
53E-3-301
.
11422 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
11423 State Board of Education shall make rules to ensure the privacy and protection of individual
11424 evaluation data.
11425 Section 398. Section 
53G-11-512
, which is renumbered from Section 53A-8a-501 is
11426 renumbered and amended to read:
11427 
[
53A-8a-501
].
 53G-11-512.
Local school board to establish dismissal
11428 
procedures.
11429 (1) A local school board shall, by contract with its employees or their associations, or
11430 by resolution of the board, establish procedures for dismissal of employees in an orderly
11431 manner without discrimination.
11432 (2) The procedures shall include:
11433 (a) standards of due process;
11434 (b) causes for dismissal; and
11435 (c) procedures and standards related to developing and implementing a plan of
11436 assistance for a career employee whose performance is unsatisfactory.
11437 (3) Procedures and standards for a plan of assistance adopted under Subsection (2)(c)
11438 shall require a plan of assistance to identify:
11439 (a) specific, measurable, and actionable deficiencies;
11440 (b) the available resources provided for improvement; and
11441 (c) a course of action to improve employee performance.
11442 (4) If a career employee exhibits both unsatisfactory performance as described in
11443 Subsection 
[
53A-8a-102
(10)(a)
] 
53G-11-501
(16)(a)
 and conduct described in Subsection
11444 
[
53A-8a-102
(10)(b)
] 
53G-11-501
(16)(b)
, an employer:
11445 (a) may:
11446 (i) attempt to remediate the conduct of the career employee; or
11447 (ii) terminate the career employee for cause if the conduct merits dismissal consistent
11448 with procedures established by the local school board; and
11449 (b) is not required to develop and implement a plan of assistance for the career
11450 employee, as provided in Section [
53A-8a-503
] 
53G-11-514
.
11451 (5) If the conduct of a career employee described in Subsection (4) is satisfactorily
11452 remediated, and unsatisfactory performance issues remain, an employer shall develop and
11453 implement a plan of assistance for the career employee, as provided in Section [
53A-8a-503
]
11454 
53G-11-514
.
11455 (6) If the conduct of a career employee described in Subsection (4) is not satisfactorily
11456 remediated, an employer:
11457 (a) may dismiss the career employee for cause in accordance with procedures
11458 established by the local school board that include standards of due process and causes for
11459 dismissal; and
11460 (b) is not required to develop and implement a plan of assistance for the career
11461 employee, as provided in Section [
53A-8a-503
] 
53G-11-514
.
11462 Section 399. Section 
53G-11-513
, which is renumbered from Section 53A-8a-502 is
11463 renumbered and amended to read:
11464 
[
53A-8a-502
].
 53G-11-513.
Dismissal procedures.
11465 (1) A district shall provide employees with a written statement specifying:
11466 (a) the causes under which a career employee's contract may not be renewed or
11467 continued beyond the current school year;
11468 (b) the causes under which a career or provisional employee's contract may be
11469 terminated during the contract term; and
11470 (c) the orderly dismissal procedures that are used by the district in cases of contract
11471 termination, discontinuance, or nonrenewal.
11472 (2) A career employee's contract may be terminated during its term for reasons of
11473 unsatisfactory performance or discontinued beyond the current school year for reasons of
11474 unsatisfactory performance as provided in Section [
53A-8a-503
] 
53G-11-514
.
11475 (3) (a) A district is not required to provide a cause for not offering a contract to a
11476 provisional employee.
11477 (b) If a district intends to not offer a contract for a subsequent term of employment to a
11478 provisional employee, the district shall give notice of that intention to the employee at least 60
11479 days before the end of the provisional employee's contract term.
11480 (4) In the absence of a notice, an employee is considered employed for the next
11481 contract term with a salary based upon the salary schedule applicable to the class of employee
11482 into which the individual falls.
11483 (5) If a district intends to not renew or discontinue the contract of a career employee or
11484 to terminate a career or provisional employee's contract during the contract term:
11485 (a) the district shall give written notice of the intent to the employee;
11486 (b) the notice shall be served by personal delivery or by certified mail addressed to the
11487 employee's last-known address as shown on the records of the district;
11488 (c) the district shall give notice at least 30 days prior to the proposed date of
11489 termination;
11490 (d) the notice shall state the date of termination and the detailed reasons for
11491 termination;
11492 (e) the notice shall advise the employee that the employee has a right to a fair hearing
11493 and that the hearing is waived if it is not requested within 15 days after the notice of
11494 termination was either personally delivered or mailed to the employee's most recent address
11495 shown on the district's personnel records; and
11496 (f) the notice shall state that failure of the employee to request a hearing in accordance
11497 with procedures set forth in the notice constitutes a waiver of that right and that the district may
11498 then proceed with termination without further notice.
11499 (6) (a) The procedure under which a contract is terminated during its term may include
11500 a provision under which the active service of the employee is suspended pending a hearing if it
11501 appears that the continued employment of the individual may be harmful to students or to the
11502 district.
11503 (b) Suspension pending a hearing may be without pay if an authorized representative of
11504 the district determines, after providing the employee with an opportunity for an informal
11505 conference to discuss the allegations, that it is more likely than not that the allegations against
11506 the employee are true.
11507 (c) If termination is not subsequently ordered, the employee shall receive back pay for
11508 the period of suspension without pay.
11509 (7) The procedure under which an employee's contract is terminated during its term
11510 shall provide for a written notice of suspension or final termination including findings of fact
11511 upon which the action is based.
11512 Section 400. Section 
53G-11-514
, which is renumbered from Section 53A-8a-503 is
11513 renumbered and amended to read:
11514 
[
53A-8a-503
].
 53G-11-514.
Nonrenewal or termination of a career
11515 
employee's contract for unsatisfactory performance.
11516 (1) If a district intends to not renew a career employee's contract for unsatisfactory
11517 performance or terminate a career employee's contract during the contract term for
11518 unsatisfactory performance, the district shall:
11519 (a) provide and discuss with the career employee written documentation clearly
11520 identifying the deficiencies in performance;
11521 (b) provide written notice that the career employee's contract is subject to nonrenewal
11522 or termination if, upon a reevaluation of the career employee's performance, the career
11523 employee's performance is determined to be unsatisfactory;
11524 (c) develop and implement a plan of assistance, in accordance with procedures and
11525 standards established by the local school board under Section [
53A-8a-501
] 
53G-11-512
, to
11526 allow the career employee an opportunity to improve performance;
11527 (d) reevaluate the career employee's performance; and
11528 (e) if the career employee's performance remains unsatisfactory, give notice of intent to
11529 not renew or terminate the career employee's contract in accordance with Subsection
11530 [
53A-8a-502
] 
53G-11-513
(5).
11531 (2) (a) The period of time for implementing a plan of assistance:
11532 (i) may not exceed 120 school days, except as provided under Subsection (2)(b);
11533 (ii) may continue into the next school year;
11534 (iii) should be sufficient to successfully complete the plan of assistance; and
11535 (iv) shall begin when the career employee receives the written notice provided under
11536 Subsection (1)(b) and end when the determination is made that the career employee has
11537 successfully remediated the deficiency or notice of intent to not renew or terminate the career
11538 employee's contract is given in accordance with Subsection [
53A-8a-502
] 
53G-11-513
(5).
11539 (b) In accordance with local school board policy, the period of time for implementing a
11540 plan of assistance may extend beyond 120 school days if:
11541 (i) a career employee is on leave from work during the time period the plan of
11542 assistance is scheduled to be implemented; and
11543 (ii) (A) the leave was approved and scheduled before the written notice was provided
11544 under Subsection (1)(b); or
11545 (B) the leave is specifically approved by the local school board.
11546 (3) (a) If upon a reevaluation of the career employee's performance, the district
11547 determines the career employee's performance is satisfactory, and within a three-year period
11548 after the initial documentation of unsatisfactory performance for the same deficiency pursuant
11549 to Subsection (1)(a), the career employee's performance is determined to be unsatisfactory, the
11550 district may elect to not renew or terminate the career employee's contract.
11551 (b) If a district intends to not renew or terminate a career employee's contract as
11552 provided in Subsection (3)(a), the district shall:
11553 (i) provide written documentation of the career employee's deficiencies in
11554 performance; and
11555 (ii) give notice of intent to not renew or terminate the career employee's contract in
11556 accordance with Subsection [
53A-8a-502
] 
53G-11-513
(5).
11557 Section 401. Section 
53G-11-515
, which is renumbered from Section 53A-8a-504 is
11558 renumbered and amended to read:
11559 
[
53A-8a-504
].
 53G-11-515.
Hearings before district board or hearing
11560 
officers -- Rights of the board and the employee -- Subpoenas -- Appeals.
11561 (1) (a) Hearings are held under this [
chapter
] 
part
 before the board or before hearing
11562 officers selected by the board to conduct the hearings and make recommendations concerning
11563 findings.
11564 (b) The board shall establish procedures to appoint hearing officers.
11565 (c) The board may delegate its authority to a hearing officer to make decisions relating
11566 to the employment of an employee which are binding upon both the employee and the board.
11567 (d) This Subsection (1) does not limit the right of the board or the employee to appeal
11568 to an appropriate court of law.
11569 (2) At the hearings, an employee has the right to counsel, to produce witnesses, to hear
11570 testimony against the employee, to cross-examine witnesses, and to examine documentary
11571 evidence.
11572 (3) Subpoenas may be issued and oaths administered as provided under Section
11573 [
53A-6-603
] 
53E-6-606
.
11574 Section 402. Section 
53G-11-516
, which is renumbered from Section 53A-8a-505 is
11575 renumbered and amended to read:
11576 
[
53A-8a-505
].
 53G-11-516.
Necessary staff reduction not precluded --
11577 
Last-hired, first-fired layoffs prohibited.
11578 (1) Nothing in this [
chapter
] 
part
 prevents staff reduction if necessary to reduce the
11579 number of employees because of the following:
11580 (a) declining student enrollments in the district;
11581 (b) the discontinuance or substantial reduction of a particular service or program;
11582 (c) the shortage of anticipated revenue after the budget has been adopted; or
11583 (d) school consolidation.
11584 (2) A school district may not utilize a last-hired, first-fired layoff policy when
11585 terminating school district employees.
11586 (3) A school district may consider the following factors when terminating a school
11587 district employee:
11588 (a) the results of an employee's performance evaluation; and
11589 (b) a school's personnel needs.
11590 Section 403. Section 
53G-11-517
, which is renumbered from Section 53A-8a-506 is
11591 renumbered and amended to read:
11592 
[
53A-8a-506
].
 53G-11-517.
Restriction on transfer of employee with
11593 
unsatisfactory performance.
11594 An employee whose performance is unsatisfactory may not be transferred to another
11595 school unless the local school board specifically approves the transfer of the employee.
11596 Section 404. Section 
53G-11-518
, which is renumbered from Section 53A-8a-601 is
11597 renumbered and amended to read:
11598 
[
53A-8a-601
].
 53G-11-518.
State Board of Education to make rules on
11599 
performance compensation.
11600 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
11601 State Board of Education shall make rules requiring a school district's employee compensation
11602 system to be aligned with the district's annual evaluation system described in Section
11603 [
53A-8a-405
] 
53G-11-507
.
11604 (2) Rules adopted under Subsection (1) shall :
11605 (a) establish a timeline for developing and implementing an employee compensation
11606 system that is aligned with an annual evaluation system; and
11607 (b) provide that beginning no later than the 2016-17 school year:
11608 (i) any advancement on an adopted wage or salary schedule:
11609 (A) shall be based primarily on an evaluation; and
11610 (B) may not be based on end-of-level assessment scores; and
11611 (ii) an employee may not advance on an adopted wage or salary schedule if the
11612 employee's rating on the most recent evaluation is at the lowest level of an evaluation
11613 instrument.
11614 Section 405. 
Repealer.
11615 This bill repeals:
11616 Section 
53A-2-117
,
Definitions.
11617 Section 
53A-3-415
,
School board policy on detaining students after school.
11618 Section 
53A-8a-402
,
Definitions.
11619 Section 406. 
Effective date.
11620 
If approved by two-thirds of all the members elected to each house, this bill takes effect
11621 
upon approval by the governor, or the day following the constitutional time limit of Utah
11622 
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
11623 
the date of veto override.
11624 Section 407. 
Revisor instructions.
11625 
The Legislature intends that the Office of Legislative Research and General Counsel, in
11626 
preparing the Utah Code database for publication, not enroll this bill if any of the following
11627 
bills do not pass:
11628 
(1) H.B. 10, Public Education Recodification - State System;
11629 
(2) H.B. 11, Public Education Recodification - Funding; or
11630 
(3) S.B. 12, Public Education Recodification - Cross References and Repeals.