Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 229 (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates and modifies definitions;
• creates a director position within the Office of Administrative Rules and defines the duties of the director;
• requires the Office of Administrative Rules to make administrative rules regarding the administrative rulemaking process;
• modifies the duties of the executive director of the Department of Administrative Rules;
• clarifies that rulemaking grants in education related sections are subject to the Utah Administrative Rulemaking Act; and
• makes technical changes.

Every vote on this bill

Bill text

ADMINISTRATIVE RULES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Marc K. Roberts
LONG TITLE
General Description:
This bill modifies provisions relating to administrative rulemaking.
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ creates a director position within the Office of Administrative Rules and defines the
duties of the director;
▸ requires the Office of Administrative Rules to make administrative rules regarding
the administrative rulemaking process;
▸ modifies the duties of the executive director of the Department of Administrative
Rules;
▸ clarifies that rulemaking grants in education related sections are subject to the Utah
Administrative Rulemaking Act; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-102
, as last amended by Laws of Utah 2019, Chapter 186
53E-3-401
, as last amended by Laws of Utah 2019, Chapter 186
53E-3-503
, as last amended by Laws of Utah 2019, Chapters 186 and 187
53E-3-505
, as last amended by Laws of Utah 2019, Chapters 186 and 226
53E-3-508
, as last amended by Laws of Utah 2019, Chapter 186
53E-3-512
, as last amended by Laws of Utah 2019, Chapter 186
53E-3-516
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53E-3-519
, as enacted by Laws of Utah 2019, Chapter 41
53E-4-205
, as last amended by Laws of Utah 2019, Chapter 186
53E-4-206
, as last amended by Laws of Utah 2019, Chapter 186
53E-4-302
, as last amended by Laws of Utah 2019, Chapter 186
53E-4-408
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-202
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-301
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-305
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-306
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-308
, as last amended by Laws of Utah 2019, Chapter 186
53E-5-309
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-201
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-301
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-302
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-902
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-903
, as renumbered and amended by Laws of Utah 2019, Chapter 487
53E-8-204
, as last amended by Laws of Utah 2019, Chapters 186, 314, and 324
53E-8-401
, as last amended by Laws of Utah 2019, Chapters 186 and 314
53E-8-409
, as last amended by Laws of Utah 2019, Chapters 186 and 314
53E-9-301
, as last amended by Laws of Utah 2019, Chapters 87, 175, 186, and 342
53E-9-302
, as last amended by Laws of Utah 2019, Chapter 186
53E-9-304
, as last amended by Laws of Utah 2019, Chapter 186
53E-9-306
, as last amended by Laws of Utah 2019, Chapter 186
53E-9-307
, as last amended by Laws of Utah 2019, Chapter 186
53E-10-703
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53E-10-705
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-303
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-304
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-305
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-307
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-309
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-2-404
, as last amended by Laws of Utah 2019, Chapters 186 and 191
53F-2-405
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-409
, as last amended by Laws of Utah 2019, Chapters 136 and 186
53F-2-415
, as enacted by Laws of Utah 2019, Chapter 446
53F-2-416
, as enacted by Laws of Utah 2019, Chapter 505
53F-2-417
, as enacted by Laws of Utah 2019, Chapter 408
53F-2-502
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-503
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-2-506
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-508
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-2-510
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-2-511
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-512
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-2-513
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-514
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-520
, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
amended by Laws of Utah 2019, Chapter 408
53F-4-205
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-304
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-305
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-514
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-201
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-202
, as last amended by Laws of Utah 2019, Chapters 186 and 283
53F-5-204
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-5-205
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-209
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-210
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-212
, as enacted by Laws of Utah 2019, Chapter 173
53F-5-406
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-502
, as last amended by Laws of Utah 2019, Chapter 186
53F-5-506
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53F-5-603
, as last amended by Laws of Utah 2019, Chapter 186
53F-9-401
, as last amended by Laws of Utah 2019, Chapter 186
53G-4-410
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-205
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-304
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-406
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-501
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-503
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-504
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-302
, as last amended by Laws of Utah 2019, Chapters 293 and 316
53G-6-504
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-702
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-803
, as last amended by Laws of Utah 2019, Chapters 202 and 293
53G-7-306
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-503
, as last amended by Laws of Utah 2019, Chapters 223 and 293
53G-7-504
, as last amended by Laws of Utah 2019, Chapters 223 and 293
53G-7-1004
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-1206
, as last amended by Laws of Utah 2019, Chapters 293 and 505
53G-7-1304
, as enacted by Laws of Utah 2019, Chapter 505
53G-7-1306
, as enacted by Laws of Utah 2019, Chapter 505
53G-8-702
, as last amended by Laws of Utah 2019, Chapters 293 and 441
53G-8-802
, as enacted by Laws of Utah 2019, Chapter 441
53G-9-607
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-704
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-801
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-304
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-402
, as last amended by Laws of Utah 2019, Chapters 196 and 293
53G-10-406
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-502
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-507
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-508
, as last amended by Laws of Utah 2019, Chapters 293 and 325
53G-11-304
, as enacted by Laws of Utah 2019, Chapter 205
53G-11-504
, as last amended by Laws of Utah 2019, Chapter 293
53G-11-508
, as last amended by Laws of Utah 2019, Chapter 293
53G-11-510
, as last amended by Laws of Utah 2019, Chapter 293
53G-11-511
, as last amended by Laws of Utah 2019, Chapters 293 and 324
53G-11-518
, as last amended by Laws of Utah 2019, Chapter 293
63A-1-105.5
, as last amended by Laws of Utah 2008, Chapter 382
63G-3-102
, as last amended by Laws of Utah 2018, Chapter 281
63G-3-201
, as last amended by Laws of Utah 2018, Chapter 325
63G-3-301
, as last amended by Laws of Utah 2019, Chapter 454
63G-3-401
, as last amended by Laws of Utah 2016, Chapter 193
63G-3-402
, as last amended by Laws of Utah 2016, Chapter 193
63G-3-403
, as last amended by Laws of Utah 2016, Chapter 193
63G-3-601
, as last amended by Laws of Utah 2017, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-102
 is amended to read:
53E-1-102.
Public education code definitions.
Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
Funding, and Title 53G, Public Education System -- Local Administration:
(1) "Charter agreement" means an agreement made in accordance with Section
53G-5-303
 that authorizes the operation of a charter school.
(2) "Charter school governing board" means the board that governs a charter school.
(3) "District school" means a public school under the control of a local school board.
(4) "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.
(5) "LEA governing board" means:
(a) for a school district, the local school board;
(b) for a charter school, the charter school governing board; or
(c) for the Utah Schools for the Deaf and the Blind, the state board.
(6) "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.
(7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
Election of Members of Local Boards of Education.
(8) "Minimum School Program" means the same as that term is defined in Section
53F-2-102
.
(9) "Parent" means a parent or legal guardian.
(10) "Public education code" means:
(a) this title;
(b) Title 53F, Public Education System -- Funding; and
(c) Title 53G, Public Education System -- Local Administration.
[
(11) "Rule" means a rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
]
[
(12)
] 
(11)
 "Section 504 accommodation plan" means a plan developed in accordance
with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
with a disability, to meet the student's educational needs and ensure equitable access to a free
appropriate public education.
[
(13)
] 
(12)
 "State board" means the State Board of Education.
[
(14)
] 
(13)
 "State superintendent" means the state superintendent of public instruction
appointed under Section 
53E-3-301
.
Section 2. Section 
53E-3-401
 is amended to read:
53E-3-401.
Powers of the state board -- Adoption of rules -- Enforcement --
Attorney.
(1) As used in this section:
(a) "Education entity" means:
(i) an entity that receives a distribution of state funds through a grant program managed
by the state board under this public education code; 
(ii) an entity that enters into a contract with the state board to provide an educational
good or service;
(iii) a school district; or 
(iv) a charter school. 
(b) "Educational good or service" means a good or service that is required or regulated
under:
(i) this public education code; or
(ii) a rule
, made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and
 authorized under this public education code.
(2) (a) The state board has general control and supervision of the state's public
education system.
(b) "General control and supervision" as used in Utah Constitution, Article X, Section
3, means directed to the whole system.
(3) The state board may not govern, manage, or operate school districts, institutions,
and programs, unless granted that authority by statute.
(4) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board may make rules to execute the state board's duties and
responsibilities under the Utah Constitution and state law.
(b) The state board may delegate the state board's statutory duties and responsibilities
to state board employees.
(5) (a) The state board may sell any interest it holds in real property upon a finding by
the state board that the property interest is surplus.
(b) The state board may use the money it receives from a sale under Subsection (5)(a)
for capital improvements, equipment, or materials, but not for personnel or ongoing costs.
(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
or institution administered by the state board, the money may only be used for purposes related
to the agency or institution.
(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
related matters during the next following session of the Legislature.
(6) The state board shall develop policies and procedures related to federal educational
programs in accordance with Part 8, Implementing Federal or National Education Programs.
(7) On or before December 31, 2010, the state board shall review mandates or
requirements provided for in state board rule to determine whether certain mandates or
requirements could be waived to remove funding pressures on public schools on a temporary
basis.
(8) (a) If an education entity violates this public education code or rules authorized
under this public education code, the state board may, in accordance with the rules described in
Subsection (8)(c):
(i) require the education entity to enter into a corrective action agreement with the state
board;
(ii) temporarily or permanently withhold state funds from the education entity;
(iii) require the education entity to pay a penalty; or
(iv) require the education entity to reimburse specified state funds to the state board.
(b) Except for temporarily withheld funds, if the state board collects state funds under
Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
(c) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules:
(i) that require notice and an opportunity to be heard for an education entity affected by
a state board action described in Subsection (8)(a); and
(ii) to administer this Subsection (8).
(d) (i) An individual may bring a violation of statute or state board rule to the attention
of the state board in accordance with a process described in rule adopted by the state board.
(ii) If the state board identifies a violation of statute or state board rule as a result of the
process described in Subsection (8)(d)(i), the state board may take action in accordance with
this section. 
(e) The state board shall report criminal conduct of an education entity to the district
attorney of the county where the education entity is located.
(9) The state board may audit the use of state funds by an education entity that receives
those state funds as a distribution from the state board.
(10) The state board may require
,
 by rule 
made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 that if an LEA contracts with a third party contractor
for an educational good or service, the LEA shall require in the contract that the third party
contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
that the educational good or service complies with:
(a) this public education code; and
(b) state board rule authorized under this public education code.
(11) (a) The state board may appoint an attorney to provide legal advice to the state
board and coordinate legal affairs for the state board and the state board's employees.
(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
Attorney General.
(c) An attorney described in Subsection (11)(a) may not:
(i) conduct litigation;
(ii) settle claims covered by the Risk Management Fund created in Section 
63A-4-201
;
or
(iii) issue formal legal opinions.
(12) The state board shall ensure that any training or certification that an employee of
the public education system is required to complete under this title or by rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements.
Section 3. Section 
53E-3-503
 is amended to read:
53E-3-503.
Education of individuals in custody of or receiving services from
certain state agencies -- Establishment of coordinating council -- Advisory councils.
(1) (a) The state board is directly responsible for the education of all individuals who
are:
(i) (A) younger than 21 years old; or
(B) eligible for special education services as described in Chapter 7, Part 2, Special
Education Program; and
(ii) (A) receiving services from the Department of Human Services;
(B) in the custody of an equivalent agency of a Native American tribe recognized by
the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
or
(C) being held in a juvenile detention facility.
(b) The state board shall make rules 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 to provide for the distribution of funds for the education of
individuals described in Subsection (1)(a).
(2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the
primary purpose of obtaining access to education programs provided for youth in custody.
(3) The state board shall, where feasible, contract with school districts or other
appropriate agencies to provide educational, administrative, and supportive services, but the
state board shall retain responsibility for the programs.
(4) The Legislature shall establish and maintain separate education budget categories
for youth in custody or who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Juvenile Justice Services and Child and
Family Services;
(b) the Division of Substance Abuse and Mental Health; and
(c) the Division of Services for People with Disabilities.
(5) (a) The Department of Human Services and the state board shall appoint a
coordinating council to plan, coordinate, and recommend budget, policy, and program
guidelines for the education and treatment of persons in the custody of the Division of Juvenile
Justice Services and the Division of Child and Family Services.
(b) The Department of Human Services and the state board may appoint similar
councils for those in the custody of the Division of Substance Abuse and Mental Health or the
Division of Services for People with Disabilities.
(6) A school district contracting to provide services under Subsection (3) shall
establish an advisory council to plan, coordinate, and review education and treatment programs
for individuals held in custody in the district.
Section 4. Section 
53E-3-505
 is amended to read:
53E-3-505.
Financial and economic literacy education.
(1) As used in this section:
(a) "Financial and economic activities" include activities related to the topics listed in
Subsection (1)(b).
(b) "Financial and economic literacy concepts" include concepts related to the
following topics:
(i) basic budgeting;
(ii) saving and financial investments;
(iii) banking and financial services, including balancing a checkbook or a bank account
and online banking services;
(iv) career management, including earning an income;
(v) rights and responsibilities of renting or buying a home;
(vi) retirement planning;
(vii) loans and borrowing money, including interest, credit card debt, predatory
lending, and payday loans;
(viii) insurance;
(ix) federal, state, and local taxes;
(x) charitable giving;
(xi) identity fraud and theft;
(xii) negative financial consequences of gambling;
(xiii) bankruptcy;
(xiv) economic systems, including a description of:
(A) a command system such as socialism or communism, a market system such as
capitalism, and a mixed system; and
(B) historic and current examples of the effects of each economic system on economic
growth;
(xv) supply and demand;
(xvi) monetary and fiscal policy;
(xvii) effective business plan creation, including using economic analysis in creating a
plan;
(xviii) scarcity and choices;
(xix) opportunity cost and tradeoffs;
(xx) productivity;
(xxi) entrepreneurism; and
(xxii) economic reasoning.
(c) "General financial literacy course" means the course of instruction administered by
the state board under Subsection (3).
(2) The state board shall:
(a) more fully integrate existing and new financial and economic literacy education into
instruction in kindergarten through grade 12 by:
(i) coordinating financial and economic literacy instruction with existing instruction in
other areas of the core standards for Utah public schools, such as mathematics and social
studies;
(ii) using curriculum mapping;
(iii) creating training materials and staff development programs that:
(A) highlight areas of potential coordination between financial and economic literacy
education and other core standards for Utah public schools concepts; and
(B) demonstrate specific examples of financial and economic literacy concepts as a
way of teaching other core standards for Utah public schools concepts; and
(iv) using appropriate financial and economic literacy assessments to improve financial
and economic literacy education and, if necessary, developing assessments;
(b) work with interested public, private, and nonprofit entities to:
(i) identify, and make available to teachers, online resources for financial and
economic literacy education, including modules with interactive activities and turnkey
instructor resources;
(ii) coordinate school use of existing financial and economic literacy education
resources;
(iii) develop simple, clear, and consistent messaging to reinforce and link existing
financial literacy resources;
(iv) coordinate the efforts of school, work, private, nonprofit, and other financial
education providers in implementing methods of appropriately communicating to teachers,
students, and parents key financial and economic literacy messages; and
(v) encourage parents and students to establish higher education savings, including a
Utah Educational Savings Plan account;
(c) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to develop guidelines and methods for school districts and charter schools to more
fully integrate financial and economic literacy education into other core standards for Utah
public schools courses; and
(d) in cooperation with school districts, charter schools, and interested private and
nonprofit entities, provide opportunities for professional development in financial and
economic literacy concepts to teachers, including:
(i) a statewide learning community for financial and economic literacy;
(ii) summer workshops; and
(iii) online videos of experts in the field of financial and economic literacy education.
(3) The state board shall:
(a) administer a general financial literacy course in the same manner that the state
board administers other core standards for Utah public school courses for grades 9 through 12;
(b) adopt standards and objectives for the general financial literacy course that address:
(i) financial and economic literacy concepts;
(ii) the costs of going to college, student loans, scholarships, and the Free Application
for Federal Student Aid;
(iii) financial benefits of pursuing concurrent enrollment as defined in Section
53E-10-301
; and
(iv) technology that relates to banking, savings, and financial products; and
(c) (i) contract with a provider, through a request for proposals process, to develop an
online, end-of-course assessment for the general financial literacy course;
(ii) require a school district or charter school to administer an online, end-of-course
assessment to a student who takes the general financial literacy course; and
(iii) develop a plan, through the state superintendent, to analyze the results of an
online, end-of-course assessment in general financial literacy that includes:
(A) an analysis of assessment results by standard; and
(B) average scores statewide and by school district and school.
(4) (a) The state board shall establish a task force to study and make recommendations
to the state board on how to improve financial and economic literacy education in the public
school system.
(b) The task force membership shall include representatives of:
(i) the state board;
(ii) school districts and charter schools;
(iii) the State Board of Regents; and
(iv) private or public entities that teach financial education and share a commitment to
empower individuals and families to achieve economic stability, opportunity, and upward
mobility.
(c) The state board shall convene the task force at least once every three years to
review and recommend adjustments to the standards and objectives of the general financial
literacy course.
Section 5. Section 
53E-3-508
 is amended to read:
53E-3-508.
Rulemaking -- Standards for high quality programs operating outside
of the regular school day.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall, in consultation with the Department of Workforce Services, make
rules that describe the standards for a high quality program operating outside of the regular
school day:
(a) for elementary or secondary students; and
(b) offered by a:
(i) school district;
(ii) charter school;
(iii) private provider, including a non-profit provider; or
(iv) municipality.
(2) The standards described in Subsection (1) shall specify that a high quality program
operating outside of the regular school day:
(a) provides a safe, healthy, and nurturing environment for all participants;
(b) develops and maintains positive relationships among staff, participants, families,
schools, and communities;
(c) encourages participants to learn new skills; and
(d) is effectively administered.
Section 6. Section 
53E-3-512
 is amended to read:
53E-3-512.
 State board rules establishing basic ethical conduct standards --
Local school board policies.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish basic ethical conduct standards for public
education employees who provide education-related services outside of their regular
employment to their current or prospective public school students.
(2) The rules shall provide that a local school board may adopt policies implementing
the standards and addressing circumstances present in the district.
Section 7. Section 
53E-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking
authority.
(1) As used in this section:
(a) "Disciplinary action" means an action by a public school meant to formally
discipline a student of that public school that includes a suspension or expulsion.
(b) "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(c) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(d) "Other law enforcement activity" means a significant law enforcement interaction
with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) referral to a probation officer.
(e) "School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating average daily
membership.
(f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific public school, according to LEA
governing board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public
school employee;
(B) the activity uses the school district or public school facilities, equipment, or other
school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(g) "Student resource officer" or "SRO" means the same as that term is defined in
Section 
53G-8-701
.
(2) Beginning on July 1, 2020, the state board, in collaboration with school districts,
charter schools, and law enforcement agencies, shall develop an annual report regarding the
following incidents that occur on school grounds while school is in session or during a
school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities; and
(c) disciplinary actions.
(3) The report described in Subsection (2) shall include the following information by
school district and charter school:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information
for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action; and
(d) the number of SROs employed.
(4) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (3)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(5) Information included in the annual report described in Subsection (2) shall comply
with:
(a) Chapter 9, Part 3, Student Data Protection;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(6) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to compile the report described in Subsection (2).
(7) The state board shall provide the report described in Subsection (2) in accordance
with Section 
53E-1-203
 for incidents that occurred during the previous school year.
Section 8. Section 
53E-3-519
 is amended to read:
53E-3-519.
School counselor services.
(1) No later than July 1, 2019, the state board shall make rules 
in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act,
 specifying:
(a) the recommended direct and indirect services a school counselor may provide;
(b) the recommended amount of time a school counselor may spend on direct and
indirect services; and
(c) recommended activities for a school counselor.
(2) No later than November 30, 2019, the state board shall prepare and submit to the
Education Interim Committee a report on the state board's strategic efforts to address
counseling services in schools.
Section 9. Section 
53E-4-205
 is amended to read:
53E-4-205.
American civics education initiative.
(1) As used in this section:
(a) "Adult education program" means an organized educational program below the
postsecondary level, other than a regular full-time K-12 secondary education program,
provided by an LEA or nonprofit organization that provides the opportunity for an adult to
further the adult's high school level education.
(b) "Basic civics test" means a test that includes 50 of the 100 questions on the civics
test form used by the United States Citizenship and Immigration Services:
(i) to determine that an individual applying for United States citizenship meets the
basic citizenship skills specified in 8 U.S.C. Sec. 1423; and
(ii) in accordance with 8 C.F.R. Sec. 312.2.
(2) (a) Except as provided in Subsection (2)(b), the state board shall require:
(i) a public school student who graduates on or after January 1, 2016, to pass a basic
civics test as a condition for receiving a high school diploma; and
(ii) a student enrolled in an adult education program to pass a basic civics test as a
condition for receiving an adult education secondary diploma.
(b) The state board may require a public school student to pass an alternate assessment
instead of a basic civics test if the student qualifies for an alternate assessment, as defined in
state board rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(3) An individual who correctly answers a minimum of 35 out of the 50 questions on a
basic civics test passes the test and an individual who correctly answers fewer than 35 out of 50
questions on a basic civics test does not pass the test.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that:
(a) require an LEA that serves secondary students to administer a basic civics test or
alternate assessment to a public school student enrolled in the LEA;
(b) require an adult education program provider to administer a basic civics test to an
individual who intends to receive an adult education secondary diploma;
(c) allow an individual to take a basic civics test as many times as needed in order to
pass the test; and
(d) for the alternate assessment described in Subsection (2)(b), describe:
(i) the content of an alternate assessment;
(ii) how a public school student qualifies for an alternate assessment; and
(iii) how an LEA determines if a student passes an alternate assessment.
Section 10. Section 
53E-4-206
 is amended to read:
53E-4-206.
Career and college readiness mathematics competency standards.
(1) As used in this section, "qualifying score" means a score established as described in
Subsection (4), that, if met by a student, qualifies the student to receive college credit for a
mathematics course that satisfies the state system of higher education quantitative literacy
requirement.
(2) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that:
(a) (i) establish the mathematics competency standards described in Subsection (3) as a
graduation requirement beginning with the 2016-17 school year; and
(ii) include the qualifying scores described in Subsection (4); and
(b) establish systematic reporting of college and career ready mathematics
achievement.
(3) In addition to other graduation requirements established by the state board, a
student shall fulfill one of the following requirements to demonstrate mathematics competency
that supports the student's future college and career goals as outlined in the student's college
and career plan:
(a) for a student pursuing a college degree after graduation:
(i) receive a score that at least meets the qualifying score for:
(A) an Advanced Placement calculus or statistics exam;
(B) an International Baccalaureate higher level mathematics exam;
(C) a college-level math placement test described in Subsection (5);
(D) a College Level Examination Program precalculus or calculus exam; or
(E) the ACT Mathematics Test; or
(ii) receive at least a "C" grade in a concurrent enrollment mathematics course that
satisfies the state system of higher education quantitative literacy requirement;
(b) for a non college degree-seeking student, the student shall complete appropriate
math competencies for the student's career goals as described in the student's college and career
plan;
(c) for a student with an individualized education program prepared in accordance with
the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the student shall
meet the mathematics standards described in the student's individualized education program; or
(d) for a senior student with special circumstances as described in state board rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
student shall fulfill a requirement associated with the student's special circumstances, as
established in state board rule.
(4) The State Board of Regents shall, in consultation with the state board, determine
qualifying scores for the tests and exams described in Subsection (3)(a)(i).
(5) The State Board of Regents, established in Section 
53B-1-103
, shall make a policy
to select at least two tests for college-level math placement.
(6) The State Board of Regents shall, in consultation with the state board, make
policies to:
(a) develop mechanisms for a student who completes a math competency requirement
described in Subsection (3)(a) to:
(i) receive college credit; and
(ii) satisfy the state system of higher education quantitative literacy requirement;
(b) allow a student, upon completion of required high school mathematics courses with
at least a "C" grade, entry into a mathematics concurrent enrollment course;
(c) increase access to a range of mathematics concurrent enrollment courses;
(d) establish a consistent concurrent enrollment course approval process; and
(e) establish a consistent process to qualify high school teachers with an upper level
mathematics endorsement to teach entry level mathematics concurrent enrollment courses.
Section 11. Section 
53E-4-302
 is amended to read:
53E-4-302.
Statewide assessments -- Duties of the state board.
(1) The state board shall:
(a) require the state superintendent to:
(i) submit and recommend statewide assessments to the state board for adoption by the
state board; and
(ii) distribute the statewide assessments adopted by the state board to a school district
or charter school;
(b) provide for the state to participate in the National Assessment of Educational
Progress state-by-state comparison testing program; and
(c) require a school district or charter school to administer statewide assessments.
(2) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules for the administration of statewide assessments.
(3) The state board shall ensure that statewide assessments are administered in
compliance with the requirements of Chapter 9, Student Privacy and Data Protection.
Section 12. Section 
53E-4-408
 is amended to read:
53E-4-408.
Instructional materials alignment with core standards for Utah public
schools.
(1) For a school year beginning with or after the 2012-13 school year, a school district
may not purchase primary instructional materials unless the primary instructional materials
provider:
(a) contracts with an independent party to evaluate and map the alignment of the
primary instructional materials with the core standards for Utah public schools adopted under
Section 
53E-3-501
;
(b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
website at no charge, for use by teachers and the general public; and
(c) pays the costs related to the requirements of this Subsection (1).
(2) The requirements under Subsection (1) may not be performed by:
(a) the state board;
(b) the state superintendent or employees of the state board;
(c) the State Instructional Materials Commission appointed pursuant to Section
53E-4-402
;
(d) a local school board or a school district; or
(e) the instructional materials creator or publisher.
(3) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish:
(a) the qualifications of the independent parties who may evaluate and map the
alignment of the primary instructional materials in accordance with the provisions of
Subsection (1)(a); and
(b) requirements for the detailed summary of the evaluation and its placement on a
public website in accordance with the provisions of Subsection (1)(b).
Section 13. Section 
53E-5-202
 is amended to read:
53E-5-202.
Statewide school accountability system -- State board rulemaking.
(1) There is established a statewide school accountability system.
(2) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to implement the school accountability system in
accordance with this part.
Section 14. Section 
53E-5-301
 is amended to read:
53E-5-301.
Definitions.
As used in this part:
(1) "Charter school authorizer" means the same as that term is defined in Section
53G-5-102
.
(2) "Educator" means the same as that term is defined in Section 
53E-6-102
.
(3) "Final remedial year" means the second school year following the initial remedial
year.
(4) "Independent school turnaround expert" or "turnaround expert" means a person
identified by the state board under Section 
53E-5-305
.
(5) "Initial remedial year" means the school year a district school or charter school is
designated as a low performing school under Section 
53E-5-302
.
(6) " LEA governing board" means a local school board or charter school governing
board.
(7) "Low performing school" means a district school or charter school that has been
designated a low performing school by the state board because the school is:
(a) for two consecutive school years in the lowest performing 3% of schools statewide
according to the percentage of possible points earned under the school accountability system;
and
(b) a low performing school according to other outcome-based measures as may be
defined in rules made by the state board 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(8) "School accountability system" means the school accountability system established
in Part 2, School Accountability System.
(9) "School grade" or "grade" means the letter grade assigned to a school as the
school's overall rating under the school accountability system.
(10) "School turnaround committee" means a committee established under:
(a) for a district school, Section 
53E-5-303
; or
(b) for a charter school, Section 
53E-5-304
.
(11) "School turnaround plan" means a plan described in:
(a) for a district school, Section 
53E-5-303
; or
(b) for a charter school, Section 
53E-5-304
.
Section 15. Section 
53E-5-305
 is amended to read:
53E-5-305.
State board to identify independent school turnaround experts --
Review and approval of school turnaround plans -- Appeals process.
(1) The state board shall identify two or more approved independent school turnaround
experts, through a standard procurement process, that a low performing school may contract
with to:
(a) respond to the needs assessment conducted under Section 
53E-5-302
; and
(b) provide the services described in Section 
53E-5-303
 or 
53E-5-304
, as applicable.
(2) In identifying independent school turnaround experts under Subsection (1), the state
board shall identify experts that:
(a) have a credible track record of improving student academic achievement in public
schools with various demographic characteristics, as measured by statewide assessments
described in Section 
53E-4-301
;
(b) have experience designing, implementing, and evaluating data-driven instructional
systems in public schools;
(c) have experience coaching public school administrators and teachers on designing
data-driven school improvement plans;
(d) have experience working with the various education entities that govern public
schools;
(e) have experience delivering high-quality professional development in instructional
effectiveness to public school administrators and teachers; and
(f) are willing to partner with any low performing school in the state, regardless of
location.
(3) (a) The state board shall:
(i) review a proposal submitted for approval under Section 
53E-5-303
 or 
53E-5-304
 no
later than 30 days after the day on which the proposal is submitted; 
(ii) review a school turnaround plan submitted for approval under Subsection
53E-5-303
(7)(b) or under Subsection 
53E-5-304
(9)(b) within 30 days of submission; and
(iii) approve a school turnaround plan that:
(A) is timely;
(B) is well-developed; and
(C) meets the criteria described in Subsection 
53E-5-303
(5).
(b) The state board may not approve a school turnaround plan that is not aligned with
the needs assessment conducted under Section 
53E-5-302
.
(4) (a) Subject to legislative appropriations, when a school turnaround plan is approved
by the state board, the state board shall distribute funds to each LEA governing board with a
low performing school to carry out the provisions of Sections 
53E-5-303
 and 
53E-5-304
.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules establishing a distribution method and allowable uses of
the funds described in Subsection (4)(a).
(5) The state board shall:
(a) monitor and assess progress toward the goals, benchmarks and timetable in each
school turnaround plan; and
(b) act as a liaison between a local school board, low performing school, and
turnaround expert. 
(6) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules to establish an appeals process for:
(i) a low performing district school that is not granted approval from the district
school's local school board under Subsection 
53E-5-303
(7)(b);
(ii) a low performing charter school that is not granted approval from the charter
school's charter school governing board under Subsection 
53E-5-304
(9)(b); and
(iii) a local school board or charter school governing board that is not granted approval
from the state board under Subsection (3)(a) or (b).
(b) The state board shall ensure that rules made under Subsection (6)(a) require an
appeals process described in:
(i) Subsections (6)(a)(i) and (ii) to be resolved on or before July 1 of the initial
remedial year; and
(ii) Subsection (6)(a)(iii) to be resolved on or before August 15 of the initial remedial
year.
(7) The state board may use up to 4% of the funds appropriated by the Legislature to
carry out the provisions of this part for administration if the amount for administration is
approved by the state board in an open meeting.
Section 16. Section 
53E-5-306
 is amended to read:
53E-5-306.
Implications for failing to improve school performance.
(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 rules 
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(b) meets or exceeds standards for student achievement established by the charter
school's charter school authorizer; and
(c) has received at least a B grade under the school accountability system in the
previous two school years.
(2) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules establishing:
(i) exit criteria for a low performing school;
(ii) criteria for granting a school an extension as described in Subsection (3); and
(iii) implications for a low performing school that does not meet exit criteria after the
school's final remedial year or the last school year of the extension period described in
Subsection (3).
(b) In establishing exit criteria for a low performing school the state board shall:
(i) determine for each low performing school the number of points awarded under the
school accountability system in the final remedial year that represent a substantive and
statistically significant improvement over the number of points awarded under the school
accountability system in the school year immediately preceding the initial remedial year;
(ii) establish a method to estimate the exit criteria after a low performing school's first
remedial year to provide a target for each low performing school; and
(iii) use generally accepted statistical practices.
(c) The state board shall through a competitively awarded contract engage a third party
with expertise in school accountability and assessments to verify the criteria adopted under this
Subsection (2).
(3) (a) A low performing school may petition the state board for an extension to
continue school improvement efforts for up to two years if the low performing school does not
meet the exit criteria established by the state board as described in Subsection (2).
(b) A school that has been granted an extension under this Subsection (3) is eligible
for:
(i) continued funding under Section 
53E-5-305
; and
(ii) (A) the school teacher recruitment and retention incentive under Section
53E-5-308
; or
(B) the School Recognition and Reward Program under Section 
53E-5-307
.
(4) If a low performing school does not meet exit criteria after the school's final
remedial year or the last school year of the extension period, the state board may intervene by:
(a) restructuring a district school, which may include:
(i) contract management;
(ii) conversion to a charter school; or
(iii) state takeover;
(b) restructuring a charter school by:
(i) terminating a school's charter agreement;
(ii) closing a charter school; or
(iii) transferring operation and control of the charter school to:
(A) a high performing charter school; or
(B) the school district in which the charter school is located; or
(c) other appropriate action as determined by the state board.
Section 17. Section 
53E-5-308
 is amended to read:
53E-5-308.
Turnaround school teacher recruitment and retention.
(1) As used in this section, "plan" means a teacher recruitment and retention plan.
(2) On a date specified by the state board, an LEA governing board of a low
performing school shall submit to the state board for review and approval a plan to address
teacher recruitment and retention in a low performing school.
(3) The state board shall:
(a) review a plan submitted under Subsection (2);
(b) approve a plan if the plan meets criteria established by the state board in rules 
made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; and
(c) subject to legislative appropriations, provide funding to an LEA governing board
for teacher recruitment and retention efforts identified in an approved plan if the LEA
governing board provides matching funds in an amount equal to at least the funding the low
performing school would receive from the state board.
(4) The money distributed under this section may only be expended to fund teacher
recruitment and retention efforts identified in an approved plan.
Section 18. Section 
53E-5-309
 is amended to read:
53E-5-309.
School Leadership Development Program.
(1) As used in this section, "school leader" means a school principal or assistant
principal.
(2) There is created the School Leadership Development Program to increase the
number of highly effective school leaders capable of:
(a) initiating, achieving, and sustaining school improvement efforts; and
(b) forming and sustaining community partnerships as described in Section 
53F-5-402
.
(3) The state board shall identify one or more providers, through a request for
proposals process, to develop or provide leadership development training for school leaders
that:
(a) may provide in-depth training in proven strategies to turn around low performing
schools;
(b) may emphasize hands-on and job-embedded learning;
(c) aligns with the state's leadership standards established by state board rule;
(d) reflects the needs of a school district or charter school where a school leader serves;
(e) may include training on using student achievement data to drive decisions;
(f) may develop skills in implementing and evaluating evidence-based instructional
practices;
(g) may develop skills in leading collaborative school improvement structures,
including professional learning communities; and
(h) includes instruction on forming and sustaining community partnerships as
described in Section 
53F-5-402
.
(4) Subject to legislative appropriations, the state board shall provide incentive pay to a
school leader who:
(a) completes leadership development training under this section; and
(b) agrees to work, for at least five years, in a school that received an F grade or D
grade under the school accountability system in the school year previous to the first year the
school leader:
(i) completes leadership development training; and
(ii) begins to work, or continues to work, in a school described in this Subsection
(4)(b).
(5) [
The
] 
In accordance with Title 63G, Utah Administrative Rulemaking Act, the
 state
board shall make rules specifying:
(a) eligibility criteria for a school leader to participate in the School Leadership
Development Program;
(b) application procedures for the School Leadership Development Program;
(c) criteria for selecting school leaders from the application pool; and
(d) procedures for awarding incentive pay under Subsection (4).
Section 19. Section 
53E-6-201
 is amended to read:
53E-6-201.
State board licensure.
(1) To be fully implemented by July 1, 2020, and, if technology and funds are
available, the state board shall establish in rule 
made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 a system for educator licensing that includes:
(a) an associate educator license that permits an individual to provide educational
services in a public school while working to meet the requirements of a professional educator
license;
(b) a professional educator license that permits an individual to provide educational
services in a public school after demonstrating that the individual meets licensure requirements
established in state board rule; and
(c) an LEA-specific educator license issued by the state board at the request of an
LEA's governing body that is valid for an individual to provide educational services in the
requesting LEA's schools.
(2) An individual employed in a position that requires licensure by the state board shall
hold the license that is appropriate to the position.
(3) (a) The state board may by rule 
made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 rank, endorse, or otherwise classify licenses and
establish the criteria for obtaining, retaining, and reinstating licenses.
(b) An educator who is enrolling in a course of study at an institution within the state
system of higher education to satisfy the state board requirements for retaining a license is
exempt from tuition, except for a semester registration fee established by the State Board of
Regents, if:
(i) the educator is enrolled on the basis of surplus space in the class after regularly
enrolled students have been assigned and admitted to the class in accordance with regular
procedures, normal teaching loads, and the institution's approved budget; and
(ii) enrollments are determined by each institution under rules and guidelines
established by the State Board of Regents in accordance with findings of fact that space is
available for the educator's enrollment.
Section 20. Section 
53E-6-301
 is amended to read:
53E-6-301.
 Qualifications of applicants for licenses -- Changes in qualifications.
(1) The state board shall establish by rule 
made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 the scholarship, training, and experience required of
license applicants.
(2) (a) The state board shall announce any increase in the requirements when made.
(b) An increase in requirements shall become effective not less than one year from the
date of the announcement.
(3) The state board may determine by examination or otherwise the qualifications of
license applicants.
Section 21. Section 
53E-6-302
 is amended to read:
53E-6-302.
Teacher preparation programs.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish standards for approval of a preparation
program.
(2) The state board shall ensure that standards adopted under Subsection (1) meet or
exceed generally recognized national standards for preparation of educators.
(3) The state board shall designate an employee of the state board's staff to:
(a) work with education deans of state institutions of higher education to coordinate
on-site monitoring of teacher preparation programs that may include:
(i) monitoring courses for teacher preparation programs;
(ii) working with course instructors for teacher preparation programs; and
(iii) interviewing students admitted to teacher preparation programs;
(b) act as a liaison between:
(i) the state board;
(ii) local school boards or charter school governing boards; and
(iii) representatives of teacher preparation programs; and
(c) report the employee's findings and recommendations for the improvement of
teacher preparation programs to:
(i) the state board; and
(ii) education deans of state institutions of higher education.
(4) The state board shall:
(a) in good faith, consider the findings and recommendations described in Subsection
(3)(c); and
(b) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules, as the state board determines is necessary, to implement recommendations
described in Subsection (3)(c).
Section 22. Section 
53E-6-902
 is amended to read:
53E-6-902.
Teacher leaders.
(1) As used in this section, "teacher" means an educator who has an assignment to
teach in a classroom.
(2) There is created the role of a teacher leader to:
(a) work with a student teacher and a teacher who supervises a student teacher;
(b) assist with the training of a recently hired teacher; and
(c) support school-based professional learning.
(3) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that:
(a) define the role of a teacher leader, including the functions described in Subsection
(2); and
(b) establish the minimum criteria for a teacher to qualify as a teacher leader.
(4) The state board shall solicit recommendations from school districts and educators
regarding:
(a) appropriate resources to provide a teacher leader; and
(b) appropriate ways to compensate a teacher leader.
Section 23. Section 
53E-6-903
 is amended to read:
53E-6-903.
STEM education endorsements and incentive program.
(1) As used in this section, "STEM" means science, technology, engineering, and
mathematics.
(2) The state board shall:
(a) develop STEM education endorsements; and
(b) create and implement financial incentives for:
(i) an educator to earn an elementary or secondary STEM education endorsement
described in Subsection (2)(a); and
(ii) a school district or a charter school to have STEM endorsed educators on staff.
(3) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules establishing the uses of STEM education endorsements
described in Subsection (2), including that:
(a) an incentive for an educator to take a course leading to a STEM education
endorsement may only be given for a course that carries higher-education credit; and
(b) a school district or a charter school may consider a STEM education endorsement
as part of an educator's salary schedule. 
Section 24. Section 
53E-8-204
 is amended to read:
53E-8-204.
Authority of the state board -- Rulemaking -- Superintendent --
Advisory council.
(1) The state board is the governing board of the Utah Schools for the Deaf and the
Blind.
(2) (a) The state board shall appoint a superintendent for the Utah Schools for the Deaf
and the Blind.
(b) The state board shall make rules 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 regarding the qualifications, terms of employment, and duties
of the superintendent for the Utah Schools for the Deaf and the Blind.
(3) The superintendent shall:
(a) subject to the approval of the state board, appoint an associate superintendent to
administer the Utah School for the Deaf based on:
(i) demonstrated competency as an expert educator of deaf persons; and
(ii) knowledge of school management and the instruction of deaf persons;
(b) subject to the approval of the state board, appoint an associate superintendent to
administer the Utah School for the Blind based on:
(i) demonstrated competency as an expert educator of blind persons; and
(ii) knowledge of school management and the instruction of blind persons, including an
understanding of the unique needs and education of deafblind persons.
(4) (a) The state board shall:
(i) establish an advisory council for the Utah Schools for the Deaf and the Blind and
appoint no more than 11 members to the advisory council;
(ii) make rules 
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 regarding the operation of the advisory council; and
(iii) receive and consider the advice and recommendations of the advisory council but
is not obligated to follow the recommendations of the advisory council.
(b) The advisory council described in Subsection (4)(a) shall include at least:
(i) two members who are blind;
(ii) two members who are deaf; and
(iii) two members who are deafblind or parents of a deafblind child.
(5) The state board shall approve the annual budget and expenditures of the Utah
Schools for the Deaf and the Blind.
(6) (a) The state board shall submit a report in accordance with Section 
53E-1-201
 on
the Utah Schools for the Deaf and the Blind.
(b) The state board shall ensure that the report described in Subsection (6)(a) includes:
(i) a financial report;
(ii) a report on Utah Schools for the Deaf and the Blind programs and activities; and
(iii) a report of student academic performance.
Section 25. Section 
53E-8-401
 is amended to read:
53E-8-401.
Eligibility for services of the Utah Schools for the Deaf and the Blind.
(1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to
receive services of the Utah Schools for the Deaf and the Blind if the individual is:
(a) a resident of Utah;
(b) younger than 22 years of age;
(c) referred to the Utah Schools for the Deaf and the Blind by:
(i) the individual's school district of residence;
(ii) a local early intervention program; or
(iii) if the referral is consistent with the Individual with Disabilities Education Act, 20
U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
(d) identified as deaf, blind, or deafblind through:
(i) the special education eligibility determination process; or
(ii) the Section 504 eligibility determination process.
(2) (a) In determining eligibility for an individual who is younger than age three and is
deafblind, the following information may be used:
(i) opthalmological and audiological documentation;
(ii) functional vision or hearing assessments and evaluations; or
(iii) informed clinical opinion conducted by a person with expertise in deafness,
blindness, or deafblindness.
(b) Informed clinical opinion shall be:
(i) included in the determination of eligibility when documentation is incomplete or not
conclusive; and
(ii) based on pertinent records related to the individual's current health status and
medical history, an evaluation and observations of the individual's level of sensory functioning,
and the needs of the family.
(3) (a) A student who qualifies for special education shall have services and placement
determinations made through the IEP process.
(b) A student who qualifies for accommodations under Section 504 shall have services
and placement determinations made through the Section 504 team process.
(4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the
Blind in accordance with 
the
 rules of the state board 
described in Subsection (6)
.
(b) The rules shall require the payment of tuition for services provided to a
nonresident.
(5) An individual is eligible to receive services from the Utah Schools for the Deaf and
the Blind under circumstances described in Section 
53E-8-408
.
(6) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board:
(a) shall make rules that determine the eligibility of students to be served by the Utah
Schools for the Deaf and the Blind; and
(b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind
to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger
than 22 years of age.
Section 26. Section 
53E-8-409
 is amended to read:
53E-8-409.
Instructional Materials Access Center -- Board to make rules.
(1) The state board shall collaborate with the Utah Schools for the Deaf and the Blind,
school districts, and charter schools in establishing the Utah State Instructional Materials
Access Center to provide students with print disabilities access to instructional materials in
alternate formats in a timely manner.
(2) The state board shall make rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 to:
(a) establish the Utah State Instructional Materials Access Center;
(b) define how the Utah Schools for the Deaf and the Blind shall collaborate in the
operation of the Utah State Instructional Materials Access Center;
(c) specify procedures for the operation of the Utah State Instructional Materials
Access Center, including procedures to:
(i) identify students who qualify for instructional materials in alternate formats; and
(ii) distribute and store instructional materials in alternate formats; and
(d) require textbook publishers, as a condition of contract, to provide electronic file
sets in conformance with the National Instructional Materials Accessibility Standard.
Section 27. Section 
53E-9-301
 is amended to read:
53E-9-301.
Definitions.
As used in this part:
(1) "Adult student" means a student who:
(a) is at least 18 years old;
(b) is an emancipated student; or
(c) qualifies under the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
(2) "Aggregate data" means data that:
(a) are totaled and reported at the group, cohort, school, school district, region, or state
level with at least 10 individuals in the level;
(b) do not reveal personally identifiable student data; and
(c) are collected in accordance with state board rule.
(3) (a) "Biometric identifier" means a:
(i) retina or iris scan;
(ii) fingerprint;
(iii) human biological sample used for valid scientific testing or screening; or
(iv) scan of hand or face geometry.
(b) "Biometric identifier" does not include:
(i) a writing sample;
(ii) a written signature;
(iii) a voiceprint;
(iv) a photograph;
(v) demographic data; or
(vi) a physical description, such as height, weight, hair color, or eye color.
(4) "Biometric information" means information, regardless of how the information is
collected, converted, stored, or shared:
(a) based on an individual's biometric identifier; and
(b) used to identify the individual.
(5) "Data breach" means an unauthorized release of or unauthorized access to
personally identifiable student data that is maintained by an education entity.
(6) "Data governance plan" means an education entity's comprehensive plan for
managing education data that:
(a) incorporates reasonable data industry best practices to maintain and protect student
data and other education-related data;
(b) describes the role, responsibility, and authority of an education entity data
governance staff member;
(c) provides for necessary technical assistance, training, support, and auditing;
(d) describes the process for sharing student data between an education entity and
another person;
(e) describes the education entity's data expungement process, including how to
respond to requests for expungement;
(f) describes the data breach response process; and
(g) is published annually and available on the education entity's website.
(7) "Education entity" means:
(a) the state board;
(b) a local school board;
(c) a charter school governing board;
(d) a school district;
(e) a charter school; or
(f) the Utah Schools for the Deaf and the Blind.
(8) "Expunge" means to seal or permanently delete data, as described in state board
rule made 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
under Section 
53E-9-306
.
(9) "General audience application" means an Internet website, online service, online
application, mobile application, or software program that:
(a) is not specifically intended for use by an audience member that attends kindergarten
or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from
1 to 12; and
(b) is not subject to a contract between an education entity and a third-party contractor.
(10) "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.
(11) "Metadata dictionary" means a record that:
(a) defines and discloses all personally identifiable student data collected and shared by
the education entity;
(b) comprehensively lists all recipients with whom the education entity has shared
personally identifiable student data, including:
(i) the purpose for sharing the data with the recipient;
(ii) the justification for sharing the data, including whether sharing the data was
required by federal law, state law, or a local directive; and
(iii) how sharing the data is permitted under federal or state law; and
(c) without disclosing personally identifiable student data, is displayed on the
education entity's website.
(12) "Necessary student data" means data required by state statute or federal law to
conduct the regular activities of an education entity, including:
(a) name;
(b) date of birth;
(c) sex;
(d) parent contact information;
(e) custodial parent information;
(f) contact information;
(g) a student identification number;
(h) local, state, and national assessment results or an exception from taking a local,
state, or national assessment;
(i) courses taken and completed, credits earned, and other transcript information;
(j) course grades and grade point average;
(k) grade level and expected graduation date or graduation cohort;
(l) degree, diploma, credential attainment, and other school exit information;
(m) attendance and mobility;
(n) drop-out data;
(o) immunization record or an exception from an immunization record;
(p) race;
(q) ethnicity;
(r) tribal affiliation;
(s) remediation efforts;
(t) an exception from a vision screening required under Section 
53G-9-404
 or
information collected from a vision screening described in Section 
53G-9-404
;
(u) information related to the Utah Registry of Autism and Developmental Disabilities,
described in Section 
26-7-4
;
(v) student injury information;
(w) a disciplinary record created and maintained as described in Section 
53E-9-306
;
(x) juvenile delinquency records;
(y) English language learner status; and
(z) child find and special education evaluation data related to initiation of an IEP.
(13) (a) "Optional student data" means student data that is not:
(i) necessary student data; or
(ii) student data that an education entity may not collect under Section 
53E-9-305
.
(b) "Optional student data" includes:
(i) information that is:
(A) related to an IEP or needed to provide special needs services; and
(B) not necessary student data;
(ii) biometric information; and
(iii) information that is not necessary student data and that is required for a student to
participate in a federal or other program.
(14) "Parent" means:
(a) a student's parent;
(b) a student's legal guardian; or
(c) an individual who has written authorization from a student's parent or legal
guardian to act as a parent or legal guardian on behalf of the student.
(15) (a) "Personally identifiable student data" means student data that identifies or is
used by the holder to identify a student.
(b) "Personally identifiable student data" includes:
(i) a student's first and last name;
(ii) the first and last name of a student's family member;
(iii) a student's or a student's family's home or physical address;
(iv) a student's email address or other online contact information;
(v) a student's telephone number;
(vi) a student's social security number;
(vii) a student's biometric identifier;
(viii) a student's health or disability data;
(ix) a student's education entity student identification number;
(x) a student's social media user name and password or alias;
(xi) if associated with personally identifiable student data, the student's persistent
identifier, including:
(A) a customer number held in a cookie; or
(B) a processor serial number;
(xii) a combination of a student's last name or photograph with other information that
together permits a person to contact the student online;
(xiii) information about a student or a student's family that a person collects online and
combines with other personally identifiable student data to identify the student; and
(xiv) information that, alone or in combination, is linked or linkable to a specific
student that would allow a reasonable person in the school community, who does not have
personal knowledge of the relevant circumstances, to identify the student with reasonable
certainty.
(16) "School official" means an employee or agent of an education entity, if the
education entity has authorized the employee or agent to request or receive student data on
behalf of the education entity.
(17) (a) "Student data" means information about a student at the individual student
level.
(b) "Student data" does not include aggregate or de-identified data.
(18) "Student data manager" means:
(a) the state student data officer; or
(b) an individual designated as a student data manager by an education entity under
Section 
53E-9-303
, who fulfills the duties described in Section 
53E-9-308
.
(19) (a) "Targeted advertising" means presenting advertisements to a student where the
advertisement is selected based on information obtained or inferred over time from that
student's online behavior, usage of applications, or student data.
(b) "Targeted advertising" does not include advertising to a student:
(i) at an online location based upon that student's current visit to that location; or
(ii) in response to that student's request for information or feedback, without retention
of that student's online activities or requests over time for the purpose of targeting subsequent
ads.
(20) "Third-party contractor" means a person who:
(a) is not an education entity; and
(b) pursuant to a contract with an education entity, collects or receives student data in
order to provide a product or service, as described in the contract, if the product or service is
not related to school photography, yearbooks, graduation announcements, or a similar product
or service.
(21) "Written consent" means written authorization to collect or share a student's
student data, from:
(a) the student's parent, if the student is not an adult student; or
(b) the student, if the student is an adult student.
Section 28. Section 
53E-9-302
 is amended to read:
53E-9-302.
State student data protection governance.
(1) (a) An education entity or a third-party contractor who collects, uses, stores, shares,
or deletes student data shall protect student data as described in this part.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to administer this part, including student data protection
standards for public education employees, student aides, and volunteers.
(2) The state board shall oversee the preparation and maintenance of:
(a) a statewide data governance plan; and
(b) a state-level metadata dictionary.
(3) As described in this Subsection (3), the state board shall establish advisory groups
to oversee student data protection in the state and make recommendations to the state board
regarding student data protection.
(a) The state board shall establish a student data policy advisory group:
(i) composed of members from:
(A) the Legislature;
(B) the state board and state board employees; and
(C) one or more LEAs;
(ii) to discuss and make recommendations to the state board regarding:
(A) enacted or proposed legislation; and
(B) state and local student data protection policies across the state;
(iii) that reviews and monitors the state student data governance plan; and
(iv) that performs other tasks related to student data protection as designated by the
state board.
(b) The state board shall establish a student data governance advisory group:
(i) composed of the state student data officer and other state board employees; and
(ii) that performs duties related to state and local student data protection, including:
(A) overseeing data collection and usage by state board program offices; and
(B) preparing and maintaining the state board's student data governance plan under the
direction of the student data policy advisory group.
(c) The state board shall establish a student data users advisory group:
(i) composed of members who use student data at the local level; and
(ii) that provides feedback and suggestions on the practicality of actions proposed by
the student data policy advisory group and the student data governance advisory group.
(4) (a) The state board shall designate a state student data officer.
(b) The state student data officer shall:
(i) act as the primary point of contact for state student data protection administration in
assisting the state board to administer this part;
(ii) ensure compliance with student privacy laws throughout the public education
system, including:
(A) providing training and support to applicable state board and LEA employees; and
(B) producing resource materials, model plans, and model forms for local student data
protection governance, including a model student data collection notice;
(iii) investigate complaints of alleged violations of this part;
(iv) report violations of this part to:
(A) the state board;
(B) an applicable education entity; and
(C) the student data policy advisory group; and
(v) act as a state level student data manager.
(5) The state board shall designate:
(a) at least one support manager to assist the state student data officer; and
(b) a student data protection auditor to assist the state student data officer.
(6) The state board shall establish a research review process for a request for data for
the purpose of research or evaluation.
Section 29. Section 
53E-9-304
 is amended to read:
53E-9-304.
Student data ownership and access -- Notification in case of
significant data breach.
(1) (a) A student owns the student's personally identifiable student data.
(b) An education entity shall allow the following individuals to access a student's
student data that is maintained by the education entity:
(i) the student's parent;
(ii) the student; and
(iii) in accordance with the education entity's internal policy described in Section
53E-9-303
 and in the absence of a parent, an individual acting as a parent to the student.
(2) (a) If a significant data breach occurs at an education entity, the education entity
shall notify:
(i) the student, if the student is an adult student; or
(ii) the student's parent, if the student is not an adult student.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to define a significant data breach described in Subsection
(2)(a).
Section 30. Section 
53E-9-306
 is amended to read:
53E-9-306.
Using and expunging student data -- Rulemaking -- Disciplinary
records.
(1) In accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, 
and Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 the state
board shall make rules regarding using and expunging student data, including:
(a) a categorization of disciplinary records that includes the following levels of
maintenance:
(i) one year;
(ii) three years; and
(iii) in accordance with Subsection (3), as determined by the education entity;
(b) the types of student data that may be expunged, including:
(i) medical records; and
(ii) behavioral test assessments;
(c) the types of student data that may not be expunged, including:
(i) grades;
(ii) transcripts;
(iii) a record of the student's enrollment; and
(iv) assessment information; and
(d) the timeline and process for a prior student or parent of a prior student to request
that an education entity expunge all of the prior student's student data.
(2) In accordance with state board rule, an education entity may create and maintain a
disciplinary record for a student.
(3) (a) As recognized in Section 
53E-9-304
, and to ensure maximum student data
privacy, an education entity shall, in accordance with state board rule, expunge a student's
student data that is stored by the education entity.
(b) An education entity shall retain and dispose of records in accordance with Section
63G-2-604
 and state board rule.
Section 31. Section 
53E-9-307
 is amended to read:
53E-9-307.
Securing and cataloguing student data.
[
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the
 state board shall make rules that:
(1) using reasonable data industry best practices, prescribe the maintenance and
protection of stored student data by:
(a) an education entity;
(b) the Utah Registry of Autism and Developmental Disabilities, described in Section
26-7-4
, for student data obtained under Section 
53E-9-308
; and
(c) a third-party contractor; and
(2) state requirements for an education entity's metadata dictionary.
Section 32. Section 
53E-10-703
 is amended to read:
53E-10-703.
ULEAD director -- Qualification and employment -- Duties --
Reporting -- Annual conference.
(1) The ULEAD director shall:
(a) (i) hold a doctorate degree in education or an equivalent degree; and
(ii) have demonstrated experience in research and dissemination of best practices in
education; and
(b) (i) be a full-time employee; and
(ii) report to the state superintendent.
(2) The state superintendent shall:
(a) evaluate the director's performance annually;
(b) report on the director's performance to the selection committee; and
(c) provide space for the director and the director's staff.
(3) The director may hire staff, using only money specifically appropriated to ULEAD.
(4) The director shall perform the following duties and functions:
(a) gather current research on innovative and effective practices in K-12 education for
use by policymakers and practitioners;
(b) facilitate collaboration between LEAs, higher education researchers, and
practitioners by:
(i) sharing innovative and effective practices shown to improve student learning;
(ii) identifying experts in specific areas of practice; and
(iii) maintaining a research clearinghouse and directory of researchers; and
(c) analyze barriers to replication or adaption of innovative and successful practices
studied by ULEAD or contributed to the ULEAD research clearinghouse.
(5) The director shall:
(a) prioritize reports and other research based on recommendations of the steering
committee in accordance with Subsection 
53E-10-707
(5), and after consulting with individuals
described in Subsection 
53E-10-707
(6);
(b) identify Utah LEAs, or schools outside the public school system, that are:
(i) innovative in specific areas of practice; and
(ii) more effective or efficient than comparable LEAs in improving student learning;
(c) establish criteria for innovative practice reports to be performed by participating
institutions and included in the research clearinghouse, including report templates;
(d) arrange with participating institutions to generate innovative practice reports on
effective and innovative K-12 education practices; and
(e) (i) disseminate each innovative practice report to LEAs; and
(ii) publish innovative practice reports on the ULEAD website.
(6) In an innovative practice report, a participating institution shall:
(a) include or reference a review of research regarding the practice in which the subject
LEA has demonstrated success;
(b) identify through academically acceptable, evidence-based research methods the
causes of the LEA's successful practice;
(c) identify opportunities for LEAs to adopt or customize innovative or best practices;
(d) address limitations to successful replication or adaptation of the successful practice
by other LEAs, which may include barriers arising from federal or state law, state or LEA
policy, socioeconomic conditions, or funding limitations;
(e) include practical templates for successful replication and adaptation of successful
practices, following criteria established by the director;
(f) identify experts in the successful practice that is the subject of the innovative
practice report, including teachers or administrators at the subject LEA; and
(g) include:
(i) an executive summary describing the innovative practice report; and
(ii) a video component or other elements designed to ensure that an innovative practice
report is readily understandable by practitioners.
(7) The director may, if requested by an LEA leader or policymaker, conduct an
evidence-based review of a possible innovation in an area of practice.
(8) The director may also accept innovative practice reports from trained practitioners
that meet the criteria set by the director.
(9) The director or a participating institution, to enable successful replication or
adaption of successful practices, may recommend to:
(a) the Legislature, amendments to state law; or
(b) the state board, revisions to state board rule
, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 or policy.
(10) The director shall:
(a) report on the activities of ULEAD annually to the state board; and
(b) provide reports or other information to the state board upon state board request.
(11) The director shall:
(a) prepare an annual report on ULEAD research and other activities;
(b) submit the report in accordance with Section 
53E-1-201
 and 
53E-1-202
;
(c) publish the annual report on the ULEAD website; and
(d) disseminate the report to LEAs through electronic channels.
(12) The director shall facilitate and conduct an annual conference on successful and
innovative K-12 education practices, featuring:
(a) Utah education leaders; and
(b) practitioners and researchers, chosen by the director, to discuss the subjects of LEA
and other ULEAD activities, or other innovative and successful education practices.
Section 33. Section 
53E-10-705
 is amended to read:
53E-10-705.
Participating institutions.
(1) The director may arrange or collaborate with a participating institution:
(a) to conduct an innovative practice report or provide other research services,
including research regarding barriers to adoption of practices studied by ULEAD;
(b) to assist an LEA to:
(i) facilitate communities of practice for replication or adaptation of best practices
identified by ULEAD; and
(ii) advise teachers and school leaders on conducting their own research to improve
education practices;
(c) to assist an LEA with an application to the state board for waiver from a state board
rule
, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 in
accordance with Section 
53G-7-202
 to allow replication or adaptation of best practices; or
(d) for any other purpose that is consistent with and advances the director's duties and
functions.
(2) An agreement entered into by a participating institution with the state board or an
LEA to perform ULEAD work shall:
(a) include provisions allowing and governing external research data sharing; and
(b) comply with state and federal law.
(3) The director shall support federal and private research funding requests by a
participating institution for research that is in support of the director's duties and functions.
Section 34. Section 
53F-2-303
 is amended to read:
53F-2-303.
Foreign exchange student weighted pupil units.
(1) 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) through (4).
(2) (a) Notwithstanding Section 
53F-2-302
, 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.
(b) Subject to the limitation in Subsection (3), 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:
(i) enrolled in a school district or charter school on October 1 of the previous fiscal
year; and
(ii) sponsored by an agency approved by the district's local school board or charter
school's governing board.
(3) (a) The total number of foreign exchange students in the state that may be counted
for the purpose of apportioning state money under Subsection (2) shall be the lesser of:
(i) the number of foreign exchange students enrolled in public schools in the state on
October 1 of the previous fiscal year; or
(ii) 328 foreign exchange students.
(b) The state board 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).
(4) Notwithstanding Section 
53F-2-601
, weighted pupil units in the grades 1-12 basic
program for foreign exchange students, as determined by Subsections (2) and (3), may not be
included for the purposes of determining a school district's state guarantee money under
Section 
53F-2-601
.
Section 35. Section 
53F-2-304
 is amended to read:
53F-2-304.
Necessarily existent small schools -- Computing additional weighted
pupil units -- Consolidation of small schools.
(1) As used in this section, "necessarily existent small schools funding balance" means
the difference between:
(a) the amount appropriated for the necessarily existent small schools program in a
fiscal year; and
(b) the amount distributed to school districts for the necessarily existent small schools
program in the same fiscal year.
(2) (a) Upon application by a local school board, the state board shall, in consultation
with the local school board, classify schools in the school district as necessarily existent small
schools, in accordance with this section and state board rules adopted under Subsection (3).
(b) An application must be submitted to the state board before April 2, and the state
board must report a decision to a local school board before June 2.
(3) The state board shall adopt standards and make rules
, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 to:
(a) govern the approval of necessarily existent small schools consistent with principles
of efficiency and economy that serve the purpose of eliminating schools where consolidation is
feasible by participation in special school units; and
(b) ensure that school districts are not building secondary schools in close proximity to
one another where economy and efficiency would be better served by one school meeting the
needs of secondary students in a designated geographical area.
(4) A one or two-year secondary school that has received necessarily existent small
school money under this section prior to July 1, 2000, may continue to receive such money in
subsequent years.
(5) The state board shall prepare and publish objective standards and guidelines for
determining which small schools are necessarily existent after consultation with local school
boards.
(6) (a) Additional weighted pupil units for schools classified as necessarily existent
small schools shall be computed using regression formulas adopted by the state board.
(b) The regression formulas establish the following maximum sizes for funding under
the necessarily existent small school program:
(i) an elementary school 160
(ii) a one or two-year secondary school 300
(iii) a three-year secondary school 450
(iv) a four-year secondary school 500
(v) a six-year secondary school 600
(c) Schools with fewer than 10 students shall receive the same add-on weighted pupil
units as schools with 10 students.
(d) The state board shall prepare and distribute an allocation table based on the
regression formula to each school district.
(7) (a) To avoid penalizing a school district financially for consolidating the school
district's small schools, additional weighted pupil units may be allowed a school district each
year, not to exceed two years.
(b) The additional weighted pupil units may not exceed the difference between what
the school district receives for a consolidated school and what the school district would have
received for the small schools had the small schools not been consolidated.
(8) Subject to legislative appropriation, the state board shall give first priority from an
appropriation made under this section to funding an expense approved by the state board as
described in Subsection 
53G-6-305
(3)(a).
(9) (a) Subject to Subsection (9)(b) and after a distribution made under Subsection (8),
the state board may distribute a portion of necessarily existent small schools funding in
accordance with a formula adopted by the state board that considers the tax effort of a local
school board.
(b) The amount distributed in accordance with Subsection (9)(a) may not exceed the
necessarily existent small schools fund in balance of the prior fiscal year.
(10) A local school board may use the money allocated under this section for
maintenance and operation of school programs or for other school purposes as approved by the
state board.
Section 36. Section 
53F-2-305
 is amended to read:
53F-2-305.
Professional staff weighted pupil units.
(1) Professional staff weighted pupil units are computed and distributed in accordance
with the following schedule:
(a) Professional Staff Cost Formula
Years of
Experience
Bachelor's
Degree
Bachelor's
+30 Qt. Hr.
Master's
Degree
Master's
Degree
+45 Qt. Hr.
Doctorate
1.00
1.05
1.10
1.15
1.20
1.05
1.10
1.15
1.20
1.25
1.10
1.15
1.20
1.25
1.30
1.15
1.20
1.25
1.30
1.35
1.20
1.25
1.30
1.35
1.40
1.25
1.30
1.35
1.40
1.45
1.30
1.35
1.40
1.45
1.50
1.35
1.40
1.45
1.50
1.55
1.50
1.55
1.60
1.60
1.65
1.70
(b) Multiply the number of full-time or equivalent professional personnel in each
applicable experience category in Subsection (1)(a) by the applicable weighting factor.
(c) Divide the total of Subsection (1)(b) by the number of professional personnel
included in Subsection (1)(b) and reduce the quotient by 1.00.
(d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
in accordance with Sections 
53F-2-302
 and 
53F-2-304
.
(2) The state board shall enact rules 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 that require a certain percentage of a school district's or
charter school's professional staff to be certified in the area in which the staff teaches in order
for the school district or charter school to receive full funding under the schedule.
(3) If an individual's teaching experience is a factor in negotiating a contract of
employment to teach in the state's public schools, then the LEA governing board is encouraged
to accept as credited experience all of the years the individual has taught in the state's public
schools.
Section 37. Section 
53F-2-307
 is amended to read:
53F-2-307.
Weighted pupil units for programs for students with disabilities --
Local school board allocation.
(1) The number of weighted pupil units for students with disabilities shall reflect the
direct cost of programs for those students conducted in accordance with rules established by the
state board 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2) Disability program money allocated to school districts or charter schools is
restricted and shall be spent for the education of students with disabilities but may include
expenditures for approved programs of services conducted for certified instructional personnel
who have students with disabilities in their classes.
(3) The state board shall establish and strictly interpret definitions and provide
standards for determining which students have disabilities and shall assist school districts and
charter schools in determining the services that should be provided to students with disabilities.
(4) Each year the state board shall evaluate the standards and guidelines that establish
the identifying criteria for disability classifications to assure strict compliance with those
standards by the school districts and charter schools.
(5) (a) Money appropriated to the state board for add-on WPUs for students with
disabilities enrolled in regular programs shall be allocated to school districts and charter
schools as provided in this Subsection (5).
(b) The state board shall use a school district's or charter school's average number of
special education add-on weighted pupil units determined by the previous five year's average
daily membership data as a foundation for the special education add-on appropriation.
(c) A school district's or charter school's special education add-on WPUs for the
current year may not be less than the foundation special education add-on WPUs.
(d) Growth WPUs shall be added to the prior year special education add-on WPUs, and
growth WPUs shall be determined as follows:
(i) The special education student growth factor is calculated by comparing S-3 total
special education ADM of two years previous to the current year to the S-3 total special
education ADM three years previous to the current year, not to exceed the official October total
school district growth factor from the prior year.
(ii) When calculating and applying the growth factor, a school district's S-3 total
special education ADM for a given year is limited to 12.18% of the school district's S-3 total
student ADM for the same year.
(iii) Growth ADMs are calculated by applying the growth factor to the S-3 total special
education ADM of two years previous to the current year.
(iv) Growth ADMs for each school district or each charter school are multiplied by
1.53 weighted pupil units and added to the prior year special education add-on WPU to
determine each school district's or each charter school's total allocation.
(6) If money appropriated under this chapter for programs for students with disabilities
does not meet the costs of school districts and charter schools for those programs, each school
district and each charter school shall first receive the amount generated for each student with a
disability under the basic program.
Section 38. Section 
53F-2-309
 is amended to read:
53F-2-309.
Appropriation for intensive special education costs.
(1) The state board shall
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 make rules establishing a distribution formula to allocate money appropriated
to the state board for Special Education -- Intensive Services that allocate to an LEA:
(a) 50% of the appropriation based on the highest cost students with disabilities; and
(b) 50% of the appropriation based on the highest impact to an LEA due to high cost
students with disabilities.
(2) The state board shall allocate money appropriated to the state board for Special
Education -- Intensive Services in accordance with rules described in Subsection (1).
Section 39. Section 
53F-2-404
 is amended to read:
53F-2-404.
School LAND Trust Program distribution of funds.
(1) (a) By appropriation the Legislature shall fund the School LAND Trust Program,
established in Section 
53G-7-1206
, on or before July 31 of each fiscal year:
(i) from the Trust Distribution Account, created in Section 
53F-9-201
; and
(ii) except as provided in Subsection (1)(b), in the total amount of the quarterly
deposits made to the Trust Distribution Account for the School LAND Trust Program during
the prior fiscal year.
(b) The amount described in Subsection (1)(a)(ii) may not exceed an amount equal to
3% of the funds provided for the Minimum School Program, in accordance with this chapter ,
each fiscal year.
(c) Independently from the appropriation for the School LAND Trust Program
described in Subsection (1)(a), the Legislature shall make an annual appropriation to the state
board from the Trust Distribution Account, created in Section 
53F-9-201
, for the
administration of the School LAND Trust Program.
(d) Any unused balance remaining from an amount appropriated under Subsection
(1)(c) shall be deposited into the Trust Distribution Account.
(2) (a) The state board shall allocate the money referred to in Subsection (1)(a)
annually as follows:
(i) the Utah Schools for the Deaf and the Blind shall receive funding equal to the
product of:
(A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
Blind divided by enrollment on October 1 in the prior year in public schools statewide; and
(B) the total amount available for distribution under Subsection (1)(a);
(ii) charter schools shall receive funding equal to the product of:
(A) charter school enrollment on October 1 in the prior year, divided by enrollment on
October 1 in the prior year in public schools statewide; and
(B) the total amount available for distribution under Subsection (1)(a); and
(iii) of the funds available for distribution under Subsection (1)(a) after the allocation
of funds for the Utah Schools for the Deaf and the Blind and charter schools:
(A) school districts shall receive 10% of the funds on an equal basis; and
(B) the remaining 90% of the funds shall be distributed to school districts on a per
student basis.
(b) (i) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules specifying a formula to distribute the amount
allocated under Subsection (2)(a)(ii) to charter schools.
(ii) In making rules under Subsection (2)(b)(i), the state board shall:
(A) consult with the State Charter School Board; and
(B) ensure that the rules include a provision that allows a charter school in the charter
school's first year of operations to receive funding based on projected enrollment, to be
adjusted in future years based on actual enrollment.
(c) A school district shall distribute its allocation under Subsection (2)(a)(iii) to each
school within the school district on an equal per student basis.
(d) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board may make rules regarding the time and manner in which the student count
shall be made for allocation of the money under Subsection (2)(a)(iii).
Section 40. Section 
53F-2-405
 is amended to read:
53F-2-405.
Educator salary adjustments.
(1) As used in this section, "educator" means a person employed by a school district,
charter school, or the Utah Schools for the Deaf and the Blind who holds:
(a) a license issued by the state board; and
(b) a position as a:
(i) classroom teacher;
(ii) speech pathologist;
(iii) librarian or media specialist;
(iv) preschool teacher;
(v) mentor teacher;
(vi) teacher specialist or teacher leader;
(vii) guidance counselor;
(viii) audiologist;
(ix) psychologist; or
(x) social worker.
(2) In recognition of the need to attract and retain highly skilled and dedicated
educators, the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3) Money appropriated to the state board for educator salary adjustments shall be
distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
in proportion to the number of full-time-equivalent educator positions in a school district, a
charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
of full-time-equivalent educator positions in school districts, charter schools, and the Utah
Schools for the Deaf and the Blind.
(4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
shall award bonuses to educators as follows:
(a) the amount of the salary adjustment shall be the same for each full-time-equivalent
educator position in the school district, charter school, or the Utah Schools for the Deaf and the
Blind;
(b) an individual who is not a full-time educator shall receive a partial salary
adjustment based on the number of hours the individual works as an educator; and
(c) a salary adjustment may be awarded only to an educator who has received a
satisfactory rating or above on the educator's most recent evaluation.
(5) The state board may make rules as necessary to administer this section 
in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
money each year to:
(i) maintain educator salary adjustments provided in prior years; and
(ii) provide educator salary adjustments to new employees.
(b) Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i) retirement;
(ii) worker's compensation;
(iii) social security; and
(iv) Medicare.
(7) (a) Subject to future budget constraints, the Legislature shall:
(i) maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii) provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b) The appropriation provided for educator salary adjustments shall include salary
adjustments for school administrators as specified in Subsection (7)(a).
(c) In distributing and awarding salary adjustments for school administrators, the state
board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
comply with the requirements for the distribution and award of educator salary adjustments as
provided in Subsections (3) and (4).
Section 41. Section 
53F-2-409
 is amended to read:
53F-2-409.
Concurrent enrollment funding.
(1) The terms defined in Section 
53E-10-301
 apply to this section.
(2) The state board shall allocate money appropriated for concurrent enrollment in
accordance with this section.
(3) (a) The state board shall allocate money appropriated for concurrent enrollment in
proportion to the number of credit hours earned for courses taken where:
(i) an LEA primarily bears the cost of instruction; and
(ii) an institution of higher education primarily bears the cost of instruction.
(b) From the money allocated under Subsection (3)(a)(i), the state board shall
distribute:
(i) 60% of the money to LEAs; and
(ii) 40% of the money to the State Board of Regents.
(c) From the money allocated under Subsection (3)(a)(ii), the state board shall
distribute:
(i) 40% of the money to LEAs; and
(ii) 60% of the money to the State Board of Regents.
(d) The state board shall make rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 providing for the distribution of the money to LEAs under
Subsections (3)(b)(i) and (3)(c)(i).
(e) The State Board of Regents shall make rules
, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 providing for the distribution of the money allocated
to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
(4) Subject to budget constraints, the Legislature shall annually increase the money
appropriated for concurrent enrollment in proportion to the percentage increase over the
previous school year in:
(a) kindergarten through grade 12 student enrollment; and
(b) the value of the weighted pupil unit.
(5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
may use the allocation as described in Section 
53F-2-206
.
Section 42. Section 
53F-2-415
 is amended to read:
53F-2-415.
Student health and counseling support -- Qualifying personnel --
Distribution formula -- Rulemaking.
(1) As used in this section, "qualifying personnel" means a school counselor or other
counselor, school psychologist or other psychologist, school social worker or other social
worker, or school nurse who:
(a) is licensed; and
(b) collaborates with educators and a student's parent on:
(i) early identification and intervention of the student's academic and mental health
needs; and
(ii) removing barriers to learning and developing skills and behaviors critical for the
student's academic achievement.
(2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
the state board shall distribute money appropriated under this section to LEAs to provide in a
school targeted school-based mental health support, including clinical services and
trauma-informed care, through employing or entering into contracts for services provided by
qualifying personnel.
(b) (i) The state board shall, after consulting with LEA governing boards, develop a
formula to distribute money appropriated under this section to LEAs.
(ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
incentivizes an LEA to provide school-based mental health support in collaboration with the
local mental health authority of the county in which the LEA is located.
(3) To qualify for money under this section, an LEA shall submit to the state board a
plan that includes:
(a) measurable goals approved by the LEA governing board on improving student
safety, student engagement, school culture, or academic achievement;
(b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
use of the money;
(c) how the LEA is meeting the requirements related to parent education described in
Section 
53G-9-703
; and
(d) whether the LEA intends to provide school-based mental health support in
collaboration with the local mental health authority of the county in which the LEA is located.
(4) The state board shall distribute money appropriated under this section to an LEA
that qualifies under Subsection (3):
(a) based on the formula described in Subsection (2)(b); and
(b) in an amount of money that the LEA equally matches using local or unrestricted
state money.
(5) An LEA may not use money distributed by the state board under this section to
supplant federal, state, or local money previously allocated to employ or enter into contracts for
services provided by qualified personnel.
(6) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish:
(a) procedures for submitting a plan for and distributing money under this section;
(b) the formula the state board will use to distribute money to LEAs described in
Subsection (2)(b); and
(c) in accordance with Subsection (7), annual reporting requirements for an LEA that
receives money under this section.
(7) An LEA that receives money under this section shall submit an annual report to the
state board, including:
(a) progress toward achieving the goals submitted under Subsection (3)(a);
(b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
discontinuing the position; and
(c) how the LEA, in providing school-based mental health support, complies with the
provisions of Section 
53E-9-203
.
(8) Beginning on or before July 1, 2019, the state board shall provide training that
instructs school personnel on the impact of childhood trauma on student learning, including
information advising educators against practicing medicine, giving a diagnosis, or providing
treatment.
(9) The state board may use up to 2% of an appropriation under this section for costs
related to the administration of the provisions of this section.
(10) Notwithstanding the provisions of this section, money appropriated under this
section may be used, as determined by the state board, for:
(a) the SafeUT Crisis Line described in Section 
53B-17-1202
; or
(b) youth suicide prevention programs described in Section 
53G-9-702
.
Section 43. Section 
53F-2-416
 is amended to read:
53F-2-416.
Appropriation and distribution for the Teacher and Student Success
Program.
(1) The terms defined in Section 
53G-7-1301
 apply to this section.
(2) Subject to future budget constraints, the Legislature shall annually appropriate
money from the Teacher and Student Success Account described in Section 
53F-9-306
 to the
state board for the Teacher and Student Success Program.
(3) Except as provided in Subsection (5)(a), the state board shall calculate an amount to
distribute to an LEA that is the product of:
(a) the percentage of weighted pupil units in the LEA compared to the total number of
weighted pupil units for all LEAs in the state; and
(b) the amount of the appropriation described in Subsection (2), less the amount
calculated, in accordance with state board rule, for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind.
(4) The state board shall distribute to an LEA an amount calculated for the LEA as
described in Subsection (3) if the LEA governing board of the LEA has submitted an LEA
governing board student success framework as required by the program.
(5) In accordance with this section [
and
]
,
 Title 53G, Chapter 7, Part 13, Teacher and
Student Success Program
, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board:
(a) shall make rules to calculate an LEA distribution for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind, taking into account all students who
receive services from the Utah Schools for the Deaf and the Blind, regardless of whether a
student is enrolled in another LEA; and
(b) may make rules to distribute funds as described in this section.
Section 44. Section 
53F-2-417
 is amended to read:
53F-2-417.
Rural school district transportation grants.
(1) Subject to legislative appropriations and Subsection (2), the state board shall award
a grant for a school district to provide:
(a) transportation to students who are not eligible for state-supported transportation
under Section 
53F-2-403
;
(b) transportation for students to and from student activities and field trips; or
(c) replacement school buses.
(2) The state board may only award a grant described in Subsection (1) to a school
district that:
(a) qualifies for transportation money under Section 
53F-2-403
;
(b) is located in a county of the fourth, fifth, or sixth class, as defined in Section
17-50-501
;
(c) provides matching money, from the school district's board local levy described in
Section 
53F-8-302
, in an amount equal to the grant the school district receives from the state
board under this section; and
(d) dedicates the total grant and matching money to a transportation purpose described
in Subsection (1).
(3) The state board shall determine the amount of a grant to award a school district
based on the prior-year miles traveled for purposes described in Subsections (1)(a) and (b).
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to establish, for a grant described in this section,
procedures for:
(a) a school district to apply for a grant; and
(b) awarding a grant.
Section 45. Section 
53F-2-502
 is amended to read:
53F-2-502.
Dual language immersion.
(1) As used in this section:
(a) "Dual language immersion" means an instructional setting in which a student
receives a portion of instruction in English and a portion of instruction exclusively in a partner
language.
(b) "Local education agency" or "LEA" means a school district or a charter school.
(c) "Participating LEA" means an LEA selected by the state board to receive a grant
described in this section.
(d) "Partner language" means a language other than English in which instruction is
provided in dual language immersion.
(2) The state board shall:
(a) establish a dual language immersion program;
(b) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules that establish:
(i) a grant program for an LEA to receive funding for dual language immersion;
(ii) the required qualifications for an LEA to be a participating LEA;
(iii) subject to this section, requirements of a participating LEA;
(iv) a proficiency assessment for each partner language; and
(v) a progression of how a school in a participating LEA adds grade levels in which the
school offers dual language immersion;
(c) subject to legislative appropriations:
(i) select participating LEAs; and
(ii) award to a participating LEA a grant to support dual language immersion in the
LEA; and
(d) report to a legislative committee on the results of a proficiency assessment
described in Subsection (2)(b)(iv) upon request.
(3) A participating LEA shall:
(a) establish in a school a full-day dual language immersion instructional model that
provides at least 50% of instruction exclusively in a partner language;
(b) in accordance with the state board rules described in Subsection (2)(b), add grades
in which dual language immersion is provided in a school; and
(c) annually administer to each student in grades 3 through 8 who participates in dual
language immersion an assessment described in Subsection (2)(b)(iv).
(4) The state board shall:
(a) provide support to a participating LEA, including by:
(i) offering professional learning for dual language immersion educators;
(ii) developing curriculum related to dual language immersion; or
(iii) providing instructional support for a partner language;
(b) conduct a program evaluation of the dual language immersion program established
under Subsection (2)(a); and
(c) on or before November 1, 2019, report to the Education Interim Committee and the
Public Education Appropriations Subcommittee on the results of the program evaluation
described in Subsection (4)(b).
(5) The state board may, in accordance with Title 63G, Chapter 6a, Utah Procurement
Code, contract with a third party to conduct the program evaluation described in Subsection
(4)(b).
Section 46. Section 
53F-2-503
 is amended to read:
53F-2-503.
Early Literacy Program -- Literacy proficiency plan.
(1) As used in this section:
(a) "Program" means the Early Literacy Program.
(b) "Program money" means:
(i) school district revenue allocated to the program from other money available to the
school district, except money provided by the state, for the purpose of receiving state funds
under this section; and
(ii) money appropriated by the Legislature to the program.
(2) The Early Literacy Program consists of program money and is created to
supplement other school resources for early literacy.
(3) Subject to future budget constraints, the Legislature may annually appropriate
money to the Early Literacy Program.
(4) (a) An LEA governing board of a school district or a charter school that serves
students in any of grades kindergarten through grade 3 shall submit a plan to the state board for
literacy proficiency improvement that incorporates the following components:
(i) core instruction in:
(A) phonological awareness;
(B) phonics;
(C) fluency;
(D) comprehension;
(E) vocabulary;
(F) oral language; and
(G) writing;
(ii) intervention strategies that are aligned to student needs;
(iii) professional development for classroom teachers, literacy coaches, and
interventionists in kindergarten through grade 3;
(iv) assessments that support adjustments to core and intervention instruction;
(v) a growth goal for the school district or charter school that:
(A) is based upon student learning gains as measured by benchmark assessments
administered pursuant to Section 
53E-4-307
; and
(B) includes a target of at least 60% of all students in grades 1 through 3 meeting the
growth goal;
(vi) at least two goals that are specific to the school district or charter school that:
(A) are measurable;
(B) address current performance gaps in student literacy based on data; and
(C) include specific strategies for improving outcomes; and
(vii) if a school uses interactive literacy software, the use of interactive literacy
software, including early interactive reading software described in Section 
53F-4-203
.
(b) An LEA governing board shall approve a plan described in Subsection (4)(a) in a
public meeting before submitting the plan to the state board.
(c) The state board shall provide model plans that an LEA governing board may use, or
an LEA governing board may develop the LEA governing board's own plan.
(d) A plan developed by an LEA governing board shall be approved by the state board.
(e) The state board shall develop uniform standards for acceptable growth goals that an
LEA governing board adopts for a school district or charter school as described in this
Subsection (4).
(5) (a) There are created within the Early Literacy Program three funding programs:
(i) the Base Level Program;
(ii) the Guarantee Program; and
(iii) the Low Income Students Program.
(b) The state board may use up to $7,500,000 from an appropriation described in
Subsection (3) for computer-assisted instructional learning and assessment programs.
(6) Money appropriated to the state board for the Early Literacy Program and not used
by the state board for computer-assisted instructional learning and assessments described in
Subsection (5)(b) shall be allocated to the three funding programs as follows:
(a) 8% to the Base Level Program;
(b) 46% to the Guarantee Program; and
(c) 46% to the Low Income Students Program.
(7) (a) For a school district or charter school to participate in the Base Level Program,
the LEA governing board shall submit a plan described in Subsection (4) and shall receive
approval of the plan from the state board.
(b) (i) The local school board of a school district qualifying for Base Level Program
funds and the charter school governing boards of qualifying elementary charter schools
combined shall receive a base amount.
(ii) The base amount for the qualifying elementary charter schools combined shall be
allocated among each charter school in an amount proportionate to:
(A) each existing charter school's prior year fall enrollment in grades kindergarten
through grade 3; and
(B) each new charter school's estimated fall enrollment in grades kindergarten through
grade 3.
(8) (a) A local school board that applies for program money in excess of the Base Level
Program funds may choose to first participate in the Guarantee Program or the Low Income
Students Program.
(b) A school district shall fully participate in either the Guarantee Program or the Low
Income Students Program before the local school board may elect for the school district to
either fully or partially participate in the other program.
(c) For a school district to fully participate in the Guarantee Program, the local school
board shall allocate to the program money available to the school district, except money
provided by the state, equal to the amount of revenue that would be generated by a tax rate of
.000056.
(d) For a school district to fully participate in the Low Income Students Program, the
local school board shall allocate to the program money available to the school district, except
money provided by the state, equal to the amount of revenue that would be generated by a tax
rate of .000065.
(e) (i) The state board shall verify that a local school board allocates the money
required in accordance with Subsections (8)(c) and (d) before the state board distributes funds
in accordance with this section.
(ii) The State Tax Commission shall provide the state board the information the state
board needs in order to comply with Subsection (8)(e)(i).
(9) (a) Except as provided in Subsection (9)(c), the local school board of a school
district that fully participates in the Guarantee Program shall receive state funds in an amount
that is:
(i) equal to the difference between $21 multiplied by the school district's total WPUs
and the revenue the local school board is required to allocate under Subsection (8)(c) for the
school district to fully participate in the Guarantee Program; and
(ii) not less than $0.
(b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
under the Guarantee Program an amount equal to $21 times the elementary charter school's
total WPUs.
(c) The state board may adjust the $21 guarantee amount described in Subsections
(9)(a) and (b) to account for actual appropriations and money used by the state board for
computer-assisted instructional learning and assessments.
(10) The state board shall distribute Low Income Students Program funds in an amount
proportionate to the number of students in each school district or charter school who qualify for
free or reduced price school lunch multiplied by two.
(11) A school district that partially participates in the Guarantee Program or Low
Income Students Program shall receive program funds based on the amount of school district
revenue allocated to the program as a percentage of the amount of revenue that could have been
allocated if the school district had fully participated in the program.
(12) (a) An LEA governing board shall use program money for early literacy
interventions and supports in kindergarten through grade 3 that have proven to significantly
increase the percentage of students who are proficient in literacy, including:
(i) evidence-based intervention curriculum;
(ii) literacy assessments that identify student learning needs and monitor learning
progress; or
(iii) focused literacy interventions that may include:
(A) the use of reading specialists or paraprofessionals;
(B) tutoring;
(C) before or after school programs;
(D) summer school programs; or
(E) the use of interactive computer software programs for literacy instruction and
assessments for students.
(b) An LEA governing board may use program money for portable technology devices
used to administer literacy assessments.
(c) Program money may not be used to supplant funds for existing programs, but may
be used to augment existing programs.
(13) (a) An LEA governing board shall annually submit a report to the state board
accounting for the expenditure of program money in accordance with the LEA governing
board's plan described in Subsection (4).
(b) If an LEA governing board uses program money in a manner that is inconsistent
with Subsection (12), the school district or charter school is liable for reimbursing the state
board for the amount of program money improperly used, up to the amount of program money
received from the state board.
(14) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules to implement the program.
(b) (i) The rules under Subsection (14)(a) shall require each LEA governing board to
annually report progress in meeting goals described in Subsections (4)(a)(v) and (vi), including
the strategies the school district or charter school uses to address the goals.
(ii) If a school district or charter school does not meet or exceed the school district's or
charter school's goals described in Subsection (4)(a)(v) or (vi), the LEA governing board shall
prepare a new plan that corrects deficiencies.
(iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the state
board before the LEA governing board receives an allocation for the next year.
(15) (a) The state board shall:
(i) develop strategies to provide support for a school district or charter school that fails
to meet a goal described in Subsection (4)(a)(v) or (vi); and
(ii) provide increasing levels of support to a school district or charter school that fails
to meet a goal described in Subsection (4)(a)(v) or (vi) for two consecutive years.
(b) (i) The state board shall use a digital reporting platform to provide information to
school districts and charter schools about interventions that increase proficiency in literacy.
(ii) The digital reporting platform shall include performance information for a school
district or charter school on the goals described in Subsections (4)(a)(v) and (vi).
(16) The state board may use up to 3% of the funds appropriated by the Legislature to
carry out the provisions of this section for administration of the program.
(17) The state board shall make an annual report in accordance with Section 
53E-1-203
that:
(a) includes information on:
(i) student learning gains in early literacy for the past school year and the five-year
trend;
(ii) the percentage of grade 3 students who are proficient in English language arts in the
past school year and the five-year trend;
(iii) the progress of school districts and charter schools in meeting goals described in a
plan described in Subsection (4)(a); and
(iv) the specific strategies or interventions used by school districts or charter schools
that have significantly improved early grade literacy proficiency; and
(b) may include recommendations on how to increase the percentage of grade 3
students who are proficient in English language arts, including how to use a strategy or
intervention described in Subsection (17)(a)(iv) to improve literacy proficiency for additional
students.
(18) The report described in Subsection (17) shall include information provided
through the digital reporting platform described in Subsection (15)(b).
Section 47. Section 
53F-2-506
 is amended to read:
53F-2-506.
 Beverley Taylor Sorenson Elementary Arts Learning Program.
(1) As used in this section:
(a) "Endowed chair" means a person who holds an endowed position or administrator
of an endowed program for the purpose of arts and integrated arts instruction at an endowed
university.
(b) "Endowed university" means an institution of higher education in the state that:
(i) awards elementary education degrees in arts instruction;
(ii) has received a major philanthropic donation for the purpose of arts and integrated
arts instruction; and
(iii) has created an endowed position as a result of a donation described in Subsection
(1)(b)(ii).
(c) "Integrated arts advocate" means a person who:
(i) advocates for arts and integrated arts instruction in the state; and
(ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
chair.
(2) The Legislature finds that a strategic placement of arts in elementary education can
impact the critical thinking of students in other core subject areas, including mathematics,
reading, and science.
(3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
enhance the social, emotional, academic, and arts learning of students in kindergarten through
grade 6 by integrating arts teaching and learning into core subject areas and providing
professional development for positions that support elementary arts and integrated arts
education.
(4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, and subject to Subsection (5), the state board shall, after consulting with
endowed chairs and the integrated arts advocate and receiving their recommendations,
administer a grant program to enable LEAs to:
(a) hire highly qualified arts specialists, art coordinators, and other positions that
support arts education and arts integration;
(b) provide up to $10,000 in one-time funds for each new school arts specialist
described under Subsection (4)(a) to purchase supplies and equipment; and
(c) engage in other activities that improve the quantity and quality of integrated arts
education.
(5) (a) An LEA that receives a grant under Subsection (4) shall provide matching funds
of no less than 20% of the grant amount, including no less than 20% of the grant amount for
actual salary and benefit costs per full-time equivalent position funded under Subsection (4)(a).
(b) An LEA may not:
(i) include administrative, facility, or capital costs to provide the matching funds
required under Subsection (5)(a); or
(ii) use funds from the Beverley Taylor Sorenson Elementary Arts Learning Program to
supplant funds for existing programs.
(6) An LEA that receives a grant under this section shall partner with an endowed chair
to provide professional development in integrated elementary arts education.
(7) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, the state board shall administer a grant program to fund activities within
arts and the integrated arts programs at an endowed university in the college where the
endowed chair resides to:
(a) provide high quality professional development in elementary integrated arts
education in accordance with the professional learning standards in Section 
53G-11-303
 to
LEAs that receive a grant under Subsection (4);
(b) design and conduct research on:
(i) elementary integrated arts education and instruction;
(ii) implementation and evaluation of the Beverley Taylor Sorenson Elementary Arts
Learning Program; and
(iii) effectiveness of the professional development under Subsection (7)(a); and
(c) provide the public with integrated elementary arts education resources.
(8) The state board shall make rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 to administer the Beverley Taylor Sorenson Elementary Arts
Learning Program.
Section 48. Section 
53F-2-508
 is amended to read:
53F-2-508.
Student Leadership Skills Development Program.
(1) For purposes of this section, "program" means the Student Leadership Skills
Development Program created in Subsection (2).
(2) There is created the Student Leadership Skills Development Program to develop
student behaviors and skills that enhance a school's learning environment and are vital for
success in a career, including:
(a) communication skills;
(b) teamwork skills;
(c) interpersonal skills;
(d) initiative and self-motivation;
(e) goal setting skills;
(f) problem solving skills; and
(g) creativity.
(3) (a) The state board shall administer the program and award grants to elementary
schools that apply for a grant on a competitive basis.
(b) The state board may award a grant of:
(i) up to $10,000 per school for the first year a school participates in the program; and
(ii) up to $20,000 per school for subsequent years a school participates in the program.
(c) (i) After awarding a grant to a school for a particular year, the state board may not
change the grant amount awarded to the school for that year.
(ii) The state board may award a school a different amount in subsequent years.
(4) An elementary school may participate in the program established under this section
in accordance with state board rules 
made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(5) In selecting elementary schools to participate in the program, the state board shall:
(a) require a school in the first year the school participates in the program to provide
matching funds or an in-kind contribution of goods or services in an amount equal to the grant
the school receives from the state board;
(b) require a school to participate in the program for two years; and
(c) give preference to Title I schools or schools in need of academic improvement.
(6) The state board shall make the following information related to the grants described
in Subsection (3) publicly available on the state board's website:
(a) reimbursement procedures that clearly define how a school may spend grant money
and how the state board will reimburse the school;
(b) the period of time a school is permitted to spend grant money;
(c) criteria for selecting a school to receive a grant; and
(d) a list of schools that receive a grant and the amount of each school's grant.
(7) A school that receives a grant described in Subsection (3) shall:
(a) (i) set school-wide goals for the school's student leadership skills development
program; and
(ii) require each student to set personal goals; and
(b) provide the following to the state board after the first school year of implementation
of the program:
(i) evidence that the grant money was used for the purpose of purchasing or developing
the school's own student leadership skills development program; and
(ii) a report on the effectiveness and impact of the school's student leadership skills
development program on student behavior and academic results as measured by:
(A) a reduction in truancy;
(B) assessments of academic achievement;
(C) a reduction in incidents of student misconduct or disciplinary actions; and
(D) the achievement of school-wide goals and students' personal goals.
(8) After participating in the program for two years, a school may not receive
additional grant money in subsequent years if the school fails to demonstrate an improvement
in student behavior and academic achievement as measured by the data reported under
Subsection (7)(b).
Section 49. Section 
53F-2-510
 is amended to read:
53F-2-510.
Digital Teaching and Learning Grant Program.
(1) As used in this section:
(a) "Advisory committee" means the committee established by the state board under
Subsection [
(9)
] 
(7)
(b).
(b) "Digital readiness assessment" means an assessment provided by the state board
that:
(i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
digital teaching and learning; and
(ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
teaching and learning.
(c) "High quality professional learning" means the professional learning standards
described in Section 
53G-11-303
.
(d) "Implementation assessment" means an assessment that analyzes an LEA's
implementation of an LEA plan, including identifying areas for improvement, obstacles to
implementation, progress toward the achievement of stated goals, and recommendations going
forward.
(e) "LEA plan" means an LEA's plan to implement a digital teaching and learning
program that meets the requirements of this section and requirements set forth by the state
board and the advisory committee.
(f) "Program" means the Digital Teaching and Learning Grant Program created and
described in Subsections (6) through (11).
(g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
and Telehealth Network created in Section 
53B-17-105
.
(2) (a) The state board shall establish a digital teaching and learning task force to
develop a funding proposal to present to the Legislature for digital teaching and learning in
elementary and secondary schools.
(b) The digital teaching and learning task force shall include representatives of:
(i) the state board;
(ii) UETN;
(iii) LEAs; and
(iv) the Governor's Education Excellence Commission.
(3) As funding allows, the state board shall develop a master plan for a statewide
digital teaching and learning program, including the following:
(a) a statement of purpose that describes the objectives or goals the state board will
accomplish by implementing a digital teaching and learning program;
(b) a forecast for fundamental components needed to implement a digital teaching and
learning program, including a forecast for:
(i) student and teacher devices;
(ii) Wi-Fi and wireless compatible technology;
(iii) curriculum software;
(iv) assessment solutions;
(v) technical support;
(vi) change management of LEAs;
(vii) high quality professional learning;
(viii) Internet delivery and capacity; and
(ix) security and privacy of users;
(c) a determination of the requirements for:
(i) statewide technology infrastructure; and
(ii) local LEA technology infrastructure;
(d) standards for high quality professional learning related to implementing and
maintaining a digital teaching and learning program;
(e) a statewide technical support plan that will guide the implementation and
maintenance of a digital teaching and learning program, including standards and competency
requirements for technical support personnel;
(f) (i) a grant program for LEAs; or
(ii) a distribution formula to fund LEA digital teaching and learning programs;
(g) in consultation with UETN, an inventory of the state public education system's
current technology resources and other items and a plan to integrate those resources into a
digital teaching and learning program;
(h) an ongoing evaluation process that is overseen by the state board;
(i) proposed rules that incorporate the principles of the master plan into the state's
public education system as a whole; and
(j) a plan to ensure long-term sustainability that:
(i) accounts for the financial impacts of a digital teaching and learning program; and
(ii) facilitates the redirection of LEA savings that arise from implementing a digital
teaching and learning program.
(4) UETN shall:
(a) in consultation with the state board, conduct an inventory of the state public
education system's current technology resources and other items as determined by UETN,
including software;
(b) perform an engineering study to determine the technology infrastructure needs of
the public education system to implement a digital teaching and learning program, including
the infrastructure needed for the state board, UETN, and LEAs; and
(c) as funding allows, provide infrastructure and technology support for school districts
and charter schools.
(5) Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
within an LEA, shall annually complete a digital readiness assessment.
(6) There is created the Digital Teaching and Learning Grant Program to improve
educational outcomes in public schools by effectively incorporating comprehensive digital
teaching and learning technology.
(7) The state board shall:
(a) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules for the administration of the program, including rules requiring:
(i) an LEA plan to include measures to ensure that the LEA monitors and implements
technology with best practices, including the recommended use for effectiveness;
(ii) an LEA plan to include robust goals for learning outcomes and appropriate
measurements of goal achievement;
(iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
combination of grant and local funds; and
(iv) an LEA to report on funds from expenses previous to the implementation of the
LEA plan that the LEA has redirected after implementation;
(b) establish an advisory committee to make recommendations on the program and
LEA plan requirements and report to the state board; and
(c) in accordance with this section, approve LEA plans and award grants.
(8) (a) The state board shall, subject to legislative appropriations, award a grant to an
LEA:
(i) that submits an LEA plan that meets the requirements described in Subsection (9);
and
(ii) for which the LEA's leadership and management members have completed a digital
teaching and learning leadership and implementation training as provided in Subsection (8)(b).
(b) The state board or its designee shall provide the training described in Subsection
(8)(a)(ii).
(9) The state board shall establish requirements of an LEA plan that shall include:
(a) the results of the LEA's digital readiness assessment and a proposal to remedy an
obstacle to implementation or other issues identified in the assessment;
(b) a proposal to provide high quality professional learning for educators in the use of
digital teaching and learning technology;
(c) a proposal for leadership training and management restructuring, if necessary, for
successful implementation;
(d) clearly identified targets for improved student achievement, student learning, and
college readiness through digital teaching and learning; and
(e) any other requirement established by the state board in rule 
made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, including an application
process and metrics to analyze the quality of a proposed LEA plan.
(10) The state board or the state board's designee shall establish an interactive
dashboard available to each LEA that is awarded a grant for the LEA to track and report the
LEA's long-term, intermediate, and direct outcomes in realtime and for the LEA to use to
create customized reports.
(11) (a) There is no federal funding, federal requirement, federal education agreement,
or national program included or related to this state adopted program.
(b) Any inclusion of federal funding, federal requirement, federal education agreement,
or national program shall require separate express approval as provided in Title 53E, Chapter 3,
Part 8, Implementing Federal or National Education Programs.
(12) (a) An LEA that receives a grant as part of the program shall:
(i) subject to Subsection (12)(b), complete an implementation assessment for each year
that the LEA is expending grant money; and
(ii) (A) report the findings of the implementation assessment to the state board; and
(B) submit to the state board a plan to resolve issues raised in the implementation
assessment.
(b) Each school within the LEA shall:
(i) complete an implementation assessment; and
(ii) submit a compilation report that meets the requirements described in Subsections
(12)(a)(ii)(A) and (B).
(13) The state board or the state board's designee shall review an implementation
assessment and review each participating LEA's progress from the previous year, as applicable.
(14) The state board shall establish interventions for an LEA that does not make
progress on implementation of the LEA's implementation plan, including:
(a) nonrenewal of, or time period extensions for, the LEA's grant;
(b) reduction of funds; or
(c) other interventions to assist the LEA.
(15) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
shall contract with an independent evaluator to:
(a) annually evaluate statewide direct and intermediate outcomes beginning the first
year that grants are awarded, including baseline data collection for long-term outcomes;
(b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
statewide long-term outcomes; and
(c) report on the information described in Subsections (15)(a) and (b) to the state
board.
(16) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
6a, Utah Procurement Code, or other agreement with one or more providers of technology
powered learning solutions and one or more providers of wireless networking solutions may be
entered into by:
(i) UETN, in cooperation with or on behalf of, as applicable, the state board, the state
board's designee, or an LEA; or
(ii) an LEA.
(b) A contract or agreement entered into under Subsection (16)(a) may be a contract or
agreement that:
(i) UETN enters into with a provider and payment for services is directly appropriated
by the Legislature, as funds are available, to UETN;
(ii) UETN enters into with a provider and pays for the provider's services and is
reimbursed for payments by an LEA that benefits from the services;
(iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
agreement directly with the provider and the LEA pays directly for the provider's services; or
(iv) an LEA enters into directly, pays a provider, and receives preapproved
reimbursement from a UETN fund established for this purpose.
(c) If an LEA does not reimburse UETN in a reasonable time for services received
under a contract or agreement described in Subsection (16)(b), the state board shall pay the
balance due to UETN from the LEA's funds received under Title 53F, Chapter 2, State Funding
-- Minimum School Program.
(d) If UETN negotiates or enters into an agreement as described in Subsection
(16)(b)(ii) or (16)(b)(iii), and UETN enters into an additional agreement with an LEA that is
associated with the agreement described in Subsection (16)(b)(ii) or (16)(b)(iii), the associated
agreement may be treated by UETN and the LEA as a cooperative procurement, as that term is
defined in Section 
63G-6a-103
, regardless of whether the associated agreement satisfies the
requirements of Section 
63G-6a-2105
.
Section 50. Section 
53F-2-511
 is amended to read:
53F-2-511.
Reimbursement Program for Early Graduation From
Competency-Based Education.
(1) As used in this section:
(a) "Cohort" means a group of students, defined by the year in which the group enters
grade 9.
(b) "Eligible LEA" means an LEA that has demonstrated to the state board that the
LEA or, for a school district, a school within the LEA, provides and facilitates
competency-based education that:
(i) is based on the core principles described in Section 
53F-5-502
; and
(ii) meets other criteria established by the state board in rule 
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(c) "Eligible student" means an individual who:
(i) attended an eligible LEA and graduated by completing graduation requirements, as
described in Section 
53E-4-204
, earlier than that individual's cohort completed graduation
requirements because of the individual's participation in the eligible LEA's competency-based
education;
(ii) no longer attends the eligible LEA; and
(iii) is not included in the LEA's average daily membership under this chapter.
(d) "Partial pupil" means if an eligible student attends less than a full year of
membership, the number of days the student was in membership compared to a full
membership year.
(e) "Program" means the Reimbursement Program for Early Graduation From
Competency-Based Education established in this section.
(2) (a) There is established the Reimbursement Program for Early Graduation From
Competency-Based Education.
(b) Subject to future budget constraints, the Legislature may annually appropriate
money to the Reimbursement Program for Early Graduation From Competency-Based
Education.
(3) An LEA may apply to the state board to receive a reimbursement, as described in
Subsection (5), for an eligible student.
(4) The state board shall approve a reimbursement to an LEA after the LEA
demonstrates:
(a) that the LEA is an eligible LEA; and
(b) that the individual for whom the eligible LEA requests reimbursement is an eligible
student.
(5) (a) For each eligible student, the state board shall only reimburse an eligible LEA:
(i) if the eligible student attended the eligible LEA for less than a full school year
before the eligible student's cohort graduated, up to the value of one weighted pupil unit pro
rated based on the difference between:
(A) the number of days of partial pupil in average daily membership earned by the
eligible LEA while the eligible student was still in attendance; and
(B) a full pupil in average daily membership; and
(ii) the value of one weighted pupil unit for each full school year the eligible student
graduated ahead of the eligible student's cohort.
(b) The state board shall:
(i) use data from the prior year average daily membership to determine the number of
eligible students; and
(ii) reimburse the eligible LEA in the current school year.
(6) The state board shall
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 adopt rules to administer the provisions of this section.
Section 51. Section 
53F-2-512
 is amended to read:
53F-2-512.
Appropriation for accommodation plans for students with Section 504
accommodations.
(1) The state board shall make rules
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 that establish a reimbursement program that:
(a) distributes any money appropriated to the state board for Special Education --
Section 504 Accommodations;
(b) allows an LEA to apply for reimbursement of the costs of services that:
(i) an LEA renders to a student with a Section 504 accommodation plan; and
(ii) exceed 150% of the average cost of a general education student; and
(c) provides for a pro-rated reimbursement based on the amount of reimbursement
applications received during a given fiscal year and the amount of money appropriated to the
state board that fiscal year.
(2) Beginning with the 2018-19 school year, the state board shall allocate money
appropriated to the state board for Special Education -- Section 504 Accommodations in
accordance with the rules described in Subsection (1).
Section 52. Section 
53F-2-513
 is amended to read:
53F-2-513.
Effective Teachers in High Poverty Schools Incentive Program --
Salary bonus -- Evaluation.
(1) As used in this section:
(a) "Cohort" means a group of students, defined by the year in which the group enters
grade 1.
(b) "Eligible teacher" means a teacher who:
(i) is employed as a teacher in a high poverty school at the time the teacher is
considered by the state board for a salary bonus; and
(ii) achieves a median growth percentile of 70 or higher:
(A) a full school year before the school year the eligible teacher is being considered by
the state board for a salary bonus under this section, regardless of whether the teacher was
employed the previous school year by a high poverty school or a different public school; and
(B) while teaching at any public school in the state a course for which a standards
assessment is administered as described in Section 
53E-4-303
.
(c) "High poverty school" means a public school:
(i) in which:
(A) more than 20% of the enrolled students are classified as children affected by
intergenerational poverty; or
(B) 70% or more of the enrolled students qualify for free or reduced lunch; or
(ii) (A) that has previously met the criteria described in Subsection (1)(c)(i)(A) and for
each school year since meeting that criteria at least 15% of the enrolled students at the public
school have been classified as children affected by intergenerational poverty; or
(B) that has previously met the criteria described in Subsection (1)(c)(i)(B) and for
each school year since meeting that criteria at least 60% of the enrolled students at the public
school have qualified for free or reduced lunch.
(d) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(e) "Median growth percentile" means a number that describes the comparative
effectiveness of a teacher in helping the teacher's students achieve growth in a year by
identifying the median student growth percentile of all the students a teacher instructs.
(f) "Program" means the Effective Teachers in High Poverty Schools Incentive
Program created in Subsection (2).
(g) "Student growth percentile" is a number that describes where a student ranks in
comparison to the student's cohort.
(2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
provide an annual salary bonus for an eligible teacher.
(b) The state board shall
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 make rules for:
(i) the administration of the program;
(ii) payment of a salary bonus; and
(iii) application requirements.
(c) The state board shall make an annual salary bonus payment in a fiscal year that
begins on July 1, 2017, and each fiscal year thereafter in which money is appropriated for the
program.
(3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to fund the program.
(b) Money appropriated for the program shall include money for the following
employer-paid benefits:
(i) social security; and
(ii) Medicare.
(4) (a) (i) A charter school or school district school shall annually apply to the state
board on behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus
each year that the teacher is an eligible teacher.
(ii) A teacher need not be an eligible teacher in consecutive years to receive the
increased annual salary bonus described in Subsection (4)(b).
(b) The annual salary bonus for an eligible teacher is $5,000.
(c) A public school that applies on behalf of an eligible teacher under Subsection
(4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
teacher is awarded the salary bonus.
(d) The state board shall award a salary bonus to an eligible teacher based on the order
that an application from a public school on behalf of the eligible teacher is received.
(5) The state board shall:
(a) determine if a teacher is an eligible teacher; and
(b) verify, as needed, the determinations made under Subsection (5)(a) with the school
district and school district administrators.
(6) The state board shall:
(a) distribute money from the program to school districts and charter schools in
accordance with this section and state board rule; and
(b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
salary bonus amount described in Subsection (4)(b).
(7) Money received from the program shall be used by a school district or charter
school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
(3)(b).
(8) (a) After the third year salary bonus payments are made, and each succeeding year,
the state board shall evaluate the extent to which a salary bonus described in this section
improves recruitment and retention of effective teachers in high poverty schools by at least:
(i) surveying teachers who receive the salary bonus; and
(ii) examining turnover rates of teachers who receive the salary bonus compared to
teachers who do not receive the salary bonus.
(b) Each year that the state board conducts an evaluation described in Subsection
(8)(a), the state board shall, in accordance with Section 
68-3-14
, submit a report on the results
of the evaluation to the Education Interim Committee on or before November 30.
(9) A public school shall annually notify a teacher:
(a) of the teacher's median growth percentile; and
(b) how the teacher's median growth percentile is calculated.
(10) Notwithstanding this section, if the appropriation for the program is insufficient to
cover the costs associated with salary bonuses, the state board may limit or reduce a salary
bonus.
Section 53. Section 
53F-2-514
 is amended to read:
53F-2-514.
Job enhancements for mathematics, science, technology, and special
education training.
(1) As used in this section, "special education teacher" includes occupational therapist.
(2) The Public Education Job Enhancement Program is established to attract, train, and
retain highly qualified:
(a) secondary teachers with expertise in mathematics, physics, chemistry, physical
science, learning technology, or information technology;
(b) special education teachers; and
(c) teachers in grades 4 through 6 with mathematics endorsements.
(3) The program shall provide for the following:
(a) application by a school district superintendent or the principal of a school on behalf
of a qualified teacher;
(b) an award of up to $20,000 or a scholarship to cover the tuition costs for a master's
degree, an endorsement, or graduate education in the areas identified in Subsection (2) to be
given to selected public school teachers on a competitive basis:
(i) whose applications are approved; and
(ii) who teach in the state's public education system for four years in the areas
identified in Subsection (2);
(c) (i) as to the cash awards under Subsection (3)(b), payment of the award in two
installments, with an initial payment of up to $10,000 at the beginning of the term and up to
$10,000 at the conclusion of the term;
(ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
complete two years of the four-year teaching term in the areas identified in Subsection (2) as
provided by rule of the state board 
made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, unless waived for good cause by the state board; and
(iii) nonpayment of the second installment if the teacher fails to complete the four-year
teaching term; and
(d) (i) as to the scholarships awarded under Subsection (3)(b), provision for the
providing institution to certify adequate performance in obtaining the master's degree,
endorsement, or graduate education in order for the teacher to maintain the scholarship; and
(ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails
to complete the authorized classes or program or to teach in the state system of public
education in the areas identified in Subsection (2) for four years after obtaining the master's
degree, the endorsement, or graduate education.
(4) An individual teaching in the public schools under a letter of authorization may
participate in the cash award program if:
(a) the individual has taught under the letter of authorization for at least one year in the
areas referred to in Subsection (2); and
(b) the application made under Subsection (3)(a) is based in large part upon the
individual receiving a superior evaluation as a classroom teacher.
(5) (a) The program may provide for the expenditure of up to $1,000,000 of available
money, if at least an equal amount of matching money becomes available, to provide
professional development training to superintendents, administrators, and principals in the
effective use of technology in public schools.
(b) An award granted under this Subsection (5) shall be made in accordance with
criteria developed and adopted by the state board in rule 
made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
.
(c) An amount up to $120,000 of the $1,000,000 authorized in Subsection (5)(a) may
be expended, regardless of the matching money being available.
Section 54. Section 
53F-2-520
 is amended to read:
53F-2-520.
Rural school transportation reimbursement.
(1) As used in this section:
(a) "Eligible LEA" means a school district or a charter school:
(i) that is located in a county of the fourth, fifth, or sixth class, as defined in Section
17-50-501
; and
(ii) in which at least 65% of the students enrolled in the school district or charter
school qualify for free or reduced price lunch.
(b) "Eligible school" means a school:
(i) in an eligible LEA; and
(ii) that the eligible LEA has provided transportation to and from for a regular school
day for students for at least five years.
(c) "LEA governing board" means:
(i) the local school board of a school district that is an eligible LEA; or
(ii) the charter school governing board of a charter school that is an eligible LEA.
(2) An LEA governing board may annually submit a request to the state board to
receive reimbursement for an expense that:
(a) the LEA governing board incurs transporting a student to or from an eligible school
for the regular school day; and
(b) the LEA governing board does not pay using state funding for pupil transportation
described in Section 
53F-2-402
 or 
53F-2-403
.
(3) (a) Subject to legislative appropriations, and except as provided in Subsection
(3)(b), the state board shall reimburse an LEA governing board for an expense included in a
request described in Subsection (2).
(b) If the legislative appropriation for this section is insufficient to fund an expense in a
request received under Subsection (2), the state board may reduce an LEA governing board's
reimbursement in accordance with the rules described in Subsection (4).
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish:
(a) requirements for information an LEA governing board shall include in a
reimbursement request described in Subsection (2);
(b) a deadline by which an LEA governing board shall submit a request described in
Subsection (2); and
(c) a formula for reducing an LEA governing board's allocation under Subsection (3).
(5) Nothing in this section affects a school district's allocation for pupil transportation
under Sections 
53F-2-402
 and 
53F-2-403
.
Section 55. Section 
53F-4-205
 is amended to read:
53F-4-205.
Kindergarten supplemental enrichment program .
(1) As used in this section:
(a) "Eligible school" means a charter or school district school in which:
(i) at least 10% of the students experience intergenerational poverty; or
(ii) 50% of students were eligible to receive free or reduced lunch in the previous
school year.
(b) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(c) "Kindergarten supplemental enrichment program" means a program to improve the
academic competency of kindergarten students that:
(i) meets the criteria described in Subsection (4);
(ii) receives funding from a grant program described in Subsection (3); and
(iii) is administered by an eligible school.
(2) (a) In accordance with this section, the state board shall distribute funds
appropriated under this section to support kindergarten supplemental enrichment programs,
giving priority first to awarding funds to an eligible school with at least 10% of the students
experiencing intergenerational poverty and second priority to an eligible school in which 50%
of students were eligible to receive free or reduced lunch in the previous school year.
(b) The state board shall develop kindergarten entry and exit assessments for use by a
kindergarten supplemental enrichment program.
(3) (a) The state board shall administer a qualifying grant program as described in this
Subsection (3) to distribute funds described in Subsection (2)(a) to an eligible school:
(i) that applies for a grant;
(ii) that offers a kindergarten supplemental enrichment program that meets the
requirements described in Subsection (4);
(iii) that has an overall need for a kindergarten supplemental enrichment program,
based on the results of the eligible school's kindergarten entry and exit assessments described
in Subsection (4)(b)(ii);
(iv) if the eligible school has previously established a kindergarten supplemental
enrichment program under this section, that shows success of the eligible school's kindergarten
supplemental enrichment program, based on the results of the eligible school's kindergarten
entry and exit assessments described in Subsection (4)(b)(ii); and
(v) that proposes a kindergarten supplemental enrichment program that addresses the
particular needs of students at risk of experiencing intergenerational poverty.
(b) An eligible school shall include in a grant application a letter from the principal of
the eligible school certifying that the eligible school's proposed kindergarten supplemental
enrichment program will meet the needs of either children in intergenerational poverty or
children who are eligible to receive free or reduced lunch as appropriate for the eligible school.
(4) An eligible school that receives a grant as described in Subsection (3) shall:
(a) use the grant money to offer a kindergarten supplemental enrichment program to:
(i) target kindergarten students at risk for not meeting grade 3 core standards for Utah
public schools, established by the state board under Section 
53E-4-202
, by the end of each
student's grade 3 year;
(ii) use an evidence-based early intervention model;
(iii) focus on academically improving age-appropriate literacy and numeracy skills;
(iv) emphasize the use of live instruction;
(v) administer the kindergarten entry and exit assessments described in Subsection
(2)(b); and
(vi) deliver the kindergarten supplemental enrichment program through additional
hours or other means; and
(b) report to the state board annually regarding:
(i) how the eligible school used grant money received under Subsection (3);
(ii) the results of the eligible school's kindergarten entry and exit assessments for the
prior year;
(iii) with assistance from state board employees, the number of students served,
including the number of students who are eligible for free or reduced lunch; and
(iv) with assistance from state board employees, student performance outcomes
achieved by the eligible school's kindergarten supplemental enrichment program, disaggregated
by economic and ethnic subgroups.
(5) An eligible school that receives a grant as described in Subsection (3) may not
receive funds appropriated under Section 
53F-2-507
.
(6) A parent may decline participation of the parent's kindergarten student in an eligible
school's kindergarten supplemental enrichment program.
(7) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to establish reporting procedures and administer this
section.
Section 56. Section 
53F-4-304
 is amended to read:
53F-4-304.
Scholarship payments.
(1) (a) The state board shall award scholarships subject to the availability of money
appropriated by the Legislature for that purpose.
(b) The Legislature shall annually appropriate money to the state board from the
General Fund to make scholarship payments.
(c) The Legislature shall annually increase the amount of money appropriated under
Subsection (1)(b) by an amount equal to the product of:
(i) the average scholarship amount awarded as of December 1 in the previous year; and
(ii) the product of:
(A) the number of students in preschool through grade 12 in public schools statewide
who have an IEP on December 1 of the previous year; and
(B) 0.0007.
(d) If the number of scholarship students as of December 1 in any school year equals or
exceeds 7% of the number of students in preschool through grade 12 in public schools
statewide who have an IEP as of December 1 in the same school year, the Public Education
Appropriations Subcommittee shall study the requirement to increase appropriations for
scholarship payments as provided in this section.
(e) (i) If money is not available to pay for all scholarships requested, the state board
shall allocate scholarships on a random basis except that the state board shall give preference to
students who received scholarships in the previous school year.
(ii) If money is insufficient in a school year to pay for all the continuing scholarships,
the state board may not award new scholarships during that school year and the state board
shall prorate money available for scholarships among the eligible students who received
scholarships in the previous year.
(2) Except as provided in Subsection (4), the state board shall award full-year
scholarships in the following amounts:
(a) for a student who received an average of 180 minutes per day or more of special
education services in a public school before transferring to a private school, an amount not to
exceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 2.5; or
(ii) the private school tuition and fees; and
(b) for a student who received an average of less than 180 minutes per day of special
education services in a public school before transferring to a private school, an amount not to
exceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 1.5; or
(ii) the private school tuition and fees.
(3) The scholarship amount for a student enrolled in a half-day kindergarten or part-day
preschool program shall be the amount specified in Subsection (2)(a) or (b) multiplied by .55.
(4) If a student leaves a private school before the end of a fiscal quarter:
(a) the private school is only entitled to the amount of scholarship equivalent to the
number of days that the student attended the private school; and
(b) the private school shall remit a prorated amount of the scholarship to the state board
in accordance with the procedures described in rules adopted by the state board 
in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(5) For the amount of funds remitted under Subsection (4)(b), the state board shall:
(a) make the amount available to the student to enroll immediately in another
qualifying private school; or
(b) refund the amount back to the Carson Smith Scholarship Program account to be
available to support the costs of another scholarship.
(6) (a) The state board shall make an additional allocation on a random basis before
June 30 each year only:
(i) if there are sufficient remaining funds in the program; and
(ii) for scholarships for students enrolled in a full-day preschool program.
(b) If the state board awards a scholarship under Subsection (6)(a), the scholarship
amount or supplement may not exceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 1.0; or
(ii) the private school tuition and fees.
(c) The state board shall, when preparing annual growth projection numbers for the
Legislature, include the annual number of applications for additional allocations described in
Subsection (6)(a).
(7) (a) The scholarship amount for a student who receives a waiver under Subsection
53F-4-302
(3) shall be based upon the assessment team's determination of the appropriate level
of special education services to be provided to the student.
(b) (i) If the student requires an average of 180 minutes per day or more of special
education services, a full-year scholarship shall be equal to the amount specified in Subsection
(2)(a).
(ii) If the student requires less than an average of 180 minutes per day of special
education services, a full-year scholarship shall be equal to the amount specified in Subsection
(2)(b).
(iii) If the student is enrolled in a half-day kindergarten or part-day preschool program,
a full-year scholarship is equal to the amount specified in Subsection (3).
(8) (a) Except as provided in Subsection (8)(b), upon review and receipt of
documentation that verifies a student's admission to, or continuing enrollment and attendance
at, a private school, the state board shall make scholarship payments quarterly in four equal
amounts in each school year in which a scholarship is in force.
(b) In accordance with state board rule
, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
, the state board may make a scholarship payment before
the first quarterly payment of the school year, if a private school requires partial payment of
tuition before the start of the school year to reserve space for a student admitted to the school.
(9) A parent of a scholarship student shall notify the state board if the student does not
have continuing enrollment and attendance at an eligible private school.
(10) Before scholarship payments are made, the state board shall cross-check
enrollment lists of scholarship students, LEAs, and youth in custody to ensure that scholarship
payments are not erroneously made.
Section 57. Section 
53F-4-305
 is amended to read:
53F-4-305.
State board to make rules.
[
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the
 state board shall make rules consistent with this part establishing:
(1) the eligibility of students to participate in the scholarship program;
(2) the application process for the scholarship program; and
(3) payment procedures to eligible private schools.
Section 58. Section 
53F-4-514
 is amended to read:
53F-4-514.
State board -- Rulemaking.
The state board shall make rules in accordance with this part 
and Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 that:
(1) establish a course credit acknowledgement form and procedures for completing and
submitting to the state board a course credit acknowledgement; and
(2) establish procedures for the administration of a statewide assessment to a student
enrolled in an online course.
Section 59. Section 
53F-5-201
 is amended to read:
53F-5-201.
Grants for online delivery of statewide assessments.
(1) As used in this section:
(a) "Adaptive tests" means tests administered during the school year using an online
adaptive test system.
(b) "Core standards for Utah public schools" means the standards established by the
state board as described in Section 
53E-4-202
.
(c) "Statewide assessment" means the same as that term is defined in Section
53E-4-301
.
(d) "Summative tests" means tests administered near the end of a course to assess
overall achievement of course goals.
(e) "Uniform online summative test system" means a single system for the online
delivery of summative tests required as statewide assessments that:
(i) is coordinated by the state board;
(ii) ensures the reliability and security of statewide assessments; and
(iii) is selected through collaboration between the state board and school district
representatives with expertise in technology, assessment, and administration.
(2) The state board may award grants to school districts and charter schools to
implement:
(a) a uniform online summative test system to enable school staff and parents of
students to review statewide assessment scores by the end of the school year; or
(b) an online adaptive test system to enable parents of students and school staff to
measure and monitor a student's academic progress during a school year.
(3) (a) Grant money may be used to pay for any of the following, provided it is directly
related to implementing a uniform online summative test system, an online adaptive test
system, or both:
(i) computer equipment and peripherals, including electronic data capture devices
designed for electronic test administration and scoring;
(ii) software;
(iii) networking equipment;
(iv) upgrades of existing equipment or software;
(v) upgrades of existing physical plant facilities;
(vi) personnel to provide technical support or coordination and management; and
(vii) teacher professional development.
(b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
online delivery of summative tests or adaptive tests required as statewide assessments, may be
used for other purposes.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money is allocated among school districts and charter schools;
(c) requiring reporting of grant money expenditures and evidence showing that the
grant money has been used to implement a uniform online summative test system, an online
adaptive test system, or both;
(d) establishing technology standards for an online adaptive testing system;
(e) requiring a school district or charter school that receives a grant under this section
to implement, in compliance with Title 53E, Chapter 9, Student Privacy and Data Protection,
an online adaptive test system by the 2014-15 school year that:
(i) meets the technology standards established under Subsection (4)(d); and
(ii) is aligned with the core standards for Utah public schools;
(f) requiring a school district or charter school to provide matching funds to implement
a uniform online summative test system, an online adaptive test system, or both in an amount
that is greater than or equal to the amount of a grant received under this section; and
(g) ensuring that student identifiable data is not released to any person, except as
provided by Title 53E, Chapter 9, Student Privacy and Data Protection, and rules of the state
board adopted under the authority of those parts.
(5) If a school district or charter school uses grant money for purposes other than those
stated in Subsection (3), the school district or charter school is liable for reimbursing the state
board in the amount of the grant money improperly used.
(6) A school district or charter school may not use federal funds to provide the
matching funds required to receive a grant under this section.
(7) A school district may not impose a tax rate above the certified tax rate for the
purpose of generating revenue to provide matching funds for a grant under this section.
Section 60. Section 
53F-5-202
 is amended to read:
53F-5-202.
National Board certification reimbursement.
(1) (a) The terms defined in Section 
53E-6-102
 apply to this section.
(b) As used in this section, "eligible educator" means an educator who is employed as
an educator by an LEA.
(2) (a) Subject to legislative appropriations and Subsection (2)(b), the state board shall
reimburse an eligible educator for a cost incurred by the eligible educator to attain or renew a
National Board certification.
(b) The state board may only issue a reimbursement under Subsection (2)(a) for:
(i) a National Board certification attained or renewed after July 1, 2016, and before
July 1, 2019; or
(ii) a cost incurred by an eligible teacher to attain or renew a National Board
certification after July 1, 2016, and before July 1, 2019.
(3) Subject to legislative appropriations, and in accordance with this section, beginning
July 1, 2019, the state board may pay up to the total cost:
(a) for an eligible educator who does not have a National Board certification to pursue
a National Board certification; or
(b) for an eligible educator who has a National Board certification, to renew the
National Board certification.
(4) An eligible educator who does not have a National Board certification and intends
for the state board to pay for the eligible educator to pursue a National Board certification shall:
(a) submit to the state board:
(i) an application;
(ii) a letter of recommendation from the principal of the eligible educator's school; and
(iii) a plan for completing the requirements for a National Board certification within
three years of the state board approving the eligible educator's application; and
(b) pay a registration fee directly to the organization that administers National Board
certification.
(5) An eligible educator who intends for the state board to pay to renew the eligible
educator's National Board certification shall submit an application to the board.
(6) The state board may not:
(a) pay for an eligible educator to attempt to earn National Board certification over a
period of longer than three years; or
(b) pay for an individual to attempt National Board certification or a component of
National Board certification more than once.
(7) The state board shall make rules 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 specifying procedures and timelines for:
(a) reimbursing costs under Subsection (2); and
(b) paying costs for an eligible educator to pursue or renew a National Board
certification under Subsection (3).
Section 61. Section 
53F-5-204
 is amended to read:
53F-5-204.
Initiative to strengthen college and career readiness.
(1) As used in this section:
(a) "College and career counseling" means:
(i) nurturing college and career aspirations;
(ii) assisting students in planning an academic program that connects to college and
career goals;
(iii) providing early and ongoing exposure to information necessary to make informed
decisions when selecting a college and career;
(iv) promoting participation in college and career assessments;
(v) providing financial aid information; and
(vi) increasing understanding about college admission processes.
(b) "LEA" or "local education agency" means a school district or charter school.
(2) There is created the Strengthening College and Career Readiness Program, a grant
program for LEAs, to improve students' college and career readiness through enhancing the
skill level of school counselors to provide college and career counseling.
(3) The state board shall:
(a) on or before August 1, 2015, collaborate with the State Board of Regents, and
business, community, and education stakeholders to develop a certificate for school counselors
that:
(i) certifies that a school counselor is highly skilled at providing college and career
counseling; and
(ii) is aligned with the Utah Comprehensive Counseling and Guidance Program as
defined in rules established by the state board 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
;
(b) subject to legislative appropriations, award grants to LEAs, on a competitive basis,
for payment of course fees for courses required to earn the certificate developed by the state
board under Subsection (3)(a); and
(c) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules specifying:
(i) procedures for applying for and awarding grants under this section;
(ii) criteria for awarding grants; and
(iii) reporting requirements for grantees.
(4) An LEA that receives a grant under this section shall use the grant for payment of
course fees for courses required to attain the certificate as determined by the state board under
Subsection (3)(a).
Section 62. Section 
53F-5-205
 is amended to read:
53F-5-205.
Paraeducator to Teacher Scholarship Program -- Grants for math
teacher training programs.
(1) (a) The terms defined in Section 
53E-6-102
 apply to this section.
(b) As used in this section, "paraeducator" means a school employee who:
(i) delivers instruction under the direct supervision of a teacher; and
(ii) works in an area where there is a shortage of qualified teachers, such as special
education, Title I, ESL, reading remediation, math, or science.
(2) The Paraeducator to Teacher Scholarship Program is created to award scholarships
to paraeducators for education and training to become licensed teachers.
(3) The state board shall use money appropriated for the Paraeducator to Teacher
Scholarship Program to award scholarships of up to $5,000 to paraeducators employed by
school districts and charter schools who are pursuing an associate's degree or bachelor's degree
program to become a licensed teacher.
(4) A paraeducator is eligible to receive a scholarship if:
(a) the paraeducator is employed by a school district or charter school;
(b) is admitted to, or has made an application to, an associate's degree program or
bachelor's degree program that will prepare the paraeducator for teacher licensure; and
(c) the principal at the school where the paraeducator is employed has nominated the
paraeducator for a scholarship.
(5) (a) The state board shall establish a committee to select scholarship recipients from
nominations submitted by school principals.
(b) The committee shall include representatives of the state board, State Board of
Regents, and the general public, excluding school district and charter school employees.
(c) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(d) The committee shall select scholarship recipients based on the following criteria:
(i) test scores, grades, or other evidence demonstrating the applicant's ability to
successfully complete a teacher education program; and
(ii) the applicant's record of success as a paraeducator.
(6) The maximum scholarship amount is $5,000.
(7) Scholarship money may only be used to pay for tuition costs:
(a) of:
(i) an associate's degree program that fulfills credit requirements for the first two years
of a bachelor's degree program leading to teacher licensure; or
(ii) the first two years of a bachelor's degree program leading to teacher licensure; and
(b) at a higher education institution:
(i) located in Utah; and
(ii) accredited by the Northwest Commission on Colleges and Universities.
(8) A scholarship recipient must be continuously employed as a paraeducator by a
school district or charter school while pursuing a degree using scholarship money.
(9) The state board shall make rules in accordance with this section 
and Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 to administer the Paraeducator to Teacher
Scholarship Program, including rules establishing:
(a) scholarship application procedures;
(b) the number of, and qualifications for, committee members who select scholarship
recipients; and
(c) procedures for distributing scholarship money.
(10) If the state obtains matching funds of equal sums from private contributors, the
state board may award grants to institutions of higher education or nonprofit educational
organizations for programs that provide:
(a) mentoring and training leading to a secondary education license with a certificate in
mathematics for an individual who:
(i) is not a teacher in a public or private school;
(ii) does not have a teaching license;
(iii) has a bachelor's degree or higher; and
(iv) demonstrates a high level of mathematics competency by:
(A) successfully completing substantial course work in mathematics; and
(B) passing a mathematics content exam; or
(b) a stipend, professional development, and leadership opportunities to an experienced
mathematics teacher who demonstrates high content knowledge and exemplary teaching and
leadership skills to assist the teacher in becoming a teacher leader.
(11) (a) The state board shall make rules 
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 that establish criteria for awarding grants under this section.
(b) In awarding grants, the state board shall consider the amount or percent of matching
funds provided by the grant recipient.
Section 63. Section 
53F-5-209
 is amended to read:
53F-5-209.
Grants for school-based mental health supports.
(1) As used in this section:
(a) "Elementary school" means a school that includes any one or all of grades
kindergarten through grade 6.
(b) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(c) "Qualifying personnel" means a school counselor or school social worker who:
(i) is licensed by the state board; and
(ii) collaborates with educators and a student's family or guardian on:
(A) early identification and intervention of a student's academic and mental health
needs; and
(B) removing barriers to learning and developing skills and behaviors critical for a
student's academic achievement.
(2) Subject to legislative appropriations and Subsection (3), the state board shall award
a grant to an LEA to provide targeted school-based mental health support in an elementary
school, including trauma-informed care, through employment of qualifying personnel.
(3) In awarding a grant under this section, the state board shall give:
(a) first priority to an LEA that proposes to target funds to one or more elementary
schools with a high percentage of students exhibiting risk factors for childhood trauma; and
(b) second priority to an LEA that proposes to target funds to one or more elementary
schools with a high percentage of students experiencing intergenerational poverty.
(4) To qualify for a grant, an LEA shall:
(a) submit an application to the state board that includes:
(i) measurable goals on improving student safety, student engagement, school culture,
and academic achievement; and
(ii) how the LEA intends to meet goals submitted under Subsection (4)(a)(i) through
the use of the grant funds; and
(b) provide local funds to match grant funds received under this section in an amount
equal to one-half of the amount of the grant funds.
(5) An LEA may not replace federal, state, or local funds previously allocated to
employ qualified personnel with funds distributed under this section.
(6) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules specifying:
(a) procedures for applying for and awarding grants under this section, including:
(i) a definition of risk factors for childhood trauma;
(ii) the duration of a grant; and
(iii) a schedule for submission of matching grant funds; and
(b) annual reporting requirements for grantees in accordance with Subsection (7).
(7) An LEA that receives a grant under this section shall submit an annual report to the
state board, including:
(a) progress toward achieving the goals submitted under Subsection (4)(a)(i); and
(b) if the LEA decides to discontinue the qualifying personnel position, the LEA's
reason for discontinuing the position.
(8) Beginning on or before July 1, 2019, the state board shall provide training that
instructs educators on the impact of trauma on student learning, including information advising
educators against practicing medicine, giving a diagnosis, or providing treatment.
Section 64. Section 
53F-5-210
 is amended to read:
53F-5-210.
Educational Improvement Opportunities Outside of the Regular
School Day Grant Program.
(1) As used in this section:
(a) "Applicant" means an LEA, private provider, nonprofit provider, or municipality
that provides an existing program and applies for a grant under the provisions of this section.
(b) "Existing program" means a currently funded and operating program, as described
in Subsections 
53E-3-508
(1)(a) and (b).
(c) "Grant program" means the Educational Improvement Opportunities Outside of the
Regular School Day Grant Program created in Subsection (2).
(d) "Grantor" means:
(i) for an LEA that receives a grant under this section, the state board; or
(ii) for a private provider, nonprofit provider, or municipality that receives a grant
under this section, the Department of Workforce Services.
(e) "Local education agency" or "LEA" means a school district or charter school.
(2) There is created the Educational Improvement Opportunities Outside of the Regular
School Day Grant Program to provide grant funds for an existing program to improve and
develop the existing program in accordance with the high quality standards described in
Section 
53E-3-508
.
(3) Subject to legislative appropriation and in accordance with Subsection (7):
(a) the state board shall:
(i) solicit LEA applications to receive a grant under this section; and
(ii) award a grant based on the criteria described in Subsection (5); and
(b) the Department of Workforce Services shall:
(i) solicit private provider, nonprofit provider, or municipality applications to receive a
grant under this section; and
(ii) award a grant based on the criteria described in Subsection (5).
(4) To receive a grant under this section, an applicant shall submit a proposal to the
grantor describing:
(a) how the applicant proposes to develop and improve the existing program to meet
the standards described in Section 
53E-3-508
;
(b) information necessary for the state board to determine the impact of the applicant's
program on the academic performance of participating students;
(c) the total number of students the applicant proposes to serve through the existing
program;
(d) the estimated percentage of the students described in Subsection (4)(c) who qualify
for free or reduced lunch; and
(e) the estimated cost of the applicant's existing program, per student.
(5) In awarding a grant under Subsection (3), the grantor shall consider:
(a) how an applicant's existing program proposes to meet the standards described in
Section 
53E-3-508
; and
(b) the percentage of students in that program who qualify for free and reduced lunch.
(6) An applicant that receives a grant under this section shall:
(a) use the grant to improve an existing program in accordance with the standards
described in Section 
53E-3-508
; and
(b) annually report to the grantor:
(i) the number of students served by the existing program;
(ii) the academic outcomes that the program is expected to have on participating
students;
(iii) program attendance rates of participating students; and
(iv) other information required by the grantor.
(7) (a) To receive a distribution of grant money under this section, an applicant shall
identify and certify the availability of private matching funds in the amount of the grant to be
distributed to the applicant.
(b) Neither the state board nor the Department of Workforce Services shall be expected
to seek private matching funds for this grant program.
(8) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to administer this section that include:
(a) specific criteria to determine academic performance;
(b) application and reporting procedures; and
(c) criteria for an existing program to qualify for a grant under this section.
(9) The Department of Workforce Services shall make rules 
in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act,
 to administer the grant program as
described in Subsection (3)(b).
(10) In accordance with 34 C.F.R. Sec. 99.35, the state board shall designate the
Department of Workforce Services as an authorized representative for the purpose of sharing
student data and evaluating and reporting the impact and effectiveness of the grant program.
(11) The state board and the Department of Workforce Services may utilize up to 10%
of the funds appropriated for administrative costs associated with the grant program and the
report described in Subsection (12).
(12) The state board shall report to the Education Interim Committee before November
30, 2019, regarding:
(a) the grant program's effect on the quality of existing programs that participate in the
grant program; and
(b) the impact of the existing programs on the academic performance of participating
students.
Section 65. Section 
53F-5-212
 is amended to read:
53F-5-212.
Grants for additional educators for high-need schools.
(1) As used in this section:
(a) "Educator" means an individual who holds a professional educator license
described in Section 
53E-6-201
.
(b) "First-year educator" means an educator who is:
(i) a classroom teacher; and
(ii) in the educator's first year of teaching.
(c) "High-need school" means an elementary school in an LEA that qualifies for a grant
under this section based on the criteria established by the state board under Subsection
(5)(a)(ii).
(d) "Local education agency" or "LEA" means a school district or charter school.
(e) "Title I school" means a school that receives funds under Title I of the Elementary
and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
(2) Subject to legislative appropriations, and in accordance with this section, the state
board shall award a grant to an LEA to fund the salary and benefits for an additional first-year
educator to teach in a high-need school.
(3) The state board shall:
(a) solicit proposals from LEAs to receive a grant under this section; and
(b) award grants to LEAs on a competitive basis based on the LEA applications
described in Subsection (4)(a).
(4) To receive a grant under this section, an LEA shall:
(a) submit an application to the state board that:
(i) lists the school or schools for which the LEA intends to use a grant;
(ii) describes how each school for which the LEA intends to use a grant meets the
criteria for being a high-need school; and
(iii) includes any other information required by the board under the rules described in
Subsection (5); and
(b) provide matching funds in an amount equal to the grant received by the LEA under
this section.
(5) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules specifying:
(i) the procedure for an LEA to apply for a grant under this section, including
application requirements; and
(ii) the criteria for determining if an elementary school is a high-need school.
(b) In establishing the criteria described in Subsection (5)(a)(ii), the state board shall
consider the following factors:
(i) Title I school status;
(ii) low school performance, as indicated by the school accountability system described
in Title 53E, Chapter 5, Part 2, School Accountability System;
(iii) a high percentage of students enrolled in the school who are either experiencing or
at risk of experiencing intergenerational poverty;
(iv) a high ratio of students to educators in the school;
(v) higher than average educator turnover in the school;
(vi) a high percentage of students enrolled in the school who are experiencing
homelessness; and
(vii) other factors determined by the state board.
(6) An LEA that receives a grant under this section shall:
(a) (i) use the grant to fund a portion of the cost of the salary and benefits for an
additional first-year educator who teaches in a high-need school; and
(ii) maintain a class size of fewer than 20 students for a first-year educator whose
salary and benefits are funded by the grant; and
(b) annually submit a report to the state board describing:
(i) how the LEA used the grant; and
(ii) whether the grant was effective in maintaining a smaller class size for the first-year
educator whose salary and benefits were funded by the grant.
Section 66. Section 
53F-5-406
 is amended to read:
53F-5-406.
Rules.
[
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the
 state board shall make rules to administer the Partnerships for Student Success Grant
Program in accordance with this part.
Section 67. Section 
53F-5-502
 is amended to read:
53F-5-502.
Competency-Based Education Grants Program -- State board duties
-- Review committee -- Technical assistance training.
(1) There is created the Competency-Based Education Grants Program consisting of
the grants created in this part to improve educational outcomes in public schools by advancing
student mastery of concepts and skills through the following core principles:
(a) student advancement upon mastery of a concept or skill;
(b) competencies that include explicit, measurable, and transferable learning objectives
that empower a student;
(c) assessment that is meaningful and provides a positive learning experience for a
student;
(d) timely, differentiated support based on a student's individual learning needs; and
(e) learning outcomes that emphasize competencies that include application and
creation of knowledge along with the development of important skills and dispositions.
(2) The grant program shall incentivize an LEA to establish competency-based
education within the LEA through the use of:
(a) personalized learning;
(b) blended learning;
(c) extended learning;
(d) educator professional learning in competency-based education; or
(e) any other method that emphasizes the core principles described in Subsection (1).
(3) The state board shall:
(a) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules:
(i) for the administration of the grant program and awarding of grants; and
(ii) to define outcome-based measures appropriate to the type of grant for an LEA that
is awarded a grant under this part to use to measure the performance of the LEA's plan or
program;
(b) establish a grant application process;
(c) in accordance with Subsection (4), establish a review committee to make
recommendations to the state board for:
(i) metrics to analyze the quality of a grant application; and
(ii) approval of a grant application; and
(d) with input from the review committee, adopt metrics to analyze the quality of a
grant application.
(4) (a) The review committee shall consist of STEM and blended learning experts,
current and former school administrators, current and former teachers, and at least one former
school district superintendent, in addition to other staff designated by the state board.
(b) The review committee shall:
(i) review a grant application submitted by an LEA;
(ii) make recommendations to the LEA to modify the application, if necessary; and
(iii) make recommendations to the state board regarding the final disposition of an
application.
(5) (a) The state board shall provide technical assistance training to assist an LEA with
a grant application under this part.
(b) An LEA may not apply for a grant under this part unless:
(i) a representative of the LEA attends the technical assistance training before the LEA
submits a grant application; and
(ii) the representative is a superintendent, principal, or a person in a leadership position
within the LEA.
(c) The technical assistance training shall include:
(i) instructions on completing a grant application, including grant application
requirements;
(ii) information on the scoring metrics used to review a grant application; and
(iii) information on competency-based education.
(6) The state board may use up to 5% of an appropriation provided to fund this part for
administration of the grant program.
Section 68. Section 
53F-5-506
 is amended to read:
53F-5-506.
Waiver from state board rule -- State board recommended statutory
changes.
(1) An LEA may apply to the state board in a grant application submitted under this
part for a waiver of a state board rule 
made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 that inhibits or hinders the LEA from accomplishing its goals
set out in its grant application.
(2) The state board may grant the waiver, unless:
(a) the waiver would cause the LEA to be in violation of state or federal law; or
(b) the waiver would threaten the health, safety, or welfare of students in the LEA.
(3) If the state board denies the waiver, the state board shall provide in writing the
reason for the denial to the waiver applicant.
(4) (a) The state board shall request from each LEA that receives a grant under this part
for each year the LEA receives funds:
(i) information on a state statute that hinders an LEA from fully implementing the
LEA's program; and
(ii) suggested changes to the statute.
(b) The state board shall report any information received from an LEA under
Subsection (4)(a) and the state board's recommendations in accordance with Section
53E-1-203
.
Section 69. Section 
53F-5-603
 is amended to read:
53F-5-603.
Grant program to school districts and charter schools.
(1) From money appropriated to the grant program, the state board shall distribute
grant money on a competitive basis to a school district or charter school that applies for a grant
and:
(a) (i) has within the school district one or more American Indian and Alaskan Native
concentrated schools; or
(ii) is an American Indian and Alaskan Native concentrated school; and
(b) has a program to fund stipends, recruitment, retention, and professional
development of teachers who teach at American Indian and Alaskan Native concentrated
schools.
(2) The grant money distributed under this section may only be expended to fund a
program described in Subsection (1)(b).
(3) (a) If a school district or charter school obtains a grant under this section, by no
later than two years from the date the school district or charter school obtains the grant, the
state board shall review the implementation of the program described in Subsection (1)(b) to
determine whether:
(i) the program is effective in addressing the need to retain teachers at American Indian
and Alaskan Native concentrated schools; and
(ii) the money is being spent for a purpose not covered by the program described in
Subsection (1)(b).
(b) If the state board determines that the program is not effective or that the money is
being spent for a purpose not covered by the program described in Subsection (1)(b), the state
board may terminate the grant money being distributed to the school district or charter school.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board may make rules providing:
(a) criteria for evaluating grant applications; and
(b) procedures for:
(i) a school district to apply to the state board to receive grant money under this
section; and
(ii) the review of the use of grant money described in Subsection (3).
(5) The grant money is intended to supplement and not replace existing money
supporting American Indian and Alaskan Native concentrated schools.
Section 70. Section 
53F-9-401
 is amended to read:
53F-9-401.
Autism Awareness Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Autism
Awareness Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 
41-1a-422
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the state superintendent shall:
(a) (i) ensure the inventory of Autism Awareness Support special group license plate
decals are in stock; and
(ii) transfer money to the Tax Commission to pay for the group license plate as needed;
(b) distribute funds in the account to one or more charitable organizations that:
(i) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(ii) has as the organization's sole mission to promote access to resources and
responsible information for individuals of all ages who have, or are affected by, autism or
autism spectrum related conditions;
(iii) is an independent organization that has representation from state agencies and
private providers serving individuals with autism spectrum disorder and their families in the
state;
(iv) includes representation of:
(A) national and local autism advocacy groups, as available; and
(B) interested parents and professionals; and
(v) does not endorse any specific treatment, therapy, or intervention used for autism.
(4) (a) An organization described in Subsection (3) may apply to the state
superintendent to receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the state superintendent in
accordance with Subsection (3) shall expend the distribution only to:
(i) pay for autism education and public awareness of programs and related services in
the state;
(ii) enhance programs designed to serve individuals with autism;
(iii) provide support to caregivers providing services for individuals with autism;
(iv) pay administrative costs of the organization; and
(v) pay for academic scholarships and research efforts in the area of autism spectrum
disorder.
(c) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board may make rules providing procedures for an organization to apply to the
state superintendent to receive a distribution under Subsection (3).
Section 71. Section 
53G-4-410
 is amended to read:
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 shall distribute any funding appropriated to eligible regional
service centers as provided by the Legislature.
(b) The state board may provide funding to an eligible regional service center in
addition to legislative appropriations.
(6) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board 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.
Section 72. Section 
53G-5-205
 is amended to read:
53G-5-205.
Charter school authorizers -- Power and duties -- Charter application
minimum standard.
(1) The following entities are eligible to authorize charter schools:
(a) the State Charter School Board;
(b) a local school board; or
(c) a board of trustees of an institution in the state system of higher education as
described in Section 
53B-1-102
.
(2) A charter school authorizer shall:
(a) annually review and evaluate the performance of charter schools authorized by the
authorizer and hold a charter school accountable for the school's performance; and
(b) monitor charter schools authorized by the authorizer for compliance with federal
and state laws, rules, and regulations.
(3) A charter school authorizer may:
(a) authorize and promote the establishment of charter schools, subject to the
provisions in this part;
(b) make recommendations on legislation and rules pertaining to charter schools to the
Legislature and state board, respectively;
(c) make recommendations to the state board on the funding of charter schools;
(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 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; or
(v) assisting charter schools to understand and carry out their charter obligations; or
(e) provide technical support, as requested, to another charter school authorizer relating
to charter schools.
(4) Within 60 days after an authorizer's approval of an application for a new charter
school, the state board may direct an authorizer to do the following if the authorizer or charter
school applicant failed to follow statutory or state board rule requirements 
made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
:
(a) reconsider the authorizer's approval of an application for a new charter school; and
(b) correct deficiencies in the charter school application or authorizer's application
process as described in statute or state board rule
, made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act,
 before approving the new application.
(5) The state board shall
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 make rules establishing minimum standards that a charter school authorizer is
required to apply when:
(a) evaluating a charter school application; or
(b) monitoring charter school compliance.
(6) The minimum standards described in Subsection (5) shall include:
(a) reasonable consequences for an authorizer that fails to comply with statute or state
board rule;
(b) a process for an authorizer to review:
(i) the skill and expertise of a proposed charter school's governing board; and
(ii) the functioning operation of the charter school governing board of an authorized
charter school;
(c) a process for an authorizer to review the financial viability of a proposed charter
school and of an authorized charter school;
(d) a process to evaluate:
(i) how well an authorizer's authorized charter school complies with the charter
school's charter agreement;
(ii) whether an authorizer's authorized charter school maintains reasonable academic
standards; and
(iii) standards that an authorizer is required to meet to demonstrate the authorizer's
capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
Section 73. Section 
53G-5-304
 is amended to read:
53G-5-304.
Charter schools authorized by the State Charter School Board --
Application process -- Prohibited basis 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 school 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) 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 shall
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 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
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 rules,
establish and make public the State Charter School Board's:
(a) application requirements, in accordance with Section 
53G-5-302
;
(b) application process, including timelines, in accordance with this section; and
(c) minimum academic, financial, and enrollment standards.
Section 74. Section 
53G-5-406
 is amended to read:
53G-5-406.
Accountability -- Rules.
The state board shall, after consultation with chartering entities, make rules 
in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 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 75. Section 
53G-5-501
 is amended to read:
53G-5-501.
Noncompliance -- Rulemaking.
(1) If a charter school is found to be out of compliance with the requirements of
Section 
53G-5-404
 or the school's charter agreement, 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 
53G-5-503
(4):
(a) the charter school governing board; and
(b) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with 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 charter school 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 
53G-5-503
, terminate the school's charter
agreement.
(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 Part 6, Charter
School Credit Enhancement Program.
(5) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board 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 agreement.
Section 76. Section 
53G-5-503
 is amended to read:
53G-5-503.
Termination of a charter agreement.
(1) Subject to the requirements of Subsection (3), a charter school authorizer may
terminate a school's charter agreement for any of the following reasons:
(a) failure of the charter school to meet the requirements stated in the charter
agreement;
(b) failure to meet generally accepted standards of fiscal management;
(c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
School Turnaround and Leadership Development; and
(ii) failure to improve the school's grade under the conditions described in Title 53E,
Chapter 5, Part 3, School Turnaround and Leadership Development;
(d) violation of requirements under this chapter or another law; or
(e) 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 charter school governing board may
request an informal hearing before the authorizer:
(i) the charter school governing board; and
(ii) if the charter school is a qualifying charter school with outstanding bonds issued in
accordance with 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 charter school governing board may appeal the decision to the state board.
(d) (i) The state board shall hear an appeal of a termination made pursuant to
Subsection (2)(c).
(ii) The state board's action is final action subject to judicial review.
(e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
charter school with outstanding bonds issued in accordance with 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 charter school 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 agreement.
(3) An authorizer may not terminate the charter agreement of a qualifying charter
school with outstanding bonds issued in accordance with Part 6, Charter School Credit
Enhancement Program, without mutual agreement of the Utah Charter School Finance
Authority and the authorizer.
(4) (a) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board 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 agreement 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 agreement 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 charter school governing board of another charter school; or
(c) a private management company.
(7) (a) If a charter agreement 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 6, Part 3, School District Residency, subject to space availability.
(b) Normal application deadlines shall be disregarded under Subsection (7)(a).
Section 77. Section 
53G-5-504
 is amended to read:
53G-5-504.
Charter school closure.
(1) If a charter school is closed for any reason, including the termination of a charter
agreement in accordance with Section 
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 
53G-5-503
(2)(c);
(b) when the state board takes final action described in Subsection 
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 did not make the decision to close, the state board;
(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) No later than 10 days after the day on which 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) designate a base of operation that will be maintained 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) assure that the charter school will 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) assure that the charter school will complete by the set deadlines for all fiscal years
in which funds are received or expended by the charter school a financial audit and any other
procedure required by state board rule;
(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 state 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 , 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, the state board shall, 
in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and
 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 78. Section 
53G-6-302
 is amended to read:
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
.
(c) "Supervision" means a minor child is:
(i) receiving services from a state agency, local mental health authority, or substance
abuse authority with active involvement or oversight; and
(ii) engaged in a human services program that is properly licensed or certified and has
provided the school district receiving the minor child with an education plan that complies with
the requirements of Section 
62A-2-108.1
.
(2) The school district of residence of a minor child whose custodial parent resides
within Utah is:
(a) the school district in which the custodial parent 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, local mental
health authority, or substance abuse authority;
(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 
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 
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;
(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 
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 
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; 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 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, 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 
53G-6-303
;
(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 policies of the school and school district in
which attendance is sought; or
(d) it is established to the satisfaction of the local school board that:
(i) the child's parent moves from the state;
(ii) the child's parent executes a power of attorney under Section 
75-5-103
 that:
(A) meets the requirements of Subsection (4); and
(B) delegates powers regarding care, custody, or property, including schooling, to a
responsible adult with whom the child resides;
(iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
district;
(iv) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(v) the child is prepared to abide by the policies of the school and school district in
which attendance is sought; and
(vi) the child's attendance in the school will not be detrimental to the school or school
district.
(4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), 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 
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 79. Section 
53G-6-504
 is amended to read:
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 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 
53G-5-301
.
(4) (a) A charter school may annually submit a request to the state board 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 shall approve a request for an increase in enrollment capacity made
under Subsection (4)(a) subject to the availability of sufficient funds appropriated under 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, the state board shall, 
in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, and
 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, the state board 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 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 80. Section 
53G-6-702
 is amended to read:
53G-6-702.
Dual enrollment.
(1) As used in this section, "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) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board 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 81. Section 
53G-6-803
 is amended to read:
53G-6-803.
Parental right to academic accommodations.
(1) (a) A student's parent is the primary person responsible for the education of the
student, and the state is in a secondary and supportive role to the parent. As such, a student's
parent 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 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 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 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 to visit and
observe any class the student attends.
(5) Notwithstanding 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 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 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 
53E-4-204
, which requires the state board to establish
graduation requirements that use competency-based standards and assessments, an LEA shall
allow a student to earn course credit toward 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 request to meet with a teacher at
a mutually agreeable time if the parent is unable to attend a regularly scheduled parent teacher
conference.
(9) (a) At the request of a student's parent, an LEA shall excuse a student from taking
an assessment that:
(i) is federally mandated;
(ii) is mandated by the state under this 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) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board 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; 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 accountability or employee evaluations due to a student
not taking an assessement under Subsection (9)(a).
(c) An LEA:
(i) shall follow the procedures outlined in rules made by the state board 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 under Subsection (9)(b); and
(iii) may not provide a nonacademic reward to a student for taking an assessment
described in Subsection (9)(a).
(d) The state board 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 
53G-8-204
; and
(ii) a parent's signature acknowledging receipt of the school's discipline and conduct
policy.
(b) An LEA shall notify a parent of a student's violation of a school's discipline and
conduct policy and allow a parent to respond to the notice in accordance with Chapter 8, Part 2,
School Discipline and Conduct Plans.
Section 82. Section 
53G-7-306
 is amended to read:
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 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 may also authorize school district interfund transfers of residual
equity for a financially distressed district if the state 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 
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.
(5) The board shall develop [
in rule
] 
by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 standards for defining and aiding financially
distressed school districts under this section.
(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 
53G-7-303
.
Section 83. Section 
53G-7-503
 is amended to read:
53G-7-503.
Fees -- Prohibitions -- Voluntary supplies -- Enforcement.
(1) An LEA may only charge a fee if the fee is authorized and noticed by the LEA
governing board in accordance with Section 
53G-7-505
.
(2) (a) An LEA may not require a fee for elementary school activities that 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 a suggested list of supplies for use during the regular school day so that a
parent may furnish on a voluntary basis those supplies for student use.
(c) A list provided to an elementary student's parent in accordance with Subsection
(2)(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."
(3) (a) Beginning with or after the 2021-2022 school year, if an LEA imposes a fee, the
fee shall be equal to or less than the expense incurred by the LEA in providing for a student the
activity, course, or program for which the LEA imposes the fee.
(b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
another fee.
(4) (a) Beginning with or after the 2021-2022 school year, and notwithstanding Section
53E-3-401
, if the state board finds that an LEA has violated a provision of this part or Part 6,
Textbook Fees, the state board shall impose corrective action against the LEA, which may
include:
(i) requiring an LEA to repay improperly charged fees;
(ii) withholding state funds; and
(iii) suspending the LEA's authority to charge fees for an amount of time specified by
the state board.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules:
(i) that require notice and an opportunity to be heard for an LEA affected by a state
board action described in Subsection (4)(a); and
(ii) to administer this Subsection (4).
Section 84. Section 
53G-7-504
 is amended to read:
53G-7-504.
Waiver of fees -- Appeal of decision.
(1) (a) If an LEA or a school within an LEA charges one or more fees, the LEA shall
grant a waiver to a student if charging the fee would deny the student the opportunity to fully
participate or complete a requirement because of an inability to pay the fee.
(b) An LEA governing board shall:
(i) adopt policies for granting a waiver; and
(ii) in accordance with Section 
53G-7-505
, give notice of waiver eligibility and
policies.
(2) (a) An LEA that charges a fee under this part and Part 6, Textbook Fees, may
provide a variety of alternatives for a student or family to satisfy a fee requirement, including
allowing a 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.
(b) Each LEA governing board may add to the list of alternatives provided by the state
board, subject to approval by the state board.
(3) With regard to a student who is in the custody of the Division of Child and Family
Services who is also eligible under Title IV-E of the federal Social Security Act, an LEA
governing board shall require fee waivers or alternatives in accordance with this section.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules:
(a) requiring a parent 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) if applicable, that the student has complied with alternatives for satisfying the fee
requirements under Subsection (2) to the fullest extent reasonably possible according to the
individual circumstances of the student and the LEA; and
(b) specifying the acceptable forms of documentation for the requirement under
Subsection (4)(a), which shall include verification based on income tax returns or current pay
stubs.
(5) Notwithstanding the requirements under Subsection (4), an LEA is not required to
keep documentation on file after the verification is completed.
(6) If a school denies a student or parent request for a fee waiver, the school shall
provide the student or parent:
(a) the school's written decision to deny a waiver; and
(b) the procedure to appeal in accordance with LEA policy.
Section 85. Section 
53G-7-1004
 is amended to read:
53G-7-1004.
Rulemaking -- Reporting.
The state board 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 
53G-7-1002
.
Section 86. Section 
53G-7-1206
 is amended to read:
53G-7-1206.
School LAND Trust Program.
(1) As used in this section:
(a) "Charter school authorizer" means the same as that term is defined in Section
53G-5-102
.
(b) "Charter trust land council" means a council established by a charter school
governing board under Section 
53G-7-1205
.
(c) "Council" means a school community council or a charter trust land council.
(d) "LAND trust plan" means a school's plan to use School LAND Trust Program
money to implement a component of the school's success plan.
(e) "School community council" means a council established at a district school in
accordance with Section 
53G-7-1202
.
(f) "Teacher and student success plan" or "success plan" means the same as that term is
defined in Section 
53G-7-1301
.
(2) There is established the School LAND (Learning And Nurturing Development)
Trust Program under the state board to:
(a) provide financial resources to public schools to enhance or improve student
academic achievement and implement a component of a district school or charter school's
teacher and student success plan; and
(b) involve parents of a school's students in decision making regarding the expenditure
of School LAND Trust Program money allocated to the school.
(3) To receive an allocation under Section 
53F-2-404
:
(a) a district school shall have established a school community council in accordance
with Section 
53G-7-1202
;
(b) a charter school shall have established a charter trust land council in accordance
with Section 
53G-7-1205
; and
(c) the school's principal shall provide a signed, written assurance that the school is in
compliance with Subsection (3)(a) or (b).
(4) (a) A council shall create a program to use the school's allocation distributed under
Section 
53F-2-404
 to implement a component of the school's success plan, including:
(i) the school's identified most critical academic needs;
(ii) a recommended course of action to meet the identified academic needs;
(iii) a specific listing of any programs, practices, materials, or equipment that the
school will need to implement a component of the school's success plan to have a direct impact
on the instruction of students and result in measurable increased student performance; and
(iv) how the school intends to spend the school's allocation of funds under this section
to enhance or improve academic excellence at the school.
(b) (i) A council shall create and vote to adopt a LAND trust plan in a meeting of the
council at which a quorum is present.
(ii) If a majority of the quorum votes to adopt a LAND trust plan, the LAND trust plan
is adopted.
(c) A council shall:
(i) post a LAND trust plan that is adopted in accordance with Subsection (4)(b) on the
School LAND Trust Program website; and
(ii) include with the LAND trust plan a report noting the number of council members
who voted for or against the approval of the LAND trust plan and the number of council
members who were absent for the vote.
(d) (i) The local school board of a district school shall approve or disapprove a LAND
trust plan.
(ii) If a local school board disapproves a LAND trust plan:
(A) the local school board shall provide a written explanation of why the LAND trust
plan was disapproved and request the school community council who submitted the LAND
trust plan to revise the LAND trust plan; and
(B) the school community council shall submit a revised LAND trust plan in response
to a local school board's request under Subsection (4)(d)(ii)(A).
(iii) Once a LAND trust plan has been approved by a local school board, a school
community council may amend the LAND trust plan, subject to a majority vote of the school
community council and local school board approval.
(e) A charter trust land council's LAND trust plan is subject to approval by the:
(i) charter school governing board; and
(ii) charter school's charter school authorizer.
(5) (a) A district school or charter school shall:
(i) implement the program as approved;
(ii) provide ongoing support for the council's program; and
(iii) meet state board reporting requirements regarding financial and performance
accountability of the program.
(b) (i) A district school or charter school shall prepare and post an annual report of the
program on the School LAND Trust Program website each fall.
(ii) The report shall detail the use of program funds received by the school under this
section and an assessment of the results obtained from the use of the funds.
(iii) A summary of the report shall be provided to parents of students attending the
school.
(6) On or before October 1 of each year, a school district shall record the amount of the
program funds distributed to each school under Section 
53F-2-404
 on the School LAND Trust
Program website to assist schools in developing the annual report described in Subsection
(5)(b).
(7) The president or chair of a local school board or charter school governing board
shall ensure that the members of the local school board or charter school governing board are
provided with annual training on the requirements of this section.
(8) (a) The School LAND Trust Program shall provide training to the entities described
in Subsection (8)(b) on:
(i) the School LAND Trust Program; and
(ii) (A) a school community council; or
(B) a charter trust land council.
(b) The School LAND Trust Program shall provide the training to:
(i) a local school board or a charter school governing board;
(ii) a school district or a charter school; and
(iii) a school community council.
(9) The School LAND Trust Program shall annually review each school's compliance
with applicable law, including rules adopted by the state board 
in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, by:
(a) reading each LAND trust plan submitted; and
(b) reviewing expenditures made from School LAND Trust Program money.
(10) The state board shall designate a staff member who administers the School LAND
Trust Program:
(a) to serve as a member of the Land Trusts Protection and Advocacy Committee
created under Section 
53D-2-202
; and
(b) who may coordinate with the Land Trusts Protection and Advocacy Office director,
appointed under Section 
53D-2-203
, to attend meetings or events within the School and
Institutional Trust System, as defined in Section 
53D-2-102
, that relate to the School LAND
Trust Program.
Section 87. Section 
53G-7-1304
 is amended to read:
53G-7-1304.
Program requirements -- LEA governing board student success
framework -- LEA distribution -- School allocation -- Reporting.
(1) (a) To receive an LEA distribution, an LEA governing board shall:
(i) adopt an LEA governing board student success framework to provide guidelines and
processes for a school within the LEA governing board's LEA to follow in developing a teacher
and student success plan; and
(ii) submit the adopted LEA governing board student success framework to the state
board.
(b) An LEA governing board may include in the LEA governing board's student
success framework any means reasonably designed to improve school performance or student
academic achievement, including:
(i) school personnel stipends for taking on additional responsibility outside of a typical
work assignment;
(ii) professional learning;
(iii) additional school employees, including counselors, social workers, mental health
workers, tutors, media specialists, information technology specialists, or other specialists;
(iv) technology;
(v) before- or after-school programs;
(vi) summer school programs;
(vii) community support programs or partnerships;
(viii) early childhood education;
(ix) class size reduction strategies;
(x) augmentation of existing programs; or
(xi) other means.
(c) An LEA governing board student success framework may not support the use of
program money:
(i) to supplant funding for existing public education programs;
(ii) for district administration costs; or
(iii) for capital expenditures.
(2) (a) An LEA governing board shall use an LEA distribution as follows:
(i) for increases to base salary and salary driven benefits for school personnel that,
except as provided in Subsection (2)(c)(i), total 25% or less of the LEA distribution; and
(ii) except as provided in Subsection (2)(b)(ii) and in accordance with Subsection (3),
for each school within the LEA governing board's LEA, an allocation that is equal to the
product of:
(A) the percentage of the school's prior year average daily membership compared to the
total prior year average daily membership for all schools in the LEA; and
(B) the remaining amount of the LEA governing board's LEA distribution after
subtracting the amounts described in Subsections (2)(a)(i) and (2)(b)(ii).
(b) (i) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the
 state board shall make rules for an LEA governing board to calculate and
distribute a school allocation for a school in the school's first year of operation.
(ii) In accordance with Subsection (3) and the rules described in Subsection (2)(b)(i),
an LEA governing board shall distribute a school allocation for a school in the school's first
year of operation.
(c) Except as provided in Subsection (2)(d), the LEA governing board of a school
district may use up to 40% of an LEA distribution for the purposes described in Subsection
(2)(a)(i), if:
(i) the LEA governing board has:
(A) approved a board local levy for the maximum amount allowed under Section
53F-8-302
; or
(B) after the LEA governing board has submitted an LEA governing board student
success framework to the state board, increased the board local levy described in Section
53F-8-302
 by at least .0001 per dollar of taxable value; and
(ii) the school district's average teacher salary is below the state average teacher salary
described in Subsection (2)(f).
(d) The LEA governing board of a school district in a county of the fourth, fifth, or
sixth class or the LEA governing board of a charter school may use up to 40% of an LEA
distribution for the purposes described in Subsection (2)(a)(i), if the LEA's average teacher
salary is below the state average teacher salary described in Subsection (2)(f).
(e) An LEA governing board shall annually report information as requested by the state
board for the state board to calculate a state average teacher salary.
(f) The state board shall use the information described in Subsection (2)(c)(ii) to
calculate a state average teacher salary amount and a state average teacher benefit amount.
(3) An LEA governing board shall allocate a school allocation to a school with a
teacher and student success plan that is approved as described in Section 
53G-7-1305
.
(4) (a) Except as provided in Subsection (4)(b), a school shall use a school allocation to
implement the school's success plan.
(b) A school may use up to 5% of the school's school allocation to fund school
personnel retention at the principal's discretion, not including uniform salary increases.
(c) A school may not use a school allocation for:
(i) capital expenditures; or
(ii) a purpose that is not supported by the LEA governing board student success
framework for the school's LEA.
(5) A school that receives a school allocation shall annually:
(a) submit to the school's LEA governing board a description of:
(i) the budgeted and actual expenditures of the school's school allocation;
(ii) how the expenditures relate to the school's success plan; and
(iii) how the school measures the success of the school's participation in the program;
and
(b) post on the school's website:
(i) the school's approved success plan;
(ii) a description of the school's school allocation budgeted and actual expenditures and
how the expenditures help the school accomplish the school's success plan; and
(iii) the school's current level of performance, as described in Section 
53G-7-1306
,
according to the indicators described in Section 
53E-5-205
 or 
53E-5-206
.
Section 88. Section 
53G-7-1306
 is amended to read:
53G-7-1306.
School improvement oversight -- Performance standards.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that:
(a) using a criteria-setting process, determine a threshold of points under the statewide
school accountability system that designates a school as succeeding in school performance and
student academic achievement; and
(b) determine performance standards for a school described in Section 
53E-5-203
.
(2) (a) For each year following the year in which a school received approval for a
success plan, an LEA governing board shall determine if the school:
(i) meets or exceeds the threshold of points described in Subsection (1);
(ii) has demonstrated at least a 1% increase in the school's total points received under
the statewide school accountability system compared to the previous school year; or
(iii) qualifies for and satisfies the performance standards described in Subsection
(1)(b).
(b) If the LEA governing board determines that a school does not satisfy Subsection
(2)(a)(i), (ii), or (iii), the LEA governing board shall:
(i) work with the school's principal to modify the school's success plan to address the
school's performance; and
(ii) oversee and adjust the school's allocation expenditures until the LEA governing
board determines the school satisfies Subsection (2)(a)(i), (ii), or (iii).
Section 89. Section 
53G-8-702
 is amended to read:
53G-8-702.
School resource officer training -- Curriculum.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board 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 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.
(4) The state board shall work together with the Department of Public Safety, the State
Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
policies and procedures that govern student resource officers.
Section 90. Section 
53G-8-802
 is amended to read:
53G-8-802.
 State Safety and Support Program -- State board duties.
(1) There is created the State Safety and Support Program.
(2) The state board shall:
(a) develop in conjunction with the Division of Substance Abuse and Mental Health
model student safety and support policies for an LEA, including:
(i) evidence-based procedures for the assessment of and intervention with an individual
whose behavior poses a threat to school safety;
(ii) procedures for referrals to law enforcement; and
(iii) procedures for referrals to a community services entity, a family support
organization, or a health care provider for evaluation or treatment;
(b) provide training:
(i) in school safety;
(ii) in evidence-based approaches to improve school climate and address and correct
bullying behavior;
(iii) in evidence-based approaches in identifying an individual who may pose a threat
to the school community;
(iv) in evidence-based approaches in identifying an individual who may be showing
signs or symptoms of mental illness;
(v) on permitted disclosures of student data to law enforcement and other support
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
(vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
53E-9-203
 and 
53E-9-305
;
(c) conduct and disseminate evidence-based research on school safety concerns;
(d) disseminate information on effective school safety initiatives;
(e) encourage partnerships between public and private sectors to promote school safety;
(f) provide technical assistance to an LEA in the development and implementation of
school safety initiatives;
(g) in conjunction with the Department of Public Safety, develop and make available to
an LEA a model critical incident response training program that includes protocols for
conducting a threat assessment, and ensuring building security during an incident;
(h) provide space for the public safety liaison described in Section 
53-1-106
 and the
school-based mental health specialist described in Section 
62A-15-103
;
(i) create a model school climate survey that may be used by an LEA to assess
stakeholder perception of a school environment and
, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act,
 adopt rules:
(i) requiring an LEA to:
(A) create or adopt and disseminate a school climate survey; and
(B) disseminate the school climate survey;
(ii) recommending the distribution method, survey frequency, and sample size of the
survey; and
(iii) specifying the areas of content for the school climate survey; and
(j) collect aggregate data and school climate survey results from each LEA.
(3) Nothing in this section requires an individual to respond to a school climate survey.
Section 91. Section 
53G-9-607
 is amended to read:
53G-9-607.
Training, education, and prevention -- Standards.
(1) (a) An LEA governing 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) An LEA governing 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, LEA
governing 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) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish standards for high quality training related to
bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
Section 92. Section 
53G-9-704
 is amended to read:
53G-9-704.
Youth suicide prevention training for employees.
(1) A school district or charter school shall require a licensed employee to complete a
minimum of two hours of professional development training on youth suicide prevention every
three years.
(2) The state 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) [
incorporate in rule
] 
by 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 
53E-6-201
.
Section 93. Section 
53G-9-801
 is amended to read:
53G-9-801.
Definitions.
As used in 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 rule 
made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(c) an Adult Education Secondary Diploma, as defined in state board rule 
made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; or
(d) an employer-recognized, industry-based certificate that is:
(i) likely to result in job placement; and
(ii) included in the state board'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 
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 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 
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 under Subsection 
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; 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 
53G-9-802
(3).
Section 94. Section 
53G-10-304
 is amended to read:
53G-10-304.
Instruction on the flag of the United States of America.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall provide by rule for a program of instruction within the public schools
relating to the flag of the United States.
(2) The instruction shall include the history of the flag, etiquette, customs pertaining to
the display and use of the flag, and other patriotic exercises as provided by 4 U.S.C. Secs. 1 to
10.
(3) (a) The pledge of allegiance to the flag shall be recited once at the beginning of
each day in each public school classroom in the state, led by a student in the classroom, as
assigned by the classroom teacher on a rotating basis.
(b) Each student shall be informed by posting a notice in a conspicuous place that the
student has the right not to participate in reciting the pledge.
(c) A student shall be excused from reciting the pledge upon written request from the
student's parent.
(d) (i) At least once a year students shall be instructed that:
(A) participation in the pledge of allegiance is voluntary and not compulsory; and
(B) not only is it acceptable for someone to choose not to participate in the pledge of
allegiance for religious or other reasons, but students should show respect for any student who
chooses not to participate.
(ii) A public school teacher shall strive to maintain an atmosphere among students in
the classroom that is consistent with the principles described in Subsection (3)(d)(i).
Section 95. Section 
53G-10-402
 is amended to read:
53G-10-402.
Instruction in health -- Parental consent requirements -- Conduct
and speech of school employees and volunteers -- Political and religious doctrine
prohibited.
(1) As used in this section:
(a) "LEA governing board" means a local school board or charter school governing
board.
(b) "Refusal skills" means instruction:
(i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
adult;
(ii) in a student's obligation to stop the student's sexual advances if refused by another
individual;
(iii) informing a student of the student's right to report and seek counseling for
unwanted sexual advances;
(iv) in sexual harassment; and
(v) informing a student that a student may not consent to criminally prohibited
activities or activities for which the student is legally prohibited from giving consent, including
the electronic transmission of sexually explicit images by an individual of the individual or
another.
(2) (a) The state board shall establish curriculum requirements under Section
53E-3-501
 that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene;
(iv) prevention of communicable disease;
(v) refusal skills; and
(vi) the harmful effects of pornography.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that, and instruction shall:
(i) stress the importance of abstinence from all sexual activity before marriage and
fidelity after marriage as methods for preventing certain communicable diseases;
(ii) stress personal skills that encourage individual choice of abstinence and fidelity;
(iii) prohibit instruction in:
(A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(B) the advocacy of premarital or extramarital sexual activity; or
(C) the advocacy or encouragement of the use of contraceptive methods or devices; and
(iv) except as provided in Subsection (2)(d), allow instruction to include information
about contraceptive methods or devices that stresses effectiveness, limitations, risks, and
information on state law applicable to minors obtaining contraceptive methods or devices.
(c) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules for an LEA governing board that adopts instructional
materials under Subsection (2)(g)(ii) that:
(i) require the LEA governing board to report on the materials selected and the LEA
governing board's compliance with Subsection (2)(h); and
(ii) provide for an appeal and review process of the LEA governing board's adoption of
instructional materials.
(d) The state board may not require an LEA to teach or adopt instructional materials
that include information on contraceptive methods or devices.
(e) (i) At no time may instruction be provided, including responses to spontaneous
questions raised by students, regarding any means or methods that facilitate or encourage the
violation of any state or federal criminal law by a minor or an adult.
(ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
spontaneous question as long as the response is consistent with the provisions of this section.
(f) The state board shall recommend instructional materials for use in the curricula
required under Subsection (2)(a) after considering evaluations of instructional materials by the
State Instructional Materials Commission.
(g) An LEA governing board may choose to adopt:
(i) the instructional materials recommended under Subsection (2)(f); or
(ii) other instructional materials in accordance with Subsection (2)(h).
(h) An LEA governing board that adopts instructional materials under Subsection
(2)(g)(ii) shall:
(i) ensure that the materials comply with state law and board rules;
(ii) base the adoption of the materials on the recommendations of the LEA governing
board's Curriculum Materials Review Committee; and
(iii) adopt the instructional materials in an open and regular meeting of the LEA
governing board for which prior notice is given to parents of students attending the respective
schools and an opportunity for parents to express their views and opinions on the materials at
the meeting.
(3) (a) A student shall receive instruction in the courses described in Subsection (2) on
at least two occasions during the period that begins with the beginning of grade 8 and the end
of grade 12.
(b) At the request of the state board, the Department of Health shall cooperate with the
state board in developing programs to provide instruction in those areas.
(4) (a) The state board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
are complied with; and
(ii) require a student's parent to be notified in advance and have an opportunity to
review the information for which parental consent is required under Sections 
76-7-322
 and
76-7-323
.
(b) The state board shall also provide procedures for disciplinary action for violation of
Section 
76-7-322
 or 
76-7-323
.
(5) (a) In keeping with the requirements of Section 
53G-10-204
, and because school
employees and volunteers serve as examples to their students, school employees or volunteers
acting in their official capacities may not support or encourage criminal conduct by students,
teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described
in Subsection (5)(a) also apply to a school employee or volunteer acting outside of the school
employee's or volunteer's official capacities if:
(i) the employee or volunteer knew or should have known that the employee's or
volunteer's action could result in a material and substantial interference or disruption in the
normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in the
normal activities of the school.
(c) The state board or an LEA governing board may not allow training of school
employees or volunteers that supports or encourages criminal conduct.
(d) The state board shall adopt
, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act,
 rules implementing this section.
(e) Nothing in this section limits the ability or authority of the state board or an LEA
governing board to enact and enforce rules or take actions that are otherwise lawful, regarding
educators', employees', or volunteers' qualifications or behavior evidencing unfitness for duty.
(6) Except as provided in Section 
53G-10-202
, political, atheistic, sectarian, religious,
or denominational doctrine may not be taught in the public schools.
(7) (a) An LEA governing board and an LEA governing board's employees shall
cooperate and share responsibility in carrying out the purposes of this chapter.
(b) An LEA governing board shall provide appropriate professional development for
the LEA governing board's teachers, counselors, and school administrators to enable them to
understand, protect, and properly instruct students in the values and character traits referred to
in this section and Sections 
53E-9-202
, 
53E-9-203
, 
53G-10-202
, 
53G-10-203
, 
53G-10-204
,
and 
53G-10-205
, and distribute appropriate written materials on the values, character traits, and
conduct to each individual receiving the professional development.
(c) An LEA governing board shall make the written materials described in Subsection
(7)(b) available to classified employees, students, and parents of students.
(d) In order to assist an LEA governing board in providing the professional
development required under Subsection (7)(b), the state board shall, as appropriate, contract
with a qualified individual or entity possessing expertise in the areas referred to in Subsection
(7)(b) to develop and disseminate model teacher professional development programs that an
LEA governing board may use to train the individuals referred to in Subsection (7)(b) to
effectively teach the values and qualities of character referenced in Subsection (7).
(e) In accordance with the provisions of Subsection (5)(c), professional development
may not support or encourage criminal conduct.
(8) An LEA governing board shall review every two years:
(a) LEA governing board policies on instruction described in this section;
(b) for a local school board of a school district, data for each county that the school
district is located in, or, for a charter school governing board, data for the county in which the
charter school is located, on the following:
(i) teen pregnancy;
(ii) child sexual abuse; and
(iii) sexually transmitted diseases and sexually transmitted infections; and
(c) the number of pornography complaints or other instances reported within the
jurisdiction of the LEA governing board.
(9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
section, or the application thereof to any person or circumstance, is found to be
unconstitutional, the balance of this section shall be given effect without the invalid provision,
subsection, sentence, clause, phrase, or word.
Section 96. Section 
53G-10-406
 is amended to read:
53G-10-406.
Underage Drinking Prevention Program -- State board rules.
(1) As used in this section:
(a) "Advisory council" means the Underage Drinking Prevention Program Advisory
Council created in this section.
(b) "Program" means the Underage Drinking Prevention Program created in this
section.
(c) "School-based prevention program" means an evidence-based program intended for
students aged 13 and older that:
(i) is aimed at preventing underage consumption of alcohol;
(ii) is delivered by methods that engage students in storytelling and visualization;
(iii) addresses the behavioral risk factors associated with underage drinking; and
(iv) provides practical tools to address the dangers of underage drinking.
(2) There is created the Underage Drinking Prevention Program that consists of:
(a) a school-based prevention program for students in grade 7 or 8; and
(b) a school-based prevention program for students in grade 9 or 10 that increases
awareness of the dangers of driving under the influence of alcohol.
(3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
school year to each student in grade 7 or 8 and grade 9 or 10.
(b) An LEA shall select from the providers qualified by the state board under
Subsection (6) to offer the program.
(4) The state board shall administer the program with input from the advisory council.
(5) There is created the Underage Drinking Prevention Program Advisory Council
comprised of the following members:
(a) the executive director of the Department of Alcoholic Beverage Control or the
executive director's designee;
(b) the executive director of the Department of Health or the executive director's
designee;
(c) the director of the Division of Substance Abuse and Mental Health or the director's
designee;
(d) the director of the Division of Child and Family Services or the director's designee;
(e) the director of the Division of Juvenile Justice Services or the director's designee;
(f) the state superintendent or the state superintendent's designee; and
(g) two members of the state board, appointed by the chair of the state board.
(6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
board shall qualify one or more providers to provide the program to an LEA.
(b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
(i) whether the provider's program complies with the requirements described in this
section;
(ii) the extent to which the provider's underage drinking prevention program aligns
with core standards for Utah public schools; and
(iii) the provider's experience in providing a program that is effective at reducing
underage drinking.
(7) (a) The state board shall use money from the Underage Drinking Prevention
Program Restricted Account described in Section 
53F-9-304
 for the program.
(b) The state board may use money from the Underage Drinking Prevention Program
Restricted Account to fund up to .5 of a full-time equivalent position to administer the
program.
(8) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that:
(a) beginning with the 2018-19 school year, require an LEA to offer the Underage
Drinking Prevention Program each school year to each student in grade 7 or 8 and grade 9 or
10; and
(b) establish criteria for the state board to use in selecting a provider described in
Subsection (6).
Section 97. Section 
53G-10-502
 is amended to read:
53G-10-502.
Driver education established by school districts.
(1) (a) Local school districts may establish and maintain driver education for pupils.
(b) A school or local school district that provides driver education shall provide an
opportunity for each pupil enrolled in that school or local school district to take the written test
when the pupil is 15 years and nine months of age.
(c) Notwithstanding the provisions of Subsection (1)(b), a school or local school
district that provides driver education may provide an opportunity for each pupil enrolled in
that school or school district to take the written test when the pupil is 15 years of age.
(2) The purpose of driver education is to help develop the knowledge, attitudes, habits,
and skills necessary for the safe operation of motor vehicles.
(3) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules for driver education offered in the public schools.
(4) The rules under Subsection (3) shall:
(a) require at least one hour of classroom training on the subject of railroad crossing
safety for each driver education pupil;
(b) require instruction, based on data and information provided by the Division of Air
Quality, on:
(i) ways drivers can improve air quality; and
(ii) the harmful effects of vehicle emissions; and
(c) establish minimum standards for approved driving ranges under Section
53-3-505.5
.
(5) The requirements of Section 
53-3-505.5
 apply to any behind-the-wheel driving
training provided as part of driver education offered under this part and used to satisfy the
driver training requirement under Section 
53-3-204
.
Section 98. Section 
53G-10-507
 is amended to read:
53G-10-507.
Driver education teachers certified as license examiners.
(1) The Driver License Division of the Department of Public Safety and the state board
shall establish procedures and standards to certify teachers of driver education classes under
this part to administer written and driving tests.
(2) The division is the certifying authority.
(3) (a) A teacher certified under this section shall give written and driving tests
designed for driver education classes authorized under this part.
(b) The Driver License Division shall, in conjunction with the state board, establish
minimal standards for the driver education class tests that are at least as difficult as those
required to receive a class D operator's license under Title 53, Chapter 3, Uniform Driver
License Act.
(c) A student who passes the written test but fails the driving test given by a teacher
certified under this section may apply for a learner permit or class D operator's license under
Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
License Division office.
(4) A student shall have a learner permit issued by the Driver License Division under
Section 
53-3-210.5
 in the student's immediate possession at all times when operating a motor
vehicle under this section.
(5) A student who successfully passes the tests given by a certified driver education
teacher under this section satisfies the written and driving parts of the test required for a learner
permit or class D operator's license.
(6) The Driver License Division and the state board shall establish procedures to
enable school districts to administer or process any tests for students to receive a learner permit
or class D operator's license.
(7) The division and state board shall establish the standards and procedures required
under this section by rules 
made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
Section 99. Section 
53G-10-508
 is amended to read:
53G-10-508.
 Programs authorized -- Minimum standards.
(1) Local school districts may:
(a) allow students to complete the classroom training portion of driver education
through home study;
(b) provide each parent with driver education instructional materials to assist in parent
involvement with driver education including behind-the-wheel driving materials;
(c) offer driver education outside of school hours in order to reduce the cost of
providing driver education;
(d) offer driver education through community education programs;
(e) offer the classroom portion of driver education in the public schools and allow the
student to complete the behind-the-wheel portion with a private provider:
(i) licensed under Section 
53-3-504
; and
(ii) not associated with the school or under contract with the school under Subsection
53G-10-503
(3); or
(f) any combination of Subsections (1)(a) through (e).
(2) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall establish in rule minimum standards for the school-related programs
under Subsection (1).
Section 100. Section 
53G-11-304
 is amended to read:
53G-11-304.
Educator exit survey -- Rulemaking -- Local education agencies to
create and administer exit surveys -- Reporting.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules that establish:
(a) minimum standards for an exit survey described in Subsection (2), including a
model exit survey; and
(b) LEA exit survey reporting requirements.
(2) An LEA shall, in accordance with the rules described in Subsection (1):
(a) for an educator who is leaving employment at the LEA:
(i) create an exit survey; and
(ii) make the LEA's best effort to administer the exit survey to the educator before the
educator leaves employment at the LEA; and
(b) report the results of an administered exit survey to the state board.
(3) The state board shall:
(a) before taking final action on the rules described in Subsection (1), report the
proposed rules to the Education Interim Committee and consider recommendations from the
committee regarding the proposed rules; and
(b) on or before November 30, 2020, and as requested by the Education Interim
Committee, report to the committee on the results described in Subsection (2)(b).
Section 101. Section 
53G-11-504
 is amended to read:
53G-11-504.
Evaluation of employee performance.
(1) Except as provided in Subsection (2), a local school board shall require that the
performance of each school district employee be evaluated annually in accordance with rules of
the state board adopted in accordance with this part 
and Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(2) Rules adopted by the state board under Subsection (1) may include an exemption
from annual performance evaluations for a temporary employee or a part-time employee.
Section 102. Section 
53G-11-508
 is amended to read:
53G-11-508.
Summative evaluation timelines -- Review of summative evaluations.
(1) The person responsible for administering an educator's summative evaluation shall:
(a) at least 15 days before an educator's first evaluation:
(i) notify the educator of the evaluation process; and
(ii) give the educator a copy of the evaluation instrument, if an instrument is used;
(b) allow the educator to respond to any part of the evaluation;
(c) attach the educator's response to the evaluation if the educator's response is
provided in writing;
(d) within 15 days after the evaluation process is completed, discuss the written
evaluation with the educator; and
(e) based upon the educator's performance, assign to the educator one of the four levels
of performance described in Section 
53G-11-507
.
(2) An educator who is not satisfied with a summative evaluation may request a review
of the evaluation within 15 days after receiving the written evaluation.
(3) (a) If a review is requested in accordance with Subsection (2), the school district
superintendent or the superintendent's designee shall appoint a person not employed by the
school district who has expertise in teacher or personnel evaluation to review the evaluation
procedures and make recommendations to the superintendent regarding the educator's
summative evaluation.
(b) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules prescribing standards for an independent review of an
educator's summative evaluation.
(c) A review of an educator's summative evaluation under Subsection (3)(a) shall be
conducted in accordance with state board rules made under Subsection (3)(b).
Section 103. Section 
53G-11-510
 is amended to read:
53G-11-510.
State board to describe a framework for the evaluation of educators.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules:
(a) describing a framework for the evaluation of educators that is consistent with the
requirements of Part 3, Licensed Employee Requirements, and Sections 
53G-11-506
,
53G-11-507
, 
53G-11-508
, 
53G-11-509
, 
53G-11-510
, and 
53G-11-511
; and
(b) requiring an educator's summative evaluation to be based on:
(i) educator professional standards established by the state board; and
(ii) the requirements described in Subsection 
53G-11-507
(1).
(2) The rules described in Subsection (1) shall prohibit the use of end-of-level
assessment scores in educator evaluation. 
Section 104. Section 
53G-11-511
 is amended to read:
53G-11-511.
Report of performance levels.
(1) A school district shall report to the state board the number and percent of educators
in each of the four levels of performance assigned under Section 
53G-11-508
.
(2) The data reported under Subsection (1) shall be separately reported for the
following educator classifications:
(a) administrators;
(b) teachers, including separately reported data for provisional teachers and career
teachers; and
(c) other classifications or demographics of educators as determined by the state board.
(3) The state superintendent shall include the data reported by school districts under
this section in the State Superintendent's Annual Report required by Section 
53E-3-301
.
(4) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules to ensure the privacy and protection of individual
evaluation data.
Section 105. Section 
53G-11-518
 is amended to read:
53G-11-518.
State board to make rules on performance compensation.
(1) [
The
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 state board shall make rules requiring a school district's employee compensation
system to be aligned with the district's annual evaluation system described in Section
53G-11-507
.
(2) Rules adopted under Subsection (1) shall :
(a) establish a timeline for developing and implementing an employee compensation
system that is aligned with an annual evaluation system; and
(b) provide that beginning no later than the 2016-17 school year:
(i) any advancement on an adopted wage or salary schedule:
(A) shall be based primarily on an evaluation; and
(B) may not be based on end-of-level assessment scores; and
(ii) an employee may not advance on an adopted wage or salary schedule if the
employee's rating on the most recent evaluation is at the lowest level of an evaluation
instrument.
Section 106. Section 
63A-1-105.5
 is amended to read:
63A-1-105.5.
Rulemaking authority of executive director.
The executive director shall, upon the recommendation of the appropriate division
directors 
or the director of the Office of Administrative Rules
, make rules consistent with state
and federal law, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, governing:
(1) administrative services; and
(2) the provision and use of administrative services furnished to state agencies and
institutions.
Section 107. Section 
63G-3-102
 is amended to read:
63G-3-102.
Definitions.
As used in this chapter:
(1) "Administrative record" means information an agency relies upon when making a
rule under this chapter including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public
comment period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process.
(2) "Agency" means each state board, authority, commission, institution, department,
division, officer, or other state government entity other than the Legislature, its committees, the
political subdivisions of the state, or the courts, which is authorized or required by law to make
rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
perform other similar actions or duties delegated by law.
(3) "Bulletin" means the Utah State Bulletin.
(4) "Catchline" means a short summary of each section, part, rule, or title of the code
that follows the section, part, rule, or title reference placed before the text of the rule and serves
the same function as boldface in legislation as described in Section 
68-3-13
.
(5) "Code" means the body of all effective rules as compiled and organized by the
office and entitled "Utah Administrative Code."
(6) "Department" means the Department of Administrative Services created in Section
63A-1-104
.
(7) "Director" means the director of the office.
[
(7)
] 
(8)
 "Effective" means operative and enforceable.
[
(8)
] 
(9)
 "Executive director" means the executive director of the department.
[
(9)
] 
(10)
 (a) "File" means to submit a document to the office as prescribed by the
[
department
] 
office
.
[
(b)
] 
(11)
 "Filing date" means the day and time the document is recorded as received by
the office.
[
(10)
] 
(12)
 "Interested person" means any person affected by or interested in a
proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section
63G-3-402
.
[
(11)
] 
(13)
 "Office" means the Office of Administrative Rules created in Section
63G-3-401
.
[
(12)
] 
(14)
 "Order" means an agency action that determines the legal rights, duties,
privileges, immunities, or other interests of one or more specific persons, but not a class of
persons.
[
(13)
] 
(15)
 "Person" means any individual, partnership, corporation, association,
governmental entity, or public or private organization of any character other than an agency.
[
(14)
] 
(16)
 "Publication" or "publish" means making a rule available to the public by
including the rule or a summary of the rule in the bulletin.
[
(15)
] 
(17)
 "Publication date" means the inscribed date of the bulletin.
[
(16)
] 
(18)
 "Register" may include an electronic database.
[
(17)
] 
(19)
 (a) "Rule" means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) implements or interprets a state or federal legal mandate; and
(iii) applies to a class of persons or another agency.
(b) "Rule" includes the amendment or repeal of an existing rule.
(c) "Rule" does not mean:
(i) orders;
(ii) an agency's written statement that applies only to internal management and that
does not restrict the legal rights of a public class of persons or another agency;
(iii) the governor's executive orders or proclamations;
(iv) opinions issued by the attorney general's office;
(v) declaratory rulings issued by the agency according to Section 
63G-4-503
 except as
required by Section 
63G-3-201
;
(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
63G-3-201
(6); or
(vii) an agency written statement that is in violation of any state or federal law.
[
(18)
] 
(20)
 "Rule analysis" means the format prescribed by the [
department
] 
office
 to
summarize and analyze rules.
[
(19)
] 
(21)
 "Small business" means a business employing fewer than 50 persons.
[
(20)
] 
(22)
 "Substantive change" means a change in a rule that affects the application
or results of agency actions.
Section 108. Section 
63G-3-201
 is amended to read:
63G-3-201.
When rulemaking is required.
(1) Each agency shall:
(a) maintain a current version of its rules; and
(b) make it available to the public for inspection during its regular business hours.
(2) In addition to other rulemaking required by law, each agency shall make rules when
agency action:
(a) authorizes, requires, or prohibits an action;
(b) provides or prohibits a material benefit;
(c) applies to a class of persons or another agency; and
(d) is explicitly or implicitly authorized by statute.
(3) Rulemaking is also required when an agency issues a written interpretation of a
state or federal legal mandate.
(4) Rulemaking is not required when:
(a) agency action applies only to internal agency management, inmates or residents of a
state correctional, diagnostic, or detention facility, persons under state legal custody, patients
admitted to a state hospital, members of the state retirement system, or , except as provided in
Title 53B, Chapter 27, Part 3, Student Civil Liberties Protection Act, students enrolled in a
state education institution;
(b) a standardized agency manual applies only to internal fiscal or administrative
details of governmental entities supervised under statute;
(c) an agency issues policy or other statements that are advisory, informative, or
descriptive, and do not conform to the requirements of Subsections (2) and (3); or
(d) an agency makes nonsubstantive changes in a rule, except that the agency shall file
all nonsubstantive changes in a rule with the office.
(5) (a) A rule shall enumerate any penalty authorized by statute that may result from its
violation, subject to Subsections (5)(b) and (c).
(b) A violation of a rule may not be subject to the criminal penalty of a class C
misdemeanor or greater offense, except as provided under Subsection (5)(c).
(c) A violation of a rule may be subject to a class C misdemeanor or greater criminal
penalty under Subsection (5)(a) when:
(i) authorized by a specific state statute;
(ii) a state law and programs under that law are established in order for the state to
obtain or maintain primacy over a federal program; or
(iii) state civil or criminal penalties established by state statute regarding the program
are equivalent to or less than corresponding federal civil or criminal penalties.
(6) Each agency shall enact rules incorporating the principles of law not already in its
rules that are established by final adjudicative decisions within 120 days after the decision is
announced in its cases.
(7) (a) Each agency may enact a rule that incorporates by reference:
(i) all or any part of another code, rule, or regulation that has been adopted by a federal
agency, an agency or political subdivision of this state, an agency of another state, or by a
nationally recognized organization or association;
(ii) state agency implementation plans mandated by the federal government for
participation in the federal program;
(iii) lists, tables, illustrations, or similar materials that are subject to frequent change,
fully described in the rule, and are available for public inspection; or
(iv) lists, tables, illustrations, or similar materials that the [
executive director or the
executive director's designee
] 
director
 determines are too expensive to reproduce in the
administrative code.
(b) Rules incorporating materials by reference shall:
(i) be enacted according to the procedures outlined in this chapter;
(ii) state that the referenced material is incorporated by reference;
(iii) state the date, issue, or version of the material being incorporated; and
(iv) define specifically what material is incorporated by reference and identify any
agency deviations from it.
(c) The agency shall identify any substantive changes in the material incorporated by
reference by following the rulemaking procedures of this chapter.
(d) The agency shall maintain a complete and current copy of the referenced material
available for public review at the agency and at the office.
(8) (a) This chapter is not intended to inhibit the exercise of agency discretion within
the limits prescribed by statute or agency rule.
(b) An agency may enact a rule creating a justified exception to a rule.
(9) An agency may obtain assistance from the attorney general to ensure that its rules
meet legal and constitutional requirements.
Section 109. Section 
63G-3-301
 is amended to read:
63G-3-301.
Rulemaking procedure.
(1) An agency authorized to make rules is also authorized to amend or repeal those
rules.
(2) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, when making,
amending, or repealing a rule agencies shall comply with:
(a) the requirements of this section;
(b) consistent procedures required by other statutes;
(c) applicable federal mandates; and
(d) rules made by the [
department
] 
office
 to implement this chapter.
(3) Subject to the requirements of this chapter, each agency shall develop and use
flexible approaches in drafting rules that meet the needs of the agency and that involve persons
affected by the agency's rules.
(4) (a) Each agency shall file the agency's proposed rule and rule analysis with the
office.
(b) Rule amendments shall be marked with new language underlined and deleted
language struck out.
(c) (i) The office shall publish the information required under Subsection (8) on the
rule analysis and the text of the proposed rule in the next issue of the bulletin.
(ii) For rule amendments, only the section or subsection of the rule being amended
need be printed.
(iii) If the [
executive director or the executive director's designee
] 
director
 determines
that the rule is too long to publish, the office shall publish the rule analysis and shall publish
the rule by reference to a copy on file with the office.
(5) Before filing a rule with the office, the agency shall conduct a thorough analysis,
consistent with the criteria established by the Governor's Office of Management and Budget, of
the fiscal impact a rule may have on businesses, which criteria may include:
(a) the type of industries that will be impacted by the rule, and for each identified
industry, an estimate of the total number of businesses within the industry, and an estimate of
the number of those businesses that are small businesses;
(b) the individual fiscal impact that would incur to a typical business for a one-year
period;
(c) the aggregated total fiscal impact that would incur to all businesses within the state
for a one-year period;
(d) the total cost that would incur to all impacted entities over a five-year period; and
(e) the department head's comments on the analysis.
(6) If the agency reasonably expects that a proposed rule will have a measurable
negative fiscal impact on small businesses, the agency shall consider, as allowed by federal
law, each of the following methods of reducing the impact of the rule on small businesses:
(a) establishing less stringent compliance or reporting requirements for small
businesses;
(b) establishing less stringent schedules or deadlines for compliance or reporting
requirements for small businesses;
(c) consolidating or simplifying compliance or reporting requirements for small
businesses;
(d) establishing performance standards for small businesses to replace design or
operational standards required in the proposed rule; and
(e) exempting small businesses from all or any part of the requirements contained in
the proposed rule.
(7) If during the public comment period an agency receives comment that the proposed
rule will cost small business more than one day's annual average gross receipts, and the agency
had not previously performed the analysis in Subsection (6), the agency shall perform the
analysis described in Subsection (6).
(8) The rule analysis shall contain:
(a) a summary of the rule or change;
(b) the purpose of the rule or reason for the change;
(c) the statutory authority or federal requirement for the rule;
(d) the anticipated cost or savings to:
(i) the state budget;
(ii) local governments;
(iii) small businesses; and
(iv) persons other than small businesses, businesses, or local governmental entities;
(e) the compliance cost for affected persons;
(f) how interested persons may review the full text of the rule;
(g) how interested persons may present their views on the rule;
(h) the time and place of any scheduled public hearing;
(i) the name and telephone number of an agency employee who may be contacted
about the rule;
(j) the name of the agency head or designee who authorized the rule;
(k) the date on which the rule may become effective following the public comment
period;
(l) the agency's analysis on the fiscal impact of the rule as required under Subsection
(5);
(m) any additional comments the department head may choose to submit regarding the
fiscal impact the rule may have on businesses; and
(n) if applicable, a summary of the agency's efforts to comply with the requirements of
Subsection (6).
(9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
summary that generally includes the following:
(i) a summary of substantive provisions in the repealed rule which are eliminated from
the enacted rule; and
(ii) a summary of new substantive provisions appearing only in the enacted rule.
(b) The summary required under this Subsection (9) is to aid in review and may not be
used to contest any rule on the ground of noncompliance with the procedural requirements of
this chapter.
(10) A copy of the rule analysis shall be mailed to all persons who have made timely
request of the agency for advance notice of the agency's rulemaking proceedings and to any
other person who, by statutory or federal mandate or in the judgment of the agency, should also
receive notice.
(11) (a) Following the publication date, the agency shall allow at least 30 days for
public comment on the rule.
(b) The agency shall review and evaluate all public comments submitted in writing
within the time period under Subsection (11)(a) or presented at public hearings conducted by
the agency within the time period under Subsection (11)(a).
(12) (a) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, a proposed rule
becomes effective on any date specified by the agency that is:
(i) no fewer than seven calendar days after the day on which the public comment
period closes under Subsection (11); and
(ii) no more than 120 days after the day on which the rule is published.
(b) The agency shall provide notice of the rule's effective date to the office in the form
required by the [
department
] 
office
.
(c) The notice of effective date may not provide for an effective date before the day on
which the office receives the notice.
(d) The office shall publish notice of the effective date of the rule in the next issue of
the bulletin.
(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
not filed with the office within 120 days after the day on which the rule is published.
(13) (a) Except as provided in Subsection (13)(d), before an agency enacts a rule, the
agency shall submit to the appropriations subcommittee and interim committee with
jurisdiction over the agency the agency's proposed rule for review, if the proposed rule, over a
three-year period, has a fiscal impact of more than:
(i) $250,000 to a single person; or
(ii) $7,500,000 to a group of persons.
(b) An appropriations subcommittee or interim committee that reviews a rule
submitted under Subsection (13)(a) shall:
(i) before the review, directly inform the chairs of the Administrative Rules Review
Committee of the coming review, including the date, time, and place of the review; and
(ii) after the review, directly inform the chairs of the Administrative Rules Review
Committee of the outcome of the review, including any recommendation.
(c) An appropriations subcommittee or interim committee that reviews a rule submitted
under Subsection (13)(a) may recommend to the Administrative Rules Review Committee that
the Administrative Rules Review Committee not recommend reauthorization of the rule in the
omnibus legislation described in Section 
63G-3-502
.
(d) The requirement described in Subsection (13)(a) does not apply to:
(i) the State Tax Commission; or
(ii) the State Board of Education.
(14) (a) As used in this Subsection (14), "initiate rulemaking proceedings" means the
filing, for the purposes of publication in accordance with Subsection (4), of an agency's
proposed rule that is required by state statute.
(b) A state agency shall initiate rulemaking proceedings no later than 180 days after the
day on which the statutory provision that specifically requires the rulemaking takes effect,
except under Subsection (14)(c).
(c) When a statute is enacted that requires agency rulemaking and the affected agency
already has rules in place that meet the statutory requirement, the agency shall submit the rules
to the Administrative Rules Review Committee for review within 60 days after the day on
which the statute requiring the rulemaking takes effect.
(d) If a state agency does not initiate rulemaking proceedings in accordance with the
time requirements in Subsection (14)(b), the state agency shall appear before the legislative
Administrative Rules Review Committee and provide the reasons for the delay.
Section 110. Section 
63G-3-401
 is amended to read:
63G-3-401.
Office of Administrative Rules created -- Director.
(1) There is created within the Department of Administrative Services the Office of
Administrative Rules, to be administered by a [
coordinator
] 
director
.
(2) (a) The executive director shall appoint the director.
[
(2)
] 
(b)
 The [
coordinator
] 
director
 shall hire, train, and supervise staff necessary for
the office to carry out the provisions of this chapter.
Section 111. Section 
63G-3-402
 is amended to read:
63G-3-402.
Office of Administrative Rules -- Duties generally.
(1) The office shall:
(a) record in a register the receipt of all agency rules, rule analysis forms, and notices
of effective dates;
(b) make the register, copies of all proposed rules, and rulemaking documents available
for public inspection;
(c) publish all proposed rules, rule analyses, notices of effective dates, and review
notices in the bulletin at least monthly, except that the office may publish the complete text of
any proposed rule that the [
executive director or the executive director's designee
] 
director
determines is too long to print or too expensive to publish by reference to the text maintained
by the office;
(d) compile, format, number, and index all effective rules in an administrative code,
and periodically publish that code and supplements or revisions to it;
(e) publish a digest of all rules and notices contained in the most recent bulletin;
(f) publish at least annually an index of all changes to the administrative code and the
effective date of each change;
(g) print, or contract to print, all rulemaking publications the [
executive
] director
determines necessary to implement this chapter;
(h) distribute without charge the bulletin and administrative code to state-designated
repositories, the Administrative Rules Review Committee, the Office of Legislative Research
and General Counsel, and the two houses of the Legislature;
(i) distribute without charge the digest and index to state legislators, agencies, political
subdivisions on request, and the Office of Legislative Research and General Counsel;
(j) distribute, at prices covering publication costs, all paper rulemaking publications to
all other requesting persons and agencies;
(k) provide agencies assistance in rulemaking;
(l) if the department operates the office as an internal service fund agency in
accordance with Section 
63A-1-109.5
, submit to the Rate Committee established in Section
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee;
(m) administer this chapter and require state agencies to comply with filing,
publication, and hearing procedures; and
(n) make technological improvements to the rulemaking process, including
improvements to automation and digital accessibility.
(2) The [
department
] 
office
 shall establish by rule in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, all filing, publication, and hearing procedures
necessary to make rules under this chapter.
(3) The office may after notifying the agency make nonsubstantive changes to rules
filed with the office or published in the bulletin or code by:
(a) implementing a uniform system of formatting, punctuation, capitalization,
organization, numbering, and wording;
(b) correcting obvious errors and inconsistencies in punctuation, capitalization,
numbering, referencing, and wording;
(c) changing a catchline to more accurately reflect the substance of each section, part,
rule, or title;
(d) updating or correcting annotations associated with a section, part, rule, or title; and
(e) merging or determining priority of any amendment, enactment, or repeal to the
same rule or section made effective by an agency.
(4) In addition, the office may make the following nonsubstantive changes with the
concurrence of the agency:
(a) eliminate duplication within rules;
(b) eliminate obsolete and redundant words; and
(c) correct defective or inconsistent section and paragraph structure in arrangement of
the subject matter of rules.
(5) For nonsubstantive changes made in accordance with Subsection (3) or (4) after
publication of the rule in the bulletin, the office shall publish a list of nonsubstantive changes
in the bulletin. For each nonsubstantive change, the list shall include:
(a) the affected code citation;
(b) a brief description of the change; and
(c) the date the change was made.
(6) All funds appropriated or collected for publishing the office's publications shall be
nonlapsing.
Section 112. Section 
63G-3-403
 is amended to read:
63G-3-403.
Repeal and reenactment of Utah Administrative Code.
(1) When the [
executive
] director determines that the Utah Administrative Code
requires extensive revision and reorganization, the office may repeal the code and reenact a
new code according to the requirements of this section.
(2) The office may:
(a) reorganize, reformat, and renumber the code;
(b) require each agency to review its rules and make any organizational or substantive
changes according to the requirements of Section 
63G-3-303
; and
(c) require each agency to prepare a brief summary of all substantive changes made by
the agency.
(3) The office may make nonsubstantive changes in the code by:
(a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
(b) eliminating duplication;
(c) correcting defective or inconsistent section and paragraph structure in arrangement
of the subject matter of rules;
(d) eliminating all obsolete or redundant words;
(e) correcting obvious errors and inconsistencies in punctuation, capitalization,
numbering, referencing, and wording;
(f) changing a catchline to more accurately reflect the substance of each section, part,
rule, or title;
(g) updating or correcting annotations associated with a section, part, rule, or title; and
(h) merging or determining priority of any amendment, enactment, or repeal to the
same rule or section made effective by an agency.
(4) (a) To inform the public about the proposed code reenactment, the office shall
publish in the bulletin:
(i) notice of the code reenactment;
(ii) the date, time, and place of a public hearing where members of the public may
comment on the proposed reenactment of the code;
(iii) locations where the proposed reenactment of the code may be reviewed; and
(iv) agency summaries of substantive changes in the reenacted code.
(b) To inform the public about substantive changes in agency rules contained in the
proposed reenactment, each agency shall:
(i) make the text of their reenacted rules available:
(A) for public review during regular business hours; and
(B) in an electronic version; and
(ii) comply with the requirements of Subsection 
63G-3-301
(10).
(5) The office shall hold a public hearing on the proposed code reenactment no fewer
than 30 days nor more than 45 days after the publication required by Subsection (4)(a).
(6) The office shall distribute complete text of the proposed code reenactment without
charge to:
(a) state-designated repositories in Utah;
(b) the Administrative Rules Review Committee; and
(c) the Office of Legislative Research and General Counsel.
(7) The former code is repealed and the reenacted code is effective at noon on a date
designated by the office that is not fewer than 45 days nor more than 90 days after the
publication date required by this section.
(8) Repeal and reenactment of the code meets the requirements of Section 
63G-3-305
for a review of all agency rules.
Section 113. Section 
63G-3-601
 is amended to read:
63G-3-601.
Interested parties -- Petition for agency action.
(1) As used in this section, "initiate rulemaking proceedings" means the filing, for the
purposes of publication in accordance with Subsection 
63G-3-301
(4), of an agency's proposed
rule to implement a petition for the making, amendment, or repeal of a rule as provided in this
section.
(2) An interested person may petition an agency to request the making, amendment, or
repeal of a rule.
(3) The [
department
] 
office
 shall prescribe by rule the form for petitions and the
procedure for their submission, consideration, and disposition.
(4) A statement shall accompany the proposed rule, or proposed amendment or repeal
of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and
appropriate to the powers of the agency.
(5) Within 60 days after submission of a petition, the agency shall either deny the
petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings.
(6) (a) If the petition is submitted to a board that has been granted rulemaking authority
by the Legislature, the board shall, within 45 days of the submission of the petition, place the
petition on its agenda for review.
(b) Within 80 days of the submission of the petition, the board shall either:
(i) deny the petition in writing stating its reasons for denial; or
(ii) initiate rulemaking proceedings.
(7) If the agency or board has not provided the petitioner written notice that the agency
has denied the petition or initiated rulemaking proceedings within the time limitations specified
in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state
district court.