Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 302 First Substitute (2022GS)

Sponsor

Rep. Johnson, D.N.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to parent engagement with the education process;
• requires an LEA to adopt a policy facilitating assistance to students learning English and their parents;
• defines terms;
• establishes the Educational Interpretation and Translation Services Procurement Advisory Council (council);
• requires the State Board of Education to provide information to the council;
• requires the council to advise the purchasing director of the Division of Purchasing and General Services on certain services for students learning English;
• requires the council to report to the Education Interim Committee;
• enacts sunset provisions for the council; and
• makes conforming changes.

Every vote on this bill

Bill text

EDUCATIONAL LANGUAGE SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
Daniel W. Thatcher
LONG TITLE
General Description:
This bill enacts provisions relating to services for students learning English.
Highlighted Provisions:
This bill:
▸ amends provisions related to parent engagement with the education process;
▸ requires an LEA to adopt a policy facilitating assistance to students learning English
and their parents;
▸ defines terms;
▸ establishes the Educational Interpretation and Translation Services Procurement
Advisory Council (council);
▸ requires the State Board of Education to provide information to the council;
▸ requires the council to advise the purchasing director of the Division of Purchasing
and General Services on certain services for students learning English;
▸ requires the council to report to the Education Interim Committee;
▸ enacts sunset provisions for the council; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-201
, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
53E-2-303
, as last amended by Laws of Utah 2019, Chapter 186
63I-2-253
, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
63I-2-263
, as last amended by Laws of Utah 2021, First Special Session, Chapter 4
ENACTS:
53G-7-221
, Utah Code Annotated 1953
63A-2-501
, Utah Code Annotated 1953
63A-2-502
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
35A-14-302
 and the report
on research described in Section 
35A-14-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(l) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(m) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment; [
and
]
(n) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income[
.
]
; and
(o) the annual report described in Section 
63A-2-502
 by the Educational Interpretation
and Translation Service Procurement Advisory Council.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
(c) the reports described in Section 
53E-3-520
 by the state board regarding cost centers
and implementing activity based costing;
(d) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(e) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(f) in 2022 and in 2023, on or before November 30, the report described in Subsection
53E-10-309
(7) related to the PRIME pilot program;
(g) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(h) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(i) upon request, the report described in Section 
53F-5-207
 by the state board on the
Intergenerational Poverty Intervention Grants Program;
(j) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(k) the report described in Section 
53G-7-503
 by the state board regarding fees that
LEAs charge during the 2020-2021 school year;
(l) the reports described in Section 
53G-11-304
 by the state board regarding proposed
rules and results related to educator exit surveys;
(m) the report described in Section 
62A-15-117
 by the Division of Substance Abuse
and Mental Health, the State Board of Education, and the Department of Health regarding
recommendations related to Medicaid reimbursement for school-based health services; and
(n) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission.
Section 2. Section 
53E-2-303
 is amended to read:
53E-2-303.
Family participation in educational process -- Family engagement
policy.
(1) The Legislature recognizes the importance of parental participation in the
educational process in order for students to achieve and maintain high levels of performance.
(2) It is, therefore, the policy of the state to:
(a) encourage parents to provide a home environment that values education and send
their children to school prepared to learn;
(b) rely upon school districts and schools to provide opportunities for parents of
students to be involved in establishing and implementing educational goals for their respective
schools and students; and
(c) expect employers to recognize the need for parents and members of the community
to participate in the public education system in order to help students achieve and maintain
excellence.
(3) (a) Each local school board shall adopt a policy on parental involvement in the
schools of the district.
(b) 
(i)
 The local school board shall design its policy to build consistent and effective
communication among parents, teachers, and administrators.
(ii) The policy described in Subsection (3)(b)(i):
(A) shall include parents or family, when appropriate, of children learning English,
regardless of prevalence of children learning English in the geographic area in which the LEA
is located; and
(B) may include assistance from community organizations to assist through a preferred
method of communication.
(c) The policy shall provide parents with the opportunity to be actively involved in
their children's education and to be informed of:
(i) the importance of the involvement of parents in directly affecting the success of
their children's educational efforts; and
(ii) groups and organizations that may provide instruction and training to parents to
help improve their children's academic success and support their academic efforts.
Section 3. Section 
53G-7-221
 is enacted to read:
 53G-7-221.
 Policy supporting students learning English, parents, and families.
(1) An LEA shall adopt a policy addressing the LEA's communication and assistance to
students learning English, their parents, and their families.
(2) The policy shall provide:
(a) guidance on the appropriate use of an interpreter and recommended interpreter
qualifications, including certification or education-specific experience, for the following:
(i) classroom activities;
(ii) impromptu and scheduled office visits or phone calls;
(iii) enrollment or registration processes;
(iv) the IEP process;
(v) student educational and occupational planning processes;
(vi) fee waiver processes;
(vii) parent engagement activities;
(viii) student disciplinary meetings;
(ix) school community councils;
(x) school board meetings;
(xi) other school or LEA activities; and
(xii) other interactions between the parents of a student learning English and
educational staff;
(b) guidance on the appropriate use of a translator or interpreter for the translation or
interpretation of:
(i) registration or enrollment materials, including home language surveys and English
learning program entrance and exit notifications;
(ii) assignments and accompanying materials;
(iii) report cards or other progress reports;
(iv) student discipline policies and procedures;
(v) grievance procedures and notices of rights and nondiscrimination;
(vi) parent or family handbooks; and
(vii) requests for parent permission; and
(c) any other guidance, including guidance on when oral interpretation is preferable to
written translation, to improve instruction and assistance by teachers, counselors, and
administrators to a student learning English and the student's parents and family.
(3) The state board shall provide to an LEA notification of LEA requirements
described in this section, a model of the policy described in this section, and guidance and
technical assistance regarding existing requirements in relevant statute, administrative rule, and
federal law.
Section 4. Section 
63A-2-501
 is enacted to read:
Part 5. Educational Interpretation and Translation Services 
Procurement Advisory Council
 63A-2-501.
Definitions.
As used in this part:
(1) "Advisory council" means the Educational Interpretation and Translation Services
Procurement Advisory Council established in Section 
63A-2-502
.
(2) "Contract" means a contract entered into by the division for interpretation or
translation services in accordance with Section 
63A-2-503
.
(3) "Local education agency" or "LEA" means the same as that term is defined in
Section 
53E-1-102
.
(4) "State board" means the State Board of Education.
Section 5. Section 
63A-2-502
 is enacted to read:
 63A-2-502.
 Educational Interpretation and Translation Services Procurement
Advisory Council.
(1) There is established the Educational Interpretation and Translation Services
Procurement Advisory Council to provide advice to the purchasing director regarding the
language-access needs of LEAs, students learning English, and the families of students learning
English.
(2) The advisory council shall consist of the following members:
(a) the purchasing director or the director's designee;
(b) an individual representing the state board, appointed by the state superintendent of
public instruction;
(c) the purchasing director for the state board or the director's designee;
(d) an individual representing the Division of Multicultural Affairs created in Section
9-21-201
, appointed by the executive director of the Department of Cultural and Community
Engagement; and
(e) appointed by the cochairs:
(i) one or more employees of the state board who manage or administer services or
programs for a student learning English and the student's parents;
(ii) an administrator from an LEA with a high density of students learning English;
(iii) an administrator from an LEA with a low density of students learning English;
(iv) a teacher, counselor, or other licensed LEA staff, from a school with a high density
of students learning English;
(v) a teacher, counselor, or other licensed LEA staff, from a school with a low density
of students learning English;
(vi) an individual who works to assist students learning English or minority students
navigate school and community resources, such as a refugee liaison;
(vii) an LEA procurement agent;
(viii) an individual representing a community organization that directly serves parents
and their children learning English; and
(ix) a parent who is a person learning English and also the parent of a student learning
English who is enrolled in an LEA.
(3) (a) The purchasing director and the individual representing the state board, as
described in Subsection (2)(b), shall serve as cochairs for the advisory council.
(b) Each advisory council member shall serve until a successor is duly appointed.
(4) The division shall provide staff support to facilitate the function of the council.
(5) (a) A member of the advisory council may not receive compensation or benefits for
the council member's service.
(b) An advisory council member 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 in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(6) (a) Before the commencement of each school year, the state board shall collect and
provide to the advisory council the following information for each LEA:
(i) a list of preferred languages of:
(A) students learning English; and
(B) parents and families of the students described in Subsection (6)(a)(i)(A); and
(ii) the frequency by which each language of a student learning English is preferred.
(b) Before the commencement of each school year after July 1, 2024, the state board
shall, for each LEA, collect and provide to the advisory council the list of preferred methods of
communication and frequency by which each method is preferred by parents and the parents'
children learning English.
(7) (a) Before the commencement of each school year, the advisory council shall advise
the purchasing director on:
(i) the needs of the LEAs for interpretation and translation services, as described in
Subsection (6);
(ii) the appropriate points of contact at the state board and each LEA that should
receive information regarding the availability and use of procured interpretation and translation
contracts; and
(iii) the form, manner, and content of information that is to be disseminated to the state
board, each LEA, and LEA administrators and principals, regarding the availability and use of
procured interpretation and translation contracts.
(b) The advisory council shall include in the information described in Subsection
(7)(a)(iii) the following information:
(i) a notice of available contracts;
(ii) the language and types of services offered under each contract;
(iii) the requisite procedures for accessing the services stipulated within the contracts;
(iv) a list of additional translation and interpretation materials, including posters or
flyers, provided through a contract;
(v) an opportunity to provide feedback on contracts, including contact information for
the division purchasing agent;
(vi) the estimated and actual cost to each LEA for use of interpretation and translation
services; and
(vii) the availability of alternative procurement mechanisms that are independent of the
division and available contracts.
(8) The advisory council shall report to the Education Interim Committee no later than
November 1 each year on the existing use and efficacy of all contracts.
Section 6. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) Section 
53-1-106.1
 is repealed January 1, 2022.
(2) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(3) Section 
53-2a-219
, in relation to termination of emergency powers pertaining to
COVID-19, is repealed on July 1, 2021.
(4) (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(5) Section 
53B-6-105.7
 is repealed July 1, 2024.
(6) (a) Subsection 
53B-7-705
(6)(b)(iii)(A), the language that states "Except as
provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(iii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
(7) (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as provided in
Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
(8) Section 
53B-7-707
 regarding performance metrics for technical colleges is repealed
July 1, 2023.
(9) Section 
53B-8-114
 is repealed July 1, 2024.
(10) The following sections, regarding the Regents' scholarship program, are repealed
on July 1, 2023:
(a) Section 
53B-8-202
;
(b) Section 
53B-8-203
;
(c) Section 
53B-8-204
; and
(d) Section 
53B-8-205
.
(11) Section 
53B-10-101
 is repealed on July 1, 2027.
(12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
(13) Subsection 
53E-1-201
(1)(o) regarding the report by the Educational Interpretation
and Translation Services Procurement Advisory Council is repealed July 1, 2024.
[
(13)
] 
(14)
 Section 
53E-1-202.2
, regarding a Public Education Appropriations
Subcommittee evaluation and recommendations, is repealed January 1, 2024.
[
(14)
] 
(15)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(15)
] 
(16)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(16)
] 
(17)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(17)
] 
(18)
 Section 
53F-2-209
, regarding local education agency budgetary flexibility,
is repealed July 1, 2024.
[
(18)
] 
(19)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(20)
 Section 
53F-2-302.1
, regarding the Enrollment Growth Contingency
Program, is repealed July 1, 2023.
[
(20)
] 
(21)
 Subsection 
53F-2-314
(4), relating to a one-time expenditure between the
at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
[
(21)
] 
(22)
 Section 
53F-2-418
, regarding the Supplemental Educator COVID-19
Stipend, is repealed January 1, 2022.
[
(22)
] 
(23)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(24)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(24)
] 
(25)
 Subsection 
53F-4-401
(3)(b), regarding a child enrolled or eligible for
enrollment in kindergarten, is repealed July 1, 2022.
[
(25)
] 
(26)
 In Subsection 
53F-4-404
(4)(c), the language that states "Except as provided
in Subsection (4)(d)" is repealed July 1, 2022.
[
(26)
] 
(27)
 Subsection 
53F-4-404
(4)(d) is repealed July 1, 2022.
[
(27)
] 
(28)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(28)
] 
(29)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(29)
] 
(30)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(30)
] 
(31)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(31)
] 
(32)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(6),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(32)
] 
(33)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 7. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) 
Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
Procurement Advisory Council is repealed July 1, 2025.
(2)
 Section 
63A-3-111
 is repealed June 30, 2021.
[
(2)
] 
(3)
 Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2021.
[
(3)
] 
(4)
 Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
Commission is repealed July 1, 2023.
[
(4)
] 
(5)
 Section 
63G-1-502
 is repealed July 1, 2022.
[
(5)
] 
(6)
 The following sections regarding the World War II Memorial Commission are
repealed on July 1, 2022:
(a) Section 
63G-1-801
;
(b) Section 
63G-1-802
;
(c) Section 
63G-1-803
; and
(d) Section 
63G-1-804
.
[
(6)
] 
(7)
 Section 
63H-7a-303
 is repealed July 1, 2024.
[
(7)
] 
(8)
 Subsection 
63J-1-206
(3)(c), relating to coronavirus, is repealed July 1, 2021.
[
(8)
] 
(9)
 Sections 
63M-7-213
 and 
63M-7-213.5
 are repealed on January 1, 2023.
[
(9)
] 
(10)
 Section 
63M-7-217
 is repealed on July 1, 2022.
[
(10)
] 
(11)
 Title 63N, Chapter 13, Part 3, Facilitating Public-private Partnerships Act,
is repealed January 1, 2024.
[
(11)
] 
(12)
 Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
repealed December 31, 2021.