Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 55 First Substitute (2023GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a process for a local school board or charter school governing board to follow if the board chooses to adopt or approve instructional materials for classroom use across the school district or charter school;
• requires local school boards and charter school governing boards to adopt policies to provide guidance to educators on the use of certain learning materials that have not been adopted or approved under the open process;
• requires that contracts for online or digital learning materials include a requirement for notice if the provider changes the content of the materials; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC SCHOOL INSTRUCTIONAL MATERIAL
REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Melissa G. Ballard
LONG TITLE
General Description:
This bill addresses requirements related to the approval of materials for classroom use
and certain policies.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a process for a local school board or charter school governing board to
follow if the board chooses to adopt or approve instructional materials for
classroom use across the school district or charter school;
▸ requires local school boards and charter school governing boards to adopt policies
to provide guidance to educators on the use of certain learning materials that have
not been adopted or approved under the open process;
▸ requires that contracts for online or digital learning materials include a requirement
for notice if the provider changes the content of the materials; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-4-402
, as last amended by Laws of Utah 2021, Chapters 84, 262, 324, and 345
53G-5-404
, as last amended by Laws of Utah 2021, Chapter 324
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-4-402
 is amended to read:
53G-4-402.
Powers and duties generally.
(1) A local school board shall:
(a) implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation requirements;
(b) administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results and create
plans to improve the student's progress, which shall be submitted to the state board for
approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state, and local
resources to implement remediation;
(d) for each grading period and for each course in which a student is enrolled, issue a
grade or performance report to the student:
(i) that reflects the student's work, including the student's progress based on mastery,
for the grading period; and
(ii) in accordance with the local school board's adopted grading or performance
standards and criteria;
(e) develop early warning systems for students or classes failing to make progress;
(f) work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the local districts;
(g) implement training programs for school administrators, including basic
management training, best practices in instructional methods, budget training, staff
management, managing for learning results and continuous improvement, and how to help
every child achieve optimal learning in basic academic subjects; and
(h) ensure that the local school board meets the data collection and reporting standards
described in Section 
53E-3-501
.
(2) Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under Section
53E-3-501
.
(3) (a) A local school board may purchase, sell, and make improvements on school
sites, buildings, and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the members.
(4) (a) A local school board may participate in the joint construction or operation of a
school attended by children residing within the district and children residing in other districts
either within or outside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the local school board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the state board.
(5) A local school board may establish, locate, and maintain elementary, secondary,
and applied technology schools.
(6) Except as provided in Section 
53E-3-905
, a local school board may enroll children
in school who are at least five years old before September 2 of the year in which admission is
sought.
(7) A local school board may establish and support school libraries.
(8) A local school board may collect damages for the loss, injury, or destruction of
school property.
(9) A local school board may authorize guidance and counseling services for children
and their parents before, during, or following enrollment of the children in schools.
(10) (a) A local school board shall administer and implement federal educational
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
Education Programs.
(b) Federal funds are not considered funds within the school district budget under
Chapter 7, Part 3, Budgets.
(11) (a) A local school board may organize school safety patrols and adopt policies
under which the patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
of a highway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
the program by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept private grants,
loans, gifts, endowments, devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection 
76-10-105
(2)(b).
(b) A person may not be appointed to serve as a compliance officer without the
person's consent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A local school board shall adopt bylaws and policies for the local school board's
own procedures.
(15) (a) A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b) Local school board policies shall be in writing, filed, and referenced for public
access.
(16) A local school board may hold school on legal holidays other than Sundays.
(17) (a) A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from school community councils, parents, teachers, and others
and recommend school traffic safety improvements, boundary changes to enhance safety, and
school traffic safety program measures;
(ii) review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary, middle, and junior
high school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services and
provide training to all school children in kindergarten through grade 6, within the district, on
school crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department of
Transportation under Section 
41-6a-303
.
(d) The committee may establish subcommittees as needed to assist in accomplishing
the committee's duties under Subsection (17)(c).
(18) (a) A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public schools, on
school grounds, on its school vehicles, and in connection with school-related activities or
events.
(b) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for school
districts under Chapter 11, Part 2, Miscellaneous Requirements;
(iii) require professional learning for all district and school building staff on what their
roles are in the emergency response plan;
(iv) provide for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas and activities
referred to in Subsection (18)(a); and
(v) include procedures to notify a student, to the extent practicable, who is off campus
at the time of a school violence emergency because the student is:
(A) participating in a school-related activity; or
(B) excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c) The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where appropriate, to
comply with Subsection (18)(a).
(d) A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its teachers,
administrators, students, and their parents and local law enforcement and public safety
representatives.
(19) (a) A local school board may adopt an emergency response plan for the treatment
of sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency
equipment components;
(ii) require professional learning on the emergency response plan for school personnel
who are involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured while
participating in sports events.
(d) The local school board, in collaboration with the schools referred to in Subsection
(19)(b), may review the plan each year and make revisions when required to improve or
enhance the plan.
(e) The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply with the
requirements of this Subsection (19).
(20) A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a local school
board shall:
(i) at least 120 days before approving the school closure or school boundary change,
provide notice to the following that the local school board is considering the closure or
boundary change:
(A) parents of students enrolled in the school, using the same form of communication
the local school board regularly uses to communicate with parents;
(B) parents of students enrolled in other schools within the school district that may be
affected by the closure or boundary change, using the same form of communication the local
school board regularly uses to communicate with parents; and
(C) the governing council and the mayor of the municipality in which the school is
located;
(ii) provide an opportunity for public comment on the proposed school closure or
school boundary change during at least two public local school board meetings; and
(iii) hold a public hearing as defined in Section 
10-9a-103
 and provide public notice of
the public hearing as described in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a)(iii) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) the date, time, and location of the public hearing;
(ii) at least 10 days before the public hearing, be:
(A) published[
:
]
[
(I)
] in a newspaper of general circulation in the area[
;
] and
[
(II)
] on the Utah Public Notice Website created in Section 
63A-16-601
; and
(B) posted in at least three public locations within the municipality in which the school
is located on the school district's official website, and prominently at the school; and
(iii) at least 30 days before the public hearing described in Subsection (21)(a)(iii), be
provided as described in [
Subsections (21)(a)(i)(A), (B), and (C)
] 
Subsection (21)(a)(i)
.
(22) A local school board may implement a facility energy efficiency program
established under Title 11, Chapter 44, Performance Efficiency Act.
(23) A local school board may establish or partner with a certified youth court in
accordance with Section 
80-6-902
 or establish or partner with a comparable restorative justice
program, in coordination with schools in that district. A school may refer a student to a youth
court or a comparable restorative justice program in accordance with Section 
53G-8-211
.
(24) 
(a) As used in this Subsection (24):
(i) "Learning material" means any learning material or resource used to deliver or
support a student's learning, including textbooks, reading materials, videos, digital materials,
websites, and other online applications.
(ii) (A) "Instructional material" means learning material that a local school board
adopts and approves for use within the LEA.
(B) "Instructional material" does not include learning material used in a concurrent
enrollment, advanced placement, or international baccalaureate program or class or another
class with required instructional material that is not subject to selection by the local school
board.
(iii) "Supplemental material" means learning material that:
(A) an educator selects for classroom use; and
(B) a local school board has not considered and adopted, approved, or prohibited for
classroom use within the LEA.
(b)
 A local school board shall:
[
(a)
] 
(i)
 make [
curriculum
] 
instructional material
 that the school district uses readily
accessible and available for a parent to view;
[
(b)
] 
(ii)
 annually notify a parent of a student enrolled in the school district of how to
access the information described in Subsection [
(24)(a)
] 
(24)(b)(i)
; and
[
(c)
] 
(iii)
 include on the school district's website information about how to access the
information described in Subsection [
(24)(a)
] 
(24)(b)(i)
.
(c) In selecting and approving instructional materials for use in the classroom, a local
school board shall:
(i) establish an open process, involving educators and parents of students enrolled in
the LEA, to review and recommend instructional materials for board approval; and
(ii) ensure that under the process described in Subsection (24)(c)(i), the board:
(A) before the meetings described in Subsection (24)(c)(ii)(B), posts the recommended
learning material online to allow for public review or, for copyrighted material, makes the
recommended learning material available at the LEA for public review;
(B) before adopting or approving the recommended instructional materials, holds at
least two public meetings on the recommendation that provides an opportunity for educators
whom the LEA employs and parents of students enrolled in the LEA to express views and
opinions on the recommendation; and
(C) adopts or approves the recommended instructional materials in an open and regular
board meeting.
(d) A local school board shall adopt a supplemental materials policy that provides
flexible guidance to educators on the selection of supplemental materials or resources that an
educator reviews and selects for classroom use using the educator's professional judgment,
including whether any process or permission is required before classroom use of the materials
or resources.
(e) If an LEA contracts with another party to provide online or digital materials, the
LEA shall include in the contract a requirement that the provider give notice to the LEA any
time that the provider makes a material change to the content of the online or digital materials,
excluding regular informational updates on current events.
(f) Nothing in this Subsection (24) requires a local school board to review all learning
materials used within the LEA.
Section 2. Section 
53G-5-404
 is amended to read:
53G-5-404.
Requirements for charter schools.
(1) A charter school shall be nonsectarian in its programs, admission policies,
employment practices, and operations.
(2) A charter school may not charge tuition or fees, except those fees normally charged
by other public schools.
(3) A charter school shall meet all applicable federal, state, and local health, safety, and
civil rights requirements.
(4) (a) A charter school shall:
(i) make the same annual reports required of other public schools under this public
education code, including an annual financial audit report described in Section 
53G-4-404
;
(ii) ensure that the charter school meets the data and reporting standards described in
Section 
53E-3-501
; and
(iii) use fund and program accounting methods and standardized account codes capable
of producing financial reports that comply with:
(A) generally accepted accounting principles;
(B) the financial reporting requirements applicable to LEAs established by the state
board under Section 
53E-3-501
; and
(C) accounting report standards established by the state auditor as described in Section
51-2a-301
.
(b) Before, and as a condition for opening a charter school:
(i) a charter school shall:
(A) certify to the authorizer that the charter school's accounting methods meet the
requirements described in Subsection (4)(a)(iii); or
(B) if the authorizer requires, conduct a performance demonstration to verify that the
charter school's accounting methods meet the requirements described in Subsection (4)(a)(iii);
and
(ii) the authorizer shall certify to the state board that the charter school's accounting
methods meet the requirements described in Subsection (4)(a)(iii).
(c) A charter school shall file the charter school's annual financial audit report with the
Office of the State Auditor within six months of the end of the fiscal year.
(d) For the limited purpose of compliance with federal and state law governing use of
public education funds, including restricted funds, and making annual financial audit reports
under this section, a charter school is a government entity governed by the public education
code.
(5) (a) A charter school shall be accountable to the charter school's authorizer for
performance as provided in the school's charter agreement.
(b) To measure the performance of a charter school, an authorizer may use data
contained in:
(i) the charter school's annual financial audit report;
(ii) a report submitted by the charter school as required by statute; or
(iii) a report submitted by the charter school as required by its charter agreement.
(c) A charter school authorizer may not impose performance standards, except as
permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
accomplish the purposes of charter schools as provided in Section 
53G-5-104
 or as otherwise
provided in law.
(6) A charter school may not advocate unlawful behavior.
(7) Except as provided in Section 
53G-5-305
, a charter school shall be organized and
managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
authorization.
(8) A charter school shall provide adequate liability and other appropriate insurance,
including:
(a) general liability, errors and omissions, and directors and officers liability coverage
through completion of the closure of a charter school under Section 
53G-5-504
; and
(b) tail coverage or closeout insurance covering at least one year after closure of the
charter school.
(9) Beginning on July 1, 2014, a charter school, including a charter school that has not
yet opened, shall submit any lease, lease-purchase agreement, or other contract or agreement
relating to the charter school's facilities or financing of the charter school's facilities to the
school's authorizer and an attorney for review and advice before the charter school enters the
lease, agreement, or contract.
(10) A charter school may not employ an educator whose license is suspended or
revoked by the state board under Section 
53E-6-604
.
(11) (a) Each charter school shall register and maintain the charter school's registration
as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b) A charter school that fails to comply with Subsection (11)(a) or Section 
67-1a-15
 is
subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
(c) If a charter school is an operating charter school with affiliated satellite charter
schools, as defined in Section 
53G-5-303
:
(i) the operating charter school shall register as a limited purpose entity as defined in
Section 
67-1a-15
;
(ii) each affiliated satellite charter school is not required to register separately from the
operating charter school; and
(iii) the operating charter school shall:
(A) register on behalf of each affiliated satellite charter school; and
(B) when submitting entity registry information under Section 
67-1a-15
 on behalf of
each affiliated satellite charter school, identify and distinguish registry information for each
affiliated satellite, including the address of each affiliated satellite charter school and the name
and contact information of a primary contact for each affiliated satellite charter school.
(12) (a) As used in this Subsection (12), "contracting entity" means a person with
which a charter school contracts.
(b) A charter school shall provide to the charter school's authorizer any information or
documents requested by the authorizer, including documents held by a subsidiary of the charter
school or a contracting entity:
(i) to confirm the charter school's compliance with state or federal law governing the
charter school's finances or governance; or
(ii) to carry out the authorizer's statutory obligations, including liquidation and
assignment of assets, and payment of debt in accordance with state board rule, as described in
Section 
53G-5-504
.
(c) A charter school shall comply with a request described in Subsection (12)(b),
including after an authorizer recommends closure of the charter school or terminates the charter
school's contract.
(d) Documents held by a contracting entity or subsidiary of a charter school that are
necessary to demonstrate the charter school's compliance with state or federal law are the
property of the charter school.
(e) A charter school shall include in an agreement with a subsidiary of the charter
school or a contracting entity a provision that stipulates that documents held by the subsidiary
or a contracting entity, that are necessary to demonstrate the charter school's financial
compliance with federal or state law, are the property of the charter school.
(13) For each grading period and for each course in which a student is enrolled, a
charter school shall issue a grade or performance report to the student:
(a) that reflects the student's work, including the student's progress based on mastery,
for the grading period; and
(b) in accordance with the charter school's adopted grading or performance standards
and criteria.
(14) 
(a) As used in this Subsection (14):
(i) "Learning material" means any learning material or resource used to deliver or
support a student's learning, including textbooks, reading materials, videos, digital materials,
websites, and other online applications.
(ii) (A) "Instructional material" means learning material that a charter school governing
board adopts and approves for use within the charter school.
(B) "Instructional material" does not include learning material used in a concurrent
enrollment, advanced placement, or international baccalaureate program or class or another
class with required instructional material that is not subject to selection by the charter school
governing board.
(iii) "Supplemental material" means learning material that:
(A) an educator selects for classroom use; and
(B) a charter school governing board has not considered and adopted, approved, or
prohibited for classroom use within the charter school.
(b)
 A charter school shall:
[
(a)
] 
(i)
 make [
curriculum
] 
instructional material
 that the charter school uses readily
accessible and available for a parent to view;
[
(b)
] 
(ii)
 annually notify a parent of a student enrolled in the charter school of how to
access the information described in Subsection [
(14)(a)
] 
(14)(b)(i)
; and
[
(c)
] 
(iii)
 include on the charter school's website information about how to access the
information described in Subsection [
(14)(a)
] 
(14)(b)(i)
.
(c) In selecting and approving instructional materials for use in the classroom, a charter
school governing board shall:
(i) establish an open process, involving educators and parents of students enrolled in
the charter school, to review and recommend instructional materials for board approval; and
(ii) ensure that under the process described in Subsection (14)(c)(i), the charter school
governing board:
(A) before the public meetings described in Subsection (14)(c)(ii)(B), posts the
recommended learning materials online to allow for public review or, for copyrighted material,
makes the recommended learning material available at the charter school for public review;
(B) before adopting or approving the recommended instructional materials, holds at
least two public meetings on the recommendation that provide an opportunity for educators
whom the charter school employs and parents of students enrolled in the charter school to
express views and opinions on the recommendation; and
(C) adopts or approves the recommended instructional materials in an open and regular
board meeting.
(d) A charter school governing board shall adopt a supplemental materials policy that
provides flexible guidance to educators on the selection of supplemental materials or resources
that an educator reviews and selects for classroom use using the educator's professional
judgment, including whether any process or permission is required before classroom use of the
materials or resources.
(e) If a charter school contracts with another party to provide online or digital
materials, the charter school shall include in the contract a requirement that the provider give
notice to the charter school any time that the provider makes a material change to the content of
the online or digital materials, excluding regular informational updates on current events.
(f) Nothing in this Subsection (14) requires a charter school governing board to review
all learning materials used within the charter school.