Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 257 First Substitute (2023GS)

Sponsor

Sen. Grover, K.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends State Board of Education (state board) establishment of minimum standards for public schools;
• requires the state board to require local education agencies (LEAs) to issue high school diplomas to students who:
• receive an associate's degree with certain minimum credit hours earned; and
• receive an industry certificate with certain minimum hours;
• exempts schools with an assessment opt out rate exceeding 50% from the school accountability system under certain conditions;
• amends definitions;
• amends a provision regarding background checks for private school employees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE BOARD OF EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor: 
Nelson T. Abbott
LONG TITLE
General Description:
This bill amends and enacts provisions related to the general control and supervision of
the State Board of Education over the public education system.
Highlighted Provisions:
This bill:
▸ amends State Board of Education (state board) establishment of minimum standards
for public schools;
▸ requires the state board to require local education agencies (LEAs) to issue high
school diplomas to students who:
• receive an associate's degree with certain minimum credit hours earned; and
• receive an industry certificate with certain minimum hours;
▸ exempts schools with an assessment opt out rate exceeding 50% from the school
accountability system under certain conditions;
▸ amends definitions;
▸ amends a provision regarding background checks for private school employees; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-501
, as last amended by Laws of Utah 2021, Chapter 308
53E-4-204
, as last amended by Laws of Utah 2019, Chapters 186, 226
53E-5-203
, as last amended by Laws of Utah 2019, Chapter 186
53G-7-901
, as last amended by Laws of Utah 2020, Chapter 374
53G-9-801
, as last amended by Laws of Utah 2020, Chapter 408
53G-11-402
, as last amended by Laws of Utah 2020, Chapters 285, 374
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-3-501
 is amended to read:
53E-3-501.
State board to establish miscellaneous minimum standards for public
schools.
(1) The state board shall establish rules and minimum standards for the public schools
that are consistent with this public education code, including rules and minimum standards
governing the following:
(a) (i) the qualification and certification of educators and ancillary personnel who
provide direct student services;
(ii) required school administrative and supervisory services; and
(iii) the evaluation of instructional personnel;
(b) (i) access to programs;
(ii) attendance;
(iii) competency levels;
(iv) graduation requirements; and
(v) discipline and control;
(c) (i) school accreditation;
(ii) the academic year;
(iii) alternative and pilot programs;
(iv) curriculum and instruction requirements; 
and
(v) school libraries; [
and
]
[
(vi)
] 
(d)
 services to:
[
(A)
] 
(i)
 persons with a disability as defined by and covered under:
[
(I)
] 
(A)
 the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;
[
(II)
] 
(B)
 the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and
[
(III)
] 
(C)
 the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and
[
(B)
] 
(ii)
 other special groups;
[
(d)
] 
(e)
 (i) state reimbursed bus routes;
(ii) bus safety and operational requirements; and
(iii) other transportation needs;
[
(e)
] 
(f)
 (i) school productivity and cost effectiveness measures;
(ii) federal programs;
(iii) school budget formats; and
(iv) financial, statistical, and student accounting requirements; and
[
(f)
] 
(g)
 data collection and reporting by LEAs.
(2) [
The
] 
Except as provided in Subsection (3), the
 state board shall determine if:
(a) the minimum standards have been met; and
(b) required reports are properly submitted.
(3) When the state board makes a request of an LEA under Subsection (1)(f) or (g), the
state board shall include:
(a) the justification for the requested information;
(b) a statement confirming that the information is not available elsewhere;
(c) a deadline by which the LEA must provide the information in accordance with state
board rule; and
(d) penalties, including withholding of funds, for non-compliance in accordance with
state and federal law.
[
(3)
] 
(4)
 The state board may apply for, receive, administer, and distribute to eligible
applicants funds made available through programs of the federal government.
[
(4)
] 
(5)
 (a) A technical college listed in Section 
53B-2a-105
 shall provide
competency-based career and technical education courses that fulfill high school graduation
requirements, as requested and authorized by the state board.
(b) A school district may grant a high school diploma to a student participating in a
course described in Subsection [
(4)(a)
] 
(5)(a)
 that is provided by a technical college listed in
Section 
53B-2a-105
.
[
(5)
] 
(6)
 (a) As used in this Subsection [
(5)
] 
(6)
, "generally accepted accounting
principles" means a common framework of accounting rules and standards for financial
reporting promulgated by the Governmental Accounting Standards Board.
(b) Subject to Subsections [
(5)(c)
] 
(6)(c)
 and (d), the state board shall ensure [
that
] the
rules and standards described in Subsections [
(1)(e) and (f)
] 
(1)(f) and (g)
 allow for an LEA to
make adjustments to the LEA's general entry ledger, in accordance with generally accepted
accounting principles, to accurately reflect the LEA's use of funds for allowable costs and
activities:
(i) during a fiscal year; and
(ii) at the close of a fiscal year.
(c) If the state board determines under Subsection (2) that an LEA has not met the
minimum standards described in Subsection [
(1)(e) or (f)
] 
(1)(f) or (g)
 or has not properly
submitted a required report, the state board shall allow the LEA an opportunity to cure the
relevant defect through an adjustment described in Subsection [
(5)(b).
] 
(6)(b).
(d) An LEA may not, in an adjustment described in Subsection [
(5)(b),
] 
(6)(b),
 reflect
the use of restricted federal or state funds for a cost or activity that is not an allowable cost or
activity for the restricted funds.
Section 2. Section 
53E-4-204
 is amended to read:
53E-4-204.
Standards and graduation requirements.
(1) The state board shall establish rigorous core standards for Utah public schools and
graduation requirements under Section 
53E-3-501
 for grades 9 through 12 that:
(a) are consistent with state law and federal regulations;
(b) use competency-based standards and assessments;
(c) include instruction that stresses general financial literacy from basic budgeting to
financial investments, including bankruptcy education and a general financial literacy test-out
option; and
(d) include graduation requirements in language arts, mathematics, and science that
exceed 3.0 units in language arts, 2.0 units in mathematics, and 2.0 units in science.
(2) The state board shall establish competency-based standards and assessments for
elective courses.
(3) The state board shall study requiring all LEAs to issue a high school diploma to
students who receive:
(a) an associate's degree with at least 60 credit hours from an accredited post-secondary
institution; or
(b) an industry certification with at least 500 hours of instruction from a business, trade
association, or other industry group in accordance with Section 
53E-3-501
.
Section 3. Section 
53E-5-203
 is amended to read:
53E-5-203.
Schools included in school accountability system -- Other indicators
and point distribution for a school that serves a special student population.
(1) Except as provided in Subsection (2), the state board shall include all public
schools in the state in the school accountability system established under this part.
(2) The state board shall exempt from the school accountability system:
(a) a school in which the number of students tested on a statewide assessment 
for
accountability
 is lower than the minimum sample size necessary, based on acceptable
professional practice for statistical reliability, or when release of the information would violate
20 U.S.C. Sec. 1232h, the prevention of the unlawful release of personally identifiable student
data;
(b) if the United States Department of Education approves the state's application for a
waiver of federal accountability requirements, a school with an opt out rate on statewide
assessments for accountability that exceeds 50%;
[
(b)
] 
(c)
 a school in the school's first year of operations if the school's local school
board or charter school governing board requests the exemption; or
[
(c)
] 
(d)
 a high school in the school's second year of operations if the school's local
school board or charter school governing board requests the exemption.
(3) Notwithstanding the provisions of this part, the state board may use[
,
] to
appropriately assess the educational impact of a school that serves a special student population:
(a) other indicators in addition to the indicators described in Section 
53E-5-205
 or
53E-5-206
; or
(b) different point distribution than the point distribution described in Section
53E-5-207
.
Section 4. Section 
53G-7-901
 is amended to read:
53G-7-901.
Definitions.
As used in this part:
(1) "Cooperating employer" means a public or private entity which, as part of a work
experience [
and
] 
or
 career exploration program offered through a school, provides interns with
educational resources,
 training
,
 and work experience in activities related to the entity's ongoing
business activities.
(2) "Intern" means a student enrolled in a school-sponsored work experience and career
exploration program under Section 
53G-7-902
 involving both classroom instruction and work
experience with a cooperating employer, for which the student receives no compensation.
(3) "Internship" means the work experience segment of an intern's school-sponsored
work experience and career exploration program, performed under the direct supervision of a
cooperating employer.
(4) "Internship safety agreement" means the agreement between a public or private
school and a cooperating employer in accordance with Section 
53G-7-904
.
(5) "Private school" means a school serving any of grades 7 through 12 which is not
part of the public education system.
(6) "Public school" means:
(a) a public school district;
(b) an applied technology center or applied technology service region;
(c) the Schools for the Deaf and the Blind; or
(d) other components of the public education system authorized by the state board to
offer internships.
Section 5. 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)
] 
53E-3-501
(1)(c)
, 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 6. Section 
53G-11-402
 is amended to read:
53G-11-402.
Background checks for non-licensed employees, contract employees,
volunteers, and charter school governing board members.
(1) An LEA or qualifying private school shall:
(a) require [
each of
] the following individuals who [
is
] 
are
years old or older to
submit to a nationwide criminal background check and ongoing monitoring as a condition [
for
]
of
 employment or appointment:
(i) a non-licensed employee;
(ii) a contract employee;
(iii) except for an officer or employee of a cooperating employer under an internship
safety agreement under Section 
53G-7-904
, a volunteer who will be given significant
unsupervised access to a student in connection with the volunteer's assignment; and
(iv) a charter school governing board member;
(b) collect the following from an individual required to submit to a background check
under Subsection (1)(a):
(i) personal identifying information;
(ii) subject to Subsection (2), a fee described in Subsection 
53-10-108
(15); and
(iii) consent, on a form specified by the LEA or qualifying private school, for:
(A) an initial fingerprint-based background check by the FBI and the bureau upon
submission of the application; and
(B) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53G-11-404
;
(c) submit the individual's personal identifying information to the bureau for:
(i) an initial fingerprint-based background check by the FBI and the bureau; and
(ii) ongoing monitoring through registration with the systems described in Section
53G-11-404
 if the results of the initial background check do not contain disqualifying criminal
history information as determined by the LEA or qualifying private school in accordance with
Section 
53G-11-405
; and
(d) identify the appropriate privacy risk mitigation strategy [
that will
] 
to
 be used to
ensure [
that
] the LEA or qualifying private school only receives notifications for individuals
with whom the LEA or qualifying private school maintains an authorizing relationship.
(2) An LEA or qualifying private school may not require an individual to pay the fee
described in Subsection (1)(b)(ii) unless the individual:
(a) has passed an initial review; and
(b) is one of a pool of no more than five candidates for the position.
[
(3) By September 1, 2018, an LEA or qualifying private school shall:
]
[
(a) collect the information described in Subsection (1)(b) from individuals:
]
[
(i) who were employed or appointed prior to July 1, 2015; and
]
[
(ii) with whom the LEA or qualifying private school currently maintains an
authorizing relationship; and
]
[
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53G-11-404
.
]
[
(4)
] 
(3)
 An LEA or qualifying private school that receives criminal history
information about a licensed educator under Subsection 
53G-11-403
(5) shall assess the
employment status of the licensed educator as provided in Section 
53G-11-405
.
[
(5)
] 
(4)
 An LEA or qualifying private school may establish a policy to exempt an
individual described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under
Subsection (1) if the individual is being temporarily employed or appointed.