Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 82 First Substitute (2024GS)

Sponsor

Rep. Pierucci, C.

Final action

House/ enrolled bill to Printing 3/14/2024

Outcome

House/ enrolled bill to Printing

Summary

What it does

• This bill:
• amends certain provisions of the education code, including:
• defining terms;
• amending certain reporting requirements;
• amending certain school fee requirements;
• consolidating student data advisory groups;
• providing for parent seminars to be held on Saturday and virtually;
• providing rulemaking authority for educator licensing complaints; and
• clarifying existing code; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC EDUCATION PROGRAM MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
John D. Johnson
LONG TITLE
Committee Note:
The Education Interim Committee recommended this bill.
Legislative Vote: 9 voting for 5 voting against 6 absent
General Description:
This bill amends and makes technical and conforming changes to certain provisions of
the Utah Code regarding public education.
Highlighted Provisions:
This bill:
▸ amends certain provisions of the education code, including:
• defining terms;
• amending certain reporting requirements;
• amending certain school fee requirements;
• consolidating student data advisory groups;
• providing for parent seminars to be held on Saturday and virtually;
• providing rulemaking authority for educator licensing complaints; and
• clarifying existing code; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53D-2-203
, as enacted by Laws of Utah 2018, Chapter 448
53E-1-203
, as last amended by Laws of Utah 2022, Chapters 36, 218
53E-3-503
, as last amended by Laws of Utah 2023, Chapter 328
53E-3-516
, as last amended by Laws of Utah 2023, Chapters 115, 161
53E-4-314
, as last amended by Laws of Utah 2022, Chapter 316
53E-6-102
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-506
, as last amended by Laws of Utah 2022, Chapter 250
53E-6-604
, as last amended by Laws of Utah 2020, Chapter 327
53E-9-302
, as last amended by Laws of Utah 2023, Chapter 381
53F-2-208
, as last amended by Laws of Utah 2023, Chapters 129, 161 and 356
53F-2-410
, as repealed and reenacted by Laws of Utah 2023, Chapter 161 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 98
53F-4-304
, as last amended by Laws of Utah 2020, Chapter 408
53G-6-210
, as renumbered and amended by Laws of Utah 2021, Chapter 261
53G-7-501
, as last amended by Laws of Utah 2020, Chapter 51
53G-7-1206
, as last amended by Laws of Utah 2021, Chapter 144
53G-8-403
, as last amended by Laws of Utah 2023, Chapter 161
53G-8-405
, as last amended by Laws of Utah 2021, Chapter 262
53G-9-703
, as last amended by Laws of Utah 2019, Chapters 293, 324 and 446
53G-10-402
, as last amended by Laws of Utah 2020, Chapters 354, 408
53G-10-403
, as last amended by Laws of Utah 2019, Chapter 293
63I-1-253
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 30,
52, 133, 161, 367, and 494
63I-1-253
 (Eff 07/01/24) (Cont Sup 01/01/25)
, as last amended by Laws of Utah 2023,
Chapters 30, 52, 133, 161, 310, 367, and 494
63I-1-253
 (Contingently Effective 01/01/25)
, as last amended by Laws of Utah 2023,
Chapters 30, 52, 133, 161, 187, 310, 367, and 494
80-6-103
, as last amended by Laws of Utah 2023, Chapter 161
80-6-104
, as enacted by Laws of Utah 2023, Chapter 161
RENUMBERS AND AMENDS:
53G-6-808
, (Renumbered from 53G-10-205, as last amended by Laws of Utah 2023,
Chapter 412)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53D-2-203
 is amended to read:
53D-2-203.
Land Trusts Protection and Advocacy Office director -- Appointment
-- Removal -- Power and duties.
(1) (a) The advocacy committee shall:
(i) discuss candidates who may qualify for appointment as the advocacy director, as
described in Subsection (1)(b);
(ii) determine the two most qualified candidates; and
(iii) submit the names of those two candidates to the state treasurer as potential
appointees for the advocacy director.
(b) A potential appointee for advocacy director shall have significant expertise and
qualifications relating to generating revenue to the school and institutional trust and the duties
of the advocacy office and the advocacy director, which may include expertise in:
(i) business;
(ii) finance;
(iii) economics;
(iv) natural resources; or
(v) advocacy.
(c) From the individuals described in Subsection (1)(a), the state treasurer shall appoint
one as the advocacy director.
(2) (a) An advocacy director shall serve a four-year term.
(b) If a vacancy occurs in the advocacy director's position, the advocacy committee and
state treasurer shall, in accordance with Subsection (1), appoint a replacement director for a
four-year term.
(3) The advocacy committee may remove the advocacy director during a meeting that
is not closed as described in Section 
52-4-204
, if:
(a) removal of the advocacy director is scheduled on the agenda for the meeting; and
(b) a majority of a committee quorum votes to remove the advocacy director.
(4) In accordance with state and federal law, the advocacy director may attend a
presentation, discussion, meeting, or other gathering related to the school and institutional trust.
(5) In order to fulfill the duties of the advocacy office described in Section 
53D-2-201
,
the advocacy director shall:
(a) maintain a direct relationship with each individual who is key to fulfilling the state's
trustee obligations and duties related to the trust;
(b) facilitate open communication among key individuals described in Subsection
(5)(a);
(c) actively seek necessary and accurate information;
(d) review and, if necessary, recommend the state auditor audit, activities involved in:
(i) generating trust revenue;
(ii) protecting trust assets; or
(iii) distributing funds for the exclusive use of trust beneficiaries;
(e) promote accurate record keeping of all records relevant to the trust and distribution
to trust beneficiaries;
(f) report at least quarterly to the advocacy committee and the state treasurer on the
current activities of the advocacy office;
(g) annually submit a proposed advocacy office budget to the state treasurer;
(h) regarding the trust's compliance with law, and among the School and Institutional
Trust Lands System as a whole, report annually to:
(i) the advocacy committee;
(ii) the state treasurer;
(iii) the State Board of Education; and
(iv) the Executive Appropriations Committee;
(i) annually send a financial report regarding the relevant individual trust, and, upon
request, report in person to:
(i) Utah State University, on behalf of the agricultural college trust;
(ii) the University of Utah;
(iii) the Utah State Hospital, on behalf of the mental hospital trust;
(iv) the Utah Schools for the Deaf and the Blind, on behalf of the [
institution
] 
schools
for the 
deaf and
 blind [
trust and the deaf and dumb asylum trust
] 
trusts
;
(v) the youth in [
custody
] 
care
 program at the State Board of Education, on behalf of
the reform school trust;
(vi) the Division of Water Resources, created in Section 
73-10-18
, on behalf of the
reservoir trust;
(vii) the College of Mines and Earth Sciences created in Section 
53B-17-401
;
(viii) each state teachers' college, based on the college's annual number of teacher
graduates, on behalf of the normal school trust;
(ix) the Miners' Hospital described in Section 
53B-17-201
; and
(x) the State Capitol Preservation Board, created in Section 
63C-9-201
, on behalf of
the public buildings trust;
(j) as requested by the state treasurer, draft proposed rules and submit the proposed
rules to the advocacy committee for review;
(k) in accordance with state and federal law, respond to external requests for
information about the School and Institutional Trust Lands System;
(l) in accordance with state and federal law, speak on behalf of trust beneficiaries:
(i) at School and Institutional Trust Lands Administration meetings;
(ii) at School and Institutional Trust Fund Office meetings; and
(iii) with the media;
(m) review proposed legislation that affects the school and institutional trust and trust
beneficiaries and advocate for legislative change that best serves the interests of the trust
beneficiaries; and
(n) educate the public regarding the School and Institutional Trust Lands System.
(6) With regard to reviewing the activities described in Subsection (5)(d), the advocacy
director may have access to the financial reports and other data required for a review.
Section 2. Section 
53E-1-203
 is amended to read:
53E-1-203.
State Superintendent's Annual Report.
(1) The state board shall prepare and submit to the governor, the Education Interim
Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
year, an annual written report known as the State Superintendent's Annual Report that includes:
(a) the operations, activities, programs, and services of the state board;
(b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
(c) data on the general condition of the schools with recommendations considered
desirable for specific programs, including:
(i) a complete statement of fund balances;
(ii) a complete statement of revenues by fund and source;
(iii) a complete statement of adjusted expenditures by fund, the status of bonded
indebtedness, the cost of new school plants, and school levies;
(iv) a complete statement of state funds allocated to each school district and charter
school by source, including supplemental appropriations, and a complete statement of
expenditures by each school district and charter school, including supplemental appropriations,
by function and object as outlined in the United States Department of Education publication
"Financial Accounting for Local and State School Systems";
(v) a statement that includes data on:
(A) fall enrollments;
(B) average membership;
(C) high school graduates;
(D) licensed and classified employees, including data reported by school districts on
educator ratings described in Section 
53G-11-511
;
(E) pupil-teacher ratios;
(F) average class sizes;
(G) average salaries;
(H) applicable private school data; and
(I) data from statewide assessments described in Section 
53E-4-301
 for each school
and school district;
(vi) statistical information for each school district and charter school regarding:
(A) student attendance by grade level;
(B) the percentage of students chronically absent;
(C) the percentage of student excused absences; and
(D) the percentage of student unexcused absences;
[
(vi)
] 
(vii)
 statistical information regarding incidents of delinquent activity in the
schools
,
 [
or
] at school-related activities
, on school buses, and at school bus stops
; and
[
(vii)
] 
(viii)
 other statistical and financial information about the school system that the
state superintendent considers pertinent.
(2) (a) For the purposes of Subsection (1)(c)(v):
(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
students enrolled in a school by the number of full-time equivalent teachers assigned to the
school, including regular classroom teachers, school-based specialists, and special education
teachers;
(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
the schools within a school district;
(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
pupil-teacher ratio of charter schools in the state; and
(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
pupil-teacher ratio of public schools in the state.
(b) The report shall:
(i) include the pupil-teacher ratio for:
(A) each school district;
(B) the charter schools aggregated; and
(C) the state's public schools aggregated; and
(ii) identify a website where pupil-teacher ratios for each school in the state may be
accessed.
(3) For each operation, activity, program, or service provided by the state board, the
annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the state board to measure progress, performance,
effectiveness, and scope of the operation, activity, program, or service, including summary
data; and
(ii) that are consistent and comparable for each state operation, activity, program, or
service;
(c) budget data, including the amount and source of funding, expenses, and allocation
of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under
Subsections (3)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or
service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation,
activity, program, or service; and
(h) other information determined by the state board that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or
service with the public and elected officials.
(4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
(i) the report described in Section 
53E-3-507
 by the state board on career and technical
education needs and program access;
(ii) the report described in Section 
53E-3-515
 by the state board on the Hospitality and
Tourism Management Career and Technical Education Pilot Program;
(iii) [
beginning on July 1, 2023,
] the report described in Section 
53E-3-516
 by the state
board on certain incidents that occur on school grounds;
(iv) the report described in Section 
53E-4-202
 by the state board on the development
and implementation of the core standards for Utah public schools;
(v) the report described in Section 
53E-5-310
 by the state board on school turnaround
and leadership development;
(vi) the report described in Section 
53E-10-308
 by the state board and Utah Board of
Higher Education on student participation in the concurrent enrollment program;
(vii) the report described in Section 
53F-5-207
 by the state board on the
Intergenerational Poverty Interventions Grant Program;
(viii) the report described in Section 
53F-5-506
 by the state board on information
related to personalized, competency-based learning; and
(ix) the report described in Section 
53G-9-802
 by the state board on dropout prevention
and recovery services.
(b) The Education Interim Committee or the Public Education Appropriations
Subcommittee may request a report described in Subsection (4)(a) to be reported separately
from the State Superintendent's Annual Report.
(5) The annual report shall be designed to provide clear, accurate, and accessible
information to the public, the governor, and the Legislature.
(6) The state board shall:
(a) submit the annual report in accordance with Section 
68-3-14
; and
(b) make the annual report, and previous annual reports, accessible to the public by
placing a link to the reports on the state board's website.
(7) (a) Upon request of the Education Interim Committee or Public Education
Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
Report to either committee.
(b) After submitting the State Superintendent's Annual Report in accordance with this
section, the state board may supplement the report at a later time with updated data,
information, or other materials as necessary or upon request by the governor, the Education
Interim Committee, or the Public Education Appropriations Subcommittee.
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 Health and 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:
(i) 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); and
(ii) expend funds appropriated for the education of youth in [
custody
] 
care
 in the
following order of priority:
(A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
an LEA's average daily membership; and
(B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
LEA's average daily membership and who may benefit from additional educational support
services.
(c) Subject to future budget constraints, the amount appropriated for the education of
youth in [
custody
] 
care
 under this section shall increase annually based on the following:
(i) the percentage of enrollment growth of students in kindergarten through grade 12;
and
(ii) changes to the value of the weighted pupil unit as defined in Section 
53F-4-301
.
(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
]
care
.
(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
] 
care
 or who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Juvenile Justice and Youth Services and
Child and Family Services;
(b) the Office of Substance Use and Mental Health; and
(c) the Division of Services for People with Disabilities.
(5) (a) The Department of Health and 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 and Youth Services and the Division of Child and Family Services.
(b) The Department of Health and Human Services and the state board may appoint
similar councils for those in the custody of the Office of Substance Use 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-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking
authority.
(1) As used in this section:
(a) "Dangerous weapon" means the same as that term is defined in Section 
53G-8-510
.
(b) "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.
(c) "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(d) "Minor" means the same as that term is defined in Section 
80-1-102
.
(e) "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.
(f) "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.
(g) (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.
(h) " School resource officer" or "SRO" means the same as that term is defined in
Section 
53G-8-701
.
(2) [
Beginning on July 1, 2023, the
] 
The
 state board 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;
(c) disciplinary actions; and
(d) minors found in possession of a dangerous weapon.
(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
the state board and LEAs to provide and validate data and information necessary to complete
the report described in Subsection (2), as requested by an LEA or the state board.
(4) The report described in Subsection (2) shall include the following information
listed separately for each LEA:
(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;
(iii) the number of suspensions imposed;
(iv) the average length of suspensions;
(v) the number of days of instruction lost due to suspensions; and
(vi) the number of expulsions;
(d) the number of SROs employed;
(e) if applicable, the demographics of an individual who is subject to, as the following
are defined in Section 
53G-9-601
, bullying, hazing, cyber-bullying, or retaliation; and
(f) the number of minors found in possession of a dangerous weapon on school
grounds while school is in session or during a school-sponsored activity.
(5) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (4)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; [
and
]
(e) disability status[
.
]
; and
(f) youth in care designation.
(6) 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.
(7) 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).
(8) 
(a)
 The state board shall provide the report described in Subsection (2):
[
(a)
] 
(i)
 in accordance with Section 
53E-1-203
 for incidents that occurred during the
previous school year; and
[
(b)
] 
(ii)
 to the State Commission on Criminal and Juvenile Justice before [
July 1
]
January 15
 of each year for incidents that occurred during the previous school year.
(b) After submitting the report in accordance with this section, the state board shall
supplement the report to the State Commission on Criminal and Juvenile Justice with updated
data and information within 30 days after the day on which the state board receives the updated
data and information.
Section 5. Section 
53E-4-314
 is amended to read:
53E-4-314.
School readiness assessment.
(1) As used in this section:
(a) "School readiness assessment" means a preschool entry and exit profile that
measures literacy, numeracy, and lifelong learning practices developed in a student.
(b) "School readiness program" means a preschool program:
(i) in which a student participates in the year before the student is expected to enroll in
kindergarten; and
(ii) that receives funding under Title 35A, Chapter 15, Preschool Programs.
(2) The state board shall develop a school readiness assessment [
that aligns with the
kindergarten entry and exit assessment described in Section 
53G-7-203
].
(3) A school readiness program shall:
(a) except as provided in Subsection (4), administer to each student who participates in
the school readiness program the school readiness assessment at the beginning and end of the
student's participation in the school readiness program; and
(b) report the results of the assessments described in Subsection (3)(a) or (4) to the
School Readiness Board created in Section 
35A-15-201
.
(4) In place of the assessments described in Subsection (3)(a), a school readiness
program that is offered through home-based technology may administer to each student who
participates in the school readiness program:
(a) a validated computer adaptive pre-assessment at the beginning of the student's
participation in the school readiness program; and
(b) a validated computer adaptive post-assessment at the end of the student's
participation in the school readiness program.
(5) (a) The following may submit school readiness assessment data to the School
Readiness Board created in Section 
35A-15-201
:
(i) a private child care provider; or
(ii) an LEA on behalf of a school that is not participating in the High Quality School
Readiness Grant Program described in Section 
35A-15-301
.
(b) If a private child care provider or LEA submits school readiness assessment data to
the School Readiness Board under Subsection (5)(a), the state board shall include the school
readiness assessment data in the report described in Subsection 
35A-15-303
(5).
Section 6. Section 
53E-6-102
 is amended to read:
53E-6-102.
Definitions.
As used in this chapter:
(1) "Certificate" means a license issued by a governmental jurisdiction outside the
state.
(2) "Educator" means:
(a) a person who holds a license;
(b) a teacher, counselor, administrator, librarian, or other person required, under rules
of the state board, to hold a license; or
(c) a person who is the subject of an allegation which has been received by 
an LEA, 
the
state board
,
 or UPPAC and was, at the time noted in the allegation, a license holder or a person
employed in a position requiring licensure.
(3) "License" means an authorization issued by the state board that permits the holder
to serve in a professional capacity in the public schools.
(4) "National Board certification" means a current certificate issued by the National
Board for Professional Teaching Standards.
(5) "School" means a public or private entity that provides educational services to a
minor child.
(6) "UPPAC" means the Utah Professional Practices Advisory Commission.
Section 7. Section 
53E-6-506
 is amended to read:
53E-6-506.
UPPAC duties and procedures.
(1) The state board may direct UPPAC to review a complaint about an educator and
recommend that the state board:
(a) dismiss the complaint; or
(b) investigate the complaint in accordance with this section.
(2) (a) The state board may direct UPPAC to:
(i) in accordance with this section, investigate a complaint's allegation or decision; or
(ii) hold a hearing.
(b) UPPAC may initiate a hearing as part of an investigation.
(c) Upon completion of an investigation or hearing, UPPAC shall:
(i) provide findings to the state board; and
(ii) make a recommendation for state board action.
(d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to
adversely affect an educator's license unless UPPAC gives the educator an opportunity for a
hearing.
(3) (a) The state board may:
(i) select an independent investigator to conduct a UPPAC investigation with UPPAC
oversight; or
(ii) authorize UPPAC to select and oversee an independent investigator to conduct an
investigation.
(b) In conducting an investigation, UPPAC or an independent investigator shall
conduct the investigation independent of and separate from a related criminal investigation.
(c) In conducting an investigation, UPPAC or an independent investigator may:
(i) in accordance with Section 
53E-6-606
 administer oaths and issue subpoenas; or
(ii) receive evidence related to an alleged offense, including sealed or expunged
records released to the state board under Section 
77-40a-403
.
(d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may
recommend that the state board initiate a background check on an educator as described in
Section 
53G-11-403
.
(e) UPPAC has a rebuttable presumption that an educator committed a sexual offense
against a minor child if the educator voluntarily surrendered a license or certificate or allowed a
license or certificate to lapse in the face of a charge of having committed a sexual offense
against a minor child.
(4) The state board may direct UPPAC to:
(a) recommend to the state board procedures for:
(i) receiving and processing complaints;
(ii) investigating a complaint's allegation or decision;
(iii) conducting hearings; or
(iv) reporting findings and making recommendations to the state board for state board
action;
(b) recommend to the state board or a professional organization of educators:
(i) standards of professional performance, competence, and ethical conduct for
educators; or
(ii) suggestions for improvement of the education profession; or
(c) fulfill other duties the state board finds appropriate.
(5) UPPAC may not participate as a party in a dispute relating to negotiations between:
(a) a school district and the school district's educators; or
(b) a charter school and the charter school's educators.
(6) The state board shall make rules [
establishing
]
, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to establish
 UPPAC duties and procedures.
Section 8. Section 
53E-6-604
 is amended to read:
53E-6-604.
State board disciplinary action against an educator.
(1) (a) The state board shall direct UPPAC to investigate an allegation, administrative
decision, or judicial decision that evidences an educator is unfit for duty because the educator
exhibited behavior that:
(i) is immoral, unprofessional, or incompetent; or
(ii) violates standards of ethical conduct, performance, or professional competence.
(b) If the state board determines an allegation or decision described in Subsection
(1)(a) does not evidence an educator's unfitness for duty, the state board may dismiss the
allegation or decision without an investigation or hearing.
(2) The state board shall direct UPPAC to investigate and allow an educator to respond
in a UPPAC hearing if the state board receives an allegation that the educator:
(a) was charged with a felony of a sexual nature;
(b) was convicted of a felony of a sexual nature;
(c) pled guilty to a felony of a sexual nature;
(d) entered a plea of no contest to a felony of a sexual nature;
(e) entered a plea in abeyance to a felony of a sexual nature;
(f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
Offenses, against a minor child;
(g) engaged in sexually explicit conduct, as defined in Section 
76-5b-103
, with a
student who is a minor; or
(h) engaged in sexually explicit conduct, as defined in Section 
76-5b-103
, with a
student who:
(i) is not enrolled in an adult education program in an LEA;
(ii) is not a minor; and
(iii) (A) is enrolled in an LEA where the educator is employed; or
(B) is a participant in an extracurricular program in which the educator is involved.
(3) Upon notice that an educator allegedly violated Section 
53E-6-701
, the state board
shall direct UPPAC to:
(a) investigate the alleged violation; and
(b) hold a hearing to allow the educator to respond to the allegation.
(4) Upon completion of an investigation or hearing described in this section, UPPAC
shall:
(a) provide findings to the state board; and
(b) make a recommendation for state board action.
(5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and
recommendation, the state board may:
(i) revoke the educator's license;
(ii) suspend the educator's license;
(iii) restrict or prohibit the educator from renewing the educator's license;
(iv) warn or reprimand the educator;
(v) enter into a written agreement with the educator that requires the educator to
comply with certain conditions;
(vi) direct UPPAC to further investigate or gather information; or
(vii) take other action the state board finds to be appropriate for and consistent with the
educator's behavior.
(b) Upon review of UPPAC's findings and recommendation, the state board shall
revoke the license of an educator who:
(i) was convicted of a felony of a sexual nature;
(ii) pled guilty to a felony of a sexual nature;
(iii) entered a plea of no contest to a felony of a sexual nature;
(iv) entered a plea in abeyance to a felony of a sexual nature;
(v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
Offenses, against a minor child;
(vi) engaged in sexually explicit conduct, as defined in Section 
76-5b-103
, with a
student who is a minor;
(vii) engaged in sexually explicit conduct, as defined in Section 
76-5b-103
, with a
student who:
(A) is not enrolled in an adult education program in an LEA;
(B) is not a minor; and
(C) is enrolled in an LEA where the educator is employed or is a participant in an
extracurricular program in which the educator is involved; or
(viii) admits to the state board or UPPAC that the applicant committed conduct that
amounts to:
(A) a felony of a sexual nature; or
(B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi),
or (vii).
(c) The state board may not reinstate a revoked license.
(d) Before the state board takes adverse action against an educator under this section,
the state board shall ensure that the educator had an opportunity for a UPPAC hearing.
(6) Notwithstanding any other provision in this section, the state board shall make
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
require an LEA to notify the state board, UPPAC, and the educator of a complaint from a
parent against an educator alleging a violation of educator licensing standards.
Section 9. 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) 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) 
(a)
 [
As described in this Subsection (3), the state
] 
The state
 board shall establish
[
advisory groups
] 
a student data protection advisory group
 to oversee student data protection in
the state [
and make recommendations to the state board regarding student data protection
including:
]
.
[
(a) a student data policy advisory group:
]
[
(i) that is 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) a student data governance advisory group:
]
[
(i) that is 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) a student data users advisory group:
]
[
(i) that is 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.
]
(b) The student data protection advisory group shall be composed of:
(i) members from the Legislature;
(ii) members from the state board;
(iii) the state student data officer;
(iv) one or more LEAs;
(v) state board employees; and
(vi) others who use student data at the local level.
(c) The student data protection advisory group shall:
(i) make recommendations to the state board regarding:
(A) enacted or proposed legislation; and
(B) state and local student data protection policies across the state;
(ii) review and monitor the state student data governance plan; and
(iii) perform other tasks related to student data protection as directed by the state board.
(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
] 
protection
 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 10. Section 
53F-2-208
 is amended to read:
53F-2-208.
Cost of adjustments for growth and inflation.
(1) In accordance with Subsection (2), the Legislature shall annually determine:
(a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
to the following programs:
(i) education for youth in [
custody
] 
care
, described in Section 
53E-3-503
;
(ii) concurrent enrollment courses for accelerated foreign language students described
in Section 
53E-10-307
;
(iii) the Basic Program, described in Part 3, Basic Program (Weighted Pupil Units);
(iv) the Adult Education Program, described in Section 
53F-2-401
;
(v) state support of pupil transportation, described in Section 
53F-2-402
;
(vi) the Enhancement for Accelerated Students Program, described in Section
53F-2-408
;
(vii) the Concurrent Enrollment Program, described in Section 
53F-2-409
;
(viii) the juvenile gang and other violent crime prevention and intervention program,
described in Section 
53F-2-410
; and
(ix) dual language immersion, described in Section 
53F-2-502
; and
(b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
the current fiscal year's ongoing state tax fund appropriations to the following programs:
(i) a program described in Subsection (1)(a);
(ii) educator salary adjustments, described in Section 
53F-2-405
;
(iii) the Teacher Salary Supplement Program, described in Section 
53F-2-504
;
(iv) the Voted and Board Local Levy Guarantee programs, described in Section
53F-2-601
; and
(v) charter school local replacement funding, described in Section 
53F-2-702
.
(2) (a) In or before December each year, the Executive Appropriations Committee shall
determine:
(i) the cost of the inflation adjustment described in Subsection (1)(a); and
(ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
(b) The Executive Appropriations Committee shall make the determinations described
in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
Budget.
(3) If the Executive Appropriations Committee includes in the public education base
budget or the final public education budget an increase in the value of the WPU in excess of
the amounts described in Subsection (1)(a), the Executive Appropriations Committee shall also
include an appropriation to the Local Levy Growth Account established in Section 
53F-9-305
in an amount equivalent to at least 0.5% of the total amount appropriated for WPUs in the
relevant budget.
Section 11. Section 
53F-2-410
 is amended to read:
53F-2-410.
Juvenile gang and other violent crime prevention and intervention
program -- Funding.
(1) Subject to appropriations by the Legislature, the state board shall:
(a) create a juvenile gang and other violent crime prevention and intervention program
that is designed to help students at risk for violent criminal involvement stay in school; and
(b) distribute money under the program to school districts and charter schools through
the distribution formula described in Subsection (2).
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules that:
(a) establish a formula to distribute program funding to schools in school districts and
charter schools that:
(i) uses the data reported to the state board under Section [
80-6-104
] 
53E-3-516
; and
(ii) prioritizes the schools in school districts and charter schools based on the
prevalence of crimes committed by minors within the boundaries of each municipality where a
school is located;
(b) annually adjust the distribution of program funding using the 
most current
 data
reported to the state board under Section [
80-6-104
] 
53E-3-516
; and
(c) establish baseline performance standards that school districts or charter schools are
required to meet in order to receive funding under the program.
(3) (a) A school district or a charter school seeking program funding shall submit a
proposal to the state board that:
(i) describes how the school district or charter school intends to use the funds; and
(ii) provides data related to Subsection (2)(a)(ii).
(b) The state board shall allocate funding on a per student basis to prioritized school
districts and charter schools that submit a successful proposal under Subsection (3)(a).
(4) The state board may not distribute funds to a school district or a charter school that
fails to meet performance standards described in Subsection (2)(c).
(5) A school district or a charter school that is awarded funds under this section shall
submit a report to the state board that includes details on:
(a) how the school district or the charter school used the funds; and
(b) the school district's, or the charter school's, compliance with the performance
standards described in Subsection (2)(c).
Section 12. 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
] 
care
 to ensure that
scholarship payments are not erroneously made.
Section 13. Section 
53G-6-210
 is amended to read:
53G-6-210.
Educational neglect of a minor -- Procedures -- Defenses.
(1) With regard to a minor who is the subject of a petition under Section 
80-3-201
based on educational neglect:
(a) if allegations include failure of a minor to make adequate educational progress, the
juvenile court shall permit demonstration of the minor's educational skills and abilities based
upon any of the criteria used in granting school credit, in accordance with Section 
53G-6-702
;
(b) parental refusal to comply with actions taken by school authorities in violation of
Section 
53G-6-808
,
53G-10-202
, [
53G-10-205
,
] 
53G-10-403
, or 
53G-10-203
, does not
constitute educational neglect;
(c) parental refusal to support efforts by a school to encourage a minor to act in
accordance with any educational objective that focuses on the adoption or expression of a
personal philosophy, attitude, or belief that is not reasonably necessary to maintain order and
discipline in the school, prevent unreasonable endangerment of persons or property, or to
maintain concepts of civility and propriety appropriate to a school setting, does not constitute
educational neglect; and
(d) an allegation of educational neglect may not be sustained, based solely on a minor's
absence from school, unless the minor has been absent from school or from any given class,
without good cause, for more than 10 consecutive school days or more than 1/[
] 
 of the
applicable school term.
(2) A minor may not be considered to be educationally neglected, for purposes of this
chapter:
(a) unless there is clear and convincing evidence that:
(i) the minor has failed to make adequate educational progress, and school officials
have complied with the requirements of Section 
53G-6-206
; [
and
] 
or
(ii) the minor is two or more years behind the local public school's age group
expectations in one or more basic skills, and is not receiving special educational services or
systematic remediation efforts designed to correct the problem;
(b) if the minor's parent or guardian establishes by a preponderance of the evidence
that:
(i) school authorities have failed to comply with the requirements of this title;
(ii) the minor is being instructed at home in compliance with Section 
53G-6-204
;
(iii) there is documentation that the minor has demonstrated educational progress at a
level commensurate with the minor's ability;
(iv) the parent, guardian, or other person in control of the minor has made a good faith
effort to secure the minor's regular attendance in school;
(v) good cause or a valid excuse exists for the minor's absence from school;
(vi) the minor is not required to attend school under court order or is exempt under
other applicable state or federal law;
(vii) the minor has performed above the twenty-fifth percentile of the local public
school's age group expectations in all basic skills, as measured by a standardized academic
achievement test administered by the school district where the minor resides; or
(viii) the parent or guardian presented a reasonable alternative curriculum to required
school curriculum, in accordance with Section [
53G-10-205
] 
53G-6-808
 or 
53G-10-403
, and
the alternative curriculum was rejected by the school district, but the parents have implemented
the alternative curriculum; or
(c) if the minor is attending school on a regular basis.
Section 14. Section 
53G-6-808
, which is renumbered from Section 53G-10-205 is
renumbered and amended to read:
[
53G-10-205
].
 53G-6-808.
Waivers of participation.
(1) As used in this section:
(a) "School" means a public school.
(b) "Student" means a public school student in kindergarten through grade 12.
(2) (a) In accordance with Utah Constitution, Article I, Section 4, a student may refrain
from participation in any aspect of school that violates a religious belief or right of conscience
of the student.
(b) A school may not, in any aspect of school:
(i) require or incentivize a student to affirm or deny the student's or the student's
parent's religious belief or right of conscience;
(ii) engage a student in a practice that violates or is contrary to the student's or the
student's parent's religious belief or right of conscience; or
(iii) penalize or discriminate against a student for refraining from participation due to
the student's or the student's parent's religious belief or right of conscience.
(3) When a student refrains from participating in any aspect of school that violates the
student's or the student's parent's religious belief or right of conscience, the school:
(a) shall promptly notify the student's parent;
(b) may offer an alternative that does not violate the student's or the student's parent's
religious belief or right of conscience; and
(c) may not require the student or the student's parent to explain, defend, or justify the
student's or the student's parent's religious belief or right of conscience.
(4) A student's parent may waive the student's participation in any aspect of school that
violates the student's or the student's parent's religious belief or right of conscience.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules consistent with this section.
Section 15. Section 
53G-7-501
 is amended to read:
53G-7-501.
Definitions.
As used in this part:
(1) "Co-curricular activity" means an activity, a course, or a program that:
(a) is an extension of a curricular activity;
(b) is included in an instructional plan and supervised or conducted by a teacher or
education professional;
(c) is conducted outside of regular school hours;
(d) is provided, sponsored, or supported by an LEA; and
(e) includes a required regular school day activity, course, or program.
(2) "Curricular activity" means an activity, a course, or a program that is:
(a) intended to deliver instruction;
(b) provided, sponsored, or supported by an LEA; and
(c) conducted only during school hours.
(3) "Elementary school" means a school that provides instruction to students in grades
kindergarten, 1, 2, 3, 4, 5, or 6.
(4) (a) "Elementary school student" means a student enrolled in an elementary school.
(b) "Elementary school student" does not include a secondary school student.
(5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
(i) not directly related to delivering instruction;
(ii) not a curricular activity or co-curricular activity; and
(iii) provided, sponsored, or supported by an LEA.
(b) "Extracurricular activity" does not include a noncurricular club as defined in
Section 
53G-7-701
.
(6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
(i) regardless of how the charge, expense, deposit, rental, or payment is termed,
described, requested, or required directly or indirectly;
(ii) in the form of money, goods, or services; and
(iii) that is a condition to a student's full participation in an activity, course, or program
that is provided, sponsored, or supported by an LEA.
(b) "Fee" includes:
[
(i) money or something of monetary value raised by a student or the student's family
through fundraising;
]
[
(ii)
] 
(i)
 charges or expenditures for a school field trip or activity trip, including related
transportation, food, lodging, and admission charges;
[
(iii)
] 
(ii)
 payments made to a third party that provides a part of a school activity, class,
or program;
[
(iv)
] 
(iii)
 charges or expenditures for classroom[
: (A) textbooks; (B)
] 
instructional
equipment or
 supplies; [
or
]
[
(C) materials;
]
[
(v)
] 
(iv)
 charges or expenditures for school activity clothing; and
[
(vi)
] 
(v)
 a fine other than a fine described in Subsection (6)(c)(i).
(c) "Fee" does not include:
(i) a student fine specifically approved by an LEA for:
(A) failing to return school property;
(B) losing, wasting, or damaging private or school property through intentional,
careless, or irresponsible behavior, or as described in Section 
53G-8-212
; or
(C) improper use of school property, including a parking violation;
(ii) a payment for school breakfast or lunch;
(iii) a deposit that is:
(A) a pledge securing the return of school property; and
(B) refunded upon the return of the school property; [
or
]
(iv) a charge for insurance, unless the insurance is required for a student to participate
in an activity, course, or program[
.
]
; or
(v) money or another item of monetary value raised by a student or the student's family
through fundraising.
(7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
an LEA that uses students to generate funds or raise money to:
(i) provide financial support to a school or a school's class, group, team, or program; or
(ii) benefit a particular charity or for other charitable purposes.
(b) "Fundraising" does not include an alternative method of raising revenue without
students.
(8) (a) "Instructional equipment or supplies" means an activity-, course-, or
program-related supply or tool that:
(i) a student is required to use as part of an activity, course, or program in a secondary
school;
(ii) becomes the property of the student upon exiting the activity, course, or program;
and
(iii) is subject to a fee waiver.
(b) "Instructional equipment or supplies" does not include school equipment.
[
(8)
] 
(9)
 (a) "School activity clothing" means special shoes or items of clothing:
(i) (A) that meet specific requirements, including requesting a specific brand, fabric, or
imprint; and
(B) that a school requires a student to provide; and
(ii) that [
is
] 
are required to be
 worn by a student for [
a co-curricular or extracurricular
]
an activity-, course-, or a program-related
 activity.
(b) "School activity clothing" does not include:
(i) a school uniform; or
(ii) clothing that is commonly found in students' homes.
(10) "School equipment" means a machine, equipment, facility, or tool that:
(a) is durable;
(b) is owned by a secondary school; and
(c) a student uses as part of an activity, course, or program in a secondary school.
[
(9)
] 
(11)
 (a) "School uniform" means special shoes or an item of clothing:
(i) (A) that meet specific requirements, including a requested specific color, style,
fabric, or imprint; and
(B) that a school requires a student to provide; and
(ii) that is worn by a student for a curricular activity.
(b) "School uniform" does not include school activity clothing.
[
(10)
] 
(12)
 "Secondary school" means a school that provides instruction to students in
grades 7, 8, 9, 10, 11, or 12.
[
(11)
] 
(13)
 "Secondary school student":
(a) means a student enrolled in a secondary school; and
(b) includes a student in grade 6 if the student attends a secondary school.
[
(12)
] 
(14) (a)
 "Textbook" means [
the same as that term is defined in Section
53G-7-601
.
] 
instructional material necessary for participation in an activity, course, or
program, regardless of the format of the material.
(b) "Textbook" includes:
(i) a hardcopy book or printed pages of instructional material, including a consumable
workbook; or
(ii) computer hardware, software, or digital content.
(c) "Textbook" does not include instructional equipment or supplies.
[
(13)
] 
(15)
 "Waiver" means a full [
or partial
] release from a requirement to pay a fee
and from any provision in lieu of fee payment.
Section 16. 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)
] 
(a)
 "Charter trust land council" means a council established by a charter school
governing board under Section 
53G-7-1205
.
[
(c)
] 
(b)
 "Council" means a school community council or a charter trust land council.
[
(d)
] 
(c)
 "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)
] 
(d)
 "School community council" means a council established at a district school in
accordance with Section 
53G-7-1202
.
[
(f)
] 
(e)
 "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
] 
This section creates
 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
] 
budget officer whom the charter school
governing board appoints
.
(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 before the council submits a plan for the
following year.
(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
] 
who
attend
 the school.
(6) An LEA shall record the LEA's expenditures of School LAND Trust Program funds
through a financial reporting system that the board identifies 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 state board 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 state board 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 state board 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 17. Section 
53G-8-403
 is amended to read:
53G-8-403.
Superintendent required to notify school.
(1) Within three days of receiving a notification from the juvenile court or a law
enforcement agency under Section 
80-6-103
, the district superintendent
, or the district
superintendent's designee,
 shall notify the principal of the school the juvenile attends [
or
]
,
 last
attended[
.
]
, or will attend.
(2) Upon receipt of the information, the principal shall:
(a) make a notation in a secure file other than the student's permanent file; and
(b) if the student is still enrolled in the school, notify staff members who, in his
opinion, should know of the adjudication.
(3) A person receiving information pursuant to this part may only disclose the
information to other persons having both a right and a current need to know.
(4) Access to secure files shall be limited to persons authorized to receive information
under this part.
Section 18. Section 
53G-8-405
 is amended to read:
53G-8-405.
Liability for release of information.
(1) The district superintendent, 
district superintendent's designee,
 principal, and any
staff member notified by the principal may not be held liable for information which may
become public knowledge unless it can be shown by clear and convincing evidence that the
information became public knowledge through an intentional act of the superintendent,
principal, or a staff member.
(2) A person receiving information under Section 
53G-8-403
 or 
80-6-103
 is immune
from any liability, civil or criminal, for acting or failing to act in response to the information
unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference
to the consequences.
Section 19. Section 
53G-9-703
 is amended to read:
53G-9-703.
Parent education -- Mental health -- Bullying -- Safety.
(1) (a) Except as provided in Subsection (3), a school district shall offer a seminar for
parents of students 
who attend school
 in the school district that:
(i) is offered at no cost to parents;
(ii) 
(A)
 begins at or after 6 p.m.; 
or
(B) takes place on a Saturday;
(iii) 
(A)
 is held in at least one school located in the school district; [
and
] 
or
(B) is provided through a virtual platform; and
(iv) covers the topics described in Subsection (2).
(b) (i) A school district shall annually offer one parent seminar for each 11,000
students enrolled in the school district.
(ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to offer
more than three seminars.
(c) A school district may:
(i) develop [
its
] 
the district school's
 own curriculum for the seminar described in
Subsection (1)(a); or
(ii) use the curriculum developed by the state board under Subsection (2).
(d) A school district shall notify each charter school located in the attendance
boundaries of the school district of the date and time of a parent seminar, so the charter school
may inform parents of the seminar.
(2) The state board shall:
(a) develop a curriculum for the parent seminar described in Subsection (1) that
includes information on:
(i) substance abuse, including illegal drugs and prescription drugs and prevention;
(ii) bullying;
(iii) mental health, depression, suicide awareness, and suicide prevention, including
education on limiting access to fatal means;
(iv) Internet safety, including pornography addiction; and
(v) the SafeUT and Crisis Line established in Section 
53B-17-1202
; and
(b) provide the curriculum, including resources and training, to school districts upon
request.
(3) (a) A school district is not required to offer the parent seminar if the local school
board determines that the topics described in Subsection (2) are not of significant interest or
value to families in the school district.
(b) If a local school board chooses not to offer the parent seminar, the local school
board shall notify the state board and provide the reasons why the local school board chose not
to offer the parent seminar.
Section 20. Section 
53G-10-402
 is amended to read:
53G-10-402.
Instruction in health -- Parental consent requirements -- Political
and religious doctrine prohibited -- Conduct and speech of school employees and
volunteers.
(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) 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) 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
] 
who attend
the respective schools
;
 and
(iv) give parents
 an opportunity [
for parents
] to express [
their
] 
the parents'
 views and
opinions on the materials at the meeting 
described in Subsection (2)(h)(iii)
.
(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
] 
an
 official [
capacities
] 
capacity
 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
] 
capacity
 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
] 
support
 or [
encourages
] 
encourage
 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'
] 
an educator's, employee's, or volunteer's
 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
] 
the
teachers, counselors, and school administrators
 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
] 
53G-6-808
, 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
] 
students' parents
.
(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, 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 21. Section 
53G-10-403
 is amended to read:
53G-10-403.
Required parental consent for sex education instruction.
(1) As used in this section:
(a) (i) "Sex education instruction" means any course material, unit, class, lesson,
activity, or presentation that, as the focus of the discussion, provides instruction or information
to a student about:
(A) sexual abstinence;
(B) human sexuality;
(C) human reproduction;
(D) reproductive anatomy;
(E) physiology;
(F) pregnancy;
(G) marriage;
(H) childbirth;
(I) parenthood;
(J) contraception;
(K) HIV/AIDS;
(L) sexually transmitted diseases; or
(M) refusal skills, as defined in Section 
53G-10-402
.
(ii) "Sex education instruction" does not include child sexual abuse prevention
instruction described in Section 
53G-9-207
.
(b) "School" means the same as that term is defined in Section [
53G-10-205
]
53G-6-808
.
(2) A school shall obtain prior written consent from a student's parent before the school
may provide sex education instruction to the student.
(3) If a student's parent chooses not to have the student participate in sex education
instruction, a school shall:
(a) waive the requirement for the student to participate in the sex education instruction;
or
(b) provide the student with a reasonable alternative to the sex education instruction
requirement.
(4) In cooperation with the student's teacher or school, a parent shall take responsibility
for the parent's student's sex education instruction if a school:
(a) waives the student's sex education instruction requirement in Subsection (3)(a); or
(b) provides the student with a reasonable alternative to the sex education instruction
requirement described in Subsection (3)(b).
(5) A student's academic or citizenship performance may not be penalized if the
student's parent chooses not to have the student participate in sex education instruction as
described in Subsection (3).
Section 22. Section 
63I-1-253 (Superseded 07/01/24)
 is amended to read:
63I-1-253 (Superseded 07/01/24).
Repeal dates: Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2027.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2027.
(3) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2024.
(4) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(5) Section 
53B-7-709
, regarding five-year performance goals for the Utah System of
Higher Education is repealed July 1, 2027.
(6) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
July 1, 2028.
(7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(8) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(10) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
Research Center, is repealed on July 1, 2028.
(11) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
[
custody
] 
care
, are repealed July 1, 2027.
(13) In relation to a standards review committee, on January 1, 2028:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(14) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2027.
(15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2033.
(16) Section 
53F-2-420
, which creates the Intensive Services Special Education Pilot
Program, is repealed July 1, 2024.
[
(17) Section 
53F-5-213
 is repealed July 1, 2023.
]
[
(18)
] 
(17)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(19)
] 
(18)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant, is
repealed July 1, 2025.
[
(20)
] 
(19)
 Section 
53F-5-219
, which creates the Local Innovations Civics Education
Pilot Program, is repealed on July 1, 2025.
[
(21)
] 
(20)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(22)
] 
(21)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(23)
] 
(22)
 Section 
53G-9-212
, Drinking water quality in schools, is repealed July 1,
2027.
[
(24)
] 
(23)
 Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
July 1, 2027.
Section 23. Section 
63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25)
 is amended to read:
63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25).
Repeal dates: Titles 53 through
53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2027.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2027.
(3) Section 
53-2d-703
 is repealed July 1, 2027.
(4) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2024.
(5) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(6) Section 
53B-7-709
, regarding five-year performance goals for the Utah System of
Higher Education is repealed July 1, 2027.
(7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
July 1, 2028.
(8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(9) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
Research Center, is repealed on July 1, 2028.
(12) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(13) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
[
custody
] 
care
, are repealed July 1, 2027.
(14) In relation to a standards review committee, on January 1, 2028:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(15) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2027.
(16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2033.
(17) Section 
53F-2-420
, which creates the Intensive Services Special Education Pilot
Program, is repealed July 1, 2024.
[
(18) Section 
53F-5-213
 is repealed July 1, 2023.
]
[
(19)
] 
(18)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(20)
] 
(19)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant, is
repealed July 1, 2025.
[
(21)
] 
(20)
 Section 
53F-5-219
, which creates the Local Innovations Civics Education
Pilot Program, is repealed on July 1, 2025.
[
(22)
] 
(21)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(23)
] 
(22)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(24)
] 
(23)
 Section 
53G-9-212
, Drinking water quality in schools, is repealed July 1,
2027.
[
(25)
] 
(24)
 Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
July 1, 2027.
Section 24. Section 
63I-1-253 (Contingently Effective 01/01/25)
 is amended to read:
63I-1-253 (Contingently Effective 01/01/25).
Repeal dates: Titles 53 through 53G.
(1) Section 
53-2a-105
, which creates the Emergency Management Administration
Council, is repealed July 1, 2027.
(2) Sections 
53-2a-1103
 and 
53-2a-1104
, which create the Search and Rescue Advisory
Board, are repealed July 1, 2027.
(3) Section 
53-2d-703
 is repealed July 1, 2027.
(4) Section 
53-5-703
, which creates the Concealed Firearm Review Board, is repealed
July 1, 2024.
(5) Section 
53B-6-105.5
, which creates the Technology Initiative Advisory Board, is
repealed July 1, 2024.
(6) Section 
53B-7-709
, regarding five-year performance goals for the Utah System of
Higher Education is repealed July 1, 2027.
(7) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
July 1, 2028.
(8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
(9) Section 
53B-17-1203
, which creates the SafeUT and School Safety Commission, is
repealed January 1, 2025.
(10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
(11) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
Research Center, is repealed on July 1, 2028.
(12) Subsection 
53C-3-203
(4)(b)(vii), which provides for the distribution of money
from the Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(13) Subsections 
53E-3-503
(5) and (6), which create coordinating councils for youth in
[
custody
] 
care
, are repealed July 1, 2027.
(14) In relation to a standards review committee, on January 1, 2028:
(a) in Subsection 
53E-4-202
(8), the language "by a standards review committee and the
recommendations of a standards review committee established under Section 
53E-4-203
" is
repealed; and
(b) Section 
53E-4-203
 is repealed.
(15) Section 
53E-4-402
, which creates the State Instructional Materials Commission, is
repealed July 1, 2027.
(16) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
repealed July 1, 2033.
(17) Section 
53F-2-420
, which creates the Intensive Services Special Education Pilot
Program, is repealed July 1, 2024.
[
(18) Section 
53F-5-213
 is repealed July 1, 2023.
]
[
(19)
] 
(18)
 Section 
53F-5-214
, in relation to a grant for professional learning, is
repealed July 1, 2025.
[
(20)
] 
(19)
 Section 
53F-5-215
, in relation to an elementary teacher preparation grant, is
repealed July 1, 2025.
[
(21)
] 
(20)
 Section 
53F-5-219
, which creates the Local Innovations Civics Education
Pilot Program, is repealed on July 1, 2025.
[
(22)
] 
(21)
 (a) Subsection 
53F-9-201.1
(2)(b)(ii), in relation to the use of funds from a
loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
(b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
renumber the remaining subsections accordingly.
[
(23)
] 
(22)
 Subsection 
53F-9-203
(7), which creates the Charter School Revolving
Account Committee, is repealed July 1, 2024.
[
(24)
] 
(23)
 Subsections 
53G-4-608
(2)(b) and (4)(b), related to the Utah Seismic Safety
Commission, are repealed January 1, 2025.
[
(25)
] 
(24)
 Section 
53G-9-212
, Drinking water quality in schools, is repealed July 1,
2027.
[
(26)
] 
(25)
 Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
July 1, 2027.
Section 25. Section 
80-6-103
 is amended to read:
80-6-103.
Notification to a school -- Civil and criminal liability.
(1) As used in this section:
(a) "School" means a school in a local education agency.
(b) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(c) "School official" means:
(i) the school superintendent
,
or the school superintendent's designee,
 of the district in
which the minor resides or attends school; or
(ii) if there is no school superintendent for the school, the principal
,
or the principal's
designee,
 of the school where the minor attends.
(d) "Transferee school official" means:
(i) the school superintendent
, or the school superintendent's designee,
 of the district in
which the minor resides or attends school if the minor is admitted to home detention; or
(ii) if there is no school superintendent for the school, the principal
,
or the principal's
designee,
 of the school where the minor attends if the minor is admitted to home detention.
(2) A notification under this section is provided for a minor's supervision and student
safety.
(3) (a) If a minor is taken into temporary custody under Section 
80-6-201
 for a violent
felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or
other person who has taken the minor into temporary custody, shall notify a school official
within [
five days
] 
hours
 after the day on which the minor is taken into temporary custody.
(b) A notification under this Subsection (3) shall only disclose:
(i) the 
minor's
 name [
of the minor
];
(ii) the offense for which the minor was taken into temporary custody or admitted to
detention; and
(iii) if available, the 
victim's
 name [
of the victim
]
, or the victim's sibling's name,
 if the
victim 
or the victim's sibling
 resides in the same school district as the minor or attends the
same school as the minor.
(4) After a detention hearing for a minor who is alleged to have committed a violent
felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
shall order a juvenile probation officer to notify a school official, or a transferee school official,
and the appropriate local law enforcement agency of the juvenile court's decision, including
any disposition, order, or no-contact order.
(5) If a designated staff member of a detention facility admits a minor to home
detention under Section 
80-6-205
 and notifies the juvenile court of that admission, the juvenile
court shall order a juvenile probation officer to notify a school official, or a transferee school
official, and the appropriate local law enforcement agency that the minor has been admitted to
home detention.
(6) (a) If the juvenile court adjudicates a minor for [
an offense of violence
] 
violent
offense
 or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
shall order a juvenile probation officer to notify a school official, or a transferee school official,
and the appropriate local law enforcement agency
 of the adjudication.
(b) A notification under this Subsection (6) shall be given to a school official, or a
transferee school official, 
and the appropriate local law enforcement agency
 within three days
after the day on which the minor is adjudicated.
(c) A notification under this section shall include:
(i) the 
minor's
 name [
of the minor
];
(ii) the offense for which the minor was adjudicated; and
(iii) if available, the 
victim's
 name [
of the victim
]
, or the victim's sibling's name,
 if the
victim[
: (A)
] 
or the victim's sibling
 resides in the same school district as the minor[
; or (B)
] 
or
attends the same school as the minor.
(7) If the juvenile court orders probation under Section 
80-6-702
, the juvenile court
shall order a juvenile probation officer to notify 
the school official, or the transferee school
official, and
 the appropriate local law enforcement agency [
and the school official
] of the
juvenile court's order for probation.
(8) (a) An employee of the local law enforcement agency, or the school the minor
attends, who discloses a notification under this section is not:
(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(ii) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) [
An employee of a
] 
A
 governmental agency 
employee
 is immune from any criminal
liability for failing to provide the information required by this section, unless the employee
fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
(9) (a) A notification under this section shall be classified as a protected record under
Section 
63G-2-305
.
(b) All other records of disclosures under this section are governed by Title 63G,
Chapter 2, Government Records Access and Management Act, and the Family Educational
Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 26. Section 
80-6-104
 is amended to read:
80-6-104.
Data collection on offenses committed by minors -- Reporting
requirement.
(1) As used in this section:
(a) "Firearm" means the same as that term is defined in Section 
76-10-501
.
(b) "Firearm-related offense" means a criminal offense involving a firearm.
(c) "School is in session" means the same as that term is defined in Section 
53E-3-516
.
(d) "School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
following data to the State Commission on Criminal and Juvenile Justice, broken down by
judicial district, for the preceding calendar year:
(a) the number of referrals to the juvenile court;
(b) the number of minors diverted to a nonjudicial adjustment;
(c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d) the number of minors for whom a petition for an offense is filed in the juvenile
court;
(e) the number of minors for whom an information is filed in the juvenile court;
(f) the number of minors bound over to the district court by the juvenile court;
(g) the number of petitions for offenses committed by minors that were dismissed by
the juvenile court;
(h) the number of adjudications in the juvenile court for offenses committed by minors;
(i) the number of guilty pleas entered into by minors in the juvenile court;
(j) the number of dispositions resulting in secure care, community-based placement,
formal probation, and intake probation; and
(k) for each minor charged in the juvenile court with a firearm-related offense:
(i) the minor's age at the time the offense was committed or allegedly committed;
(ii) the minor's zip code at the time that the offense was referred to the juvenile court;
(iii) whether the minor is a restricted person under Subsection 
76-10-503
(1)(a)(iv) or
(1)(b)(iii);
(iv) the type of offense for which the minor is charged;
(v) the outcome of the minor's case in juvenile court, including whether the minor was
bound over to the district court or adjudicated by the juvenile court; and
(vi) if a disposition was entered by the juvenile court, whether the disposition resulted
in secure care, community-based placement, formal probation, or intake probation.
(3) The State Commission on Criminal and Juvenile Justice shall track the disposition
of a case resulting from a firearm-related offense committed, or allegedly committed, by a
minor when the minor is found in possession of a firearm while school is in session or during a
school-sponsored activity.
(4) In collaboration with the Administrative Office of the Courts, the division, and
other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the
preceding calendar year on:
(a) the length of time that minors spend in the juvenile justice system, including the
total amount of time minors spend under juvenile court jurisdiction, on community
supervision, and in each out-of-home placement;
(b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
whom dispositions are ordered by the juvenile court, including tracking minors into the adult
corrections system;
(c) changes in aggregate risk levels from the time minors receive services, are under
supervision, and are in out-of-home placement; and
(d) dosages of programming.
(5) On and before October 1 of each year, the State Commission on Criminal and
Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee
and the Law Enforcement and Criminal Justice Interim Committee that includes:
(a) data collected by the State Commission on Criminal and Juvenile Justice under this
section;
(b) data collected by the State Board of Education under Section 
53E-3-516
; and
(c) recommendations for legislative action with respect to the data described in this
Subsection (5).
(6) After submitting the written report described in Subsection (5), the State
Commission on Criminal and Juvenile Justice may supplement the report at a later time with
updated data and information the State Board of Education collects under Section 
53E-3-516
.
[
(6)
] 
(7)
 Nothing in this section shall be construed to require the disclosure of
information or data that is classified as controlled, private, or protected under Title 63G,
Chapter 2, Government Records Access and Management Act.
Section 27. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
 (2) (a) The actions affecting Section 
63I-1-253
 (Eff 07/01/24) (Cont Sup 01/01/25)
take effect on July 1, 2024.
 (b) The actions affecting Section 
63I-1-253
 (Contingently Effective 01/01/25)
contingently take effect on January 1, 2025.