Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 76 (2025GS)

Sponsor

Rep. Miller, Tracy

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes duplicative language regarding a college and career readiness plan;
• amends the Teacher Salary Supplement Program and the upcoming replacement Salary Supplement for Highly Needed Educators program to allow a local education agency (LEA) that experiences a carry forward or leftover balance to increase the amount the LEA provides to teachers under certain circumstances;
• adds the Utah Schools for the Deaf and the Blind as an LEA that may participate in the Salary Supplement for Highly Needed Educators program;
• increases the portion of appropriated funding the State Board of Education (state board) is statutorily authorized to expend for administrative costs for early literacy software, including the cost of an independent software evaluator;
• amends provisions regarding kindergarten to:
• allow a child to enroll in kindergarten if the child moves to Utah after having enrolled in kindergarten in another state with different age requirements for enrollment; and
• repeal a requirement for the state board to create a process for an LEA to follow when an enrolled student in kindergarten is not toilet-trained;
• amends provisions regarding early learning plans to:
• reduce requirements for the plans that LEAs submit to the state board; and
• repeal a requirement for the state board to use a digital platform to communicate with LEAs regarding early learning;
• amends provisions related to school fees to ensure that a school is not prohibited from charging a fee for a fine arts course; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

31
53E-2-304
53F-2-504
53F-2-504
53F-4-203
53G-4-402
53G-7-203
53G-7-218
53G-7-503
53E-2-304
53F-2-504
53F-4-203
53G-4-402
53G-7-203
53G-7-218
53G-7-503
0
Public Education Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tracy J. Miller
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill amends provisions and programs regarding the operation of the public education 
system.
Highlighted Provisions:
This bill:
removes duplicative language regarding a college and career readiness plan;
amends the Teacher Salary Supplement Program and the upcoming replacement Salary 
Supplement for Highly Needed Educators program to allow a local education agency 
(LEA) that experiences a carry forward or leftover balance to increase the amount the 
LEA provides to teachers under certain circumstances;
adds the Utah Schools for the Deaf and the Blind as an LEA that may participate in the 
Salary Supplement for Highly Needed Educators program;
increases the portion of appropriated funding the State Board of Education (state board) is 
statutorily authorized to expend for administrative costs for early literacy software, 
including the cost of an independent software evaluator;
amends provisions regarding kindergarten to:
allow a child to enroll in kindergarten if the child moves to Utah after having enrolled 
in kindergarten in another state with different age requirements for enrollment; and
repeal a requirement for the state board to create a process for an LEA to follow when 
an enrolled student in public school is not toilet-trained;
amends provisions regarding early learning plans to:
reduce requirements for the plans that LEAs submit to the state board; and
repeal a requirement for the state board to use a digital platform to communicate with 
LEAs regarding early learning;
amends provisions related to school fees to ensure that a school is not prohibited from 
charging a fee for a fine arts course; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill contains a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-2-304
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 69
53F-2-504
, 
Effective 
05/07/25
Superseded 
07/01/25
 as last amended by Laws of Utah 
2024, Chapter 468
53F-2-504
, 
Effective 
07/01/25
 as repealed and reenacted by Laws of Utah 2024, 
Chapter 374
53F-4-203
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2023, Chapter 20
53G-4-402
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapters 67, 476
53G-7-203
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 354
53G-7-218
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 460
53G-7-503
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 497
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53E-2-304
 is amended to read:
53E-2-304
Effective 
05/07/25
. School district and individual school powers -- 
Plan for college and career readiness definition.
(1)
In order to acquire and develop the characteristics listed in Section 
53E-2-302
, each 
school district and each public school within its respective district shall implement a 
comprehensive system of accountability in which students advance through public 
schools by demonstrating competency in the core standards for Utah public schools 
through the use of diverse assessment instruments such as authentic assessments, 
projects, and portfolios.
(2)
(a)
Each school district and public school shall:
(i)
develop and implement programs integrating technology into the curriculum, 
instruction, and student assessment;
(ii)
in accordance with Subsection (5) and beginning July 1, 2025:
(A)
provide an environment to all educators, school staff, and students that does 
not pose a predictable threat of serious bodily injury to the educators, school 
staff, or students;
(B)
provide an education to all students in which the students' classroom is not 
disrupted by a pattern of behavior that interferes substantially and materially 
with classroom instruction;
 and
(C)
provide an environment to all educators, school staff, and students that is free 
from repeated verbal or physical sexual harassment or sexual assault;
(iii)
provide for teacher and parent involvement in policymaking at the school site;
(iv)
implement a public school choice program to give parents, students, and teachers 
greater flexibility in designing and choosing among programs with different 
focuses through schools within the same district and other districts, subject to 
space availability, demographics, and legal and performance criteria;
(v)
establish strategic planning at both the district and school level and site-based 
decision making programs at the school level;
(vi)
provide opportunities for each student to acquire and develop academic and 
occupational knowledge, skills, and abilities;
(vii)
participate in ongoing research and development projects primarily at the school 
level aimed at improving the quality of education within the system; and
(viii)
involve business and industry in the education process through the 
establishment of partnerships with the business community at the district and 
school level.
(b)
(i)
As used in this section, "plan for college and career readiness" means a plan 
developed by a student and the student's parent, in consultation with school 
counselors, teachers, and administrators that:
(A)
is initiated at the beginning of grade 7;
(B)
identifies a student's skills and objectives;
(C)
maps out a strategy to guide a student's course selection; and
(D)
links a student to post-secondary options, including higher education and 
careers.
(ii)
Each local school board, in consultation with school personnel, parents, and 
school community councils or similar entities shall establish policies to provide 
for the effective implementation of 
an individual learning plan or 
a plan for 
college and career readiness for each student at the school site.
(iii)
The policies shall include guidelines and expectations for:
(A)
recognizing the student's accomplishments, strengths, and progress toward 
meeting student achievement standards as defined in the core standards for 
Utah public schools;
(B)
planning, monitoring, and managing education and career development; and
(C)
involving students, parents, and school personnel in preparing and 
implementing an individual learning plan and a plan for college and career 
readiness.
(iv)
A parent may request a conference with school personnel in addition to an 
individual learning plan or a plan for college and career readiness conference 
established by local school board policy.
(v)
Time spent during the school day to implement an individual learning plan or a 
plan for college and career readiness is considered part of the school term 
described in Section 
53F-2-102
.
(3)
A school district or public school may submit proposals to modify or waive rules or 
policies of a supervisory authority within the public education system in order to acquire 
or develop the characteristics listed in Section 
53E-2-302
.
(4)
(a)
Each school district and public school shall make an annual report to its patrons 
on its activities under this section.
(b)
The reporting process shall involve participation from teachers, parents, and the 
community at large in determining how well the district or school is performing.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules to ensure implementation of the requirements described in 
Subsection (2)(a)(ii).
(6)
Nothing in this section creates a private right of action or constitutes a waiver of 
immunity under Section 
63G-7-301
.
Section 2, Section 
53F-2-504
 is amended to read:
53F-2-504
Effective 
05/07/25
Superseded 
07/01/25
. Teacher Salary 
Supplement Program.
(1)
As used in this section:
(a)
"Eligible teacher" means a teacher who:
(i)
has a qualifying educational background or qualifying teaching background;
(ii)
has a supplement-approved assignment that corresponds to the teacher's 
qualifying educational background or qualifying teaching background;
(iii)
qualifies for the teacher's supplement-approved assignment in accordance with 
state board rule; and
(iv)
(A)
is a new employee; or
(B)
has not received an unsatisfactory rating on the teacher's three most recent 
evaluations.
(b)
"Field of computer science" means:
(i)
computer science; or
(ii)
computer information technology.
(c)
"Field of science" means:
(i)
integrated science;
(ii)
chemistry;
(iii)
physics;
(iv)
physical science; or
(v)
general science.
(d)
"Qualifying educational background" means:
(i)
for a teacher who is assigned a secondary school level mathematics course:
(A)
a bachelor's degree major, master's degree, or doctoral degree in mathematics; 
or
(B)
a bachelor's degree major, master's degree, or doctoral degree that has course 
requirements that are substantially equivalent to the course requirements for a 
bachelor's degree major, master's degree, or doctoral degree in mathematics;
(ii)
for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry 
course, or physics course:
(A)
a bachelor's degree major, master's degree, or doctoral degree in a field of 
science; or
(B)
a bachelor's degree major, master's degree, or doctoral degree that has course 
requirements that are substantially equivalent to the course requirements of 
those required for a bachelor's degree major, master's degree, or doctoral 
degree in a field of science;
(iii)
for a teacher who is assigned a computer science course:
(A)
a bachelor's degree major, master's degree, or doctoral degree in a field of 
computer science; or
(B)
a bachelor's degree major, master's degree, or doctoral degree that has course 
requirements that are substantially equivalent to the course requirements of 
those required for a bachelor's degree major, master's degree, or doctoral 
degree in a field of computer science; or
(iv)
for a teacher who is assigned to teach special education, a bachelor's degree 
major, master's degree, or doctoral degree in special education.
(e)
"Qualifying teaching background" means:
(i)
the teacher has been teaching the same supplement-approved assignment in Utah 
public schools for at least 10 years; or
(ii)
the teacher has a professional deaf education license issued by the state board.
(f)
"Supplement-approved assignment" means an assignment to teach:
(i)
a secondary school level mathematics course;
(ii)
integrated science in grade 7 or 8;
(iii)
chemistry;
(iv)
physics;
(v)
computer science;
(vi)
special education; or
(vii)
deaf education.
(2)
(a)
Subject to future budget constraints, the Legislature shall:
(i)
annually appropriate money to the Teacher Salary Supplement Program to 
maintain annual salary supplements for eligible teachers provided in previous 
years; and
(ii)
provide salary supplements to new recipients.
(b)
Money appropriated for the Teacher Salary Supplement Program shall include 
money for the following employer-paid benefits:
(i)
retirement;
(ii)
workers' compensation;
(iii)
Social Security; and
(iv)
Medicare.
(3)
(a)
The annual salary supplement for an eligible teacher who is assigned full-time to a 
supplement-approved assignment is:
(i)
for a fiscal year beginning before July 1, 2023, $4,100 and funded through an 
appropriation described in Subsection (2); and
(ii)
for a fiscal year beginning on or after July 1, 2023, the amount equal to:
(A)
the amount of the annual salary supplement in the preceding fiscal year; and
(B)
a percentage increase that is equal to the percentage increase in the value of 
the WPU in the preceding fiscal year.
(b)
An eligible teacher who is assigned part-time to a supplement-approved assignment 
shall receive a partial salary supplement based on the number of hours worked in the 
supplement-approved assignment.
(4)
The state board shall:
(a)
create an online application system for a teacher to apply to receive a salary 
supplement through the Teacher Salary Supplement Program;
(b)
determine if a teacher is an eligible teacher;
(c)
verify, as needed, the determinations made under Subsection (4)(b) with school 
district and school administrators; and
(d)
certify a list of eligible teachers.
(5)
An eligible teacher shall apply to the state board, as provided by the board to receive the 
salary supplement authorized in this section in accordance with state board rule made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6)
(a)
The state board shall establish and administer an appeal process for a teacher to 
follow if the teacher applies for a salary supplement and does not receive a salary 
supplement under Subsection (8).
(b)
(i)
The appeal process established in Subsection (6)(a) shall allow a teacher to 
appeal eligibility as an eligible teacher with a qualifying educational background 
on the basis that the teacher has a degree or degree major with course 
requirements that are substantially equivalent to the qualifying educational 
background associated with the teacher's supplement-approved assignment.
(ii)
A teacher shall provide transcripts and other documentation to the state board in 
order for the state board to determine if the teacher has a degree or degree major 
with course requirements that are substantially equivalent to the qualifying 
educational background associated with the teacher's supplement-approved 
assignment.
(c)
(i)
The appeal process established under Subsection (6)(a) shall allow a teacher to 
appeal eligibility as an eligible teacher with a qualifying teaching background on 
the basis that the teacher has a qualifying teaching background.
(ii)
The teacher shall provide to the state board evidence to verify that the teacher has 
a qualifying teaching background.
(7)
(a)
The state board shall distribute money appropriated to the Teacher Salary 
Supplement Program to school districts, charter schools, and regional education 
service agencies for the Teacher Salary Supplement Program in accordance with the 
provisions of this section.
(b)
The state board shall include the employer-paid benefits described under Subsection 
(2)(b) in the amount of each salary supplement.
(c)
The employer-paid benefits described under Subsection (2)(b) are an addition to the 
salary supplement limits described under Subsection (3).
(8)
(a)
Money received from the Teacher Salary Supplement Program shall be used by a 
school district, charter school, or regional education service agencies to provide a 
salary supplement equal to the amount specified in Subsection (3) for each eligible 
teacher.
(b)
The salary supplement is part of an eligible teacher's base pay, subject to eligible 
teacher's qualification as an eligible teacher every year, semester, or trimester.
(9)
Notwithstanding the provisions of this section, if the appropriation for the program is 
insufficient to cover the costs associated with salary supplements, the state board may 
distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
(10)
An LEA may increase the amount of funds the LEA provides to the LEA's teachers 
under the program if the LEA:
(a)
first ensures proper distribution of funds the LEA receives under the program to the 
the LEA's teachers; and
(b)
experiences a carry forward or leftover balance.
Section 3, Section 
53F-2-504
 is amended to read:
53F-2-504
Effective 
07/01/25
. Salary Supplement for Highly Needed Educators.
(1)
As used in this section:
(a)
"Eligible teacher" means a teacher who:
(i)
has a qualifying assignment;
(ii)
qualifies for the teacher's assignment in accordance with an LEA's policy 
described in Subsection (2); and
(iii)
(A)
is a new employee; or
(B)
has not received an unsatisfactory rating on the teacher's three most recent 
evaluations.
(b)
"High-needs area" means at least two and up to five teaching assignments that an 
LEA designates in a policy as challenging to fill or retain.
(c)
"Program" means the Salary Supplement for Highly Needed Educators program.
(d)
"Qualifying assignment" means a teacher who is assigned to a high-needs area.
(2)
(a)
An LEA shall create a policy describing the administration of the Salary 
Supplement for Highly Needed Educators program within the LEA, including:
(i)
identifying the LEA's high-needs areas;
(ii)
the amount of the salary supplement;
(iii)
establishing an appeals process for a teacher to follow if the teacher does not 
receive a salary supplement, including:
(A)
allowing a teacher to appeal eligibility as an eligible teacher with a qualifying 
assignment on the basis that the teacher has a teaching assignment that is 
substantially equivalent to a high-needs area; and
(B)
requiring a teacher to provide transcripts and other documentation to the LEA 
governing board in order for the LEA governing board to determine if the 
teacher is an eligible teacher with a qualifying teaching background;
(iv)
a process for determining if a teacher is an eligible teacher, including a 
verification process; and
(v)
a process for certifying a list of eligible teachers to be awarded a salary 
supplement under this section.
(b)
An LEA shall update the policy described in Subsection (2)(a) annually and provide 
notice of any changes to teachers within the LEA.
(3)
Subject to legislative appropriations and an LEA having the policy described in 
Subsection (2), the state board shall allocate funding appropriated for the Salary 
Supplements for Highly Needed Educators program in accordance with this section by:
(a)
for charter schools:
(i)
distributing an amount that is equal to the product of:
(A)
charter school enrollment on October 1 in the prior year, or, for a new charter 
school, projected enrollment for a charter school in the charter school's first 
year of operations, divided by enrollment on October 1 in public schools 
statewide in the prior year; and
(B)
the total amount available for distribution; and
(ii)
allocating to each charter school:
(A)
an equally divided portion of 20% of the amount described in Subsection 
(3)(a)(i); and
(B)
80% of the amount described in Subsection (3)(a)(i) on a per-student basis; and
(b)
for school districts
 and the Utah Schools for the Deaf and the Blind
:
(i)
distributing the remainder of funds available for distribution after the distribution 
to charter schools under Subsection (3)(a)(i) by allocating to each school district:
(A)
an equally divided portion of 20% of the amount described in Subsection 
(3)(b)(i); and
(B)
80% of the amount described in Subsection (3)(b)(i) on a per-student basis.
(c)
An LEA shall use funds described in Subsections (3)(a) and (3)(b) to pay the LEA's 
proportional part of an eligible teacher's salary supplement if:
(i)
the eligible teacher is an employee of a regional education service agency, as 
defined in Section 
53G-4-410
; and
(ii)
the LEA is a member of the regional education service agency that employs the 
eligible teacher.
(4)
(a)
An LEA shall include employer-paid benefits in the amount of each salary 
supplement.
(b)
Employer-paid benefits are an addition to the salary supplement amount established 
by an LEA under Subsection (2).
(5)
The salary supplement is part of an eligible teacher's base pay, subject to eligible 
teacher's qualification as an eligible teacher every year, semester, or quarter.
(6)
The state board shall annually report to the Education Interim Committee:
(a)
which teaching assignments LEAs have designated as high-needs; and
(b)
the number of eligible teachers.
(7)
An LEA may increase the amount of funds the LEA provides to the LEA's teachers 
under the program if the LEA:
(a)
first ensures proper distribution of funds the LEA receives under the program to the 
the LEA's teachers; and
(b)
experiences a carry forward or leftover balance.
Section 4, Section 
53F-4-203
 is amended to read:
53F-4-203
Effective 
05/07/25
. Early interactive reading software -- 
Independent evaluator.
(1)
Subject to legislative appropriations, the state board shall distribute funds to public 
schools based on enrollment for students in kindergarten through grade 3 to purchase 
personalized interactive reading software.
(2)
A public school that receives funds described in Subsection 
(1)
 shall use the funds for a 
student in kindergarten or grade 1, 2, or 3:
(a)
for intervention for the student if the student is reading below grade level; or
(b)
for advancement beyond grade level for the student if the student is reading at or 
above grade level.
(3)
(a)
On or before August 1 of each year, the state board shall select and contract with 
an independent evaluator, through a request for proposals process, to act as an 
independent contractor to evaluate early interactive reading software provided under 
this section.
(b)
The state board shall ensure that a contract with an independent evaluator requires 
the independent evaluator to:
(i)
evaluate a student's learning gains as a result of using early interactive reading 
software provided under Subsection 
(1)
;
(ii)
for the evaluation under Subsection 
(3)(b)(i)
, use an assessment that is not 
developed by a provider of early interactive reading software; and
(iii)
determine the extent to which a public school uses the early interactive reading 
software.
(c)
The state board and the independent evaluator selected under Subsection 
(3)(a)
 shall 
submit a report on the results of the evaluation in accordance with Section 
53E-1-201
.
(4)
An LEA may acquire an analytical software program that:
(a)
monitors, for an individual school, early intervention interactive reading software use 
and the associated impact on student performance; and
(b)
analyzes the information gathered under Subsection 
(4)(a)
 to prescribe individual 
school usage time to maximize the beneficial impact on student performance.
(5)
The state board:
(a)
may use up to 
4%
6%
 of the appropriation provided under Subsection 
(1)
:
(i)
to contract with an independent evaluator selected under Subsection 
(3)(a)
; and
(ii)
for administrative costs associated with this section; and
(b)
shall distribute at least 
96%
94%
 of funds under this section to LEAs in accordance 
with Subsection 
(1)
.
(6)
Nothing in this section or in Section 
53E-4-307
 or 
53G-11-303
 requires a reading 
software product to demonstrate the statistically significant effect size described in 
Subsection 
53G-11-303(1)(a)
 in order to be used as an instructional material.
Section 5, Section 
53G-4-402
 is amended to read:
53G-4-402
Effective 
05/07/25
. Powers and duties generally.
(1)
A local school board shall:
(a)
implement the core standards for Utah public schools using instructional materials 
that best correlate to the core standards for Utah public schools and graduation 
requirements;
(b)
administer tests, required by the state board, which measure the progress of each 
student, and coordinate with the state superintendent and state board to assess results 
and create plans to improve the student's progress, which shall be submitted to the 
state board for approval;
(c)
use progress-based assessments as part of a plan to identify schools, teachers, and 
students that need remediation and determine the type and amount of federal, state, 
and local resources to implement remediation;
(d)
for each grading period and for each course in which a student is enrolled, issue a 
grade or performance report to the student:
(i)
that reflects the student's work, including the student's progress based on mastery, 
for the grading period; and
(ii)
in accordance with the local school board's adopted grading or performance 
standards and criteria;
(e)
develop early warning systems for students or classes failing to make progress;
(f)
work with the state board to establish a library of documented best practices, 
consistent with state and federal regulations, for use by the special districts;
(g)
implement training programs for school administrators, including basic management 
training, best practices in instructional methods, budget training, staff management, 
managing for learning results and continuous improvement, and how to help every 
student achieve optimal learning in basic academic subjects; and
(h)
ensure that the local school board meets the data collection and reporting standards 
described in Section 
53E-3-501
.
(2)
Local school boards shall spend Minimum School Program funds for programs and 
activities for which the state board has established minimum standards or rules under 
Section 
53E-3-501
.
(3)
(a)
A local school board may purchase, sell, and make improvements on school sites, 
buildings, and equipment, and construct, erect, and furnish school buildings.
(b)
School sites or buildings may only be conveyed or sold on local school board 
resolution affirmed by at least two-thirds of the school board members.
(4)
(a)
A local school board may participate in the joint construction or operation of a 
school attended by students residing within the district and students residing in other 
districts either within or outside the state.
(b)
Any agreement for the joint operation or construction of a school shall:
(i)
be signed by the president of the local school board of each participating district;
(ii)
include a mutually agreed upon pro rata cost; and
(iii)
be filed with the state board.
(5)
A local school board may establish, locate, and maintain elementary, secondary, and 
applied technology schools.
(6)
A local school board may enter into cooperative agreements with other local school 
boards to provide educational services that best utilize resources for the overall 
operation of the school districts, including shared transportation services.
(7)
A local school board shall ensure that an agreement under Subsection (6):
(a)
is signed by the president of the local school board of each participating district;
(b)
specifies the resource being shared;
(c)
includes a mutually agreed upon pro rata cost;
(d)
includes the duration of the agreement; and
(e)
is filed with the state board.
(8)
(a)
Except as provided in Section 
53E-3-905
 and Subsection 
(8)(b)
, a local school 
board may enroll children in school who are at least five years old before September 
2 of the year in which admission is sought.
(b)
A local school board may enroll a child in kindergarten who does not meet the age 
requirement described in Subsection 
(8)(a)
 if the child:
(i)
moves to Utah from a different state in which the child, during the relevant school 
year:
(A)
was a resident; and
(B)
was enrolled in kindergarten in accordance with the previous state's age 
requirements for kindergarten enrollment; and
(ii)
transfers to the enrolling school after the beginning of the same school year.
(9)
A local school board:
(a)
may establish and support school libraries; and
(b)
shall provide an online platform:
(i)
through which a parent is able to view the title, author, and a description of any 
material the parent's child borrows from the school library, including a history of 
borrowed materials, either using an existing online platform that the LEA uses or 
through a separate platform; and
(ii)
(A)
for a school district with 1,000 or more enrolled students, no later than 
August 1, 2024; and
(B)
for a school district with fewer than 1,000 enrolled students, no later than 
August 1, 2026.
(10)
A local school board may collect damages for the loss, injury, or destruction of school 
property.
(11)
A local school board may authorize guidance and counseling services for students and 
the student's parents before, during, or following school enrollment.
(12)
(a)
A local school board shall administer and implement federal educational 
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or 
National Education Programs.
(b)
Federal funds are not considered funds within the school district budget under 
Chapter 7, Part 3, Budgets.
(13)
(a)
A local school board may organize school safety patrols and adopt policies under 
which the patrols promote student safety.
(b)
A student appointed to a safety patrol shall be at least 10 years old and have written 
parental consent for the appointment.
(c)
Safety patrol members may not direct vehicular traffic or be stationed in a portion of 
a highway intended for vehicular traffic use.
(d)
Liability may not attach to a school district, its employees, officers, or agents, or to a 
safety patrol member, a parent of a safety patrol member, or an authorized volunteer 
assisting the program by virtue of the organization, maintenance, or operation of a 
school safety patrol.
(14)
(a)
A local school board may on its own behalf, or on behalf of an educational 
institution for which the local school board is the direct governing body, accept 
private grants, loans, gifts, endowments, devises, or bequests that are made for 
educational purposes.
(b)
The contributions made under Subsection (14)(a) are not subject to appropriation by 
the Legislature.
(15)
(a)
A local school board may appoint and fix the compensation of a compliance 
officer to issue citations for violations of Subsection 
76-10-105
(2)(b).
(b)
A person may not be appointed to serve as a compliance officer without the person's 
consent.
(c)
A teacher or student may not be appointed as a compliance officer.
(16)
A local school board shall adopt bylaws and policies for the local school board's own 
procedures.
(17)
(a)
A local school board shall make and enforce policies necessary for the control 
and management of the district schools.
(b)
Local school board policies shall be in writing, filed, and referenced for public 
access.
(18)
A local school board may hold school on legal holidays other than Sundays.
(19)
(a)
A local school board shall establish for each school year a school traffic safety 
committee to implement this Subsection (19).
(b)
The committee shall be composed of one representative of:
(i)
the schools within the district;
(ii)
the Parent Teachers' Association of the schools within the district;
(iii)
the municipality or county;
(iv)
state or local law enforcement; and
(v)
state or local traffic safety engineering.
(c)
The committee shall:
(i)
receive suggestions from school community councils, parents, teachers, and 
others, and recommend school traffic safety improvements, boundary changes to 
enhance safety, and school traffic safety program measures;
(ii)
review and submit annually to the Department of Transportation and affected 
municipalities and counties a child access routing plan for each elementary, 
middle, and junior high school within the district;
(iii)
in consultation with the Utah Safety Council and the Division of Family Health
Services
, provide training to all students in kindergarten through grade 6, within 
the district, on school crossing safety and use; and
(iv)
help ensure the district's compliance with rules made by the Department of 
Transportation under Section 
41-6a-303
.
(d)
The committee may establish subcommittees as needed to assist in accomplishing the 
committee's duties under Subsection (19)(c).
(20)
(a)
A local school board shall adopt and implement a comprehensive emergency 
response plan to prevent and combat violence in the local school board's public 
schools, on school grounds, on school vehicles, and in connection with 
school-related activities or events.
(b)
The local school board shall ensure that the plan:
(i)
includes prevention, intervention, and response components;
(ii)
is consistent with the school discipline and conduct policies required for school 
districts under Chapter 8, Part 2, School Discipline and Conduct Plans;
(iii)
requires professional learning for all district and school building staff on the 
staff's roles in the emergency response plan;
(iv)
provides for coordination with local law enforcement and other public safety 
representatives in preventing, intervening, and responding to violence in the areas 
and activities referred to in Subsection (20)(a); and
(v)
includes procedures to notify a student who is off campus at the time of a school 
violence emergency because the student is:
(A)
participating in a school-related activity; or
(B)
excused from school for a period of time during the regular school day to 
participate in religious instruction at the request of the student's parent.
(c)
The state board, through the state superintendent, shall develop comprehensive 
emergency response plan models that local school boards may use, where 
appropriate, to comply with Subsection (20)(a).
(d)
A local school board shall, by July 1 of each year, certify to the state board that its 
plan has been practiced at the school level and presented to and reviewed by its 
teachers, administrators, students, and the student's parents and local law enforcement 
and public safety representatives.
(21)
(a)
A local school board may adopt an emergency response plan for the treatment of 
sports-related injuries that occur during school sports practices and events.
(b)
The plan may be implemented by each secondary school in the district that has a 
sports program for students.
(c)
The plan may:
(i)
include emergency personnel, emergency communication, and emergency 
equipment components;
(ii)
require professional learning on the emergency response plan for school 
personnel who are involved in sports programs in the district's secondary schools; 
and
(iii)
provide for coordination with individuals and agency representatives who:
(A)
are not employees of the school district; and
(B)
would be involved in providing emergency services to students injured while 
participating in sports events.
(d)
The local school board, in collaboration with the schools referred to in Subsection 
(21)(b), may review the plan each year and make revisions when required to improve 
or enhance the plan.
(e)
The state board, through the state superintendent, shall provide local school boards 
with an emergency plan response model that local school boards may use to comply 
with the requirements of this Subsection (21).
(22)
(a)
A local school board shall approve an LEA's policies and procedures that an 
LEA develops to ensure that students have non-electronic notification of and access 
to:
(i)
school activities and events, including:
(A)
schedule changes;
(B)
extracurricular activities; and
(C)
sporting events; and
(ii)
the emergency response plans described in Subsections (20) and (21).
(b)
Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of 
and access to school activities and events as described in Subsections (22)(a)(i) and 
(ii) if:
(i)
(A)
the school provides each student with an electronic device; and
(B)
the electronic device is capable of receiving electronic notification of and 
access to school activities and events as described in Subsections (22)(a)(i) and 
(ii); or
(ii)
an emergency, unforeseen circumstance, or other incident arises and an LEA 
cannot reasonably provide timely non-electronic notification.
(c)
An LEA may not require the use of a privately owned electronic device to complete 
course work.
(23)
A local school board shall do all other things necessary for the maintenance, 
prosperity, and success of the schools and the promotion of education.
(24)
(a)
As used in this subsection, "special enrollment program" means a full-day 
academic program in which a parent opts to enroll the parent's student and that is 
offered at a specifically designated school within an LEA, including:
(i)
gifted or advanced learning programs; or
(ii)
dual language immersion programs.
(b)
Before closing a school, changing the boundaries of a school, or changing or closing 
the location of a special enrollment program, a local school board shall:
(i)
at a local school board meeting, make and approve a motion to initiate the 
notification required under Subsections (24)(b)(ii) through (iv);
(ii)
on or before 90 days before the day on which the local school board approves the 
school closure or at least 30 days before the day on which the local school board 
approves a school boundary change, provide notice that the local school board is 
considering the closure or boundary change to:
(A)
parents of students enrolled in the school, using the same form of 
communication the local school board regularly uses to communicate with 
parents and also by mail, using the United States Postal Service, to the parents 
at each known address;
(B)
parents of students enrolled in other schools within the school district that may 
be affected by the closure or boundary change, using the same form of 
communication the local school board regularly uses to communicate with 
parents and also by mail, using the United States Postal Service, to the parents 
at each known address; and
(C)
the governing council and the mayor of the municipality in which the school is 
located;
(iii)
provide an opportunity for public comment on the proposed school closure 
during at least two public local school board meetings; 
(iv)
provide an opportunity for public comment on the proposed school boundary 
change during one public local school board meeting; and
(v)
hold a public hearing as defined in Section 
10-9a-103
 and provide public notice 
of the public hearing in accordance with Subsection (24)(c).
(c)
A local school board shall:
(i)
ensure that the notice of a public hearing required under Subsection 
(24)(b)(v)
indicates the:
(A)
name of the school or schools under consideration for closure or boundary 
change; and
(B)
the date, time, and location of the public hearing;
(ii)
if feasible, hold the public hearing at the location of the school that is under 
consideration for closure;
(iii)
for at least 10 days before the day on which the public hearing
occurs, publish 
the notice of public hearing occurs, publish the notice of the public hearing for the 
school district in which the school is located, as a class A notice under Section 
63G-30-102
; and
(iv)
at least 30 days before the day on which the public hearing occurs, provide notice 
of the public hearing in the same manner as the notice of consideration under 
Subsection 
(24)(b)(ii)
.
(d)
A motion made under Subsection (24)(b) shall name each school under consideration 
for closure in a separate motion.
(e)
For a school closure, a local school board shall complete the process described in this 
Subsection (24) on or before December 31 of the calendar year preceding the 
beginning of the school year in which a school closure takes effect.
(f)
(i)
For a school boundary change, a local school board shall complete the process 
described in this Subsection (24) no more than 60 days after the day on which the 
local school board votes to approve a school closure.
(ii)
Parents of students enrolled in a school affected by a boundary change shall have 
at least 30 days after the day on which the local school board votes to approve a 
school boundary change to request an out of area enrollment request in accordance 
with Chapter 6, Part 4, School District Enrollment.
(25)
A local school board may implement a facility energy efficiency program established 
under Title 11, Chapter 44, Performance Efficiency Act.
(26)
A local school board may establish or partner with a certified youth court in 
accordance with Section 
80-6-902
 or establish or partner with a comparable restorative 
justice program, in coordination with schools in that district. A school may refer a 
student to a youth court or a comparable restorative justice program in accordance with 
Section 
53G-8-211
.
(27)
(a)
As used in this Subsection (27):
(i)
"Learning material" means any learning material or resource used to deliver or 
support a student's learning, including textbooks, reading materials, videos, digital 
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a local school board 
adopts and approves for use within the LEA.
(B)
"Instructional material" does not include learning material used in a 
concurrent enrollment, advanced placement, or international baccalaureate 
program or class or another class with required instructional material that is not 
subject to selection by the local school board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a local school board has not considered and adopted, approved, or prohibited 
for classroom use within the LEA.
(b)
A local school board shall:
(i)
make instructional material that the school district uses readily accessible and 
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the school district of how to 
access the information described in Subsection (27)(b)(i); and
(iii)
include on the school district's website information about how to access the 
information described in Subsection (27)(b)(i).
(c)
In selecting and approving instructional materials for use in the classroom, a local 
school board shall:
(i)
establish an open process, involving educators and parents of students enrolled in 
the LEA, to review and recommend instructional materials for board approval; and
(ii)
ensure that under the process described in Subsection (27)(c)(i), the board:
(A)
before the meetings described in Subsection (27)(c)(ii)(B), posts the 
recommended learning material online to allow for public review or, for 
copyrighted material, makes the recommended learning material available at 
the LEA for public review;
(B)
before adopting or approving the recommended instructional materials, holds 
at least two public meetings on the recommendation that provides an 
opportunity for educators whom the LEA employs and parents of students 
enrolled in the LEA to express views and opinions on the recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and 
regular board meeting.
(d)
A local school board shall adopt a supplemental materials policy that provides 
flexible guidance to educators on the selection of supplemental materials or resources 
that an educator reviews and selects for classroom use using the educator's 
professional judgment, including whether any process or permission is required 
before classroom use of the materials or resources.
(e)
If an LEA contracts with another party to provide online or digital materials, the 
LEA shall include in the contract a requirement that the provider give notice to the 
LEA any time that the provider makes a material change to the content of the online 
or digital materials, excluding regular informational updates on current events.
(f)
Nothing in this Subsection (27) requires a local school board to review all learning 
materials used within the LEA.
Section 6, Section 
53G-7-203
 is amended to read:
53G-7-203
Effective 
05/07/25
. Kindergartens -- Establishment -- Funding -- 
Assessment.
(1)
Kindergartens are an integral part of the state's public education system.
(2)
(a)
Each LEA governing board shall provide kindergarten classes free of charge for 
kindergarten children residing within the district or attending the charter school.
(b)
Each LEA governing board shall:
(i)
provide a half-day kindergarten option for a student that comprises the minimum 
standards for half-day kindergarten that the state board establishes, in accordance 
with Subsection (4)(a)(iii), if the student's parent requests a half-day option; and
(ii)
(A)
inform parents of the availability of the option to register for a designated 
full-curriculum half-day kindergarten option at the time of all kindergarten 
registration, by email, posters, or other announcements when a parent requests 
kindergarten registration; and
(B)
provide the option to register for a designated half-day kindergarten option at 
the time of registration;
(iii)
provide a dedicated kindergarten class specifically designated as a half-day 
kindergarten class when enrollment of half-day kindergarten students at an 
individual school or a regional school exceeds a minimum of 18 students;
(iv)
when enrollment of half-day kindergarten students at an individual school 
exceeds a minimum of 18 students, designate the school as a half-day 
kindergarten provider for the improvement of recruiting teachers that prefer 
half-day teaching;
(v)
inform parents regarding the additional educational resources and opportunities 
available to parents who select the half-day kindergarten option; and
(vi)
ensure that a half-day kindergarten student who is registered in a class that 
includes full-day kindergarten students receives instruction that at least meets the 
minimum standards for half-day kindergarten that the state board establishes, in 
accordance with Subsection (4)(a)(iii).
(c)
Nothing in this Subsection (2):
(i)
allows an LEA governing board to require a student to participate in a full-day 
kindergarten program;
(ii)
modifies the non-compulsory status of kindergarten under 
Title 53G, 
Chapter 6, 
Part 2, Compulsory Education; or
(iii)
requires a student who only attends a half day of kindergarten to participate in 
dual enrollment under Section 
53G-6-702
.
(3)
Kindergartens established under Subsection (2) shall receive state money under Title 
53F, Public Education System -- Funding.
(4)
(a)
The state board shall:
(i)
develop and collect data from a kindergarten assessment that the board selects by 
rule;
(ii)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, regarding the administration of and reporting regarding the 
assessment described in Subsection (4)(a)(i); and
(iii)
establish minimum standards for half-day kindergarten.
(b)
An LEA shall:
(i)
administer the assessment described in Subsection (4)(a) to each kindergarten 
student; and
(ii)
report to the state board the results of the assessment described in Subsection 
(4)(b)(i) in relation to each kindergarten student in the LEA.
(5)
The state board shall require LEAs to report average daily membership for all 
kindergarten students who attend kindergarten on a schedule that is equivalent in length 
to the schedule for grades 1 through 3 with the October 1 data described in Section 
53F-2-302
.
(6)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules to:
(a)
beginning with the 
2024-2025
2025-2026
 school year, require a student to be toilet 
trained before being enrolled in 
kindergarten
public school
;
(b)
establish requirements for an LEA's 
kindergarten 
enrollment process to include 
assurances from a parent that the parent's student is toilet trained;
 and
(c)
create a process for an LEA to follow when an enrolled student in kindergarten is 
found to not be toilet trained, including:
(i)
referring the student and the student's parent to a school social worker or 
counselor for additional family supports and resources;
(ii)
allowing a parent or the parent's adult designee to aid in toilet training as needed; 
and
(iii)
when needed, reintegration of a student once the student has become toilet 
trained; and
(d)
(c)
create exemptions from the requirement in Subsection (6)(a) for a student who is 
not able to be toilet trained before 
kindergarten
enrolling
 because of a condition
 that 
is subject to federal child find requirements or
 described in an IEP or Section 504 
accommodation plan.
Section 7, Section 
53G-7-218
 is amended to read:
53G-7-218
Effective 
05/07/25
. Establishment of early learning plan.
(1)
A local school board of a school district or a charter school governing board of a charter 
school that serves students in any of kindergarten or grades 1 through 3 shall annually 
submit to the state board an early learning plan that includes
:
(a)
the early mathematics plan described in Section 
53E-3-521
, including:
(i)
(a)
a growth goal for the school district or charter school that:
(A)
(i)
is based upon student learning gains as measured by the mathematics 
benchmark assessment described in Section 
53E-4-307.5
; and
(B)
(ii)
includes the target that the state board establishes under Section 
53E-3-521
; 
and
(ii)
(b)
one goal
two goals
 that:
(A)
(i)
is
are
 specific to the school district or charter school;
(B)
(ii)
is
are
 measurable;
(C)
(iii)
addresses
address
 current performance gaps in student mathematics 
proficiency based on data; and
(D)
(iv)
includes
include
 specific strategies for improving outcomes
; and
.
(b)
one additional goal related to literacy or mathematics that:
(i)
is specific to the school district or charter school;
(ii)
is measurable;
(iii)
addresses current performance gaps in student literacy or mathematics 
proficiency based on data; and
(iv)
includes specific strategies for improving outcomes.
(2)
A local school board or charter school governing board shall approve a plan described 
in Subsection (1) in a public meeting before submitting the plan to the state board.
(3)
(2)
(a)
The state board shall:
(i)
provide model plans that a local school board or a charter school governing board 
may use;
(ii)
develop uniform standards for acceptable growth goals that a local school board 
or a charter school governing board adopts for a school district or charter school 
under this section; and
(iii)
review and approve or disapprove a plan submitted under this section.
(b)
Notwithstanding Subsection 
(3)(a)
(2)(a)
, a local school board or a charter school 
governing board may develop the board's own plan.
(4)
(3)
The state board shall:
(a)
develop strategies to provide support for a school district or charter school that fails 
to meet:
(i)
the growth goal related to the state mathematics target described in Subsection 
(1)(a)(i)
(1)(a)
; and
(ii)
one of the goals specific to the school district or charter school described in 
Subsection 
(1)(a)(ii) or 
(1)(b); and
(b)
provide increasing levels of support to a school district or charter school that fails to 
meet the combination of goals described in Subsection 
(4)(a) for two consecutive 
years
(3)(a)
.
(5)
(a)
The state board shall use a digital reporting platform to provide information to 
school districts and charter schools about interventions that increase proficiency in 
literacy and mathematics.
(b)
The digital reporting platform described in Subsection (5)(a) shall include 
performance information for a school district or charter school on the goals described 
in Subsection (1).
Section 8, Section 
53G-7-503
 is amended to read:
53G-7-503
Effective 
05/07/25
. Fees -- Prohibitions -- Voluntary supplies -- 
Enforcement -- Penalties.
(1)
An LEA may only charge a fee if the fee is: 
(a)
authorized under this part; and
(b)
 noticed by the LEA governing board in accordance with Section 
53G-7-505
.
(2)
(a)
An LEA may not require a fee for elementary school activities that are part of the 
regular school day or for supplies used during the regular school day.
(b)
An elementary school or elementary school teacher may compile and provide to an 
elementary school student's parent a suggested list of supplies for use during the 
regular school day so that a parent may furnish, only on a voluntary basis, those 
supplies for student use.
(c)
A list provided to an elementary school student's parent in accordance with Subsection 
(2)(b) shall include and be preceded by the following language:
"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR 
SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS, 
OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
(3)
Beginning with the 2025-2026 school year:
(a)
an LEA may not charge a secondary student a fee for a curricular activity or a 
co-curricular activity 
that
if the activity
 is 
expressly 
required for the instruction of 
established core standards as described in Section 
53E-4-202
 or 
53E-4-204
,
 and that 
is not an elective,
 except for the following:
(i)
an elective, including a course for which a student earns credit toward a fine arts 
requirement under the standards described in Subsection 
53E-4-204(2)
;
(i)
(ii)
instructional equipment or supplies;
(ii)
(iii)
a driver education course described in Section 
53G-10-503
;
(iii)
(iv)
a payment for a fee for:
(A)
open enrollment application processing in accordance with Section 
53G-6-402
;
(B)
charter school application processing in accordance with Section 
53G-6-503
; 
or
(C)
competency remediation programs in accordance with Section 
53G-9-803
;
(iv)
(v)
a fee described in Subsection 
(5)
(4)
;
(v)
(vi)
a music instrument rental; or
(vi)
(vii)
school activity clothing;
(b)
for that portion of a co-curricular activity that is during regular school hours, an LEA 
may only charge a secondary student for the fees described in Subsection (3)(a); and
(c)
an LEA may charge a secondary student a fee for a co-curricular activity or 
extracurricular activity, including the life-cycle replacement costs for school 
equipment directly related to the co-curricular or extracurricular activity.
(4)
An LEA may charge a secondary student:
(a)
or an individual, a fee for an adult education course in accordance with Section 
53E-10-202
; or
(b)
a fee for tuition, college credit, an exam, or a textbook, as described in Section 
53G-7-506
, for:
(i)
an Advanced Placement course;
(ii)
an International Baccalaureate course; or
(iii)
a concurrent enrollment course, as described in Section 
53E-10-302
.
(5)
An LEA may not charge a fee, except as provided in Subsection (3)(c):
(a)
for school equipment; or
(b)
that is general in nature and for a service or good that does not have a direct benefit 
to the student paying the fee.
(6)
An LEA governing board shall authorize each fee individually.
(7)
(a)
If an LEA imposes a fee under this part, the fee shall be equal to or less than the 
expense incurred by the LEA in providing for a student the activity, course, or 
program for which the LEA imposes the fee.
(b)
An LEA may not impose an additional fee or increase a fee to supplant or subsidize 
another fee, including a fee to supplant or subsidize an expense that the LEA incurs 
for:
(i)
a curricular activity; or
(ii)
an expense for the portion of a co-curricular activity that occurs during regular 
school hours.
(8)
Notwithstanding Section 
53E-3-401
, if the state board finds that an LEA has violated a 
provision of this part, the state board shall impose corrective action against the LEA, 
which may include:
(a)
requiring an LEA to repay improperly charged fees;
(b)
withholding state funds; or
(c)
suspending the LEA's authority to charge fees for an amount of time specified by the 
state board.
(9)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules:
(a)
that require notice and an opportunity to be heard for an LEA affected by a state 
board action described in this Subsection (9); and
(b)
to administer this Subsection (9).
Section 9. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
(2)
The actions affecting Section 
53F-2-504
 (Effective 7/1/2025) take effect on July 1, 2025.
3-6-25 1:55 PM