Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 497 (2025GS)

Sponsor

Rep. Hall, Katy

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the state board to:
• use an existing compliance framework to address reports or allegations of noncompliance;
• develop a system to address complaints to the Utah Professional Practices Advisory Commission in a timely and expedient manner; and
• publish information related to state board meetings on the state board's website;
• may require the state board to issue a report;
• requires a school district or charter school to provide information to the state board that is necessary for the state board to fulfill a statutory data gathering, compliance, or reporting requirement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

38
53E-3-401
53E-3-525
53E-6-506
53G-4-402
53G-5-404
0
Public Education Compliance
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Chris H. Wilson
LONG TITLE
General Description:
This bill amends and enacts provisions expanding the authority of the State Board of 
Education (state board) to address transparency and local education agency compliance.
Highlighted Provisions:
This bill:
requires the state board to:
use an existing compliance framework to address reports or allegations of 
noncompliance;
develop a system to address complaints to the Utah Professional Practices Advisory 
Commission in a timely and expedient manner; and
publish information related to state board meetings on the state board's website;
may require the state board to issue a report;
requires a school district or charter school to provide information to the state board that is 
necessary for the state board to fulfill a statutory data gathering, compliance, or 
reporting requirement; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-401
, as last amended by Laws of Utah 2020, Chapters 253, 408
53E-6-506
, as last amended by Laws of Utah 2024, Chapter 20
53G-4-402
, as last amended by Laws of Utah 2024, Chapters 67, 476
53G-5-404
, as last amended by Laws of Utah 2024, Chapter 63
ENACTS:
53E-3-525
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53E-3-401
 is amended to read:
53E-3-401
. Powers of the state board -- Adoption of rules -- Enforcement -- 
Attorney.
(1)
As used in this section:
(a)
"Education entity" means:
(i)
an entity that receives a distribution of state funds through a grant program 
managed by 
the state board under this public education code; 
(ii)
an entity that enters into a contract with the state board to provide an educational 
good or 
service;
(iii)
a school district;
(iv)
a charter school; or
(v)
a regional education service agency, as that term is defined in Section 
53G-4-410
. 
(b)
"Educational good or service" means a good or service that is required or regulated 
under:
(i)
this public education code; or
(ii)
a rule, made in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, and authorized under this public education code.
(2)
(a)
The state board has general control and supervision of the state's public education 
system.
(b)
"General control and supervision" as used in 
Utah Constitution, Article X, Section 3
, 
means directed to the whole system.
(3)
The state board may not govern, manage, or operate school districts, institutions, and 
programs, unless granted that authority by statute.
(4)
(a)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the state board may make rules to execute the state board's duties and responsibilities 
under the Utah Constitution and state law.
(b)
The state board may delegate the state board's statutory duties and responsibilities to 
state board employees.
(5)
(a)
The state board may sell any interest it holds in real property upon a finding by 
the state board that the property interest is surplus.
(b)
The state board may use the money it receives from a sale under Subsection 
(5)(a)
for capital improvements, equipment, or materials, but not for personnel or ongoing 
costs.
(c)
If the property interest under Subsection 
(5)(a)
 was held for the benefit of an agency 
or institution administered by the state board, the money may only be used for 
purposes related to the agency or institution.
(d)
The state board shall advise the Legislature of any sale under Subsection 
(5)(a)
 and 
related matters during the next following session of the Legislature.
(6)
The state board shall develop policies and procedures related to federal educational 
programs in accordance with 
Part 8, Implementing Federal or National Education 
Programs
.
(7)
On or before December 31, 2010, the state board shall review mandates or requirements 
provided for in state board rule to determine whether certain mandates or requirements 
could be waived to remove funding pressures on public schools on a temporary basis.
(8)
(a)
The state board shall provide procedures for addressing and resolving compliance 
and monitoring issues related to this public education code, federal law, or rules, 
including:
(i)
creating methods to review and investigate alleged compliance issues;
(ii)
creating clear procedures for corrective action plans;
(iii)
allowing for an appeals process; and
(iv)
addressing contractual and non-contractual issues.
(a)
(b)
If an education entity violates this public education code or rules authorized 
under this public education code, the state board may, in accordance with the rules 
described in Subsection 
(8)(c)
(8)(d)
:
(i)
require the education entity to enter into a corrective action agreement with the 
state board;
(ii)
temporarily or permanently withhold state funds from the education entity;
(iii)
require the education entity to pay a penalty;
 or
(iv)
require the education entity to reimburse specified state funds to the state board
.
;
(v)
require additional reporting or monitoring;
(vi)
refer the complaint, evidence, and findings to the attorney general's office or the 
relevant district attorney's office;
(vii)
require the education entity to hire a third-party provider to provide services the 
state board determines necessary;
(viii)
require reimbursement from the education entity instead of future allocations 
from the state board;
(ix)
require a follow-up investigation;
(x)
refer the violation and corresponding evidence to the state auditor or the 
legislative auditor general, if the violation relates to finances;
(xi)
request additional evidence of compliance; or
(xii)
take other action the state board deems appropriate.
(b)
(c)
Except for temporarily withheld funds, if the state board collects state funds 
under Subsection 
(8)(a)
(8)(b)
, the state board shall pay the funds into the Uniform 
School Fund.
(c)
(d)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
the state board shall make rules:
(i)
that require notice and an opportunity to be heard for an education entity affected 
by a state board action described in Subsection 
(8)(a)
(8)(b)
; and
(ii)
to administer this Subsection 
(8)
.
(d)
(e)
(i)
An individual may bring a violation of statute or state board rule to the 
attention of the state board in accordance with a process described in rule adopted 
by the state board.
(ii)
If the state board identifies a violation of statute or state board rule as a result of 
the process described in Subsection 
(8)(d)(i)
(8)(e)(i)
, the state board may take 
action in accordance with this section. 
(e)
The state board shall report criminal conduct of an education entity to the district 
attorney of the county where the education entity is located.
(9)
The state board may audit the use of state funds by an education entity that receives 
those state funds as a distribution from the state board.
(10)
The state board may require, by rule made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, that if an LEA contracts with a third party 
contractor for an educational good or service, the LEA shall require in the contract that 
the third party contractor shall provide, upon request of the LEA, information necessary 
for the LEA to verify that the educational good or service complies with:
(a)
this public education code; and
(b)
state board rule authorized under this public education code.
(11)
(a)
The state board may appoint an attorney to provide legal advice to the state 
board and coordinate legal affairs for the state board and the state board's employees.
(b)
An attorney described in Subsection 
(11)(a)
 shall cooperate with the Office of the 
Attorney General.
(c)
An attorney described in Subsection 
(11)(a)
 may not:
(i)
conduct litigation;
(ii)
settle claims covered by the Risk Management Fund created in Section 
63A-4-201
; 
or
(iii)
issue formal legal opinions.
(12)
The state board shall ensure that any training or certification that an employee of the 
public education system is required to complete under this title or by rule complies with 
Title 63G, Chapter 22, State Training and Certification Requirements
.
Section 2, Section 
53E-3-525
 is enacted to read:
53E-3-525
. State board transparency.
(1)
Beginning January 1, 2027, the state board shall:
(a)
publish on the state board's website a record of each vote by the state board, 
including:
(i)
the date, time, and place of the meeting;
(ii)
the subject of the vote;
(iii)
the names of state board members present and absent;
(iv)
the result of the vote, including each board member's individual vote; and
(v)
the audio or video associated with the vote;
(b)
distribute a contract the state board intends to consider at a meeting to each state 
board member at least five days before the date on which the meeting is scheduled to 
occur;
(c)
ensure the information described in Subsection 
(1)(a)
 is accessible through a single 
click from the state board's home webpage; and
(d)
post the information required by Subsection 
(1)(a)
 within seven business days after a 
vote.
(2)
In accordance with Title 36, Chapter 35, Rules Review and General Oversight 
Committee, the Rules Review and General Oversight Committee may request a report 
from the state board detailing the:
(a)
implementation of the requirements of this section; and
(b)
the state board's compliance with the requirements of this section.
Section 3, 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, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to establish UPPAC duties and procedures
.
, including 
a system to address UPPAC complaints in a timely and expedient manner.
Section 4, Section 
53G-4-402
 is amended to read:
53G-4-402
. Powers and duties generally.
(1)
A local school board shall:
(a)
implement the core standards for Utah public schools using instructional materials 
that best correlate to the core standards for Utah public schools and graduation 
requirements;
(b)
administer tests, required by the state board, which measure the progress of each 
student, and coordinate with the state superintendent and state board to assess results 
and create plans to improve the student's progress, which shall be submitted to the 
state board for approval;
(c)
use progress-based assessments as part of a plan to identify schools, teachers, and 
students that need remediation and determine the type and amount of federal, state, 
and local resources to implement remediation;
(d)
for each grading period and for each course in which a student is enrolled, issue a 
grade or performance report to the student:
(i)
that reflects the student's work, including the student's progress based on mastery, 
for the grading period; and
(ii)
in accordance with the local school board's adopted grading or performance 
standards and criteria;
(e)
develop early warning systems for students or classes failing to make progress;
(f)
work with the state board to establish a library of documented best practices, 
consistent with state and federal regulations, for use by the 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)
Except as provided in Section 
53E-3-905
, a local school board may enroll children in 
school who are at least five years old before September 2 of the year in which admission 
is sought.
(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.
(28)
If information, data, or action from a school district is necessary for the state board to 
fulfill a statutory data gathering, compliance, or reporting requirement, a local school 
board shall provide the relevant information, data, or action, subject to enforcement 
under Section 
53E-3-401
.
Section 5, Section 
53G-5-404
 is amended to read:
53G-5-404
. Requirements for charter schools.
(1)
A charter school shall be nonsectarian in the charter school's programs, admission 
policies, employment practices, and operations.
(2)
A charter school may not charge tuition or fees, except those fees normally charged by 
other public schools.
(3)
A charter school shall meet all applicable federal, state, and local health, safety, and 
civil rights requirements.
(4)
(a)
A charter school shall:
(i)
make the same annual reports required of other public schools under this public 
education code, including an annual financial audit report described in Section 
53G-4-404
;
(ii)
ensure that the charter school meets the data and reporting standards described in 
Section 
53E-3-501
; and
(iii)
use fund and program accounting methods and standardized account codes 
capable of producing financial reports that comply with:
(A)
generally accepted accounting principles;
(B)
the financial reporting requirements applicable to LEAs established by the 
state board under Section 
53E-3-501
; and
(C)
accounting report standards established by the state auditor as described in 
Section 
51-2a-301
.
(b)
Before, and as a condition for opening a charter school:
(i)
a charter school shall:
(A)
certify to the authorizer that the charter school's accounting methods meet the 
requirements described in Subsection (4)(a)(iii); or
(B)
if the authorizer requires, conduct a performance demonstration to verify that 
the charter school's accounting methods meet the requirements described in 
Subsection (4)(a)(iii); and
(ii)
the authorizer shall certify to the state board that the charter school's accounting 
methods meet the requirements described in Subsection (4)(a)(iii).
(c)
A charter school shall file the charter school's annual financial audit report with the 
Office of the State Auditor within six months of the end of the fiscal year.
(d)
For the limited purpose of compliance with federal and state law governing use of 
public education funds, including restricted funds, and making annual financial audit 
reports under this section, a charter school is a government entity governed by the 
public education code.
(5)
(a)
A charter school shall be accountable to the charter school's authorizer for 
performance as provided in the charter school's charter agreement.
(b)
To measure the performance of a charter school, an authorizer may use data 
contained in:
(i)
the charter school's annual financial audit report;
(ii)
a report submitted by the charter school as required by statute; or
(iii)
a report submitted by the charter school as required by the charter school's 
charter agreement.
(c)
A charter school authorizer may not impose performance standards, except as 
permitted by statute, that limit, infringe, or prohibit a charter school's ability to 
successfully accomplish the purposes of charter schools as provided in Section 
53G-5-104
 or as otherwise provided in law.
(6)
A charter school may not advocate unlawful behavior.
(7)
Except as provided in Section 
53G-5-305
, a charter school shall be organized and 
managed in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation 
Act, upon the charter school's authorization.
(8)
A charter school shall provide adequate liability and other appropriate insurance, 
including:
(a)
general liability, errors and omissions, and directors and officers liability coverage 
through completion of the closure of a charter school in accordance with Section 
53G-5-504
; and
(b)
tail coverage or closeout insurance covering at least one year after closure of the 
charter school.
(9)
A charter school may not employ an educator whose license is suspended or revoked by 
the state board under Section 
53E-6-604
.
(10)
(a)
Each charter school shall register and maintain the charter school's registration as 
a limited purpose entity, in accordance with Section 
67-1a-15
.
(b)
A charter school that fails to comply with Subsection (10)(a) or Section 
67-1a-15
 is 
subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
(c)
If a charter school is an operating charter school with affiliated satellite charter 
schools, as defined in Section 
53G-5-303
:
(i)
the operating charter school shall register as a limited purpose entity as defined in 
Section 
67-1a-15
;
(ii)
each affiliated satellite charter school is not required to register separately from 
the operating charter school; and
(iii)
the operating charter school shall:
(A)
register on behalf of each affiliated satellite charter school; and
(B)
when submitting entity registry information in accordance with Section 
67-1a-15
 on behalf of each affiliated satellite charter school, identify and 
distinguish registry information for each affiliated satellite, including the 
address of each affiliated satellite charter school and the name and contact 
information of a primary contact for each affiliated satellite charter school.
(11)
(a)
As used in this Subsection (11), "contracting entity" means a person with which 
a charter school contracts.
(b)
A charter school shall provide to the charter school's authorizer any information or 
documents requested by the authorizer, including documents held by a subsidiary of 
the charter school or a contracting entity:
(i)
to confirm the charter school's compliance with state or federal law governing the 
charter school's finances or governance; or
(ii)
to carry out the authorizer's statutory obligations, including liquidation and 
assignment of assets, and payment of debt in accordance with state board rule, as 
described in Section 
53G-5-504
.
(c)
A charter school shall comply with a request described in Subsection (11)(b), 
including after an authorizer recommends closure of the charter school or terminates 
the charter school's contract.
(d)
Documents held by a contracting entity or subsidiary of a charter school that are 
necessary to demonstrate the charter school's compliance with state or federal law are 
the property of the charter school.
(e)
A charter school shall include in an agreement with a subsidiary of the charter school 
or a contracting entity a provision that stipulates that documents held by the 
subsidiary or a contracting entity, that are necessary to demonstrate the charter 
school's financial compliance with federal or state law, are the property of the charter 
school.
(12)
For each grading period and for each course in which a student is enrolled, a charter 
school shall issue a grade or performance report to the student:
(a)
that reflects the student's work, including the student's progress based on mastery, for 
the grading period; and
(b)
in accordance with the charter school's adopted grading or performance standards 
and criteria.
(13)
(a)
As used in this Subsection (13):
(i)
"Learning material" means any learning material or resource used to deliver or 
support a student's learning, including textbooks, reading materials, videos, digital 
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a charter school 
governing board adopts and approves for use within the charter school.
(B)
"Instructional material" does not include learning material used in a 
concurrent enrollment, advanced placement, or international baccalaureate 
program or class, or another class with required instructional material that is 
not subject to selection by the charter school governing board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a charter school governing board has not considered and adopted, approved, or 
prohibited for classroom use within the charter school.
(b)
A charter school shall:
(i)
make instructional material that the charter school uses readily accessible and 
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the charter school of how to 
access the information described in Subsection (13)(b)(i); and
(iii)
include on the charter school's website information about how to access the 
information described in Subsection (13)(b)(i).
(c)
In selecting and approving instructional materials for use in the classroom, a charter 
school governing board shall:
(i)
establish an open process, involving educators and parents of students enrolled in 
the charter school, to review and recommend instructional materials for board 
approval; and
(ii)
ensure that under the process described in Subsection (13)(c)(i), the charter 
school governing board:
(A)
before the public meetings described in Subsection (13)(c)(ii)(B), posts the 
recommended learning materials online to allow for public review or, for 
copyrighted material, makes the recommended learning material available at 
the charter school for public review;
(B)
before adopting or approving the recommended instructional materials, holds 
at least two public meetings on the recommendation that provide an 
opportunity for educators whom the charter school employs and parents of 
students enrolled in the charter school to express views and opinions on the 
recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and 
regular board meeting.
(d)
A charter school governing board shall adopt a supplemental materials policy that 
provides flexible guidance to educators on the selection of supplemental materials or 
resources that an educator reviews and selects for classroom use using the educator's 
professional judgment, including whether any process or permission is required 
before classroom use of the materials or resources.
(e)
If a charter school contracts with another party to provide online or digital materials, 
the charter school shall include in the contract a requirement that the provider give 
notice to the charter school any time that the provider makes a material change to the 
content of the online or digital materials, excluding regular informational updates on 
current events.
(f)
Nothing in this Subsection (13) requires a charter school governing board to review 
all learning materials used within the charter school.
(14)
If information, data, or action from a charter school is necessary for the state board to 
fulfill a statutory data gathering, compliance, or reporting requirement, a local school 
board shall provide the relevant information, data, or action, subject to enforcement 
under Section 
53E-3-401
.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:59 PM