Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 66 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definitions of classified school employee and classified employee to "education support professional"; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

10
49-11-205
49-12-102
49-13-102
49-22-102
53E-1-203
53G-10-402
53G-11-205
53G-11-519
School Personnel Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Norman K Thurston
LONG TITLE
General Description:
This bill amends the definition of certain school employees to "education support 
professional."
Highlighted Provisions:
This bill:
amends the definitions of classified school employee and classified employee to 
"education support professional"; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
49-11-205
, as last amended by Laws of Utah 2023, Chapter 16
49-12-102
, as last amended by Laws of Utah 2022, Chapter 171
49-13-102
, as last amended by Laws of Utah 2022, Chapter 171
49-22-102
, as last amended by Laws of Utah 2022, Chapter 171
53E-1-203
, as last amended by Laws of Utah 2024, Chapter 460
53G-10-402
, as last amended by Laws of Utah 2024, Chapters 20, 507
53G-11-205
, as last amended by Laws of Utah 2019, Chapter 293
53G-11-519
, as last amended by Laws of Utah 2024, Chapter 484
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
49-11-205
 is amended to read:
49-11-205. Membership Council established -- Members -- Chair -- Duties -- 
Expenses and per diem.
(1)
There is established a 
A 
Membership Council 
is established 
to perform the duties 
under Subsection 
(5)
.
(2)
The Membership Council shall be composed of 15 council members selected as follows:
(a)
three council members shall be school employees selected by the governing board of 
an association representative of a majority of school employees who are members of 
a system administered by the board;
(b)
one council member shall be 
a classified school employee
an education support 
professional
 selected by the governing board of the association representative of a 
majority of 
classified school employees
education support professionals
 who are 
members of a system administered by the board;
(c)
two council members shall be public employees selected by the governing board of 
the association representative of a majority of the public employees who are 
members of a system administered by the board;
(d)
one council member shall be a municipal officer or employee selected by the 
governing board of the association representative of a majority of the municipalities 
who participate in a system administered by the board;
(e)
one council member shall be a county officer or employee selected by the governing 
board of the association representative of a majority of counties who participate in a 
system administered by the board;
(f)
one council member shall be a representative of members of the Judges' 
Noncontributory Retirement System selected by the Judicial Council;
(g)
one council member shall be a representative of members of the Public Safety 
Retirement Systems selected by the governing board of the association representative 
of the majority of peace officers who are members of the Public Safety Retirement 
Systems;
(h)
one council member shall be a representative of members of the Firefighters' 
Retirement System selected by the governing board of the association representative 
of the majority of paid professional firefighters who are members of the Firefighters' 
Retirement System;
(i)
one council member shall be a retiree selected by the governing board of the 
association representing the largest number of retirees, who are not public education 
retirees, from the Public Employees' Contributory, Public Employees' 
Noncontributory, and New Public Employees' Tier II Contributory Retirement 
Systems;
(j)
one council member shall be a retiree selected by the governing board of the 
association representing the largest number of public education retirees;
(k)
one council member shall be a school business official selected by the governing 
board of the association representative of a majority of the school business officials 
from public education employers who participate in a system administered by the 
board; and
(l)
one council member shall be a special district officer or employee selected by the 
governing board of the association representing the largest number of special service 
districts and special districts who participate in a system administered by the board.
(3)
(a)
Each entity granted authority to select council members under Subsection 
(2)
 may 
also revoke the selection at any time.
(b)
Each term on the council shall be for a period of four years, subject to Subsection 
(3)(a)
.
(c)
Each term begins on July 1 and expires on June 30.
(d)
When a vacancy occurs on the council for any reason, the replacement shall be 
selected for the remainder of the unexpired term.
(4)
The council shall annually designate one council member as chair.
(5)
The council shall:
(a)
recommend to the board and to the Legislature benefits and policies for members of 
any system or plan administered by the board;
(b)
recommend procedures and practices to improve the administration of the systems 
and plans and the public employee relations responsibilities of the board and office;
(c)
examine the record of all decisions affecting retirement benefits made by a hearing 
officer under Section 
49-11-613
;
(d)
submit nominations to the board for the position of executive director if that position 
is vacant;
(e)
advise and counsel with the board and the director on policies affecting members of 
the various systems administered by the office; and
(f)
perform other duties assigned to it by the board.
(6)
A member of the council may not receive compensation or benefits for the member's 
service, but may receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
Section 2, Section 
49-12-102
 is amended to read:
49-12-102. Definitions.
As used in this chapter:
(1)
(a)
"Benefits normally provided" means a benefit offered by an employer, including:
(i)
a leave benefit of any kind;
(ii)
insurance coverage of any kind if the employer pays some or all of the premium 
for the coverage;
(iii)
employer contributions to a health savings account, health reimbursement 
account, health reimbursement arrangement, or medical expense reimbursement 
plan; and
(iv)
a retirement benefit of any kind if the employer pays some or all of the cost of 
the benefit.
(b)
"Benefits normally provided" does not include:
(i)
a payment for social security;
(ii)
workers' compensation insurance;
(iii)
unemployment insurance;
(iv)
a payment for Medicare;
(v)
a payment or insurance required by federal or state law that is similar to a 
payment or insurance listed in Subsection 
(1)(b)(i)
, 
(ii)
, 
(iii)
, or 
(iv)
;
(vi)
any other benefit that state or federal law requires an employer to provide an 
employee who would not otherwise be eligible to receive the benefit; or
(vii)
any benefit that an employer provides an employee in order to avoid a penalty or 
tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 
and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, 
and related federal regulations, including a penalty imposed by Internal Revenue 
Code, Section 4980H.
(2)
(a)
"Compensation" means the total amount of payments made by a participating 
employer to a member of this system for services rendered to the participating 
employer, including:
(i)
bonuses;
(ii)
cost-of-living adjustments;
(iii)
other payments currently includable in gross income and that are subject to social 
security deductions, including any payments in excess of the maximum amount 
subject to deduction under social security law;
(iv)
amounts that the member authorizes to be deducted or reduced for salary deferral 
or other benefits authorized by federal law; and
(v)
member contributions.
(b)
"Compensation" for purposes of this chapter may not exceed the amount allowed 
under Internal Revenue Code, Section 401(a)(17).
(c)
"Compensation" does not include:
(i)
the monetary value of remuneration paid in kind, including a residence or use of 
equipment;
(ii)
the cost of any employment benefits paid for by the participating employer;
(iii)
compensation paid to a temporary employee, an exempt employee, or an 
employee otherwise ineligible for service credit;
(iv)
any payments upon termination, including accumulated vacation, sick leave 
payments, severance payments, compensatory time payments, or any other special 
payments;
(v)
any allowances or payments to a member for costs or expenses paid by the 
participating employer, including automobile costs, uniform costs, travel costs, 
tuition costs, housing costs, insurance costs, equipment costs, and dependent care 
costs; or
(vi)
a teacher salary bonus described in Section 
53F-2-513
.
(d)
The executive director may determine if a payment not listed under this Subsection 
(2)
 falls within the definition of compensation.
(3)
(a)
"Final average salary" means the amount calculated by averaging the highest five 
years of annual compensation preceding retirement subject to Subsections 
(3)(b)
, 
(c)
, 
(d)
, 
(e)
, and 
(f)
.
(b)
Except as provided in Subsection 
(3)(c)
, the percentage increase in annual 
compensation in any one of the years used may not exceed the previous year's 
compensation by more than 10% plus a cost-of-living adjustment equal to the 
decrease in the purchasing power of the dollar during the previous year, as measured 
by a United States Bureau of Labor Statistics Consumer Price Index average as 
determined by the board.
(c)
In cases where the participating employer provides acceptable documentation to the 
office, the limitation in Subsection 
(3)(b)
 may be exceeded if:
(i)
the member has transferred from another agency; or
(ii)
the member has been promoted to a new position.
(d)
If the member retires more than six months from the date of termination of 
employment, the member is considered to have been in service at the member's last 
rate of pay from the date of the termination of employment to the effective date of 
retirement for purposes of computing the member's final average salary only.
(e)
If the member has less than five years of service credit in this system, final average 
salary means the average annual compensation paid to the member during the full 
period of service credit.
(f)
The annual compensation used to calculate final average salary shall be based on a 
period, as determined by the board, consistent with the period used to determine 
years of service credit in accordance with Subsection 
(7)
.
(4)
"Participating employer" means an employer that meets the participation requirements 
of Sections 
49-12-201
 and 
49-12-202
.
(5)
(a)
"Regular full-time employee" means an employee:
(i)
whose term of employment for a participating employer contemplates continued 
employment during a fiscal or calendar year;
(ii)
whose employment normally requires an average of 20 hours or more per week, 
except as modified by the board; and
(iii)
who receives benefits normally provided by the participating employer.
(b)
"Regular full-time employee" includes:
(i)
a teacher whose term of employment for a participating employer contemplates 
continued employment during a school year and who teaches half-time or more;
(ii)
a classified school employee
an education support professional
:
(A)
who is hired before July 1, 2013; and
(B)
whose employment normally requires an average of 20 hours per week or 
more for a participating employer, regardless of benefits provided;
(iii)
an officer, elective or appointive, who earns $500 or more per month, indexed as 
of January 1, 1990, as provided in Section 
49-12-407
;
(iv)
a faculty member or employee of an institution of higher education who is 
considered full-time by that institution of higher education; and
(v)
an individual who otherwise meets the definition of this Subsection 
(5)
 who 
performs services for a participating employer through a professional employer 
organization or similar arrangement.
(c)
"Regular full-time employee" does not include 
a classified school employee
an 
education support professional
:
(i)
(A)
who is hired on or after July 1, 2013; and
(B)
who does not receive benefits normally provided by the participating 
employer even if the employment normally requires an average of 20 hours per 
week or more for a participating employer;
(ii)
(A)
who is hired before July 1, 2013;
(B)
who did not qualify as a regular full-time employee before July 1, 2013;
(C)
who does not receive benefits normally provided by the participating 
employer; and
(D)
whose employment hours are increased on or after July 1, 2013, to require an 
average of 20 hours per week or more for a participating employer; or
(iii)
who is a person working on a contract:
(A)
for the purposes of vocational rehabilitation and the employment and training 
of people with significant disabilities; and
(B)
that has been set aside from procurement requirements by the state pursuant to 
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 
et seq.
(6)
"System" means the Public Employees' Contributory Retirement System created under 
this chapter.
(7)
"Years of service credit" means:
(a)
a period consisting of 12 full months as determined by the board;
(b)
a period determined by the board, whether consecutive or not, during which a regular 
full-time employee performed services for a participating employer, including any 
time the regular full-time employee was absent on a paid leave of absence granted by 
a participating employer or was absent in the service of the United States government 
on military duty as provided by this chapter; or
(c)
the regular school year consisting of not less than eight months of full-time service 
for a regular full-time employee of an educational institution.
Section 3, Section 
49-13-102
 is amended to read:
49-13-102. Definitions.
As used in this chapter:
(1)
"Benefits normally provided" means the same as that term is defined in Section 
49-12-102
.
(2)
(a)
"Compensation" means the total amount of payments made by a participating 
employer to a member of this system for services rendered to the participating 
employer, including:
(i)
bonuses;
(ii)
cost-of-living adjustments;
(iii)
other payments currently includable in gross income and that are subject to social 
security deductions, including any payments in excess of the maximum amount 
subject to deduction under social security law; and
(iv)
amounts that the member authorizes to be deducted or reduced for salary deferral 
or other benefits authorized by federal law.
(b)
"Compensation" for purposes of this chapter may not exceed the amount allowed 
under Internal Revenue Code, Section 401(a)(17).
(c)
"Compensation" does not include:
(i)
the monetary value of remuneration paid in kind, including a residence or use of 
equipment;
(ii)
the cost of any employment benefits paid for by the participating employer;
(iii)
compensation paid to a temporary employee, an exempt employee, or an 
employee otherwise ineligible for service credit;
(iv)
any payments upon termination, including accumulated vacation, sick leave 
payments, severance payments, compensatory time payments, or any other special 
payments;
(v)
any allowances or payments to a member for costs or expenses paid by the 
participating employer, including automobile costs, uniform costs, travel costs, 
tuition costs, housing costs, insurance costs, equipment costs, and dependent care 
costs; or
(vi)
a teacher salary bonus described in Section 
53F-2-513
.
(d)
The executive director may determine if a payment not listed under this Subsection 
(2)
 falls within the definition of compensation.
(3)
(a)
"Final average salary" means the amount calculated by averaging the highest three 
years of annual compensation preceding retirement subject to Subsections 
(3)(b)
, 
(c)
, 
(d)
, and 
(e)
.
(b)
Except as provided in Subsection 
(3)(c)
, the percentage increase in annual 
compensation in any one of the years used may not exceed the previous year's 
compensation by more than 10% plus a cost-of-living adjustment equal to the 
decrease in the purchasing power of the dollar during the previous year, as measured 
by a United States Bureau of Labor Statistics Consumer Price Index average as 
determined by the board.
(c)
In cases where the participating employer provides acceptable documentation to the 
office, the limitation in Subsection 
(3)(b)
 may be exceeded if:
(i)
the member has transferred from another agency; or
(ii)
the member has been promoted to a new position.
(d)
If the member retires more than six months from the date of termination of 
employment and for purposes of computing the member's final average salary only, 
the member is considered to have been in service at the member's last rate of pay 
from the date of the termination of employment to the effective date of retirement.
(e)
The annual compensation used to calculate final average salary shall be based on a 
period, as determined by the board, consistent with the period used to determine 
years of service credit in accordance with Subsection 
(7)
.
(4)
"Participating employer" means an employer that meets the participation requirements 
of Sections 
49-13-201
 and 
49-13-202
.
(5)
(a)
"Regular full-time employee" means an employee:
(i)
whose term of employment for a participating employer contemplates continued 
employment during a fiscal or calendar year;
(ii)
whose employment normally requires an average of 20 hours or more per week, 
except as modified by the board; and
(iii)
who receives benefits normally provided by the participating employer.
(b)
"Regular full-time employee" includes:
(i)
a teacher whose term of employment for a participating employer contemplates 
continued employment during a school year and who teaches half time or more;
(ii)
a classified school employee
an education support professional
:
(A)
who is hired before July 1, 2013; and
(B)
whose employment normally requires an average of 20 hours per week or 
more for a participating employer, regardless of benefits provided;
(iii)
an officer, elective or appointive, who earns $500 or more per month, indexed as 
of January 1, 1990, as provided in Section 
49-13-407
;
(iv)
a faculty member or employee of an institution of higher education who is 
considered full time by that institution of higher education; and
(v)
an individual who otherwise meets the definition of this Subsection 
(5)
 who 
performs services for a participating employer through a professional employer 
organization or similar arrangement.
(c)
"Regular full-time employee" does not include 
a classified school employee
an 
education support professional
:
(i)
(A)
who is hired on or after July 1, 2013; and
(B)
who does not receive benefits normally provided by the participating 
employer even if the employment normally requires an average of 20 hours per 
week or more for a participating employer;
(ii)
(A)
who is hired before July 1, 2013;
(B)
who did not qualify as a regular full-time employee before July 1, 2013;
(C)
who does not receive benefits normally provided by the participating 
employer; and
(D)
whose employment hours are increased on or after July 1, 2013, to require an 
average of 20 hours per week or more for a participating employer; or
(iii)
who is a person working on a contract:
(A)
for the purposes of vocational rehabilitation and the employment and training 
of people with significant disabilities; and
(B)
that has been set aside from procurement requirements by the state pursuant to 
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 
et seq.
(6)
"System" means the Public Employees' Noncontributory Retirement System.
(7)
"Years of service credit" means:
(a)
a period consisting of 12 full months as determined by the board;
(b)
a period determined by the board, whether consecutive or not, during which a regular 
full-time employee performed services for a participating employer, including any 
time the regular full-time employee was absent on a paid leave of absence granted by 
a participating employer or was absent in the service of the United States government 
on military duty as provided by this chapter; or
(c)
the regular school year consisting of not less than eight months of full-time service 
for a regular full-time employee of an educational institution.
Section 4, Section 
49-22-102
 is amended to read:
49-22-102. Definitions.
As used in this chapter:
(1)
"Benefits normally provided" means the same as that term is defined in Section 
49-12-102
.
(2)
(a)
"Compensation" means the total amount of payments made by a participating 
employer to a member of this system for services rendered to the participating 
employer, including:
(i)
bonuses;
(ii)
cost-of-living adjustments;
(iii)
other payments currently includable in gross income and that are subject to social 
security deductions, including any payments in excess of the maximum amount 
subject to deduction under social security law;
(iv)
amounts that the member authorizes to be deducted or reduced for salary deferral 
or other benefits authorized by federal law; and
(v)
member contributions.
(b)
"Compensation" for purposes of this chapter may not exceed the amount allowed 
under Internal Revenue Code, Section 401(a)(17).
(c)
"Compensation" does not include:
(i)
the monetary value of remuneration paid in kind, including a residence or use of 
equipment;
(ii)
the cost of any employment benefits paid for by the participating employer;
(iii)
compensation paid to a temporary employee or an employee otherwise ineligible 
for service credit;
(iv)
any payments upon termination, including accumulated vacation, sick leave 
payments, severance payments, compensatory time payments, or any other special 
payments;
(v)
any allowances or payments to a member for costs or expenses paid by the 
participating employer, including automobile costs, uniform costs, travel costs, 
tuition costs, housing costs, insurance costs, equipment costs, and dependent care 
costs; or
(vi)
a teacher salary bonus described in Section 
53F-2-513
.
(d)
The executive director may determine if a payment not listed under this Subsection 
(2)
 falls within the definition of compensation.
(3)
"Corresponding Tier I system" means the system or plan that would have covered the 
member if the member had initially entered employment before July 1, 2011.
(4)
(a)
"Final average salary" means the amount calculated by averaging the highest five 
years of annual compensation preceding retirement subject to Subsections 
(4)(b)
, 
(c)
, 
(d)
, 
(e)
, and 
(f)
.
(b)
Except as provided in Subsection 
(4)(c)
, the percentage increase in annual 
compensation in any one of the years used may not exceed the previous year's 
compensation by more than 10% plus a cost-of-living adjustment equal to the 
decrease in the purchasing power of the dollar during the previous year, as measured 
by a United States Bureau of Labor Statistics Consumer Price Index average as 
determined by the board.
(c)
In cases where the participating employer provides acceptable documentation to the 
office, the limitation in Subsection 
(4)(b)
 may be exceeded if:
(i)
the member has transferred from another agency; or
(ii)
the member has been promoted to a new position.
(d)
If the member retires more than six months from the date of termination of 
employment, the member is considered to have been in service at the member's last 
rate of pay from the date of the termination of employment to the effective date of 
retirement for purposes of computing the member's final average salary only.
(e)
If the member has less than five years of service credit in this system, final average 
salary means the average annual compensation paid to the member during the full 
period of service credit.
(f)
The annual compensation used to calculate final average salary shall be based on a 
period, as determined by the board, consistent with the period used to determine 
years of service credit in accordance with Subsection 
(8)
.
(5)
"Participating employer" means an employer that meets the participation requirements 
of:
(a)
Sections 
49-12-201
 and 
49-12-202
;
(b)
Sections 
49-13-201
 and 
49-13-202
;
(c)
Section 
49-19-201
; or
(d)
Section 
49-22-201
 or 
49-22-202
.
(6)
(a)
"Regular full-time employee" means an employee:
(i)
whose term of employment for a participating employer contemplates continued 
employment during a fiscal or calendar year;
(ii)
whose employment normally requires an average of 20 hours or more per week, 
except as modified by the board; and
(iii)
who receives benefits normally provided by the participating employer.
(b)
"Regular full-time employee" includes:
(i)
a teacher whose term of employment for a participating employer contemplates 
continued employment during a school year and who teaches half time or more;
(ii)
a classified school employee
an education support professional
:
(A)
who is hired before July 1, 2013; and
(B)
whose employment normally requires an average of 20 hours per week or 
more for a participating employer, regardless of benefits provided;
(iii)
an appointive officer whose appointed position is full time as certified by the 
participating employer;
(iv)
the governor, the lieutenant governor, the state auditor, the state treasurer, the 
attorney general, and a state legislator;
(v)
an elected official not included under Subsection 
(6)(b)(iv)
 whose elected position 
is full time as certified by the participating employer;
(vi)
a faculty member or employee of an institution of higher education who is 
considered full time by that institution of higher education; and
(vii)
an individual who otherwise meets the definition of this Subsection 
(6)
 who 
performs services for a participating employer through a professional employer 
organization or similar arrangement.
(c)
"Regular full-time employee" does not include:
(i)
a firefighter service employee as defined in Section 
49-23-102
;
(ii)
a public safety service employee as defined in Section 
49-23-102
;
(iii)
a classified school employee
an education support professional
:
(A)
who is hired on or after July 1, 2013; and
(B)
who does not receive benefits normally provided by the participating 
employer even if the employment normally requires an average of 20 hours per 
week or more for a participating employer;
(iv)
a classified school employee
an education support professional
:
(A)
who is hired before July 1, 2013;
(B)
who did not qualify as a regular full-time employee before July 1, 2013;
(C)
who does not receive benefits normally provided by the participating 
employer; and
(D)
whose employment hours are increased on or after July 1, 2013, to require an 
average of 20 hours per week or more for a participating employer; or
(E)
who is a person working on a contract:
(I)
for the purposes of vocational rehabilitation and the employment and 
training of people with significant disabilities; and
(II)
that has been set aside from procurement requirements by the state 
pursuant to Section 
63G-6a-805
 or the federal government pursuant to 41 
U.S.C. Sec. 8501 et seq.
(7)
"System" means the New Public Employees' Tier II Contributory Retirement System 
created under this chapter.
(8)
"Years of service credit" means:
(a)
a period consisting of 12 full months as determined by the board;
(b)
a period determined by the board, whether consecutive or not, during which a regular 
full-time employee performed services for a participating employer, including any 
time the regular full-time employee was absent on a paid leave of absence granted by 
a participating employer or was absent in the service of the United States government 
on military duty as provided by this chapter; or
(c)
the regular school year consisting of not less than eight months of full-time service 
for a regular full-time employee of an educational institution.
Section 5, Section 
53E-1-203
 is amended to read:
53E-1-203. State Superintendent's Annual Report.
(1)
The state board shall prepare and submit to the governor, the Education Interim 
Committee, and the Public Education Appropriations Subcommittee, by January 15 of 
each year, an annual written report known as the State Superintendent's Annual Report 
that includes:
(a)
the operations, activities, programs, and services of the state board;
(b)
subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
(c)
data on the general condition of the schools with recommendations considered 
desirable for specific programs, including:
(i)
a complete statement of fund balances;
(ii)
a complete statement of revenues by fund and source;
(iii)
a complete statement of adjusted expenditures by fund, the status of bonded 
indebtedness, the cost of new school plants, and school levies;
(iv)
a complete statement of state funds allocated to each school district and charter 
school by source, including supplemental appropriations, and a complete 
statement of expenditures by each school district and charter school, including 
supplemental appropriations, by function and object as outlined in the United 
States Department of Education publication "Financial Accounting for Local and 
State School Systems";
(v)
a statement that includes data on:
(A)
fall enrollments;
(B)
average membership;
(C)
high school graduates;
(D)
licensed and classified employees
all employees
, including data reported by 
school districts on educator ratings described in Section 
53G-11-511
;
(E)
pupil-teacher ratios;
(F)
average class sizes;
(G)
average salaries;
(H)
applicable private school data; and
(I)
data from statewide assessments described in Section 
53E-4-301
 for each 
school and school district;
(vi)
statistical information for each school district and charter school regarding:
(A)
student attendance by grade level;
(B)
the percentage of students chronically absent;
(C)
the percentage of student excused absences; and
(D)
the percentage of student unexcused absences;
(vii)
statistical information regarding incidents of delinquent activity in the schools, 
at school-related activities, on school buses, and at school bus stops; and
(viii)
other statistical and financial information about the school system that the state 
superintendent considers pertinent.
(2)
(a)
For the purposes of Subsection (1)(c)(v):
(i)
the pupil-teacher ratio for a school shall be calculated by dividing the number of 
students enrolled in a school by the number of full-time equivalent teachers 
assigned to the school, including regular classroom teachers, school-based 
specialists, and special education teachers;
(ii)
the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio 
of the schools within a school district;
(iii)
the pupil-teacher ratio for charter schools aggregated shall be the median 
pupil-teacher ratio of charter schools in the state; and
(iv)
the pupil-teacher ratio for the state's public schools aggregated shall be the 
median pupil-teacher ratio of public schools in the state.
(b)
The report shall:
(i)
include the pupil-teacher ratio for:
(A)
each school district;
(B)
the charter schools aggregated; and
(C)
the state's public schools aggregated; and
(ii)
identify a website where pupil-teacher ratios for each school in the state may be 
accessed.
(3)
For each operation, activity, program, or service provided by the state board, the annual 
report shall include:
(a)
a description of the operation, activity, program, or service;
(b)
data and metrics:
(i)
selected and used by the state board to measure progress, performance, 
effectiveness, and scope of the operation, activity, program, or service, including 
summary data; and
(ii)
that are consistent and comparable for each state operation, activity, program, or 
service;
(c)
budget data, including the amount and source of funding, expenses, and allocation of 
full-time employees for the operation, activity, program, or service;
(d)
historical data from previous years for comparison with data reported under 
Subsections (3)(b) and (c);
(e)
goals, challenges, and achievements related to the operation, activity, program, or 
service;
(f)
relevant federal and state statutory references and requirements;
(g)
contact information of officials knowledgeable and responsible for each operation, 
activity, program, or service; and
(h)
other information determined by the state board that:
(i)
may be needed, useful, or of historical significance; or
(ii)
promotes accountability and transparency for each operation, activity, program, 
or service with the public and elected officials.
(4)
(a)
Except as provided in Subsection (4)(b), the annual report shall also include:
(i)
the report described in Section 
53E-3-507
 by the state board on career and 
technical education needs and program access;
(ii)
the report described in Section 
53E-3-515
 by the state board on the Hospitality 
and Tourism Management Career and Technical Education Pilot Program;
(iii)
the report described in Section 
53E-3-516
 by the state board on certain incidents 
that occur on school grounds;
(iv)
the report described in Section 
53E-4-202
 by the state board on the development 
and implementation of the core standards for Utah public schools;
(v)
the report described in Section 
53E-5-310
 by the state board on school turnaround 
and leadership development;
(vi)
the report described in Section 
53E-10-308
 by the state board and Utah Board of 
Higher Education on student participation in the concurrent enrollment program;
(vii)
the report described in Section 
53F-5-506
 by the state board on information 
related to personalized, competency-based learning; and
(viii)
the report described in Section 
53G-9-802
 by the state board on dropout 
prevention and recovery services.
(b)
The Education Interim Committee or the Public Education Appropriations 
Subcommittee may request a report described in Subsection (4)(a) to be reported 
separately from the State Superintendent's Annual Report.
(5)
The annual report shall be designed to provide clear, accurate, and accessible 
information to the public, the governor, and the Legislature.
(6)
The state board shall:
(a)
submit the annual report in accordance with Section 
68-3-14
; and
(b)
make the annual report, and previous annual reports, accessible to the public by 
placing a link to the reports on the state board's website.
(7)
(a)
Upon request of the Education Interim Committee or Public Education 
Appropriations Subcommittee, the state board shall present the State Superintendent's 
Annual Report to either committee.
(b)
After submitting the State Superintendent's Annual Report in accordance with this 
section, the state board may supplement the report at a later time with updated data, 
information, or other materials as necessary or upon request by the governor, the 
Education Interim Committee, or the Public Education Appropriations Subcommittee.
Section 6, Section 
53G-10-402
 is amended to read:
53G-10-402. Instruction in health -- Parental consent requirements -- Conduct 
and speech of school employees and volunteers -- Political and religious doctrine 
prohibited. 
(1)
As used in this section:
(a)
"LEA governing board" means a local school board or charter school governing 
board.
(b)
"Refusal skills" means instruction:
(i)
in a student's ability to clearly and expressly refuse sexual advances by a minor or 
adult;
(ii)
in a student's obligation to stop the student's sexual advances if refused by another 
individual;
(iii)
informing a student of the student's right to report and seek counseling for 
unwanted sexual advances;
(iv)
in sexual harassment; and
(v)
informing a student that a student may not consent to criminally prohibited 
activities or activities for which the student is legally prohibited from giving 
consent, including the electronic transmission of sexually explicit images by an 
individual of the individual or another.
(2)
(a)
The state board shall establish curriculum requirements under Section 
53E-3-501
that include instruction in:
(i)
community and personal health;
(ii)
physiology;
(iii)
personal hygiene;
(iv)
prevention of communicable disease;
(v)
refusal skills; and
(vi)
the harmful effects of pornography.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules that, and instruction shall:
(i)
stress the importance of abstinence from all sexual activity before marriage and 
fidelity after marriage as methods for preventing certain communicable diseases;
(ii)
stress personal skills that encourage individual choice of abstinence and fidelity;
(iii)
prohibit instruction in:
(A)
the intricacies of intercourse, sexual stimulation, or erotic behavior;
(B)
the advocacy of premarital or extramarital sexual activity; or
(C)
the advocacy or encouragement of the use of contraceptive methods or 
devices; and
(iv)
except as provided in Subsection (2)(d), allow instruction to include information 
about contraceptive methods or devices that stresses effectiveness, limitations, 
risks, and information on state law applicable to minors obtaining contraceptive 
methods or devices.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
state board shall make rules for an LEA governing board that adopts instructional 
materials under Subsection (2)(g)(ii) that:
(i)
require the LEA governing board to report on the materials selected and the LEA 
governing board's compliance with Subsection (2)(h); and
(ii)
provide for an appeal and review process of the LEA governing board's adoption 
of instructional materials.
(d)
The state board may not require an LEA to teach or adopt instructional materials that 
include information on contraceptive methods or devices.
(e)
(i)
At no time may instruction be provided, including responses to spontaneous 
questions raised by students, regarding any means or methods that facilitate or 
encourage the violation of any state or federal criminal law by a minor or an adult.
(ii)
Subsection (2)(e)(i) does not preclude an instructor from responding to a 
spontaneous question as long as the response is consistent with the provisions of 
this section.
(f)
The state board shall recommend instructional materials for use in the curricula 
required under Subsection (2)(a).
(g)
An LEA governing board may choose to adopt:
(i)
the instructional materials recommended under Subsection (2)(f); or
(ii)
other instructional materials in accordance with Subsection (2)(h).
(h)
An LEA governing board that adopts instructional materials under Subsection 
(2)(g)(ii) shall:
(i)
ensure that the materials comply with state law and board rules;
(ii)
base the adoption of the materials on the recommendations of the LEA governing 
board's Curriculum Materials Review Committee; 
(iii)
adopt the instructional materials in an open and regular meeting of the LEA 
governing board for which prior notice is given to parents of students who attend 
the respective schools; and 
(iv)
give parents an opportunity to express the parents' views and opinions on the 
materials at the meeting described in Subsection (2)(h)(iii).
(3)
(a)
A student shall receive instruction in the courses described in Subsection (2) on at 
least two occasions during the period that begins with the beginning of grade 8 and 
the end of grade 12.
(b)
At the request of the state board, the Department of Health and Human Services shall 
cooperate with the state board in developing programs to provide instruction in those 
areas.
(4)
(a)
The state board shall adopt rules that:
(i)
provide that the parental consent requirements of Sections 
76-7-322
 and 
76-7-323
are complied with; and
(ii)
require a student's parent to be notified in advance and have an opportunity to 
review the information for which parental consent is required under Sections 
76-7-322
 and 
76-7-323
.
(b)
The state board shall also provide procedures for disciplinary action for violation of 
Section 
76-7-322
 or 
76-7-323
.
(5)
(a)
In keeping with the requirements of Section 
53G-10-204
, and because school 
employees and volunteers serve as examples to students, school employees or 
volunteers acting in an official capacity may not support or encourage criminal 
conduct by students, teachers, or volunteers.
(b)
To ensure the effective performance of school personnel, the limitations described in 
Subsection (5)(a) also apply to a school employee or volunteer acting outside of the 
school employee's or volunteer's official capacity if:
(i)
the employee or volunteer knew or should have known that the employee's or 
volunteer's action could result in a material and substantial interference or 
disruption in the normal activities of the school; and
(ii)
that action does result in a material and substantial interference or disruption in 
the normal activities of the school.
(c)
The state board or an LEA governing board may not allow training of school 
employees or volunteers that support or encourage criminal conduct.
(d)
The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, rules implementing this section.
(e)
Nothing in this section limits the ability or authority of the state board or an LEA 
governing board to enact and enforce rules or take actions that are otherwise lawful, 
regarding an educator's, employee's, or volunteer's qualifications or behavior 
evidencing unfitness for duty.
(6)
Except as provided in Section 
53G-10-202
, political, atheistic, sectarian, religious, or 
denominational doctrine may not be taught in the public schools.
(7)
(a)
An LEA governing board and an LEA governing board's employees shall 
cooperate and share responsibility in carrying out the purposes of this chapter.
(b)
An LEA governing board shall provide appropriate professional development for the 
LEA governing board's teachers, counselors, and school administrators to enable the 
teachers, counselors, and school administrators to understand, protect, and properly 
instruct students in the values and character traits referred to in this section and 
Sections 
53E-9-202
, 
53E-9-203
, 
53G-10-202
, 
53G-10-203
, 
53G-10-204
, and 
53G-10-205
, and distribute appropriate written materials on the values, character 
traits, and conduct to each individual receiving the professional development.
(c)
An LEA governing board shall make the written materials described in Subsection 
(7)(b) available to 
classified employees
education support professionals
, students, 
and students' parents.
(d)
In order to assist an LEA governing board in providing the professional development 
required under Subsection (7)(b), the state board shall, as appropriate, contract with a 
qualified individual or entity possessing expertise in the areas referred to in 
Subsection (7)(b) to develop and disseminate model teacher professional 
development programs that an LEA governing board may use to train the individuals 
referred to in Subsection (7)(b) to effectively teach the values and qualities of 
character referenced in Subsection (7)(b).
(e)
In accordance with the provisions of Subsection (5)(c), professional development 
may not support or encourage criminal conduct.
(8)
An LEA governing board shall review every two years:
(a)
LEA governing board policies on instruction described in this section;
(b)
for a local school board, data for each county that the school district is located in, or, 
for a charter school governing board, data for the county in which the charter school 
is located, on the following:
(i)
teen pregnancy;
(ii)
child sexual abuse; and
(iii)
sexually transmitted diseases and sexually transmitted infections; and
(c)
the number of pornography complaints or other instances reported within the 
jurisdiction of the LEA governing board.
(9)
If any one or more provision, subsection, sentence, clause, phrase, or word of this 
section, or the application thereof to any person or circumstance, is found to be 
unconstitutional, the balance of this section shall be given effect without the invalid 
provision, subsection, sentence, clause, phrase, or word.
Section 7, Section 
53G-11-205
 is amended to read:
53G-11-205. Education employee associations -- Equal participation -- 
Prohibition on endorsement or preferential treatment -- Naming of school breaks.
(1)
As used in this section:
(a)
"Education employee association" includes teacher associations, teacher unions, 
teacher organizations, and 
classified education employees'
education support 
professionals'
 associations.
(b)
"School" means a school district, a school in a school district, a charter school, or the 
state board and its employees.
(2)
A school shall allow education employee associations equal access to the following 
activities:
(a)
distribution of information in or access to teachers' or employees' physical or 
electronic mailboxes, including email accounts that are provided by the school; and
(b)
membership solicitation activities at new teacher or employee orientation training or 
functions.
(3)
If a school permits an education employee association to engage in any of the activities 
described in Subsection 
(2)
, the school shall permit all other education employee 
associations to engage in the activity on the same terms and conditions afforded to the 
education employee association.
(4)
It is unlawful for a school to:
(a)
establish or maintain structures, procedures, or policies that favor one education 
employee association over another or otherwise give preferential treatment to an 
education employee association; or
(b)
explicitly or implicitly endorse any education employee association.
(5)
A school's calendars and publications may not include or refer to the name of any 
education employee association in relation to any day or break in the school calendar.
Section 8, Section 
53G-11-519
 is amended to read:
53G-11-519. Utah Recognizing Inspiring School Employees Award.
(1)
As used in this section:
(a)
"Association" means the governing board of the association that represents a 
majority of 
classified school employees
education support professionals
 employed 
in the state.
(b)
"Classified school employee"
"Education support professional"
 means 
the same as 
that term is
a classified employee
 defined in the Recognizing Achievement in 
Classified School Employees Act, 20 U.S.C. Sec. 6682.
(c)
"Eligible individual" means 
a classified school employee
an education support 
professional
 who meets the eligibility requirements to be a nominee for the 
Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681 
et seq.
(2)
(a)
In accordance with the Recognizing Achievement in Classified School Employees 
Act, 20 U.S.C. Sec. 6681 et seq., the governor shall annually nominate 
a classified 
school employee
an education support professional
 for the Recognizing Inspiring 
School Employees Award Program.
(b)
The governor shall consider submissions from the association in making the 
nomination described in Subsection (2)(a).
(c)
The association shall submit a list of eligible individuals to the governor no later than 
September 1 each year.
(3)
(a)
There is created the Utah Recognizing Inspiring School Employees Award 
Program to recognize excellence exhibited by public school system employees 
providing services to students in pre-kindergarten through grade 12.
(b)
The Utah Recognizing Inspiring School Employees Award shall be awarded to the 
governor's nominee for the federal Recognizing Inspiring School Employees Award 
Program under the Recognizing Achievement in Classified School Employees Act, 
20 U.S.C. Sec. 6681 et seq.
Section 9. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-6-25 3:20 PM