2nd Sub. H.B. 249
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 02-06-23 7:32 PM 6
H.B. 249
2nd Sub. (Gray)
Representative Karen M. Peterson proposes the following substitute bill:
1 EDUCATION RELATED AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen M. Peterson
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses parental engagement in the education arena.
10Highlighted Provisions:
11 This bill:
12 <addresses a parent's access to and submission of education records;
13 <grants rulemaking authority;
14 <directs the state board to create record tracking interoperability for education
15records in the information management system under certain circumstances;
16 <requires the state board to create a parent portal that provides information outlined
17in statute, including school comparison information;
18 <requires notification of the parent portal;
19 <provides for the appointment of a parent engagement specialist, including providing
20for the specialist's duties; and
21 <makes technical changes.
22Money Appropriated in this Bill:
23 None
24Other Special Clauses:
25 None
*HB0249S02* 2nd Sub. (Gray) H.B. 249 02-06-23 7:32 PM
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26Utah Code Sections Affected:
27AMENDS:
28 53E-3-518, as last amended by Laws of Utah 2022, Chapter 266
29 53G-6-805, as enacted by Laws of Utah 2022, Chapter 343
30ENACTS:
31 53G-6-806, Utah Code Annotated 1953
32 53G-6-807, Utah Code Annotated 1953
33
34Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53E-3-518 is amended to read:
36 53E-3-518. Utah school information management system -- Local education
37agency requirements.
38 (1) As used in this section:
39 (a) "LEA data system" or "LEA's data system" means a data system that:
40 (i) is developed, selected, or relied upon by an LEA; and
41 (ii) the LEA uses to collect data or submit data to the state board related to:
42 (A) student information;
43 (B) educator information;
44 (C) financial information; or
45 (D) other information requested by the state board.
46 (b) "LEA financial information system" or "LEA's financial information system" means
47an LEA data system used for financial information.
48 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
49 [(c)] (d) "Utah school information management system" or "information management
50system" means the state board's data collection and reporting system described in this section.
51 [(d)] (e) "User" means an individual who has authorized access to the information
52management system.
53 (2) On or before July 1, 2024, the state board shall have in place an information
54management system that meets the requirements described in this section.
55 (3) The state board shall ensure that the information management system:
56 (a) interfaces with an LEA's data systems that meet the requirements described in 02-06-23 7:32 PM 2nd Sub. (Gray) H.B. 249
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57Subsection (6);
58 (b) serves as the mechanism for the state board to collect and report on all data that
59LEAs submit to the state board related to:
60 (i) student information;
61 (ii) educator information;
62 (iii) financial information; and
63 (iv) other information requested by the state board;
64 (c) includes a web-based user interface through which a user may:
65 (i) enter data;
66 (ii) view data; and
67 (iii) generate customizable reports;
68 (d) includes a data warehouse and other hardware or software necessary to store or
69process data submitted by an LEA;
70 (e) provides for data privacy, including by complying with Title 53E, Chapter 9,
71Student Privacy and Data Protection;
72 (f) restricts user access based on each user's role; and
73 (g) meets requirements related to a student achievement backpack described in Section
7453E-3-511.
75 (4) The state board shall establish the restrictions on user access described in
76Subsection (3)(f).
77 (5) (a) The state board shall make rules that establish the required capabilities for an
78LEA financial information system.
79 (b) In establishing the required capabilities for an LEA financial information system,
80the state board shall consider metrics and capabilities requested by the state treasurer or state
81auditor.
82 (6) (a) On or before July 1, 2024, an LEA shall ensure that:
83 (i) all of the LEA's data systems:
84 (A) meet the data standards established by the state board in accordance with Section
8553E-3-501;
86 (B) are fully compatible with the state board's information management system; and
87 (C) meet specification standards determined by the state board; and 2nd Sub. (Gray) H.B. 249 02-06-23 7:32 PM
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88 (ii) the LEA's financial information system meets the requirements described in
89Subsection (5).
90 (b) An LEA shall ensure that an LEA data system purchased or developed on or after
91May 14, 2019, will be compatible with the information management system when the
92information management system is fully operational.
93 (7) (a) Subject to appropriations and Subsection (7)(b), the state board may use an
94appropriation under this section to help an LEA meet the requirements in the rules described in
95Subsection (5) by:
96 (i) providing to the LEA funding for implementation and sustainment of the LEA
97financial information system, either through:
98 (A) awarding a grant to the LEA; or
99 (B) providing a reimbursement to the LEA; or
100 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
101financial information system on behalf of an LEA for the LEA to use as the LEA's financial
102information system.
103 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
104state board shall make rules describing:
105 (i) how an LEA may apply to the state board for the assistance described in Subsection
106(7)(a); and
107 (ii) criteria for the state board to provide the assistance to an LEA.
108 (8) (a) Beginning July 1, 2024, the state board may take action against an LEA that is
109out of compliance with a requirement described in Subsection (6) until the LEA complies with
110the requirement.
111 (b) An action described in Subsection (8)(a) may include the state board withholding
112funds from the LEA.
113 (9) (a) For purposes of this Subsection (9), "education record" means the same as that
114term is defined in 20 U.S.C. Sec. 1232g.
115 (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
116Administrative Rulemaking Act, establish a procedure under which:
117 (i) a parent may submit information as part of the education records for the parent's
118student; 02-06-23 7:32 PM 2nd Sub. (Gray) H.B. 249
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119 (ii) the information submitted by the parent is maintained as part of the education
120records for the parent's student;
121 (iii) information submitted by the parent and maintained as part of the education
122records for the parent's student may be removed at the request of the parent; and
123 (iv) a parent has access only to the education records of the parent's student in
124accordance with Subsection (9)(d).
125 (c) The rules made under this Subsection (9) shall allow a parent to submit or remove
126information submitted by the parent under this Subsection (9) at least annually, including at the
127time of:
128 (i) registering a student in a school; or
129 (ii) changing the school in which a student attends.
130 (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1311232g, and related regulations, the state board shall provide a parent access to an education
132record concerning the parent's student.
133 (e) The state board shall create in the information management system a record
134tracking interoperability of education records described in this Subsection (9) when a student is
135transitioning between schools or between LEAs.
136 Section 2. Section 53G-6-805 is amended to read:
137 53G-6-805. Parental right to school comparison.
138 (1) Parents have the right to compare public school performance in a given area.
139 (2) The state board shall provide an online tool that allows parents to:
140 (a) search for public schools within a given radius of a specific location or within the
141boundaries of a public school district; and
142 (b) view a side-by-side comparison of data related to the public schools in the area
143described in Subsection (2)(a), including the indicators required in Subsection 53E-5-211(1).
144 (3) The state board shall include the information provided under this section in the
145parent portal required under Section 53G-6-806.
146 Section 3. Section 53G-6-806 is enacted to read:
147 53G-6-806. Parent portal.
148 (1) As used in this section:
149 (a) "Parent portal" means the posting the state board is required to provide under this 2nd Sub. (Gray) H.B. 249 02-06-23 7:32 PM
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150section.
151 (b) "School" means a public elementary or secondary school, including a charter
152school.
153 (2) (a) The state board shall post information that allows a parent of a student enrolled
154in a school to:
155 (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
156 (ii) be informed of resources and steps to follow when a student has been the subject,
157perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct
158such as:
159 (A) resources for the student, including short-term mental health services;
160 (B) options for the student to make changes to the student's educational environment;
161 (C) options for alternative school enrollment;
162 (D) options for differentiated start or stop times;
163 (E) options for differentiated exit and entrance locations; and
164 (F) the designated employee for an LEA who addresses incidents of bullying,
165cyber-bullying, hazing, retaliation, and abusive conduct;
166 (iii) be informed of the steps and resources for filing a grievance with a school or LEA
167regarding bullying, cyber-bullying, hazing, or retaliation;
168 (iv) be informed of the steps and resources for seeking accommodations under the
169Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
170 (v) be informed of the steps and resources for seeking accommodations under state or
171federal law regarding religious accommodations;
172 (vi) be informed of the steps and resources for filing a grievance for an alleged
173violation of state or federal law, including:
174 (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
175 (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
176 (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
177 (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
17812131-12165;
179 (vii) receive information about constitutional rights and freedoms afforded to families
180in public education; 02-06-23 7:32 PM 2nd Sub. (Gray) H.B. 249
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181 (viii) be informed of how to access an internal audit hotline if established by the state
182board; and
183 (ix) be informed of services for military families.
184 (b) In addition to the information required under Subsection (2)(a), the state board:
185 (i) shall include in the parent portal the comparison tool created under Section
18653G-6-805; and
187 (ii) may include in the parent portal other information that the state board determines is
188helpful to parents.
189 (3) (a) The state board shall post the parent portal at a location that is easily located by
190a parent.
191 (b) The state board shall update the parent portal at least annually.
192 (4) An LEA shall annually notify each of the following of how to access the parent
193portal:
194 (a) a parent of a student; and
195 (b) a teacher, principal, or other professional staff within the LEA.
196 Section 4. Section 53G-6-807 is enacted to read:
197 53G-6-807. Parent engagement specialist.
198 (1) (a) The state superintendent shall appoint an individual as a parent engagement
199specialist after:
200 (i) posting the position publicly; and
201 (ii) reviewing and consulting with the state board leadership about the appointment.
202 (b) The individual appointed under this section shall preferably have experience:
203 (i) working to constructively engage parents in guiding the parents' student's education;
204 (ii) understanding research on education outcomes; and
205 (iii) understanding laws pertaining to parental rights in education.
206 (2) The parent engagement specialist shall respond to parent communications directed
207to the state board by:
208 (a) maintaining and revising on behalf of the state board the parent portal required by
209Section 53G-6-806;
210 (b) responding to questions and complaints to the state board regarding parent rights
211and opportunities within the state's education system; and 2nd Sub. (Gray) H.B. 249 02-06-23 7:32 PM
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212 (c) helping parents to navigate available complaint processes provided through the
213state board, at the LEA level, or at the public school level.
214 (3) The parent engagement specialist shall provide guidance and outreach to LEAs and
215public schools across the state by:
216 (a) providing training and materials to LEAs and public schools regarding successful
217parent engagement strategies; and
218 (b) sharing research on parent engagement practices shown to contribute to student
219attendance and success.
220 (4) In performing the parent engagement specialist's activities, the parent engagement
221specialist shall comply with Section 53E-2-201.