02-06 11:34 H.B. 76
1
Public Education Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tracy J. Miller
Senate Sponsor:
2
3
LONG TITLE
4
Committee Note:
5
The Education Interim Committee recommended this bill.
6 Legislative Vote:12 voting for0 voting against8 absent
7
General Description:
8
This bill amends provisions and programs regarding the operation of the public education
9
system.
10
Highlighted Provisions:
11
This bill:
12
▸ removes duplicative language regarding a college and career readiness plan;
13
▸ amends the Teacher Salary Supplement Program and the upcoming replacement Salary
14
Supplement for Highly Needed Educators program to allow a local education agency
15
(LEA) that experiences a carry forward or leftover balance to increase the amount the
16
LEA provides to teachers under certain circumstances;
17
▸ adds the Utah Schools for the Deaf and the Blind as an LEA that may participate in the
18
Salary Supplement for Highly Needed Educators program;
19
▸ increases the portion of appropriated funding the State Board of Education (state board) is
20
statutorily authorized to expend for administrative costs for early literacy software,
21
including the cost of an independent software evaluator;
22
▸ amends provisions regarding kindergarten to:
23
● allow a child to enroll in kindergarten if the child moves to Utah after having enrolled
24
in kindergarten in another state with different age requirements for enrollment; and
25
● repeal a requirement for the state board to create a process for an LEA to follow when
26
an enrolled student in kindergarten is not toilet-trained;
27
▸ amends provisions regarding early learning plans to:
28
● reduce requirements for the plans that LEAs submit to the state board; and
29
● repeal a requirement for the state board to use a digital platform to communicate with
30
LEAs regarding early learning;
H.B. 76 H.B. 76 02-06 11:34
31
▸ amends provisions related to school fees to ensure that a school is not prohibited from
32
charging a fee for a fine arts course; and
33
▸ makes technical and conforming changes.
34
Money Appropriated in this Bill:
35
None
36
Other Special Clauses:
37
This bill contains a special effective date.
38
Utah Code Sections Affected:
39
AMENDS:
40
53E-2-304 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 69
41
53F-2-504 (Effective 05/07/25) (Superseded 07/01/25), as last amended by Laws of
42
Utah 2024, Chapter 468
43
53F-2-504 (Effective 07/01/25), as repealed and reenacted by Laws of Utah 2024,
44
Chapter 374
45
53F-4-203 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 20
46
53G-4-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 67,
47
476
48
53G-7-203 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 354
49
53G-7-218 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 460
50
53G-7-503 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 497
51
52
Be it enacted by the Legislature of the state of Utah:
53
Section 1. Section 53E-2-304 is amended to read:
54
53E-2-304 (Effective 05/07/25). School district and individual school powers --
55
Plan for college and career readiness definition.
56
(1) In order to acquire and develop the characteristics listed in Section 53E-2-302, each
57
school district and each public school within its respective district shall implement a
58
comprehensive system of accountability in which students advance through public
59
schools by demonstrating competency in the core standards for Utah public schools
60
through the use of diverse assessment instruments such as authentic assessments,
61
projects, and portfolios.
62
(2)(a) Each school district and public school shall:
63
(i) develop and implement programs integrating technology into the curriculum,
64
instruction, and student assessment;
- 2 - 02-06 11:34 H.B. 76
65
(ii) in accordance with Subsection (5) and beginning July 1, 2025:
66
(A) provide an environment to all educators, school staff, and students that does
67
not pose a predictable threat of serious bodily injury to the educators, school
68
staff, or students;
69
(B) provide an education to all students in which the students' classroom is not
70
disrupted by a pattern of behavior that interferes substantially and materially
71
with classroom instruction; and
72
(C) provide an environment to all educators, school staff, and students that is free
73
from repeated verbal or physical sexual harassment or sexual assault;
74
(iii) provide for teacher and parent involvement in policymaking at the school site;
75
(iv) implement a public school choice program to give parents, students, and teachers
76
greater flexibility in designing and choosing among programs with different
77
focuses through schools within the same district and other districts, subject to
78
space availability, demographics, and legal and performance criteria;
79
(v) establish strategic planning at both the district and school level and site-based
80
decision making programs at the school level;
81
(vi) provide opportunities for each student to acquire and develop academic and
82
occupational knowledge, skills, and abilities;
83
(vii) participate in ongoing research and development projects primarily at the school
84
level aimed at improving the quality of education within the system; and
85
(viii) involve business and industry in the education process through the
86
establishment of partnerships with the business community at the district and
87
school level.
88
(b)(i) As used in this section, "plan for college and career readiness" means a plan
89
developed by a student and the student's parent, in consultation with school
90
counselors, teachers, and administrators that:
91
(A) is initiated at the beginning of grade 7;
92
(B) identifies a student's skills and objectives;
93
(C) maps out a strategy to guide a student's course selection; and
94
(D) links a student to post-secondary options, including higher education and
95
careers.
96
(ii) Each local school board, in consultation with school personnel, parents, and
97
school community councils or similar entities shall establish policies to provide
98
for the effective implementation of [an individual learning plan or ]a plan for
- 3 - H.B. 76 02-06 11:34
99
college and career readiness for each student at the school site.
100
(iii) The policies shall include guidelines and expectations for:
101
(A) recognizing the student's accomplishments, strengths, and progress toward
102
meeting student achievement standards as defined in the core standards for
103
Utah public schools;
104
(B) planning, monitoring, and managing education and career development; and
105
(C) involving students, parents, and school personnel in preparing and
106
implementing an individual learning plan and a plan for college and career
107
readiness.
108
(iv) A parent may request a conference with school personnel in addition to an
109
individual learning plan or a plan for college and career readiness conference
110
established by local school board policy.
111
(v) Time spent during the school day to implement an individual learning plan or a
112
plan for college and career readiness is considered part of the school term
113
described in Section 53F-2-102.
114
(3) A school district or public school may submit proposals to modify or waive rules or
115
policies of a supervisory authority within the public education system in order to acquire
116
or develop the characteristics listed in Section 53E-2-302.
117
(4)(a) Each school district and public school shall make an annual report to its patrons
118
on its activities under this section.
119
(b) The reporting process shall involve participation from teachers, parents, and the
120
community at large in determining how well the district or school is performing.
121
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
122
state board shall make rules to ensure implementation of the requirements described in
123
Subsection (2)(a)(ii).
124
(6) Nothing in this section creates a private right of action or constitutes a waiver of
125
immunity under Section 63G-7-301.
126
Section 28. Section 53F-2-504 is amended to read:
127
53F-2-504 (Effective 05/07/25) (Superseded 07/01/25). Teacher Salary
128
Supplement Program.
129
(1) As used in this section:
130
(a) "Eligible teacher" means a teacher who:
131
(i) has a qualifying educational background or qualifying teaching background;
132
(ii) has a supplement-approved assignment that corresponds to the teacher's
- 4 - 02-06 11:34 H.B. 76
133
qualifying educational background or qualifying teaching background;
134
(iii) qualifies for the teacher's supplement-approved assignment in accordance with
135
state board rule; and
136
(iv)(A) is a new employee; or
137
(B) has not received an unsatisfactory rating on the teacher's three most recent
138
evaluations.
139
(b) "Field of computer science" means:
140
(i) computer science; or
141
(ii) computer information technology.
142
(c) "Field of science" means:
143
(i) integrated science;
144
(ii) chemistry;
145
(iii) physics;
146
(iv) physical science; or
147
(v) general science.
148
(d) "Qualifying educational background" means:
149
(i) for a teacher who is assigned a secondary school level mathematics course:
150
(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics;
151
or
152
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
153
requirements that are substantially equivalent to the course requirements for a
154
bachelor's degree major, master's degree, or doctoral degree in mathematics;
155
(ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
156
course, or physics course:
157
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
158
science; or
159
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
160
requirements that are substantially equivalent to the course requirements of
161
those required for a bachelor's degree major, master's degree, or doctoral
162
degree in a field of science;
163
(iii) for a teacher who is assigned a computer science course:
164
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
165
computer science; or
166
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
- 5 - H.B. 76 02-06 11:34
167
requirements that are substantially equivalent to the course requirements of
168
those required for a bachelor's degree major, master's degree, or doctoral
169
degree in a field of computer science; or
170
(iv) for a teacher who is assigned to teach special education, a bachelor's degree
171
major, master's degree, or doctoral degree in special education.
172
(e) "Qualifying teaching background" means:
173
(i) the teacher has been teaching the same supplement-approved assignment in Utah
174
public schools for at least 10 years; or
175
(ii) the teacher has a professional deaf education license issued by the state board.
176
(f) "Supplement-approved assignment" means an assignment to teach:
177
(i) a secondary school level mathematics course;
178
(ii) integrated science in grade 7 or 8;
179
(iii) chemistry;
180
(iv) physics;
181
(v) computer science;
182
(vi) special education; or
183
(vii) deaf education.
184
(2)(a) Subject to future budget constraints, the Legislature shall:
185
(i) annually appropriate money to the Teacher Salary Supplement Program to
186
maintain annual salary supplements for eligible teachers provided in previous
187
years; and
188
(ii) provide salary supplements to new recipients.
189
(b) Money appropriated for the Teacher Salary Supplement Program shall include
190
money for the following employer-paid benefits:
191
(i) retirement;
192
(ii) workers' compensation;
193
(iii) Social Security; and
194
(iv) Medicare.
195
(3)(a) The annual salary supplement for an eligible teacher who is assigned full-time to
196
a supplement-approved assignment is:
197
(i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
198
appropriation described in Subsection (2); and
199
(ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
200
(A) the amount of the annual salary supplement in the preceding fiscal year; and
- 6 - 02-06 11:34 H.B. 76
201
(B) a percentage increase that is equal to the percentage increase in the value of
202
the WPU in the preceding fiscal year.
203
(b) An eligible teacher who is assigned part-time to a supplement-approved assignment
204
shall receive a partial salary supplement based on the number of hours worked in the
205
supplement-approved assignment.
206
(4) The state board shall:
207
(a) create an online application system for a teacher to apply to receive a salary
208
supplement through the Teacher Salary Supplement Program;
209
(b) determine if a teacher is an eligible teacher;
210
(c) verify, as needed, the determinations made under Subsection (4)(b) with school
211
district and school administrators; and
212
(d) certify a list of eligible teachers.
213
(5) An eligible teacher shall apply to the state board, as provided by the board to receive the
214
salary supplement authorized in this section in accordance with state board rule made in
215
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
216
(6)(a) The state board shall establish and administer an appeal process for a teacher to
217
follow if the teacher applies for a salary supplement and does not receive a salary
218
supplement under Subsection (8).
219
(b)(i) The appeal process established in Subsection (6)(a) shall allow a teacher to
220
appeal eligibility as an eligible teacher with a qualifying educational background
221
on the basis that the teacher has a degree or degree major with course
222
requirements that are substantially equivalent to the qualifying educational
223
background associated with the teacher's supplement-approved assignment.
224
(ii) A teacher shall provide transcripts and other documentation to the state board in
225
order for the state board to determine if the teacher has a degree or degree major
226
with course requirements that are substantially equivalent to the qualifying
227
educational background associated with the teacher's supplement-approved
228
assignment.
229
(c)(i) The appeal process established under Subsection (6)(a) shall allow a teacher to
230
appeal eligibility as an eligible teacher with a qualifying teaching background on
231
the basis that the teacher has a qualifying teaching background.
232
(ii) The teacher shall provide to the state board evidence to verify that the teacher has
233
a qualifying teaching background.
234
(7)(a) The state board shall distribute money appropriated to the Teacher Salary
- 7 - H.B. 76 02-06 11:34
235
Supplement Program to school districts, charter schools, and regional education
236
service agencies for the Teacher Salary Supplement Program in accordance with the
237
provisions of this section.
238
(b) The state board shall include the employer-paid benefits described under Subsection
239
(2)(b) in the amount of each salary supplement.
240
(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
241
salary supplement limits described under Subsection (3).
242
(8)(a) Money received from the Teacher Salary Supplement Program shall be used by a
243
school district, charter school, or regional education service agencies to provide a
244
salary supplement equal to the amount specified in Subsection (3) for each eligible
245
teacher.
246
(b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
247
teacher's qualification as an eligible teacher every year, semester, or trimester.
248
(9) Notwithstanding the provisions of this section, if the appropriation for the program is
249
insufficient to cover the costs associated with salary supplements, the state board may
250
distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
251
(10) An LEA may increase the amount of funds the LEA provides to the LEA's teachers
252
under the program if the LEA:
253
(a) first ensures proper distribution of funds the LEA receives under the program to the
254
the LEA's teachers; and
255
(b) experiences a carry forward or leftover balance.
256
Section 29. Section 53F-2-504 is amended to read:
257
53F-2-504 (Effective 07/01/25). Salary Supplement for Highly Needed
258
Educators.
259
(1) As used in this section:
260
(a) "Eligible teacher" means a teacher who:
261
(i) has a qualifying assignment;
262
(ii) qualifies for the teacher's assignment in accordance with an LEA's policy
263
described in Subsection (2); and
264
(iii)(A) is a new employee; or
265
(B) has not received an unsatisfactory rating on the teacher's three most recent
266
evaluations.
267
(b) "High-needs area" means at least two and up to five teaching assignments that an
268
LEA designates in a policy as challenging to fill or retain.
- 8 - 02-06 11:34 H.B. 76
269
(c) "Program" means the Salary Supplement for Highly Needed Educators program.
270
(d) "Qualifying assignment" means a teacher who is assigned to a high-needs area.
271
(2)(a) An LEA shall create a policy describing the administration of the Salary
272
Supplement for Highly Needed Educators program within the LEA, including:
273
(i) identifying the LEA's high-needs areas;
274
(ii) the amount of the salary supplement;
275
(iii) establishing an appeals process for a teacher to follow if the teacher does not
276
receive a salary supplement, including:
277
(A) allowing a teacher to appeal eligibility as an eligible teacher with a qualifying
278
assignment on the basis that the teacher has a teaching assignment that is
279
substantially equivalent to a high-needs area; and
280
(B) requiring a teacher to provide transcripts and other documentation to the LEA
281
governing board in order for the LEA governing board to determine if the
282
teacher is an eligible teacher with a qualifying teaching background;
283
(iv) a process for determining if a teacher is an eligible teacher, including a
284
verification process; and
285
(v) a process for certifying a list of eligible teachers to be awarded a salary
286
supplement under this section.
287
(b) An LEA shall update the policy described in Subsection (2)(a) annually and provide
288
notice of any changes to teachers within the LEA.
289
(3) Subject to legislative appropriations and an LEA having the policy described in
290
Subsection (2), the state board shall allocate funding appropriated for the Salary
291
Supplements for Highly Needed Educators program in accordance with this section by:
292
(a) for charter schools:
293
(i) distributing an amount that is equal to the product of:
294
(A) charter school enrollment on October 1 in the prior year, or, for a new charter
295
school, projected enrollment for a charter school in the charter school's first
296
year of operations, divided by enrollment on October 1 in public schools
297
statewide in the prior year; and
298
(B) the total amount available for distribution; and
299
(ii) allocating to each charter school:
300
(A) an equally divided portion of 20% of the amount described in Subsection
301
(3)(a)(i); and
302
(B) 80% of the amount described in Subsection (3)(a)(i) on a per-student basis; and
- 9 - H.B. 76 02-06 11:34
303
(b) for school districts and the Utah Schools for the Deaf and the Blind:
304
(i) distributing the remainder of funds available for distribution after the distribution
305
to charter schools under Subsection (3)(a)(i) by allocating to each school district:
306
(A) an equally divided portion of 20% of the amount described in Subsection
307
(3)(b)(i); and
308
(B) 80% of the amount described in Subsection (3)(b)(i) on a per-student basis.
309
(c) An LEA shall use funds described in Subsections (3)(a) and (3)(b) to pay the LEA's
310
proportional part of an eligible teacher's salary supplement if:
311
(i) the eligible teacher is an employee of a regional education service agency, as
312
defined in Section 53G-4-410; and
313
(ii) the LEA is a member of the regional education service agency that employs the
314
eligible teacher.
315
(4)(a) An LEA shall include employer-paid benefits in the amount of each salary
316
supplement.
317
(b) Employer-paid benefits are an addition to the salary supplement amount established
318
by an LEA under Subsection (2).
319
(5) The salary supplement is part of an eligible teacher's base pay, subject to eligible
320
teacher's qualification as an eligible teacher every year, semester, or quarter.
321
(6) The state board shall annually report to the Education Interim Committee:
322
(a) which teaching assignments LEAs have designated as high-needs; and
323
(b) the number of eligible teachers.
324
(7) An LEA may increase the amount of funds the LEA provides to the LEA's teachers
325
under the program if the LEA:
326
(a) first ensures proper distribution of funds the LEA receives under the program to the
327
the LEA's teachers; and
328
(b) experiences a carry forward or leftover balance.
329
Section 11. Section 53F-4-203 is amended to read:
330
53F-4-203 (Effective 05/07/25). Early interactive reading software --
331
Independent evaluator.
332
(1) Subject to legislative appropriations, the state board shall distribute funds to public
333
schools based on enrollment for students in kindergarten through grade 3 to purchase
334
personalized interactive reading software.
335
(2) A public school that receives funds described in Subsection (1) shall use the funds for a
336
student in kindergarten or grade 1, 2, or 3:
- 10 - 02-06 11:34 H.B. 76
337
(a) for intervention for the student if the student is reading below grade level; or
338
(b) for advancement beyond grade level for the student if the student is reading at or
339
above grade level.
340
(3)(a) On or before August 1 of each year, the state board shall select and contract with
341
an independent evaluator, through a request for proposals process, to act as an
342
independent contractor to evaluate early interactive reading software provided under
343
this section.
344
(b) The state board shall ensure that a contract with an independent evaluator requires
345
the independent evaluator to:
346
(i) evaluate a student's learning gains as a result of using early interactive reading
347
software provided under Subsection (1);
348
(ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not
349
developed by a provider of early interactive reading software; and
350
(iii) determine the extent to which a public school uses the early interactive reading
351
software.
352
(c) The state board and the independent evaluator selected under Subsection (3)(a) shall
353
submit a report on the results of the evaluation in accordance with Section 53E-1-201.
354
(4) An LEA may acquire an analytical software program that:
355
(a) monitors, for an individual school, early intervention interactive reading software use
356
and the associated impact on student performance; and
357
(b) analyzes the information gathered under Subsection (4)(a) to prescribe individual
358
school usage time to maximize the beneficial impact on student performance.
359
(5) The state board:
360
(a) may use up to [4%] 6% of the appropriation provided under Subsection (1):
361
(i) to contract with an independent evaluator selected under Subsection (3)(a); and
362
(ii) for administrative costs associated with this section; and
363
(b) shall distribute at least [96%] 94% of funds under this section to LEAs in accordance
364
with Subsection (1).
365
(6) Nothing in this section or in Section 53E-4-307 or 53G-11-303 requires a reading
366
software product to demonstrate the statistically significant effect size described in
367
Subsection 53G-11-303(1)(a) in order to be used as an instructional material.
368
Section 22. Section 53G-4-402 is amended to read:
369
53G-4-402 (Effective 05/07/25). Powers and duties generally.
370
(1) A local school board shall:
- 11 - H.B. 76 02-06 11:34
371
(a) implement the core standards for Utah public schools using instructional materials
372
that best correlate to the core standards for Utah public schools and graduation
373
requirements;
374
(b) administer tests, required by the state board, which measure the progress of each
375
student, and coordinate with the state superintendent and state board to assess results
376
and create plans to improve the student's progress, which shall be submitted to the
377
state board for approval;
378
(c) use progress-based assessments as part of a plan to identify schools, teachers, and
379
students that need remediation and determine the type and amount of federal, state,
380
and local resources to implement remediation;
381
(d) for each grading period and for each course in which a student is enrolled, issue a
382
grade or performance report to the student:
383
(i) that reflects the student's work, including the student's progress based on mastery,
384
for the grading period; and
385
(ii) in accordance with the local school board's adopted grading or performance
386
standards and criteria;
387
(e) develop early warning systems for students or classes failing to make progress;
388
(f) work with the state board to establish a library of documented best practices,
389
consistent with state and federal regulations, for use by the special districts;
390
(g) implement training programs for school administrators, including basic management
391
training, best practices in instructional methods, budget training, staff management,
392
managing for learning results and continuous improvement, and how to help every
393
student achieve optimal learning in basic academic subjects; and
394
(h) ensure that the local school board meets the data collection and reporting standards
395
described in Section 53E-3-501.
396
(2) Local school boards shall spend Minimum School Program funds for programs and
397
activities for which the state board has established minimum standards or rules under
398
Section 53E-3-501.
399
(3)(a) A local school board may purchase, sell, and make improvements on school sites,
400
buildings, and equipment, and construct, erect, and furnish school buildings.
401
(b) School sites or buildings may only be conveyed or sold on local school board
402
resolution affirmed by at least two-thirds of the school board members.
403
(4)(a) A local school board may participate in the joint construction or operation of a
404
school attended by students residing within the district and students residing in other
- 12 - 02-06 11:34 H.B. 76
405
districts either within or outside the state.
406
(b) Any agreement for the joint operation or construction of a school shall:
407
(i) be signed by the president of the local school board of each participating district;
408
(ii) include a mutually agreed upon pro rata cost; and
409
(iii) be filed with the state board.
410
(5) A local school board may establish, locate, and maintain elementary, secondary, and
411
applied technology schools.
412
(6) A local school board may enter into cooperative agreements with other local school
413
boards to provide educational services that best utilize resources for the overall
414
operation of the school districts, including shared transportation services.
415
(7) A local school board shall ensure that an agreement under Subsection (6):
416
(a) is signed by the president of the local school board of each participating district;
417
(b) specifies the resource being shared;
418
(c) includes a mutually agreed upon pro rata cost;
419
(d) includes the duration of the agreement; and
420
(e) is filed with the state board.
421
(8)(a) Except as provided in Section 53E-3-905 and Subsection (8)(b), a local school
422
board may enroll children in school who are at least five years old before September
423
2 of the year in which admission is sought.
424
(b) A local school board may enroll a child in kindergarten who does not meet the age
425
requirement described in Subsection (8)(a) if the child:
426
(i) moves to Utah from a different state in which the child, during the relevant school
427
year:
428
(A) was a resident; and
429
(B) was enrolled in kindergarten Ĥ→ at an accredited school ←Ĥ in accordance with the
429a
previous state's age
430
requirements for kindergarten enrollment; and
431
(ii) transfers to the enrolling school after the beginning of the same school year.
432
(9) A local school board:
433
(a) may establish and support school libraries; and
434
(b) shall provide an online platform:
435
(i) through which a parent is able to view the title, author, and a description of any
436
material the parent's child borrows from the school library, including a history of
437
borrowed materials, either using an existing online platform that the LEA uses or
- 13 - H.B. 76 02-06 11:34
438
through a separate platform; and
439
(ii)(A) for a school district with 1,000 or more enrolled students, no later than
440
August 1, 2024; and
441
(B) for a school district with fewer than 1,000 enrolled students, no later than
442
August 1, 2026.
443
(10) A local school board may collect damages for the loss, injury, or destruction of school
444
property.
445
(11) A local school board may authorize guidance and counseling services for students and
446
the student's parents before, during, or following school enrollment.
447
(12)(a) A local school board shall administer and implement federal educational
448
programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or
449
National Education Programs.
450
(b) Federal funds are not considered funds within the school district budget under
451
Chapter 7, Part 3, Budgets.
452
(13)(a) A local school board may organize school safety patrols and adopt policies
453
under which the patrols promote student safety.
454
(b) A student appointed to a safety patrol shall be at least 10 years old and have written
455
parental consent for the appointment.
456
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of
457
a highway intended for vehicular traffic use.
458
(d) Liability may not attach to a school district, its employees, officers, or agents, or to a
459
safety patrol member, a parent of a safety patrol member, or an authorized volunteer
460
assisting the program by virtue of the organization, maintenance, or operation of a
461
school safety patrol.
462
(14)(a) A local school board may on its own behalf, or on behalf of an educational
463
institution for which the local school board is the direct governing body, accept
464
private grants, loans, gifts, endowments, devises, or bequests that are made for
465
educational purposes.
466
(b) The contributions made under Subsection (14)(a) are not subject to appropriation by
467
the Legislature.
468
(15)(a) A local school board may appoint and fix the compensation of a compliance
469
officer to issue citations for violations of Subsection 76-10-105(2)(b).
470
(b) A person may not be appointed to serve as a compliance officer without the person's
471
consent.
- 14 - 02-06 11:34 H.B. 76
472
(c) A teacher or student may not be appointed as a compliance officer.
473
(16) A local school board shall adopt bylaws and policies for the local school board's own
474
procedures.
475
(17)(a) A local school board shall make and enforce policies necessary for the control
476
and management of the district schools.
477
(b) Local school board policies shall be in writing, filed, and referenced for public
478
access.
479
(18) A local school board may hold school on legal holidays other than Sundays.
480
(19)(a) A local school board shall establish for each school year a school traffic safety
481
committee to implement this Subsection (19).
482
(b) The committee shall be composed of one representative of:
483
(i) the schools within the district;
484
(ii) the Parent Teachers' Association of the schools within the district;
485
(iii) the municipality or county;
486
(iv) state or local law enforcement; and
487
(v) state or local traffic safety engineering.
488
(c) The committee shall:
489
(i) receive suggestions from school community councils, parents, teachers, and
490
others, and recommend school traffic safety improvements, boundary changes to
491
enhance safety, and school traffic safety program measures;
492
(ii) review and submit annually to the Department of Transportation and affected
493
municipalities and counties a child access routing plan for each elementary,
494
middle, and junior high school within the district;
495
(iii) in consultation with the Utah Safety Council and the Division of Family Health[
496
Services], provide training to all students in kindergarten through grade 6, within
497
the district, on school crossing safety and use; and
498
(iv) help ensure the district's compliance with rules made by the Department of
499
Transportation under Section 41-6a-303.
500
(d) The committee may establish subcommittees as needed to assist in accomplishing the
501
committee's duties under Subsection (19)(c).
502
(20)(a) A local school board shall adopt and implement a comprehensive emergency
503
response plan to prevent and combat violence in the local school board's public
504
schools, on school grounds, on school vehicles, and in connection with
505
school-related activities or events.
- 15 - H.B. 76 02-06 11:34
506
(b) The local school board shall ensure that the plan:
507
(i) includes prevention, intervention, and response components;
508
(ii) is consistent with the school discipline and conduct policies required for school
509
districts under Chapter 8, Part 2, School Discipline and Conduct Plans;
510
(iii) requires professional learning for all district and school building staff on the
511
staff's roles in the emergency response plan;
512
(iv) provides for coordination with local law enforcement and other public safety
513
representatives in preventing, intervening, and responding to violence in the areas
514
and activities referred to in Subsection (20)(a); and
515
(v) includes procedures to notify a student who is off campus at the time of a school
516
violence emergency because the student is:
517
(A) participating in a school-related activity; or
518
(B) excused from school for a period of time during the regular school day to
519
participate in religious instruction at the request of the student's parent.
520
(c) The state board, through the state superintendent, shall develop comprehensive
521
emergency response plan models that local school boards may use, where
522
appropriate, to comply with Subsection (20)(a).
523
(d) A local school board shall, by July 1 of each year, certify to the state board that its
524
plan has been practiced at the school level and presented to and reviewed by its
525
teachers, administrators, students, and the student's parents and local law enforcement
526
and public safety representatives.
527
(21)(a) A local school board may adopt an emergency response plan for the treatment of
528
sports-related injuries that occur during school sports practices and events.
529
(b) The plan may be implemented by each secondary school in the district that has a
530
sports program for students.
531
(c) The plan may:
532
(i) include emergency personnel, emergency communication, and emergency
533
equipment components;
534
(ii) require professional learning on the emergency response plan for school
535
personnel who are involved in sports programs in the district's secondary schools;
536
and
537
(iii) provide for coordination with individuals and agency representatives who:
538
(A) are not employees of the school district; and
539
(B) would be involved in providing emergency services to students injured while
- 16 - 02-06 11:34 H.B. 76
540
participating in sports events.
541
(d) The local school board, in collaboration with the schools referred to in Subsection
542
(21)(b), may review the plan each year and make revisions when required to improve
543
or enhance the plan.
544
(e) The state board, through the state superintendent, shall provide local school boards
545
with an emergency plan response model that local school boards may use to comply
546
with the requirements of this Subsection (21).
547
(22)(a) A local school board shall approve an LEA's policies and procedures that an
548
LEA develops to ensure that students have non-electronic notification of and access
549
to:
550
(i) school activities and events, including:
551
(A) schedule changes;
552
(B) extracurricular activities; and
553
(C) sporting events; and
554
(ii) the emergency response plans described in Subsections (20) and (21).
555
(b) Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of
556
and access to school activities and events as described in Subsections (22)(a)(i) and
557
(ii) if:
558
(i)(A) the school provides each student with an electronic device; and
559
(B) the electronic device is capable of receiving electronic notification of and
560
access to school activities and events as described in Subsections (22)(a)(i) and
561
(ii); or
562
(ii) an emergency, unforeseen circumstance, or other incident arises and an LEA
563
cannot reasonably provide timely non-electronic notification.
564
(c) An LEA may not require the use of a privately owned electronic device to complete
565
course work.
566
(23) A local school board shall do all other things necessary for the maintenance,
567
prosperity, and success of the schools and the promotion of education.
568
(24)(a) As used in this subsection, "special enrollment program" means a full-day
569
academic program in which a parent opts to enroll the parent's student and that is
570
offered at a specifically designated school within an LEA, including:
571
(i) gifted or advanced learning programs; or
572
(ii) dual language immersion programs.
573
(b) Before closing a school, changing the boundaries of a school, or changing or closing
- 17 - H.B. 76 02-06 11:34
574
the location of a special enrollment program, a local school board shall:
575
(i) at a local school board meeting, make and approve a motion to initiate the
576
notification required under Subsections (24)(b)(ii) through (iv);
577
(ii) on or before 90 days before the day on which the local school board approves the
578
school closure or at least 30 days before the day on which the local school board
579
approves a school boundary change, provide notice that the local school board is
580
considering the closure or boundary change to:
581
(A) parents of students enrolled in the school, using the same form of
582
communication the local school board regularly uses to communicate with
583
parents and also by mail, using the United States Postal Service, to the parents
584
at each known address;
585
(B) parents of students enrolled in other schools within the school district that may
586
be affected by the closure or boundary change, using the same form of
587
communication the local school board regularly uses to communicate with
588
parents and also by mail, using the United States Postal Service, to the parents
589
at each known address; and
590
(C) the governing council and the mayor of the municipality in which the school is
591
located;
592
(iii) provide an opportunity for public comment on the proposed school closure
593
during at least two public local school board meetings;
594
(iv) provide an opportunity for public comment on the proposed school boundary
595
change during one public local school board meeting; and
596
(v) hold a public hearing as defined in Section 10-9a-103 and provide public notice
597
of the public hearing in accordance with Subsection (24)(c).
598
(c) A local school board shall:
599
(i) ensure that the notice of a public hearing required under Subsection (24)(b)(v)
600
indicates the:
601
(A) name of the school or schools under consideration for closure or boundary
602
change; and
603
(B) the date, time, and location of the public hearing;
604
(ii) if feasible, hold the public hearing at the location of the school that is under
605
consideration for closure;
606
(iii) for at least 10 days before the day on which the public hearingoccurs, publish the
607
notice of public hearing occurs, publish the notice of the public hearing for the
- 18 - 02-06 11:34 H.B. 76
608
school district in which the school is located, as a class A notice under Section
609
63G-30-102; and
610
(iv) at least 30 days before the day on which the public hearing occurs, provide notice
611
of the public hearing in the same manner as the notice of consideration under
612
Subsection (24)(b)(ii).
613
(d) A motion made under Subsection (24)(b) shall name each school under consideration
614
for closure in a separate motion.
615
(e) For a school closure, a local school board shall complete the process described in this
616
Subsection (24) on or before December 31 of the calendar year preceding the
617
beginning of the school year in which a school closure takes effect.
618
(f)(i) For a school boundary change, a local school board shall complete the process
619
described in this Subsection (24) no more than 60 days after the day on which the
620
local school board votes to approve a school closure.
621
(ii) Parents of students enrolled in a school affected by a boundary change shall have
622
at least 30 days after the day on which the local school board votes to approve a
623
school boundary change to request an out of area enrollment request in accordance
624
with Chapter 6, Part 4, School District Enrollment.
625
(25) A local school board may implement a facility energy efficiency program established
626
under Title 11, Chapter 44, Performance Efficiency Act.
627
(26) A local school board may establish or partner with a certified youth court in
628
accordance with Section 80-6-902 or establish or partner with a comparable restorative
629
justice program, in coordination with schools in that district. A school may refer a
630
student to a youth court or a comparable restorative justice program in accordance with
631
Section 53G-8-211.
632
(27)(a) As used in this Subsection (27):
633
(i) "Learning material" means any learning material or resource used to deliver or
634
support a student's learning, including textbooks, reading materials, videos, digital
635
materials, websites, and other online applications.
636
(ii)(A) "Instructional material" means learning material that a local school board
637
adopts and approves for use within the LEA.
638
(B) "Instructional material" does not include learning material used in a
639
concurrent enrollment, advanced placement, or international baccalaureate
640
program or class or another class with required instructional material that is not
641
subject to selection by the local school board.
- 19 - H.B. 76 02-06 11:34
642
(iii) "Supplemental material" means learning material that:
643
(A) an educator selects for classroom use; and
644
(B) a local school board has not considered and adopted, approved, or prohibited
645
for classroom use within the LEA.
646
(b) A local school board shall:
647
(i) make instructional material that the school district uses readily accessible and
648
available for a parent to view;
649
(ii) annually notify a parent of a student enrolled in the school district of how to
650
access the information described in Subsection (27)(b)(i); and
651
(iii) include on the school district's website information about how to access the
652
information described in Subsection (27)(b)(i).
653
(c) In selecting and approving instructional materials for use in the classroom, a local
654
school board shall:
655
(i) establish an open process, involving educators and parents of students enrolled in
656
the LEA, to review and recommend instructional materials for board approval; and
657
(ii) ensure that under the process described in Subsection (27)(c)(i), the board:
658
(A) before the meetings described in Subsection (27)(c)(ii)(B), posts the
659
recommended learning material online to allow for public review or, for
660
copyrighted material, makes the recommended learning material available at
661
the LEA for public review;
662
(B) before adopting or approving the recommended instructional materials, holds
663
at least two public meetings on the recommendation that provides an
664
opportunity for educators whom the LEA employs and parents of students
665
enrolled in the LEA to express views and opinions on the recommendation; and
666
(C) adopts or approves the recommended instructional materials in an open and
667
regular board meeting.
668
(d) A local school board shall adopt a supplemental materials policy that provides
669
flexible guidance to educators on the selection of supplemental materials or resources
670
that an educator reviews and selects for classroom use using the educator's
671
professional judgment, including whether any process or permission is required
672
before classroom use of the materials or resources.
673
(e) If an LEA contracts with another party to provide online or digital materials, the
674
LEA shall include in the contract a requirement that the provider give notice to the
675
LEA any time that the provider makes a material change to the content of the online
- 20 - 02-06 11:34 H.B. 76
676
or digital materials, excluding regular informational updates on current events.
677
(f) Nothing in this Subsection (27) requires a local school board to review all learning
678
materials used within the LEA.
679
Section 17. Section 53G-7-203 is amended to read:
680
53G-7-203 (Effective 05/07/25). Kindergartens -- Establishment -- Funding --
681
Assessment.
682
(1) Kindergartens are an integral part of the state's public education system.
683
(2)(a) Each LEA governing board shall provide kindergarten classes free of charge for
684
kindergarten children residing within the district or attending the charter school.
685
(b) Each LEA governing board shall:
686
(i) provide a half-day kindergarten option for a student that comprises the minimum
687
standards for half-day kindergarten that the state board establishes, in accordance
688
with Subsection (4)(a)(iii), if the student's parent requests a half-day option; and
689
(ii)(A) inform parents of the availability of the option to register for a designated
690
full-curriculum half-day kindergarten option at the time of all kindergarten
691
registration, by email, posters, or other announcements when a parent requests
692
kindergarten registration; and
693
(B) provide the option to register for a designated half-day kindergarten option at
694
the time of registration;
695
(iii) provide a dedicated kindergarten class specifically designated as a half-day
696
kindergarten class when enrollment of half-day kindergarten students at an
697
individual school or a regional school exceeds a minimum of 18 students;
698
(iv) when enrollment of half-day kindergarten students at an individual school
699
exceeds a minimum of 18 students, designate the school as a half-day
700
kindergarten provider for the improvement of recruiting teachers that prefer
701
half-day teaching;
702
(v) inform parents regarding the additional educational resources and opportunities
703
available to parents who select the half-day kindergarten option; and
704
(vi) ensure that a half-day kindergarten student who is registered in a class that
705
includes full-day kindergarten students receives instruction that at least meets the
706
minimum standards for half-day kindergarten that the state board establishes, in
707
accordance with Subsection (4)(a)(iii).
708
(c) Nothing in this Subsection (2):
709
(i) allows an LEA governing board to require a student to participate in a full-day
- 21 - H.B. 76 02-06 11:34
710
kindergarten program;
711
(ii) modifies the non-compulsory status of kindergarten under [Title 53G, ]Chapter 6,
712
Part 2, Compulsory Education; or
713
(iii) requires a student who only attends a half day of kindergarten to participate in
714
dual enrollment under Section 53G-6-702.
715
(3) Kindergartens established under Subsection (2) shall receive state money under Title
716
53F, Public Education System -- Funding.
717
(4)(a) The state board shall:
718
(i) develop and collect data from a kindergarten assessment that the board selects by
719
rule;
720
(ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
721
Rulemaking Act, regarding the administration of and reporting regarding the
722
assessment described in Subsection (4)(a)(i); and
723
(iii) establish minimum standards for half-day kindergarten.
724
(b) An LEA shall:
725
(i) administer the assessment described in Subsection (4)(a) to each kindergarten
726
student; and
727
(ii) report to the state board the results of the assessment described in Subsection
728
(4)(b)(i) in relation to each kindergarten student in the LEA.
729
(5) The state board shall require LEAs to report average daily membership for all
730
kindergarten students who attend kindergarten on a schedule that is equivalent in length
731
to the schedule for grades 1 through 3 with the October 1 data described in Section
732
53F-2-302.
733
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
734
state board shall make rules to:
735
(a) beginning with the 2024-2025 school year, require a student to be toilet trained
736
before being enrolled in kindergarten;
737
(b) establish requirements for an LEA's kindergarten enrollment process to include
738
assurances from a parent that the parent's student is toilet trained; and
739
[(c) create a process for an LEA to follow when an enrolled student in kindergarten is
740
found to not be toilet trained, including:]
741
[(i) referring the student and the student's parent to a school social worker or
742
counselor for additional family supports and resources;]
743
[(ii) allowing a parent or the parent's adult designee to aid in toilet training as
- 22 - 02-06 11:34 H.B. 76
744
needed; and]
745
[(iii) when needed, reintegration of a student once the student has become toilet
746
trained; and]
747
[(d)] (c) create exemptions from the requirement in Subsection (6)(a) for a student who is
748
not able to be toilet trained before kindergarten because of a condition Ĥ→ that is
748a
subject to federal child find requirements or ←Ĥ described in
749
an IEP or Section 504 accommodation plan.
750
Section 6. Section 53G-7-218 is amended to read:
751
53G-7-218 (Effective 05/07/25). Establishment of early learning plan.
752
(1) A local school board of a school district or a charter school governing board of a charter
753
school that serves students in any of kindergarten or grades 1 through 3 shall annually
754
submit to the state board an early learning plan that includes[:]
755
[(a)] the early mathematics plan described in Section 53E-3-521, including:
756
[(i)] (a) a growth goal for the school district or charter school that:
757
[(A)] (i) is based upon student learning gains as measured by the mathematics
758
benchmark assessment described in Section 53E-4-307.5; and
759
[(B)] (ii) includes the target that the state board establishes under Section 53E-3-521;
760
and
761
[(ii)] (b) [one goal] two goals that:
762
[(A)] (i) [is] are specific to the school district or charter school;
763
[(B)] (ii) [is] are measurable;
764
[(C)] (iii) [addresses] address current performance gaps in student mathematics
765
proficiency based on data; and
766
[(D)] (iv) [includes] include specific strategies for improving outcomes[; and] .
767
[(b) one additional goal related to literacy or mathematics that:]
768
[(i) is specific to the school district or charter school;]
769
[(ii) is measurable;]
770
[(iii) addresses current performance gaps in student literacy or mathematics
771
proficiency based on data; and]
772
[(iv) includes specific strategies for improving outcomes.]
773
[(2) A local school board or charter school governing board shall approve a plan described
774
in Subsection (1) in a public meeting before submitting the plan to the state board.]
775
[(3)] (2)(a) The state board shall:
776
(i) provide model plans that a local school board or a charter school governing board
- 23 - H.B. 76 02-06 11:34
777
may use;
778
(ii) develop uniform standards for acceptable growth goals that a local school board
779
or a charter school governing board adopts for a school district or charter school
780
under this section; and
781
(iii) review and approve or disapprove a plan submitted under this section.
782
(b) Notwithstanding Subsection [(3)(a)] (2)(a), a local school board or a charter school
783
governing board may develop the board's own plan.
784
[(4)] (3) The state board shall:
785
(a) develop strategies to provide support for a school district or charter school that fails
786
to meet:
787
(i) the growth goal related to the state mathematics target described in Subsection [
788
(1)(a)(i)] (1)(a); and
789
(ii) one of the goals specific to the school district or charter school described in
790
Subsection [(1)(a)(ii) or ](1)(b); and
791
(b) provide increasing levels of support to a school district or charter school that fails to
792
meet the combination of goals described in Subsection [(4)(a) for two consecutive
793
years] (3)(a).
794
[(5)(a) The state board shall use a digital reporting platform to provide information to
795
school districts and charter schools about interventions that increase proficiency in
796
literacy and mathematics.]
797
[(b) The digital reporting platform described in Subsection (5)(a) shall include
798
performance information for a school district or charter school on the goals described
799
in Subsection (1).]
800
Section 25. Section 53G-7-503 is amended to read:
801
53G-7-503 (Effective 05/07/25). Fees -- Prohibitions -- Voluntary supplies --
802
Enforcement -- Penalties.
803
(1) An LEA may only charge a fee if the fee is:
804
(a) authorized under this part; and
805
(b) noticed by the LEA governing board in accordance with Section 53G-7-505.
806
(2)(a) An LEA may not require a fee for elementary school activities that are part of the
807
regular school day or for supplies used during the regular school day.
808
(b) An elementary school or elementary school teacher may compile and provide to an
809
elementary school student's parent a suggested list of supplies for use during the
810
regular school day so that a parent may furnish, only on a voluntary basis, those
- 24 - 02-06 11:34 H.B. 76
811
supplies for student use.
812 (c) A list provided to an elementary school student's parent in accordance with Subsection813
(2)(b) shall include and be preceded by the following language:814
"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR815
SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,816
OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
817
(3) Beginning with the 2025-2026 school year:
818
(a) an LEA may not charge a secondary student a fee for a curricular activity or a
819
co-curricular activity [that] if the activity is expressly required for the instruction of
820
established core standards as described in Section 53E-4-202 or 53E-4-204,[ and that
821
is not an elective,] except for the following:
822
(i) an elective, including a course for which a student earns credit toward a fine arts
823
requirement under the standards described in Subsection 53E-4-204(2);
824
[(i)] (ii) instructional equipment or supplies;
825
[(ii)] (iii) a driver education course described in Section 53G-10-503;
826
[(iii)] (iv) a payment for a fee for:
827
(A) open enrollment application processing in accordance with Section 53G-6-402;
828
(B) charter school application processing in accordance with Section 53G-6-503;
829
or
830
(C) competency remediation programs in accordance with Section 53G-9-803;
831
[(iv)] (v) a fee described in Subsection [(5)] (4);
832
[(v)] (vi) a music instrument rental; or
833
[(vi)] (vii) school activity clothing;
834
(b) for that portion of a co-curricular activity that is during regular school hours, an LEA
835
may only charge a secondary student for the fees described in Subsection (3)(a); and
836
(c) an LEA may charge a secondary student a fee for a co-curricular activity or
837
extracurricular activity, including the life-cycle replacement costs for school
838
equipment directly related to the co-curricular or extracurricular activity.
839
(4) An LEA may charge a secondary student:
840
(a) or an individual, a fee for an adult education course in accordance with Section
841
53E-10-202; or
842
(b) a fee for tuition, college credit, an exam, or a textbook, as described in Section
843
53G-7-506, for:
844
(i) an Advanced Placement course;
- 25 - H.B. 76 02-06 11:34
845
(ii) an International Baccalaureate course; or
846
(iii) a concurrent enrollment course, as described in Section 53E-10-302.
847
(5) An LEA may not charge a fee, except as provided in Subsection (3)(c):
848
(a) for school equipment; or
849
(b) that is general in nature and for a service or good that does not have a direct benefit
850
to the student paying the fee.
851
(6) An LEA governing board shall authorize each fee individually.
852
(7)(a) If an LEA imposes a fee under this part, the fee shall be equal to or less than the
853
expense incurred by the LEA in providing for a student the activity, course, or
854
program for which the LEA imposes the fee.
855
(b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
856
another fee, including a fee to supplant or subsidize an expense that the LEA incurs
857
for:
858
(i) a curricular activity; or
859
(ii) an expense for the portion of a co-curricular activity that occurs during regular
860
school hours.
861
(8) Notwithstanding Section 53E-3-401, if the state board finds that an LEA has violated a
862
provision of this part, the state board shall impose corrective action against the LEA,
863
which may include:
864
(a) requiring an LEA to repay improperly charged fees;
865
(b) withholding state funds; or
866
(c) suspending the LEA's authority to charge fees for an amount of time specified by the
867
state board.
868
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
869
state board shall make rules:
870
(a) that require notice and an opportunity to be heard for an LEA affected by a state
871
board action described in this Subsection (9); and
872
(b) to administer this Subsection (9).
873
Section 27. Effective Date.
874
(1) Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
875
(2) The actions affecting Section 53F-2-504 (Effective 7/1/2025) take effect on July 1, 2025.
- 26 -