Utah 2025 Regular Session

Utah House Bill HB0076 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 76
	1	+	02-28 11:31 1st Sub. (Buff) H.B. 76
	2	+	Tracy J. Miller proposes the following substitute bill:
2	3		1
3	4		Public Education Revisions
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Tracy J. Miller
7	8		Senate Sponsor: Heidi Balderree
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions and programs regarding the operation of the public education
16	17		6
17	18		system.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ removes duplicative language regarding a college and career readiness plan;
24	25		10
25	26		▸ amends the Teacher Salary Supplement Program and the upcoming replacement Salary
26	27		11
27	28		Supplement for Highly Needed Educators program to allow a local education agency
28	29		12
29	30		(LEA) that experiences a carry forward or leftover balance to increase the amount the
30	31		13
31	32		LEA provides to teachers under certain circumstances;
32	33		14
33	34		▸ adds the Utah Schools for the Deaf and the Blind as an LEA that may participate in the
34	35		15
35	36		Salary Supplement for Highly Needed Educators program;
36	37		16
37	38		▸ increases the portion of appropriated funding the State Board of Education (state board) is
38	39		17
39	40		statutorily authorized to expend for administrative costs for early literacy software,
40	41		18
41	42		including the cost of an independent software evaluator;
42	43		19
43	44		▸ amends provisions regarding kindergarten to:
44	45		20
45	46		● allow a child to enroll in kindergarten if the child moves to Utah after having enrolled
46	47		21
47	48		in kindergarten in another state with different age requirements for enrollment; and
48	49		22
49	50		● repeal a requirement for the state board to create a process for an LEA to follow when
50	51		23
51		-	an enrolled student in ~~public school~~ is not toilet-trained;
	52	+	an enrolled student in kindergarten is not toilet-trained;
52	53		24
53	54		▸ amends provisions regarding early learning plans to:
54	55		25
55	56		● reduce requirements for the plans that LEAs submit to the state board; and
56	57		26
57	58		● repeal a requirement for the state board to use a digital platform to communicate with
58	59		27
59		-	LEAs regarding early learning; ~~H.B. 76 Enrolled Copy~~
	60	+	LEAs regarding early learning;
60	61		28
61	62		▸ amends provisions related to school fees to ensure that a school is not prohibited from
	63	+	1st Sub. H.B. 76 1st Sub. (Buff) H.B. 76 02-28 11:31
62	64		29
63	65		charging a fee for a fine arts course; and
64	66		30
65	67		▸ makes technical and conforming changes.
66	68		31
67	69		Money Appropriated in this Bill:
68	70		32
69	71		None
70	72		33
71	73		Other Special Clauses:
72	74		34
73	75		This bill contains a special effective date.
74	76		35
75	77		Utah Code Sections Affected:
76	78		36
77	79		AMENDS:
78	80		37
79	81		53E-2-304 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 69
80	82		38
81	83		53F-2-504 (Effective 05/07/25) (Superseded 07/01/25), as last amended by Laws of Utah
82	84		39
83	85		2024, Chapter 468
84	86		40
85	87		53F-2-504 (Effective 07/01/25), as repealed and reenacted by Laws of Utah 2024,
86	88		41
87	89		Chapter 374
88	90		42
89	91		53F-4-203 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 20
90	92		43
91	93		53G-4-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 67, 476
92	94		44
93	95		53G-7-203 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 354
94	96		45
95	97		53G-7-218 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 460
96	98		46
97	99		53G-7-503 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 497
98	100		47
99	101
100	102		48
101	103		Be it enacted by the Legislature of the state of Utah:
102	104		49
103	105		Section 1. Section 53E-2-304 is amended to read:
104	106		50
105	107		53E-2-304 (Effective 05/07/25). School district and individual school powers --
106	108		51
107	109		Plan for college and career readiness definition.
108	110		52
109	111		(1) In order to acquire and develop the characteristics listed in Section 53E-2-302, each
110	112		53
111	113		school district and each public school within its respective district shall implement a
112	114		54
113	115		comprehensive system of accountability in which students advance through public
114	116		55
115	117		schools by demonstrating competency in the core standards for Utah public schools
116	118		56
117	119		through the use of diverse assessment instruments such as authentic assessments,
118	120		57
119	121		projects, and portfolios.
120	122		58
121	123		(2)(a) Each school district and public school shall:
122	124		59
123	125		(i) develop and implement programs integrating technology into the curriculum,
124	126		60
125	127		instruction, and student assessment;
126	128		61
127	129		(ii) in accordance with Subsection (5) and beginning July 1, 2025:
128		-	- 2 - Enrolled Copy H.B. 76
129	130		62
130	131		(A) provide an environment to all educators, school staff, and students that does
	132	+	- 2 - 02-28 11:31 1st Sub. (Buff) H.B. 76
131	133		63
132	134		not pose a predictable threat of serious bodily injury to the educators, school
133	135		64
134	136		staff, or students;
135	137		65
136	138		(B) provide an education to all students in which the students' classroom is not
137	139		66
138	140		disrupted by a pattern of behavior that interferes substantially and materially
139	141		67
140	142		with classroom instruction; and
141	143		68
142	144		(C) provide an environment to all educators, school staff, and students that is free
143	145		69
144	146		from repeated verbal or physical sexual harassment or sexual assault;
145	147		70
146	148		(iii) provide for teacher and parent involvement in policymaking at the school site;
147	149		71
148	150		(iv) implement a public school choice program to give parents, students, and teachers
149	151		72
150	152		greater flexibility in designing and choosing among programs with different
151	153		73
152	154		focuses through schools within the same district and other districts, subject to
153	155		74
154	156		space availability, demographics, and legal and performance criteria;
155	157		75
156	158		(v) establish strategic planning at both the district and school level and site-based
157	159		76
158	160		decision making programs at the school level;
159	161		77
160	162		(vi) provide opportunities for each student to acquire and develop academic and
161	163		78
162	164		occupational knowledge, skills, and abilities;
163	165		79
164	166		(vii) participate in ongoing research and development projects primarily at the school
165	167		80
166	168		level aimed at improving the quality of education within the system; and
167	169		81
168	170		(viii) involve business and industry in the education process through the
169	171		82
170	172		establishment of partnerships with the business community at the district and
171	173		83
172	174		school level.
173	175		84
174	176		(b)(i) As used in this section, "plan for college and career readiness" means a plan
175	177		85
176	178		developed by a student and the student's parent, in consultation with school
177	179		86
178	180		counselors, teachers, and administrators that:
179	181		87
180	182		(A) is initiated at the beginning of grade 7;
181	183		88
182	184		(B) identifies a student's skills and objectives;
183	185		89
184	186		(C) maps out a strategy to guide a student's course selection; and
185	187		90
186	188		(D) links a student to post-secondary options, including higher education and
187	189		91
188	190		careers.
189	191		92
190	192		(ii) Each local school board, in consultation with school personnel, parents, and
191	193		93
192	194		school community councils or similar entities shall establish policies to provide
193	195		94
194	196		for the effective implementation of [an individual learning plan or ]a plan for
195	197		95
196	198		college and career readiness for each student at the school site.
197		-	- 3 - H.B. 76 Enrolled Copy
198	199		96
199	200		(iii) The policies shall include guidelines and expectations for:
	201	+	- 3 - 1st Sub. (Buff) H.B. 76 02-28 11:31
200	202		97
201	203		(A) recognizing the student's accomplishments, strengths, and progress toward
202	204		98
203	205		meeting student achievement standards as defined in the core standards for
204	206		99
205	207		Utah public schools;
206	208		100
207	209		(B) planning, monitoring, and managing education and career development; and
208	210		101
209	211		(C) involving students, parents, and school personnel in preparing and
210	212		102
211	213		implementing an individual learning plan and a plan for college and career
212	214		103
213	215		readiness.
214	216		104
215	217		(iv) A parent may request a conference with school personnel in addition to an
216	218		105
217	219		individual learning plan or a plan for college and career readiness conference
218	220		106
219	221		established by local school board policy.
220	222		107
221	223		(v) Time spent during the school day to implement an individual learning plan or a
222	224		108
223	225		plan for college and career readiness is considered part of the school term
224	226		109
225	227		described in Section 53F-2-102.
226	228		110
227	229		(3) A school district or public school may submit proposals to modify or waive rules or
228	230		111
229	231		policies of a supervisory authority within the public education system in order to acquire
230	232		112
231	233		or develop the characteristics listed in Section 53E-2-302.
232	234		113
233	235		(4)(a) Each school district and public school shall make an annual report to its patrons
234	236		114
235	237		on its activities under this section.
236	238		115
237	239		(b) The reporting process shall involve participation from teachers, parents, and the
238	240		116
239	241		community at large in determining how well the district or school is performing.
240	242		117
241	243		(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
242	244		118
243	245		state board shall make rules to ensure implementation of the requirements described in
244	246		119
245	247		Subsection (2)(a)(ii).
246	248		120
247	249		(6) Nothing in this section creates a private right of action or constitutes a waiver of
248	250		121
249	251		immunity under Section 63G-7-301.
250	252		122
251	253		Section 2. Section 53F-2-504 is amended to read:
252	254		123
253	255		53F-2-504 (Effective 05/07/25) (Superseded 07/01/25). Teacher Salary
254	256		124
255	257		Supplement Program.
256	258		125
257	259		(1) As used in this section:
258	260		126
259	261		(a) "Eligible teacher" means a teacher who:
260	262		127
261	263		(i) has a qualifying educational background or qualifying teaching background;
262	264		128
263	265		(ii) has a supplement-approved assignment that corresponds to the teacher's
264	266		129
265	267		qualifying educational background or qualifying teaching background;
266		-	- 4 - Enrolled Copy H.B. 76
267	268		130
268	269		(iii) qualifies for the teacher's supplement-approved assignment in accordance with
	270	+	- 4 - 02-28 11:31 1st Sub. (Buff) H.B. 76
269	271		131
270	272		state board rule; and
271	273		132
272	274		(iv)(A) is a new employee; or
273	275		133
274	276		(B) has not received an unsatisfactory rating on the teacher's three most recent
275	277		134
276	278		evaluations.
277	279		135
278	280		(b) "Field of computer science" means:
279	281		136
280	282		(i) computer science; or
281	283		137
282	284		(ii) computer information technology.
283	285		138
284	286		(c) "Field of science" means:
285	287		139
286	288		(i) integrated science;
287	289		140
288	290		(ii) chemistry;
289	291		141
290	292		(iii) physics;
291	293		142
292	294		(iv) physical science; or
293	295		143
294	296		(v) general science.
295	297		144
296	298		(d) "Qualifying educational background" means:
297	299		145
298	300		(i) for a teacher who is assigned a secondary school level mathematics course:
299	301		146
300	302		(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics;
301	303		147
302	304		or
303	305		148
304	306		(B) a bachelor's degree major, master's degree, or doctoral degree that has course
305	307		149
306	308		requirements that are substantially equivalent to the course requirements for a
307	309		150
308	310		bachelor's degree major, master's degree, or doctoral degree in mathematics;
309	311		151
310	312		(ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
311	313		152
312	314		course, or physics course:
313	315		153
314	316		(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
315	317		154
316	318		science; or
317	319		155
318	320		(B) a bachelor's degree major, master's degree, or doctoral degree that has course
319	321		156
320	322		requirements that are substantially equivalent to the course requirements of
321	323		157
322	324		those required for a bachelor's degree major, master's degree, or doctoral
323	325		158
324	326		degree in a field of science;
325	327		159
326	328		(iii) for a teacher who is assigned a computer science course:
327	329		160
328	330		(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
329	331		161
330	332		computer science; or
331	333		162
332	334		(B) a bachelor's degree major, master's degree, or doctoral degree that has course
333	335		163
334	336		requirements that are substantially equivalent to the course requirements of
335		-	- 5 - H.B. 76 Enrolled Copy
336	337		164
337	338		those required for a bachelor's degree major, master's degree, or doctoral
	339	+	- 5 - 1st Sub. (Buff) H.B. 76 02-28 11:31
338	340		165
339	341		degree in a field of computer science; or
340	342		166
341	343		(iv) for a teacher who is assigned to teach special education, a bachelor's degree
342	344		167
343	345		major, master's degree, or doctoral degree in special education.
344	346		168
345	347		(e) "Qualifying teaching background" means:
346	348		169
347	349		(i) the teacher has been teaching the same supplement-approved assignment in Utah
348	350		170
349	351		public schools for at least 10 years; or
350	352		171
351	353		(ii) the teacher has a professional deaf education license issued by the state board.
352	354		172
353	355		(f) "Supplement-approved assignment" means an assignment to teach:
354	356		173
355	357		(i) a secondary school level mathematics course;
356	358		174
357	359		(ii) integrated science in grade 7 or 8;
358	360		175
359	361		(iii) chemistry;
360	362		176
361	363		(iv) physics;
362	364		177
363	365		(v) computer science;
364	366		178
365	367		(vi) special education; or
366	368		179
367	369		(vii) deaf education.
368	370		180
369	371		(2)(a) Subject to future budget constraints, the Legislature shall:
370	372		181
371	373		(i) annually appropriate money to the Teacher Salary Supplement Program to
372	374		182
373	375		maintain annual salary supplements for eligible teachers provided in previous
374	376		183
375	377		years; and
376	378		184
377	379		(ii) provide salary supplements to new recipients.
378	380		185
379	381		(b) Money appropriated for the Teacher Salary Supplement Program shall include
380	382		186
381	383		money for the following employer-paid benefits:
382	384		187
383	385		(i) retirement;
384	386		188
385	387		(ii) workers' compensation;
386	388		189
387	389		(iii) Social Security; and
388	390		190
389	391		(iv) Medicare.
390	392		191
391	393		(3)(a) The annual salary supplement for an eligible teacher who is assigned full-time to a
392	394		192
393	395		supplement-approved assignment is:
394	396		193
395	397		(i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
396	398		194
397	399		appropriation described in Subsection (2); and
398	400		195
399	401		(ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
400	402		196
401	403		(A) the amount of the annual salary supplement in the preceding fiscal year; and
402	404		197
403	405		(B) a percentage increase that is equal to the percentage increase in the value of
404		-	- 6 - Enrolled Copy H.B. 76
405	406		198
406	407		the WPU in the preceding fiscal year.
	408	+	- 6 - 02-28 11:31 1st Sub. (Buff) H.B. 76
407	409		199
408	410		(b) An eligible teacher who is assigned part-time to a supplement-approved assignment
409	411		200
410	412		shall receive a partial salary supplement based on the number of hours worked in the
411	413		201
412	414		supplement-approved assignment.
413	415		202
414	416		(4) The state board shall:
415	417		203
416	418		(a) create an online application system for a teacher to apply to receive a salary
417	419		204
418	420		supplement through the Teacher Salary Supplement Program;
419	421		205
420	422		(b) determine if a teacher is an eligible teacher;
421	423		206
422	424		(c) verify, as needed, the determinations made under Subsection (4)(b) with school
423	425		207
424	426		district and school administrators; and
425	427		208
426	428		(d) certify a list of eligible teachers.
427	429		209
428	430		(5) An eligible teacher shall apply to the state board, as provided by the board to receive the
429	431		210
430	432		salary supplement authorized in this section in accordance with state board rule made in
431	433		211
432	434		accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
433	435		212
434	436		(6)(a) The state board shall establish and administer an appeal process for a teacher to
435	437		213
436	438		follow if the teacher applies for a salary supplement and does not receive a salary
437	439		214
438	440		supplement under Subsection (8).
439	441		215
440	442		(b)(i) The appeal process established in Subsection (6)(a) shall allow a teacher to
441	443		216
442	444		appeal eligibility as an eligible teacher with a qualifying educational background
443	445		217
444	446		on the basis that the teacher has a degree or degree major with course
445	447		218
446	448		requirements that are substantially equivalent to the qualifying educational
447	449		219
448	450		background associated with the teacher's supplement-approved assignment.
449	451		220
450	452		(ii) A teacher shall provide transcripts and other documentation to the state board in
451	453		221
452	454		order for the state board to determine if the teacher has a degree or degree major
453	455		222
454	456		with course requirements that are substantially equivalent to the qualifying
455	457		223
456	458		educational background associated with the teacher's supplement-approved
457	459		224
458	460		assignment.
459	461		225
460	462		(c)(i) The appeal process established under Subsection (6)(a) shall allow a teacher to
461	463		226
462	464		appeal eligibility as an eligible teacher with a qualifying teaching background on
463	465		227
464	466		the basis that the teacher has a qualifying teaching background.
465	467		228
466	468		(ii) The teacher shall provide to the state board evidence to verify that the teacher has
467	469		229
468	470		a qualifying teaching background.
469	471		230
470	472		(7)(a) The state board shall distribute money appropriated to the Teacher Salary
471	473		231
472	474		Supplement Program to school districts, charter schools, and regional education
473		-	- 7 - H.B. 76 Enrolled Copy
474	475		232
475	476		service agencies for the Teacher Salary Supplement Program in accordance with the
	477	+	- 7 - 1st Sub. (Buff) H.B. 76 02-28 11:31
476	478		233
477	479		provisions of this section.
478	480		234
479	481		(b) The state board shall include the employer-paid benefits described under Subsection
480	482		235
481	483		(2)(b) in the amount of each salary supplement.
482	484		236
483	485		(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
484	486		237
485	487		salary supplement limits described under Subsection (3).
486	488		238
487	489		(8)(a) Money received from the Teacher Salary Supplement Program shall be used by a
488	490		239
489	491		school district, charter school, or regional education service agencies to provide a
490	492		240
491	493		salary supplement equal to the amount specified in Subsection (3) for each eligible
492	494		241
493	495		teacher.
494	496		242
495	497		(b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
496	498		243
497	499		teacher's qualification as an eligible teacher every year, semester, or trimester.
498	500		244
499	501		(9) Notwithstanding the provisions of this section, if the appropriation for the program is
500	502		245
501	503		insufficient to cover the costs associated with salary supplements, the state board may
502	504		246
503	505		distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
504	506		247
505	507		(10) An LEA may increase the amount of funds the LEA provides to the LEA's teachers
506	508		248
507	509		under the program if the LEA:
508	510		249
509	511		(a) first ensures proper distribution of funds the LEA receives under the program to the
510	512		250
511	513		the LEA's teachers; and
512	514		251
513	515		(b) experiences a carry forward or leftover balance.
514	516		252
515	517		Section 3. Section 53F-2-504 is amended to read:
516	518		253
517	519		53F-2-504 (Effective 07/01/25). Salary Supplement for Highly Needed Educators.
518	520		254
519	521		(1) As used in this section:
520	522		255
521	523		(a) "Eligible teacher" means a teacher who:
522	524		256
523	525		(i) has a qualifying assignment;
524	526		257
525	527		(ii) qualifies for the teacher's assignment in accordance with an LEA's policy
526	528		258
527	529		described in Subsection (2); and
528	530		259
529	531		(iii)(A) is a new employee; or
530	532		260
531	533		(B) has not received an unsatisfactory rating on the teacher's three most recent
532	534		261
533	535		evaluations.
534	536		262
535	537		(b) "High-needs area" means at least two and up to five teaching assignments that an
536	538		263
537	539		LEA designates in a policy as challenging to fill or retain.
538	540		264
539	541		(c) "Program" means the Salary Supplement for Highly Needed Educators program.
540	542		265
541	543		(d) "Qualifying assignment" means a teacher who is assigned to a high-needs area.
542		-	- 8 - Enrolled Copy H.B. 76
543	544		266
544	545		(2)(a) An LEA shall create a policy describing the administration of the Salary
	546	+	- 8 - 02-28 11:31 1st Sub. (Buff) H.B. 76
545	547		267
546	548		Supplement for Highly Needed Educators program within the LEA, including:
547	549		268
548	550		(i) identifying the LEA's high-needs areas;
549	551		269
550	552		(ii) the amount of the salary supplement;
551	553		270
552	554		(iii) establishing an appeals process for a teacher to follow if the teacher does not
553	555		271
554	556		receive a salary supplement, including:
555	557		272
556	558		(A) allowing a teacher to appeal eligibility as an eligible teacher with a qualifying
557	559		273
558	560		assignment on the basis that the teacher has a teaching assignment that is
559	561		274
560	562		substantially equivalent to a high-needs area; and
561	563		275
562	564		(B) requiring a teacher to provide transcripts and other documentation to the LEA
563	565		276
564	566		governing board in order for the LEA governing board to determine if the
565	567		277
566	568		teacher is an eligible teacher with a qualifying teaching background;
567	569		278
568	570		(iv) a process for determining if a teacher is an eligible teacher, including a
569	571		279
570	572		verification process; and
571	573		280
572	574		(v) a process for certifying a list of eligible teachers to be awarded a salary
573	575		281
574	576		supplement under this section.
575	577		282
576	578		(b) An LEA shall update the policy described in Subsection (2)(a) annually and provide
577	579		283
578	580		notice of any changes to teachers within the LEA.
579	581		284
580	582		(3) Subject to legislative appropriations and an LEA having the policy described in
581	583		285
582	584		Subsection (2), the state board shall allocate funding appropriated for the Salary
583	585		286
584	586		Supplements for Highly Needed Educators program in accordance with this section by:
585	587		287
586	588		(a) for charter schools:
587	589		288
588	590		(i) distributing an amount that is equal to the product of:
589	591		289
590	592		(A) charter school enrollment on October 1 in the prior year, or, for a new charter
591	593		290
592	594		school, projected enrollment for a charter school in the charter school's first
593	595		291
594	596		year of operations, divided by enrollment on October 1 in public schools
595	597		292
596	598		statewide in the prior year; and
597	599		293
598	600		(B) the total amount available for distribution; and
599	601		294
600	602		(ii) allocating to each charter school:
601	603		295
602	604		(A) an equally divided portion of 20% of the amount described in Subsection
603	605		296
604	606		(3)(a)(i); and
605	607		297
606	608		(B) 80% of the amount described in Subsection (3)(a)(i) on a per-student basis; and
607	609		298
608	610		(b) for school districts and the Utah Schools for the Deaf and the Blind:
609	611		299
610	612		(i) distributing the remainder of funds available for distribution after the distribution
611		-	- 9 - H.B. 76 Enrolled Copy
612	613		300
613	614		to charter schools under Subsection (3)(a)(i) by allocating to each school district:
	615	+	- 9 - 1st Sub. (Buff) H.B. 76 02-28 11:31
614	616		301
615	617		(A) an equally divided portion of 20% of the amount described in Subsection
616	618		302
617	619		(3)(b)(i); and
618	620		303
619	621		(B) 80% of the amount described in Subsection (3)(b)(i) on a per-student basis.
620	622		304
621	623		(c) An LEA shall use funds described in Subsections (3)(a) and (3)(b) to pay the LEA's
622	624		305
623	625		proportional part of an eligible teacher's salary supplement if:
624	626		306
625	627		(i) the eligible teacher is an employee of a regional education service agency, as
626	628		307
627	629		defined in Section 53G-4-410; and
628	630		308
629	631		(ii) the LEA is a member of the regional education service agency that employs the
630	632		309
631	633		eligible teacher.
632	634		310
633	635		(4)(a) An LEA shall include employer-paid benefits in the amount of each salary
634	636		311
635	637		supplement.
636	638		312
637	639		(b) Employer-paid benefits are an addition to the salary supplement amount established
638	640		313
639	641		by an LEA under Subsection (2).
640	642		314
641	643		(5) The salary supplement is part of an eligible teacher's base pay, subject to eligible
642	644		315
643	645		teacher's qualification as an eligible teacher every year, semester, or quarter.
644	646		316
645	647		(6) The state board shall annually report to the Education Interim Committee:
646	648		317
647	649		(a) which teaching assignments LEAs have designated as high-needs; and
648	650		318
649	651		(b) the number of eligible teachers.
650	652		319
651	653		(7) An LEA may increase the amount of funds the LEA provides to the LEA's teachers
652	654		320
653	655		under the program if the LEA:
654	656		321
655	657		(a) first ensures proper distribution of funds the LEA receives under the program to the
656	658		322
657	659		the LEA's teachers; and
658	660		323
659	661		(b) experiences a carry forward or leftover balance.
660	662		324
661	663		Section 4. Section 53F-4-203 is amended to read:
662	664		325
663	665		53F-4-203 (Effective 05/07/25). Early interactive reading software --
664	666		326
665	667		Independent evaluator.
666	668		327
667	669		(1) Subject to legislative appropriations, the state board shall distribute funds to public
668	670		328
669	671		schools based on enrollment for students in kindergarten through grade 3 to purchase
670	672		329
671	673		personalized interactive reading software.
672	674		330
673	675		(2) A public school that receives funds described in Subsection (1) shall use the funds for a
674	676		331
675	677		student in kindergarten or grade 1, 2, or 3:
676	678		332
677	679		(a) for intervention for the student if the student is reading below grade level; or
678	680		333
679	681		(b) for advancement beyond grade level for the student if the student is reading at or
680		-	- 10 - Enrolled Copy H.B. 76
681	682		334
682	683		above grade level.
	684	+	- 10 - 02-28 11:31 1st Sub. (Buff) H.B. 76
683	685		335
684	686		(3)(a) On or before August 1 of each year, the state board shall select and contract with
685	687		336
686	688		an independent evaluator, through a request for proposals process, to act as an
687	689		337
688	690		independent contractor to evaluate early interactive reading software provided under
689	691		338
690	692		this section.
691	693		339
692	694		(b) The state board shall ensure that a contract with an independent evaluator requires
693	695		340
694	696		the independent evaluator to:
695	697		341
696	698		(i) evaluate a student's learning gains as a result of using early interactive reading
697	699		342
698	700		software provided under Subsection (1);
699	701		343
700	702		(ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not
701	703		344
702	704		developed by a provider of early interactive reading software; and
703	705		345
704	706		(iii) determine the extent to which a public school uses the early interactive reading
705	707		346
706	708		software.
707	709		347
708	710		(c) The state board and the independent evaluator selected under Subsection (3)(a) shall
709	711		348
710	712		submit a report on the results of the evaluation in accordance with Section 53E-1-201.
711	713		349
712	714		(4) An LEA may acquire an analytical software program that:
713	715		350
714	716		(a) monitors, for an individual school, early intervention interactive reading software use
715	717		351
716	718		and the associated impact on student performance; and
717	719		352
718	720		(b) analyzes the information gathered under Subsection (4)(a) to prescribe individual
719	721		353
720	722		school usage time to maximize the beneficial impact on student performance.
721	723		354
722	724		(5) The state board:
723	725		355
724	726		(a) may use up to [4%] 6% of the appropriation provided under Subsection (1):
725	727		356
726	728		(i) to contract with an independent evaluator selected under Subsection (3)(a); and
727	729		357
728	730		(ii) for administrative costs associated with this section; and
729	731		358
730	732		(b) shall distribute at least [96%] 94% of funds under this section to LEAs in accordance
731	733		359
732	734		with Subsection (1).
733	735		360
734	736		(6) Nothing in this section or in Section 53E-4-307 or 53G-11-303 requires a reading
735	737		361
736	738		software product to demonstrate the statistically significant effect size described in
737	739		362
738	740		Subsection 53G-11-303(1)(a) in order to be used as an instructional material.
739	741		363
740	742		Section 5. Section 53G-4-402 is amended to read:
741	743		364
742	744		53G-4-402 (Effective 05/07/25). Powers and duties generally.
743	745		365
744	746		(1) A local school board shall:
745	747		366
746	748		(a) implement the core standards for Utah public schools using instructional materials
747	749		367
748	750		that best correlate to the core standards for Utah public schools and graduation
749		-	- 11 - H.B. 76 Enrolled Copy
750	751		368
751	752		requirements;
	753	+	- 11 - 1st Sub. (Buff) H.B. 76 02-28 11:31
752	754		369
753	755		(b) administer tests, required by the state board, which measure the progress of each
754	756		370
755	757		student, and coordinate with the state superintendent and state board to assess results
756	758		371
757	759		and create plans to improve the student's progress, which shall be submitted to the
758	760		372
759	761		state board for approval;
760	762		373
761	763		(c) use progress-based assessments as part of a plan to identify schools, teachers, and
762	764		374
763	765		students that need remediation and determine the type and amount of federal, state,
764	766		375
765	767		and local resources to implement remediation;
766	768		376
767	769		(d) for each grading period and for each course in which a student is enrolled, issue a
768	770		377
769	771		grade or performance report to the student:
770	772		378
771	773		(i) that reflects the student's work, including the student's progress based on mastery,
772	774		379
773	775		for the grading period; and
774	776		380
775	777		(ii) in accordance with the local school board's adopted grading or performance
776	778		381
777	779		standards and criteria;
778	780		382
779	781		(e) develop early warning systems for students or classes failing to make progress;
780	782		383
781	783		(f) work with the state board to establish a library of documented best practices,
782	784		384
783	785		consistent with state and federal regulations, for use by the special districts;
784	786		385
785	787		(g) implement training programs for school administrators, including basic management
786	788		386
787	789		training, best practices in instructional methods, budget training, staff management,
788	790		387
789	791		managing for learning results and continuous improvement, and how to help every
790	792		388
791	793		student achieve optimal learning in basic academic subjects; and
792	794		389
793	795		(h) ensure that the local school board meets the data collection and reporting standards
794	796		390
795	797		described in Section 53E-3-501.
796	798		391
797	799		(2) Local school boards shall spend Minimum School Program funds for programs and
798	800		392
799	801		activities for which the state board has established minimum standards or rules under
800	802		393
801	803		Section 53E-3-501.
802	804		394
803	805		(3)(a) A local school board may purchase, sell, and make improvements on school sites,
804	806		395
805	807		buildings, and equipment, and construct, erect, and furnish school buildings.
806	808		396
807	809		(b) School sites or buildings may only be conveyed or sold on local school board
808	810		397
809	811		resolution affirmed by at least two-thirds of the school board members.
810	812		398
811	813		(4)(a) A local school board may participate in the joint construction or operation of a
812	814		399
813	815		school attended by students residing within the district and students residing in other
814	816		400
815	817		districts either within or outside the state.
816	818		401
817	819		(b) Any agreement for the joint operation or construction of a school shall:
818		-	- 12 - Enrolled Copy H.B. 76
819	820		402
820	821		(i) be signed by the president of the local school board of each participating district;
	822	+	- 12 - 02-28 11:31 1st Sub. (Buff) H.B. 76
821	823		403
822	824		(ii) include a mutually agreed upon pro rata cost; and
823	825		404
824	826		(iii) be filed with the state board.
825	827		405
826	828		(5) A local school board may establish, locate, and maintain elementary, secondary, and
827	829		406
828	830		applied technology schools.
829	831		407
830	832		(6) A local school board may enter into cooperative agreements with other local school
831	833		408
832	834		boards to provide educational services that best utilize resources for the overall
833	835		409
834	836		operation of the school districts, including shared transportation services.
835	837		410
836	838		(7) A local school board shall ensure that an agreement under Subsection (6):
837	839		411
838	840		(a) is signed by the president of the local school board of each participating district;
839	841		412
840	842		(b) specifies the resource being shared;
841	843		413
842	844		(c) includes a mutually agreed upon pro rata cost;
843	845		414
844	846		(d) includes the duration of the agreement; and
845	847		415
846	848		(e) is filed with the state board.
847	849		416
848	850		(8)(a) Except as provided in Section 53E-3-905 and Subsection (8)(b), a local school
849	851		417
850	852		board may enroll children in school who are at least five years old before September
851	853		418
852	854		2 of the year in which admission is sought.
853	855		419
854	856		(b) A local school board may enroll a child in kindergarten who does not meet the age
855	857		420
856	858		requirement described in Subsection (8)(a) if the child:
857	859		421
858	860		(i) moves to Utah from a different state in which the child, during the relevant school
859	861		422
860	862		year:
861	863		423
862	864		(A) was a resident; and
863	865		424
864	866		(B) was enrolled in kindergarten in accordance with the previous state's age
865	867		425
866	868		requirements for kindergarten enrollment; and
867	869		426
868	870		(ii) transfers to the enrolling school after the beginning of the same school year.
869	871		427
870	872		(9) A local school board:
871	873		428
872	874		(a) may establish and support school libraries; and
873	875		429
874	876		(b) shall provide an online platform:
875	877		430
876	878		(i) through which a parent is able to view the title, author, and a description of any
877	879		431
878	880		material the parent's child borrows from the school library, including a history of
879	881		432
880	882		borrowed materials, either using an existing online platform that the LEA uses or
881	883		433
882	884		through a separate platform; and
883	885		434
884	886		(ii)(A) for a school district with 1,000 or more enrolled students, no later than
885	887		435
886	888		August 1, 2024; and
887		-	- 13 - H.B. 76 Enrolled Copy
888	889		436
889	890		(B) for a school district with fewer than 1,000 enrolled students, no later than
	891	+	- 13 - 1st Sub. (Buff) H.B. 76 02-28 11:31
890	892		437
891	893		August 1, 2026.
892	894		438
893	895		(10) A local school board may collect damages for the loss, injury, or destruction of school
894	896		439
895	897		property.
896	898		440
897	899		(11) A local school board may authorize guidance and counseling services for students and
898	900		441
899	901		the student's parents before, during, or following school enrollment.
900	902		442
901	903		(12)(a) A local school board shall administer and implement federal educational
902	904		443
903	905		programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or
904	906		444
905	907		National Education Programs.
906	908		445
907	909		(b) Federal funds are not considered funds within the school district budget under
908	910		446
909	911		Chapter 7, Part 3, Budgets.
910	912		447
911	913		(13)(a) A local school board may organize school safety patrols and adopt policies under
912	914		448
913	915		which the patrols promote student safety.
914	916		449
915	917		(b) A student appointed to a safety patrol shall be at least 10 years old and have written
916	918		450
917	919		parental consent for the appointment.
918	920		451
919	921		(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of
920	922		452
921	923		a highway intended for vehicular traffic use.
922	924		453
923	925		(d) Liability may not attach to a school district, its employees, officers, or agents, or to a
924	926		454
925	927		safety patrol member, a parent of a safety patrol member, or an authorized volunteer
926	928		455
927	929		assisting the program by virtue of the organization, maintenance, or operation of a
928	930		456
929	931		school safety patrol.
930	932		457
931	933		(14)(a) A local school board may on its own behalf, or on behalf of an educational
932	934		458
933	935		institution for which the local school board is the direct governing body, accept
934	936		459
935	937		private grants, loans, gifts, endowments, devises, or bequests that are made for
936	938		460
937	939		educational purposes.
938	940		461
939	941		(b) The contributions made under Subsection (14)(a) are not subject to appropriation by
940	942		462
941	943		the Legislature.
942	944		463
943	945		(15)(a) A local school board may appoint and fix the compensation of a compliance
944	946		464
945	947		officer to issue citations for violations of Subsection 76-10-105(2)(b).
946	948		465
947	949		(b) A person may not be appointed to serve as a compliance officer without the person's
948	950		466
949	951		consent.
950	952		467
951	953		(c) A teacher or student may not be appointed as a compliance officer.
952	954		468
953	955		(16) A local school board shall adopt bylaws and policies for the local school board's own
954	956		469
955	957		procedures.
956		-	- 14 - Enrolled Copy H.B. 76
957	958		470
958	959		(17)(a) A local school board shall make and enforce policies necessary for the control
	960	+	- 14 - 02-28 11:31 1st Sub. (Buff) H.B. 76
959	961		471
960	962		and management of the district schools.
961	963		472
962	964		(b) Local school board policies shall be in writing, filed, and referenced for public
963	965		473
964	966		access.
965	967		474
966	968		(18) A local school board may hold school on legal holidays other than Sundays.
967	969		475
968	970		(19)(a) A local school board shall establish for each school year a school traffic safety
969	971		476
970	972		committee to implement this Subsection (19).
971	973		477
972	974		(b) The committee shall be composed of one representative of:
973	975		478
974	976		(i) the schools within the district;
975	977		479
976	978		(ii) the Parent Teachers' Association of the schools within the district;
977	979		480
978	980		(iii) the municipality or county;
979	981		481
980	982		(iv) state or local law enforcement; and
981	983		482
982	984		(v) state or local traffic safety engineering.
983	985		483
984	986		(c) The committee shall:
985	987		484
986	988		(i) receive suggestions from school community councils, parents, teachers, and
987	989		485
988	990		others, and recommend school traffic safety improvements, boundary changes to
989	991		486
990	992		enhance safety, and school traffic safety program measures;
991	993		487
992	994		(ii) review and submit annually to the Department of Transportation and affected
993	995		488
994	996		municipalities and counties a child access routing plan for each elementary,
995	997		489
996	998		middle, and junior high school within the district;
997	999		490
998	1000		(iii) in consultation with the Utah Safety Council and the Division of Family Health[
999	1001		491
1000	1002		Services], provide training to all students in kindergarten through grade 6, within
1001	1003		492
1002	1004		the district, on school crossing safety and use; and
1003	1005		493
1004	1006		(iv) help ensure the district's compliance with rules made by the Department of
1005	1007		494
1006	1008		Transportation under Section 41-6a-303.
1007	1009		495
1008	1010		(d) The committee may establish subcommittees as needed to assist in accomplishing the
1009	1011		496
1010	1012		committee's duties under Subsection (19)(c).
1011	1013		497
1012	1014		(20)(a) A local school board shall adopt and implement a comprehensive emergency
1013	1015		498
1014	1016		response plan to prevent and combat violence in the local school board's public
1015	1017		499
1016	1018		schools, on school grounds, on school vehicles, and in connection with
1017	1019		500
1018	1020		school-related activities or events.
1019	1021		501
1020	1022		(b) The local school board shall ensure that the plan:
1021	1023		502
1022	1024		(i) includes prevention, intervention, and response components;
1023	1025		503
1024	1026		(ii) is consistent with the school discipline and conduct policies required for school
1025		-	- 15 - H.B. 76 Enrolled Copy
1026	1027		504
1027	1028		districts under Chapter 8, Part 2, School Discipline and Conduct Plans;
	1029	+	- 15 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1028	1030		505
1029	1031		(iii) requires professional learning for all district and school building staff on the
1030	1032		506
1031	1033		staff's roles in the emergency response plan;
1032	1034		507
1033	1035		(iv) provides for coordination with local law enforcement and other public safety
1034	1036		508
1035	1037		representatives in preventing, intervening, and responding to violence in the areas
1036	1038		509
1037	1039		and activities referred to in Subsection (20)(a); and
1038	1040		510
1039	1041		(v) includes procedures to notify a student who is off campus at the time of a school
1040	1042		511
1041	1043		violence emergency because the student is:
1042	1044		512
1043	1045		(A) participating in a school-related activity; or
1044	1046		513
1045	1047		(B) excused from school for a period of time during the regular school day to
1046	1048		514
1047	1049		participate in religious instruction at the request of the student's parent.
1048	1050		515
1049	1051		(c) The state board, through the state superintendent, shall develop comprehensive
1050	1052		516
1051	1053		emergency response plan models that local school boards may use, where
1052	1054		517
1053	1055		appropriate, to comply with Subsection (20)(a).
1054	1056		518
1055	1057		(d) A local school board shall, by July 1 of each year, certify to the state board that its
1056	1058		519
1057	1059		plan has been practiced at the school level and presented to and reviewed by its
1058	1060		520
1059	1061		teachers, administrators, students, and the student's parents and local law enforcement
1060	1062		521
1061	1063		and public safety representatives.
1062	1064		522
1063	1065		(21)(a) A local school board may adopt an emergency response plan for the treatment of
1064	1066		523
1065	1067		sports-related injuries that occur during school sports practices and events.
1066	1068		524
1067	1069		(b) The plan may be implemented by each secondary school in the district that has a
1068	1070		525
1069	1071		sports program for students.
1070	1072		526
1071	1073		(c) The plan may:
1072	1074		527
1073	1075		(i) include emergency personnel, emergency communication, and emergency
1074	1076		528
1075	1077		equipment components;
1076	1078		529
1077	1079		(ii) require professional learning on the emergency response plan for school
1078	1080		530
1079	1081		personnel who are involved in sports programs in the district's secondary schools;
1080	1082		531
1081	1083		and
1082	1084		532
1083	1085		(iii) provide for coordination with individuals and agency representatives who:
1084	1086		533
1085	1087		(A) are not employees of the school district; and
1086	1088		534
1087	1089		(B) would be involved in providing emergency services to students injured while
1088	1090		535
1089	1091		participating in sports events.
1090	1092		536
1091	1093		(d) The local school board, in collaboration with the schools referred to in Subsection
1092	1094		537
1093	1095		(21)(b), may review the plan each year and make revisions when required to improve
1094		-	- 16 - Enrolled Copy H.B. 76
1095	1096		538
1096	1097		or enhance the plan.
	1098	+	- 16 - 02-28 11:31 1st Sub. (Buff) H.B. 76
1097	1099		539
1098	1100		(e) The state board, through the state superintendent, shall provide local school boards
1099	1101		540
1100	1102		with an emergency plan response model that local school boards may use to comply
1101	1103		541
1102	1104		with the requirements of this Subsection (21).
1103	1105		542
1104	1106		(22)(a) A local school board shall approve an LEA's policies and procedures that an
1105	1107		543
1106	1108		LEA develops to ensure that students have non-electronic notification of and access
1107	1109		544
1108	1110		to:
1109	1111		545
1110	1112		(i) school activities and events, including:
1111	1113		546
1112	1114		(A) schedule changes;
1113	1115		547
1114	1116		(B) extracurricular activities; and
1115	1117		548
1116	1118		(C) sporting events; and
1117	1119		549
1118	1120		(ii) the emergency response plans described in Subsections (20) and (21).
1119	1121		550
1120	1122		(b) Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of
1121	1123		551
1122	1124		and access to school activities and events as described in Subsections (22)(a)(i) and
1123	1125		552
1124	1126		(ii) if:
1125	1127		553
1126	1128		(i)(A) the school provides each student with an electronic device; and
1127	1129		554
1128	1130		(B) the electronic device is capable of receiving electronic notification of and
1129	1131		555
1130	1132		access to school activities and events as described in Subsections (22)(a)(i) and
1131	1133		556
1132	1134		(ii); or
1133	1135		557
1134	1136		(ii) an emergency, unforeseen circumstance, or other incident arises and an LEA
1135	1137		558
1136	1138		cannot reasonably provide timely non-electronic notification.
1137	1139		559
1138	1140		(c) An LEA may not require the use of a privately owned electronic device to complete
1139	1141		560
1140	1142		course work.
1141	1143		561
1142	1144		(23) A local school board shall do all other things necessary for the maintenance,
1143	1145		562
1144	1146		prosperity, and success of the schools and the promotion of education.
1145	1147		563
1146	1148		(24)(a) As used in this subsection, "special enrollment program" means a full-day
1147	1149		564
1148	1150		academic program in which a parent opts to enroll the parent's student and that is
1149	1151		565
1150	1152		offered at a specifically designated school within an LEA, including:
1151	1153		566
1152	1154		(i) gifted or advanced learning programs; or
1153	1155		567
1154	1156		(ii) dual language immersion programs.
1155	1157		568
1156	1158		(b) Before closing a school, changing the boundaries of a school, or changing or closing
1157	1159		569
1158	1160		the location of a special enrollment program, a local school board shall:
1159	1161		570
1160	1162		(i) at a local school board meeting, make and approve a motion to initiate the
1161	1163		571
1162	1164		notification required under Subsections (24)(b)(ii) through (iv);
1163		-	- 17 - H.B. 76 Enrolled Copy
1164	1165		572
1165	1166		(ii) on or before 90 days before the day on which the local school board approves the
	1167	+	- 17 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1166	1168		573
1167	1169		school closure or at least 30 days before the day on which the local school board
1168	1170		574
1169	1171		approves a school boundary change, provide notice that the local school board is
1170	1172		575
1171	1173		considering the closure or boundary change to:
1172	1174		576
1173	1175		(A) parents of students enrolled in the school, using the same form of
1174	1176		577
1175	1177		communication the local school board regularly uses to communicate with
1176	1178		578
1177	1179		parents and also by mail, using the United States Postal Service, to the parents
1178	1180		579
1179	1181		at each known address;
1180	1182		580
1181	1183		(B) parents of students enrolled in other schools within the school district that may
1182	1184		581
1183	1185		be affected by the closure or boundary change, using the same form of
1184	1186		582
1185	1187		communication the local school board regularly uses to communicate with
1186	1188		583
1187	1189		parents and also by mail, using the United States Postal Service, to the parents
1188	1190		584
1189	1191		at each known address; and
1190	1192		585
1191	1193		(C) the governing council and the mayor of the municipality in which the school is
1192	1194		586
1193	1195		located;
1194	1196		587
1195	1197		(iii) provide an opportunity for public comment on the proposed school closure
1196	1198		588
1197	1199		during at least two public local school board meetings;
1198	1200		589
1199	1201		(iv) provide an opportunity for public comment on the proposed school boundary
1200	1202		590
1201	1203		change during one public local school board meeting; and
1202	1204		591
1203	1205		(v) hold a public hearing as defined in Section 10-9a-103 and provide public notice
1204	1206		592
1205	1207		of the public hearing in accordance with Subsection (24)(c).
1206	1208		593
1207	1209		(c) A local school board shall:
1208	1210		594
1209	1211		(i) ensure that the notice of a public hearing required under Subsection (24)(b)(v)
1210	1212		595
1211	1213		indicates the:
1212	1214		596
1213	1215		(A) name of the school or schools under consideration for closure or boundary
1214	1216		597
1215	1217		change; and
1216	1218		598
1217	1219		(B) the date, time, and location of the public hearing;
1218	1220		599
1219	1221		(ii) if feasible, hold the public hearing at the location of the school that is under
1220	1222		600
1221	1223		consideration for closure;
1222	1224		601
1223		-	(iii) for at least 10 days before the day on which the public ~~hearing occurs~~, publish
	1225	+	(iii) for at least 10 days before the day on which the public hearingoccurs, publish the
1224	1226		602
1225		-	~~the~~ notice of public hearing occurs, publish the notice of the public hearing for the
	1227	+	notice of public hearing occurs, publish the notice of the public hearing for the
1226	1228		603
1227	1229		school district in which the school is located, as a class A notice under Section
1228	1230		604
1229	1231		63G-30-102; and
1230	1232		605
1231	1233		(iv) at least 30 days before the day on which the public hearing occurs, provide notice
1232		-	- 18 - Enrolled Copy H.B. 76
1233	1234		606
1234	1235		of the public hearing in the same manner as the notice of consideration under
	1236	+	- 18 - 02-28 11:31 1st Sub. (Buff) H.B. 76
1235	1237		607
1236	1238		Subsection (24)(b)(ii).
1237	1239		608
1238	1240		(d) A motion made under Subsection (24)(b) shall name each school under consideration
1239	1241		609
1240	1242		for closure in a separate motion.
1241	1243		610
1242	1244		(e) For a school closure, a local school board shall complete the process described in this
1243	1245		611
1244	1246		Subsection (24) on or before December 31 of the calendar year preceding the
1245	1247		612
1246	1248		beginning of the school year in which a school closure takes effect.
1247	1249		613
1248	1250		(f)(i) For a school boundary change, a local school board shall complete the process
1249	1251		614
1250	1252		described in this Subsection (24) no more than 60 days after the day on which the
1251	1253		615
1252	1254		local school board votes to approve a school closure.
1253	1255		616
1254	1256		(ii) Parents of students enrolled in a school affected by a boundary change shall have
1255	1257		617
1256	1258		at least 30 days after the day on which the local school board votes to approve a
1257	1259		618
1258	1260		school boundary change to request an out of area enrollment request in accordance
1259	1261		619
1260	1262		with Chapter 6, Part 4, School District Enrollment.
1261	1263		620
1262	1264		(25) A local school board may implement a facility energy efficiency program established
1263	1265		621
1264	1266		under Title 11, Chapter 44, Performance Efficiency Act.
1265	1267		622
1266	1268		(26) A local school board may establish or partner with a certified youth court in
1267	1269		623
1268	1270		accordance with Section 80-6-902 or establish or partner with a comparable restorative
1269	1271		624
1270	1272		justice program, in coordination with schools in that district. A school may refer a
1271	1273		625
1272	1274		student to a youth court or a comparable restorative justice program in accordance with
1273	1275		626
1274	1276		Section 53G-8-211.
1275	1277		627
1276	1278		(27)(a) As used in this Subsection (27):
1277	1279		628
1278	1280		(i) "Learning material" means any learning material or resource used to deliver or
1279	1281		629
1280	1282		support a student's learning, including textbooks, reading materials, videos, digital
1281	1283		630
1282	1284		materials, websites, and other online applications.
1283	1285		631
1284	1286		(ii)(A) "Instructional material" means learning material that a local school board
1285	1287		632
1286	1288		adopts and approves for use within the LEA.
1287	1289		633
1288	1290		(B) "Instructional material" does not include learning material used in a
1289	1291		634
1290	1292		concurrent enrollment, advanced placement, or international baccalaureate
1291	1293		635
1292	1294		program or class or another class with required instructional material that is not
1293	1295		636
1294	1296		subject to selection by the local school board.
1295	1297		637
1296	1298		(iii) "Supplemental material" means learning material that:
1297	1299		638
1298	1300		(A) an educator selects for classroom use; and
1299	1301		639
1300	1302		(B) a local school board has not considered and adopted, approved, or prohibited
1301		-	- 19 - H.B. 76 Enrolled Copy
1302	1303		640
1303	1304		for classroom use within the LEA.
	1305	+	- 19 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1304	1306		641
1305	1307		(b) A local school board shall:
1306	1308		642
1307	1309		(i) make instructional material that the school district uses readily accessible and
1308	1310		643
1309	1311		available for a parent to view;
1310	1312		644
1311	1313		(ii) annually notify a parent of a student enrolled in the school district of how to
1312	1314		645
1313	1315		access the information described in Subsection (27)(b)(i); and
1314	1316		646
1315	1317		(iii) include on the school district's website information about how to access the
1316	1318		647
1317	1319		information described in Subsection (27)(b)(i).
1318	1320		648
1319	1321		(c) In selecting and approving instructional materials for use in the classroom, a local
1320	1322		649
1321	1323		school board shall:
1322	1324		650
1323	1325		(i) establish an open process, involving educators and parents of students enrolled in
1324	1326		651
1325	1327		the LEA, to review and recommend instructional materials for board approval; and
1326	1328		652
1327	1329		(ii) ensure that under the process described in Subsection (27)(c)(i), the board:
1328	1330		653
1329	1331		(A) before the meetings described in Subsection (27)(c)(ii)(B), posts the
1330	1332		654
1331	1333		recommended learning material online to allow for public review or, for
1332	1334		655
1333	1335		copyrighted material, makes the recommended learning material available at
1334	1336		656
1335	1337		the LEA for public review;
1336	1338		657
1337	1339		(B) before adopting or approving the recommended instructional materials, holds
1338	1340		658
1339	1341		at least two public meetings on the recommendation that provides an
1340	1342		659
1341	1343		opportunity for educators whom the LEA employs and parents of students
1342	1344		660
1343	1345		enrolled in the LEA to express views and opinions on the recommendation; and
1344	1346		661
1345	1347		(C) adopts or approves the recommended instructional materials in an open and
1346	1348		662
1347	1349		regular board meeting.
1348	1350		663
1349	1351		(d) A local school board shall adopt a supplemental materials policy that provides
1350	1352		664
1351	1353		flexible guidance to educators on the selection of supplemental materials or resources
1352	1354		665
1353	1355		that an educator reviews and selects for classroom use using the educator's
1354	1356		666
1355	1357		professional judgment, including whether any process or permission is required
1356	1358		667
1357	1359		before classroom use of the materials or resources.
1358	1360		668
1359	1361		(e) If an LEA contracts with another party to provide online or digital materials, the
1360	1362		669
1361	1363		LEA shall include in the contract a requirement that the provider give notice to the
1362	1364		670
1363	1365		LEA any time that the provider makes a material change to the content of the online
1364	1366		671
1365	1367		or digital materials, excluding regular informational updates on current events.
1366	1368		672
1367	1369		(f) Nothing in this Subsection (27) requires a local school board to review all learning
1368	1370		673
1369	1371		materials used within the LEA.
1370		-	- 20 - Enrolled Copy H.B. 76
1371	1372		674
1372	1373		Section 6. Section 53G-7-203 is amended to read:
	1374	+	- 20 - 02-28 11:31 1st Sub. (Buff) H.B. 76
1373	1375		675
1374	1376		53G-7-203 (Effective 05/07/25). Kindergartens -- Establishment -- Funding --
1375	1377		676
1376	1378		Assessment.
1377	1379		677
1378	1380		(1) Kindergartens are an integral part of the state's public education system.
1379	1381		678
1380	1382		(2)(a) Each LEA governing board shall provide kindergarten classes free of charge for
1381	1383		679
1382	1384		kindergarten children residing within the district or attending the charter school.
1383	1385		680
1384	1386		(b) Each LEA governing board shall:
1385	1387		681
1386	1388		(i) provide a half-day kindergarten option for a student that comprises the minimum
1387	1389		682
1388	1390		standards for half-day kindergarten that the state board establishes, in accordance
1389	1391		683
1390	1392		with Subsection (4)(a)(iii), if the student's parent requests a half-day option; and
1391	1393		684
1392	1394		(ii)(A) inform parents of the availability of the option to register for a designated
1393	1395		685
1394	1396		full-curriculum half-day kindergarten option at the time of all kindergarten
1395	1397		686
1396	1398		registration, by email, posters, or other announcements when a parent requests
1397	1399		687
1398	1400		kindergarten registration; and
1399	1401		688
1400	1402		(B) provide the option to register for a designated half-day kindergarten option at
1401	1403		689
1402	1404		the time of registration;
1403	1405		690
1404	1406		(iii) provide a dedicated kindergarten class specifically designated as a half-day
1405	1407		691
1406	1408		kindergarten class when enrollment of half-day kindergarten students at an
1407	1409		692
1408	1410		individual school or a regional school exceeds a minimum of 18 students;
1409	1411		693
1410	1412		(iv) when enrollment of half-day kindergarten students at an individual school
1411	1413		694
1412	1414		exceeds a minimum of 18 students, designate the school as a half-day
1413	1415		695
1414	1416		kindergarten provider for the improvement of recruiting teachers that prefer
1415	1417		696
1416	1418		half-day teaching;
1417	1419		697
1418	1420		(v) inform parents regarding the additional educational resources and opportunities
1419	1421		698
1420	1422		available to parents who select the half-day kindergarten option; and
1421	1423		699
1422	1424		(vi) ensure that a half-day kindergarten student who is registered in a class that
1423	1425		700
1424	1426		includes full-day kindergarten students receives instruction that at least meets the
1425	1427		701
1426	1428		minimum standards for half-day kindergarten that the state board establishes, in
1427	1429		702
1428	1430		accordance with Subsection (4)(a)(iii).
1429	1431		703
1430	1432		(c) Nothing in this Subsection (2):
1431	1433		704
1432	1434		(i) allows an LEA governing board to require a student to participate in a full-day
1433	1435		705
1434	1436		kindergarten program;
1435	1437		706
1436	1438		(ii) modifies the non-compulsory status of kindergarten under [Title 53G, ]Chapter 6,
1437	1439		707
1438	1440		Part 2, Compulsory Education; or
1439		-	- 21 - H.B. 76 Enrolled Copy
1440	1441		708
1441	1442		(iii) requires a student who only attends a half day of kindergarten to participate in
	1443	+	- 21 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1442	1444		709
1443	1445		dual enrollment under Section 53G-6-702.
1444	1446		710
1445	1447		(3) Kindergartens established under Subsection (2) shall receive state money under Title
1446	1448		711
1447	1449		53F, Public Education System -- Funding.
1448	1450		712
1449	1451		(4)(a) The state board shall:
1450	1452		713
1451	1453		(i) develop and collect data from a kindergarten assessment that the board selects by
1452	1454		714
1453	1455		rule;
1454	1456		715
1455	1457		(ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1456	1458		716
1457	1459		Rulemaking Act, regarding the administration of and reporting regarding the
1458	1460		717
1459	1461		assessment described in Subsection (4)(a)(i); and
1460	1462		718
1461	1463		(iii) establish minimum standards for half-day kindergarten.
1462	1464		719
1463	1465		(b) An LEA shall:
1464	1466		720
1465	1467		(i) administer the assessment described in Subsection (4)(a) to each kindergarten
1466	1468		721
1467	1469		student; and
1468	1470		722
1469	1471		(ii) report to the state board the results of the assessment described in Subsection
1470	1472		723
1471	1473		(4)(b)(i) in relation to each kindergarten student in the LEA.
1472	1474		724
1473	1475		(5) The state board shall require LEAs to report average daily membership for all
1474	1476		725
1475	1477		kindergarten students who attend kindergarten on a schedule that is equivalent in length
1476	1478		726
1477	1479		to the schedule for grades 1 through 3 with the October 1 data described in Section
1478	1480		727
1479	1481		53F-2-302.
1480	1482		728
1481	1483		(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1482	1484		729
1483	1485		state board shall make rules to:
1484	1486		730
1485		-	(a) beginning with the [2024-2025] 2025-2026 school year, require a student to be toilet
	1487	+	(a) beginning with the Ŝ→ [2024-2025] 2025-2026 ←Ŝ school year, require a
	1488	+	730a
	1489	+	student to be toilet trained
1486	1490		731
1487		-	~~trained~~ before being enrolled in [kindergarten] public school;
	1491	+	before being enrolled in Ŝ→ [kindergarten] public school ←Ŝ ;
1488	1492		732
1489		-	(b) establish requirements for an LEA's [kindergarten ]enrollment process to include
	1493	+	(b) establish requirements for an LEA's Ŝ→ [kindergarten ] ←Ŝ enrollment process to
	1494	+	732a
	1495	+	include
1490	1496		733
1491	1497		assurances from a parent that the parent's student is toilet trained; and
1492	1498		734
1493	1499		[(c) create a process for an LEA to follow when an enrolled student in kindergarten is
1494	1500		735
1495	1501		found to not be toilet trained, including:]
1496	1502		736
1497	1503		[(i) referring the student and the student's parent to a school social worker or
1498	1504		737
1499	1505		counselor for additional family supports and resources;]
1500	1506		738
1501	1507		[(ii) allowing a parent or the parent's adult designee to aid in toilet training as needed;
1502	1508		739
1503	1509		and]
1504	1510		740
1505	1511		[(iii) when needed, reintegration of a student once the student has become toilet
	1512	+	- 22 - 02-28 11:31 1st Sub. (Buff) H.B. 76
1506	1513		741
1507	1514		trained; and]
1508		-	- 22 - Enrolled Copy H.B. 76
1509	1515		742
1510	1516		[(d)] (c) create exemptions from the requirement in Subsection (6)(a) for a student who is
1511	1517		743
1512		-	not able to be toilet trained before [kindergarten] enrolling because of a condition that
	1518	+	not able to be toilet trained before Ŝ→ [kindergarten] enrolling ←Ŝ because of a
	1519	+	743a
	1520	+	condition that is subject
1513	1521		744
1514		-	~~is subject~~ to federal child find requirements or described in an IEP or Section 504
	1522	+	to federal child find requirements or described in an IEP or Section 504
1515	1523		745
1516	1524		accommodation plan.
1517	1525		746
1518	1526		Section 7. Section 53G-7-218 is amended to read:
1519	1527		747
1520	1528		53G-7-218 (Effective 05/07/25). Establishment of early learning plan.
1521	1529		748
1522	1530		(1) A local school board of a school district or a charter school governing board of a charter
1523	1531		749
1524	1532		school that serves students in any of kindergarten or grades 1 through 3 shall annually
1525	1533		750
1526	1534		submit to the state board an early learning plan that includes[:]
1527	1535		751
1528	1536		[(a)] the early mathematics plan described in Section 53E-3-521, including:
1529	1537		752
1530	1538		[(i)] (a) a growth goal for the school district or charter school that:
1531	1539		753
1532	1540		[(A)] (i) is based upon student learning gains as measured by the mathematics
1533	1541		754
1534	1542		benchmark assessment described in Section 53E-4-307.5; and
1535	1543		755
1536	1544		[(B)] (ii) includes the target that the state board establishes under Section 53E-3-521;
1537	1545		756
1538	1546		and
1539	1547		757
1540	1548		[(ii)] (b) [one goal] two goals that:
1541	1549		758
1542	1550		[(A)] (i) [is] are specific to the school district or charter school;
1543	1551		759
1544	1552		[(B)] (ii) [is] are measurable;
1545	1553		760
1546	1554		[(C)] (iii) [addresses] address current performance gaps in student mathematics
1547	1555		761
1548	1556		proficiency based on data; and
1549	1557		762
1550	1558		[(D)] (iv) [includes] include specific strategies for improving outcomes[; and] .
1551	1559		763
1552	1560		[(b) one additional goal related to literacy or mathematics that:]
1553	1561		764
1554	1562		[(i) is specific to the school district or charter school;]
1555	1563		765
1556	1564		[(ii) is measurable;]
1557	1565		766
1558	1566		[(iii) addresses current performance gaps in student literacy or mathematics
1559	1567		767
1560	1568		proficiency based on data; and]
1561	1569		768
1562	1570		[(iv) includes specific strategies for improving outcomes.]
1563	1571		769
1564	1572		[(2) A local school board or charter school governing board shall approve a plan described
1565	1573		770
1566	1574		in Subsection (1) in a public meeting before submitting the plan to the state board.]
1567	1575		771
1568	1576		[(3)] (2)(a) The state board shall:
1569	1577		772
1570	1578		(i) provide model plans that a local school board or a charter school governing board
1571	1579		773
1572	1580		may use;
	1581	+	- 23 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1573	1582		774
1574	1583		(ii) develop uniform standards for acceptable growth goals that a local school board
1575	1584		775
1576	1585		or a charter school governing board adopts for a school district or charter school
1577		-	- 23 - H.B. 76 Enrolled Copy
1578	1586		776
1579	1587		under this section; and
1580	1588		777
1581	1589		(iii) review and approve or disapprove a plan submitted under this section.
1582	1590		778
1583	1591		(b) Notwithstanding Subsection [(3)(a)] (2)(a), a local school board or a charter school
1584	1592		779
1585	1593		governing board may develop the board's own plan.
1586	1594		780
1587	1595		[(4)] (3) The state board shall:
1588	1596		781
1589	1597		(a) develop strategies to provide support for a school district or charter school that fails
1590	1598		782
1591	1599		to meet:
1592	1600		783
1593	1601		(i) the growth goal related to the state mathematics target described in Subsection [
1594	1602		784
1595	1603		(1)(a)(i)] (1)(a); and
1596	1604		785
1597	1605		(ii) one of the goals specific to the school district or charter school described in
1598	1606		786
1599	1607		Subsection [(1)(a)(ii) or ](1)(b); and
1600	1608		787
1601	1609		(b) provide increasing levels of support to a school district or charter school that fails to
1602	1610		788
1603	1611		meet the combination of goals described in Subsection [(4)(a) for two consecutive
1604	1612		789
1605	1613		years] (3)(a).
1606	1614		790
1607	1615		[(5)(a) The state board shall use a digital reporting platform to provide information to
1608	1616		791
1609	1617		school districts and charter schools about interventions that increase proficiency in
1610	1618		792
1611	1619		literacy and mathematics.]
1612	1620		793
1613	1621		[(b) The digital reporting platform described in Subsection (5)(a) shall include
1614	1622		794
1615	1623		performance information for a school district or charter school on the goals described
1616	1624		795
1617	1625		in Subsection (1).]
1618	1626		796
1619	1627		Section 8. Section 53G-7-503 is amended to read:
1620	1628		797
1621	1629		53G-7-503 (Effective 05/07/25). Fees -- Prohibitions -- Voluntary supplies --
1622	1630		798
1623	1631		Enforcement -- Penalties.
1624	1632		799
1625	1633		(1) An LEA may only charge a fee if the fee is:
1626	1634		800
1627	1635		(a) authorized under this part; and
1628	1636		801
1629	1637		(b) noticed by the LEA governing board in accordance with Section 53G-7-505.
1630	1638		802
1631	1639		(2)(a) An LEA may not require a fee for elementary school activities that are part of the
1632	1640		803
1633	1641		regular school day or for supplies used during the regular school day.
1634	1642		804
1635	1643		(b) An elementary school or elementary school teacher may compile and provide to an
1636	1644		805
1637	1645		elementary school student's parent a suggested list of supplies for use during the
1638	1646		806
1639	1647		regular school day so that a parent may furnish, only on a voluntary basis, those
1640	1648		807
1641	1649		supplies for student use.
1642		-	808 (c) A list provided to an elementary school student's parent in accordance with Subsection
	1650	+	- 24 - 02-28 11:31 1st Sub. (Buff) H.B. 76
	1651	+	808
	1652	+	(c) A list provided to an elementary school student's parent in accordance with Subsection
1643	1653		809
1644	1654		(2)(b) shall include and be preceded by the following language:
1645		-	- 24 - Enrolled Copy H.B. 76
1646	1655		810
1647	1656		"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
1648	1657		811
1649	1658		SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
1650	1659		812
1651	1660		OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
1652	1661		813
1653	1662		(3) Beginning with the 2025-2026 school year:
1654	1663		814
1655	1664		(a) an LEA may not charge a secondary student a fee for a curricular activity or a
1656	1665		815
1657	1666		co-curricular activity [that] if the activity is expressly required for the instruction of
1658	1667		816
1659	1668		established core standards as described in Section 53E-4-202 or 53E-4-204,[ and that
1660	1669		817
1661	1670		is not an elective,] except for the following:
1662	1671		818
1663	1672		(i) an elective, including a course for which a student earns credit toward a fine arts
1664	1673		819
1665	1674		requirement under the standards described in Subsection 53E-4-204(2);
1666	1675		820
1667	1676		[(i)] (ii) instructional equipment or supplies;
1668	1677		821
1669	1678		[(ii)] (iii) a driver education course described in Section 53G-10-503;
1670	1679		822
1671	1680		[(iii)] (iv) a payment for a fee for:
1672	1681		823
1673	1682		(A) open enrollment application processing in accordance with Section 53G-6-402;
1674	1683		824
1675	1684		(B) charter school application processing in accordance with Section 53G-6-503;
1676	1685		825
1677	1686		or
1678	1687		826
1679	1688		(C) competency remediation programs in accordance with Section 53G-9-803;
1680	1689		827
1681	1690		[(iv)] (v) a fee described in Subsection [(5)] (4);
1682	1691		828
1683	1692		[(v)] (vi) a music instrument rental; or
1684	1693		829
1685	1694		[(vi)] (vii) school activity clothing;
1686	1695		830
1687	1696		(b) for that portion of a co-curricular activity that is during regular school hours, an LEA
1688	1697		831
1689	1698		may only charge a secondary student for the fees described in Subsection (3)(a); and
1690	1699		832
1691	1700		(c) an LEA may charge a secondary student a fee for a co-curricular activity or
1692	1701		833
1693	1702		extracurricular activity, including the life-cycle replacement costs for school
1694	1703		834
1695	1704		equipment directly related to the co-curricular or extracurricular activity.
1696	1705		835
1697	1706		(4) An LEA may charge a secondary student:
1698	1707		836
1699	1708		(a) or an individual, a fee for an adult education course in accordance with Section
1700	1709		837
1701	1710		53E-10-202; or
1702	1711		838
1703	1712		(b) a fee for tuition, college credit, an exam, or a textbook, as described in Section
1704	1713		839
1705	1714		53G-7-506, for:
1706	1715		840
1707	1716		(i) an Advanced Placement course;
1708	1717		841
1709	1718		(ii) an International Baccalaureate course; or
	1719	+	- 25 - 1st Sub. (Buff) H.B. 76 02-28 11:31
1710	1720		842
1711	1721		(iii) a concurrent enrollment course, as described in Section 53E-10-302.
1712	1722		843
1713	1723		(5) An LEA may not charge a fee, except as provided in Subsection (3)(c):
1714		-	- 25 - H.B. 76 Enrolled Copy
1715	1724		844
1716	1725		(a) for school equipment; or
1717	1726		845
1718	1727		(b) that is general in nature and for a service or good that does not have a direct benefit
1719	1728		846
1720	1729		to the student paying the fee.
1721	1730		847
1722	1731		(6) An LEA governing board shall authorize each fee individually.
1723	1732		848
1724	1733		(7)(a) If an LEA imposes a fee under this part, the fee shall be equal to or less than the
1725	1734		849
1726	1735		expense incurred by the LEA in providing for a student the activity, course, or
1727	1736		850
1728	1737		program for which the LEA imposes the fee.
1729	1738		851
1730	1739		(b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
1731	1740		852
1732	1741		another fee, including a fee to supplant or subsidize an expense that the LEA incurs
1733	1742		853
1734	1743		for:
1735	1744		854
1736	1745		(i) a curricular activity; or
1737	1746		855
1738	1747		(ii) an expense for the portion of a co-curricular activity that occurs during regular
1739	1748		856
1740	1749		school hours.
1741	1750		857
1742	1751		(8) Notwithstanding Section 53E-3-401, if the state board finds that an LEA has violated a
1743	1752		858
1744	1753		provision of this part, the state board shall impose corrective action against the LEA,
1745	1754		859
1746	1755		which may include:
1747	1756		860
1748	1757		(a) requiring an LEA to repay improperly charged fees;
1749	1758		861
1750	1759		(b) withholding state funds; or
1751	1760		862
1752	1761		(c) suspending the LEA's authority to charge fees for an amount of time specified by the
1753	1762		863
1754	1763		state board.
1755	1764		864
1756	1765		(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1757	1766		865
1758	1767		state board shall make rules:
1759	1768		866
1760	1769		(a) that require notice and an opportunity to be heard for an LEA affected by a state
1761	1770		867
1762	1771		board action described in this Subsection (9); and
1763	1772		868
1764	1773		(b) to administer this Subsection (9).
1765	1774		869
1766	1775		Section 9. Effective Date.
1767	1776		870
1768	1777		(1) Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
1769	1778		871
1770	1779		(2) The actions affecting Section 53F-2-504 (Effective 7/1/2025) take effect on July 1, 2025.
1771	1780		- 26 -