02-25 09:26 3rd Sub. (Cherry) H.B. 191
Jordan D. Teuscher proposes the following substitute bill:
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High School Credit Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Lincoln Fillmore
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LONG TITLE
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General Description:
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This bill addresses the use of an instructional packet to receive credit in public high schools.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ allows a local education agency to award a high school student credit for a course
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completed through the packet method if the packet meets certain requirements;
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▸ requires the State Board of Education to review and approve packets;
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▸ creates a sunset for a certain report;
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▸ makes technical and conforming changes; and
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▸ creates a reporting requirement.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53E-1-201, as last amended by Laws of Utah 2024, Chapters 3, 460 and 525
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53E-3-501, as last amended by Laws of Utah 2023, Chapter 527
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63I-2-253, as last amended by Laws of Utah 2024, Third Special Session, Chapters 5, 5
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53E-1-201 is amended to read:
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53E-1-201 . Reports to and action required of the Education Interim Committee.
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(1) In accordance with applicable provisions and Section 68-3-14, the following recurring
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reports are due to the Education Interim Committee:
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(a) the report described in Section 9-22-109 by the STEM Action Center Board,
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including the information described in Section 9-22-113 on the status of the computer
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science initiative and Section 9-22-114 on the Computing Partnerships Grants
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Program;
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(b) the prioritized list of data research described in Section 53B-33-302 and the report on
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research and activities described in Section 53B-33-304 by the Utah Data Research
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Center;
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(c) the report described in Section 53B-1-402 by the Utah Board of Higher Education on
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career and technical education issues and addressing workforce needs;
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(d) the annual report of the Utah Board of Higher Education described in Section
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53B-1-402;
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(e) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
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regarding activities related to campus safety;
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(f) the State Superintendent's Annual Report by the state board described in Section
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53E-1-203;
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(g) the annual report described in Section 53E-2-202 by the state board on the strategic
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plan to improve student outcomes;
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(h) the report described in Section 53E-3-501 by the state board on students in an LEA
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who receive academic credit through the packet method;
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[(h)] (i) the report described in Section 53E-8-204 by the state board on the Utah Schools
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for the Deaf and the Blind;
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[(i)] (j) the report described in Section 53E-10-703 by the Utah Leading through
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Effective, Actionable, and Dynamic Education director on research and other
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activities;
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[(j)] (k) the report described in Section 53F-2-522 regarding mental health screening
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programs;
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[(k)] (l) the report described in Section 53F-4-203 by the state board and the independent
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evaluator on an evaluation of early interactive reading software;
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[(l)] (m) the report described in Section 63N-20-107 by the Governor's Office of
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Economic Opportunity on UPSTART;
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[(m)] (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
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related to grants for professional learning and grants for an elementary teacher
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preparation assessment;
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[(n)] (o) upon request, the report described in Section 53F-5-219 by the state board on
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the Local Innovations Civics Education Pilot Program;
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[(o)] (p) the report described in Section 53F-5-405 by the state board regarding an
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evaluation of a partnership that receives a grant to improve educational outcomes for
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students who are low income;
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[(p)] (q) the report described in Section 53B-35-202 regarding the Higher Education and
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Corrections Council;
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[(q)] (r) the report described in Section 53G-7-221 by the state board regarding
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innovation plans; and
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[(r)] (s) the reports described in Section 53F-6-412 regarding the Utah Fits All
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Scholarship Program.
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(2) In accordance with applicable provisions and Section 68-3-14, the following occasional
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reports are due to the Education Interim Committee:
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(a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116,
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53B-1-117, and 53B-1-118;
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(b) if required, the report described in Section 53E-4-309 by the state board explaining
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the reasons for changing the grade level specification for the administration of
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specific assessments;
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(c) if required, the report described in Section 53E-5-210 by the state board of an
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adjustment to the minimum level that demonstrates proficiency for each statewide
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assessment;
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(d) the report described in Section 53E-10-702 by Utah Leading through Effective,
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Actionable, and Dynamic Education;
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(e) if required, the report described in Section 53F-2-513 by the state board evaluating
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the effects of salary bonuses on the recruitment and retention of effective teachers in
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high poverty schools;
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(f) upon request, a report described in Section 53G-7-222 by an LEA regarding
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expenditure of a percentage of state restricted funds to support an innovative
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education program;
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(g) the reports described in Section 53G-11-304 by the state board regarding proposed
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rules and results related to educator exit surveys; and
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(h) the report described in Section 26B-5-113 by the Office of Substance Use and
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Mental Health, the state board, and the Department of Health and Human Services
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regarding recommendations related to Medicaid reimbursement for school-based
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health services.
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Section 2. Section 53E-3-501 is amended to read:
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53E-3-501 . State board to establish miscellaneous minimum standards for public
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schools.
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(1) The state board shall establish rules and minimum standards for the public schools that
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are consistent with this public education code, including rules and minimum standards
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governing the following:
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(a)(i) the qualification and certification of educators and ancillary personnel who
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provide direct student services;
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(ii) required school administrative and supervisory services; and
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(iii) the evaluation of instructional personnel;
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(b)(i) access to programs;
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(ii) attendance;
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(iii) competency levels;
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(iv) graduation requirements; and
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(v) discipline and control;
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(c)(i) school accreditation;
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(ii) the academic year;
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(iii) alternative and pilot programs;
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(iv) curriculum and instruction requirements; and
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(v) school libraries;
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(d) services to:
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(i) persons with a disability as defined by and covered under:
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(A) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;
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(B) the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and
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(C) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and
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(ii) other special groups;
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(e)(i) state reimbursed bus routes;
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(ii) bus safety and operational requirements; and
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(iii) other transportation needs;
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(f)(i) school productivity and cost effectiveness measures;
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(ii) federal programs;
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(iii) school budget formats; and
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(iv) financial, statistical, and student accounting requirements; and
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(g) data collection and reporting by LEAs.
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(2) Except as provided in Subsection (3), the state board shall determine if:
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(a) the minimum standards have been met; and
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(b) required reports are properly submitted.
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(3) When the state board makes a request of an LEA under Subsection (1)(f) or (g), the
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state board shall include:
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(a) the justification for the requested information;
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(b) a statement confirming that the information is not available elsewhere;
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(c) a deadline by which the LEA must provide the information in accordance with state
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board rule; and
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(d) penalties, including withholding of funds, for non-compliance in accordance with
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state and federal law.
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(4) The state board may apply for, receive, administer, and distribute to eligible applicants
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funds made available through programs of the federal government.
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(5)(a) A technical college listed in Section 53B-2a-105 shall provide competency-based
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career and technical education courses that fulfill high school graduation
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requirements, as requested and authorized by the state board.
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(b) A school district may grant a high school diploma to a student participating in a
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course described in Subsection (5)(a) that is provided by a technical college listed in
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Section 53B-2a-105.
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(6)(a) As used in this Subsection (6), "generally accepted accounting principles" means a
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common framework of accounting rules and standards for financial reporting
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promulgated by the Governmental Accounting Standards Board.
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(b) Subject to Subsections (6)(c) and (d), the state board shall ensure the rules and
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standards described in Subsections (1)(f) and (g) allow for an LEA to make
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adjustments to the LEA's general entry ledger, in accordance with generally accepted
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accounting principles, to accurately reflect the LEA's use of funds for allowable costs
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and activities:
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(i) during a fiscal year; and
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(ii) at the close of a fiscal year.
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(c) If the state board determines under Subsection (2) that an LEA has not met the
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minimum standards described in Subsection (1)(f) or (g) or has not properly
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submitted a required report, the state board shall allow the LEA an opportunity to
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cure the relevant defect through an adjustment described in Subsection (6)(b).
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(d) An LEA may not, in an adjustment described in Subsection[ ] (6)(b), reflect the use
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of restricted federal or state funds for a cost or activity that is not an allowable cost or
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activity for the restricted funds.
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(7)(a) As used in this Subsection (7):
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(i)(A) "Comparable course" means a course that fulfills the same graduation credit
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requirements as a course for which a student seeks to improve a grade.
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(B) "Comparable course" does not include a course a student completes through
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the packet method.
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(ii) "Grade replacement" means credit a student earns by retaking a teacher-led
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course for a letter grade to improve a previous grade, which:
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(A) may raise the student's grade point average if the new grade is higher; and
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(B) replaces the lower grade on the student's transcript.
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(iii) "Original credit" means credit a student earns through the successful completion
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of a course for the first time.
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(iv) "Packet" means a collection of instructional materials and assessments used to
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receive credit through the packet method.
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(v) "Packet method" means an educational approach where:
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(A) a high school student receives a collection of instructional materials from an
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institution, organization, or LEA;
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(B) the high school student works through the materials independently with
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minimal or no direct instruction from a teacher; and
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(C) assessment is primarily based on completion of assignments within the
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instructional materials.
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(vi) "Replacement credit" means a pass-fail credit a student earns for a course the
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student did not pass or complete, which:
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(A) does not affect the student's grade point average; and
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(B) allows the student to fulfill high school graduation requirements.
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(b) An LEA may award a grade for original credit or replacement credit through the
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packet method if the packet adheres to the standards prescribed in state board rule
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and:
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(i) the LEA approves the packet for use as an instructional material in accordance
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with:
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(A) Subsection 53G-4-402(27) for a district school; or
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(B) Section 53G-5-404 for a charter school; or
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(ii) the state board recommends the packet after going through the state instructional
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materials process described in Title 53E, Chapter 4, Part 4, State Instructional
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Materials.
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(c) An LEA may not use the packet method, or classify a packet as original credit, to
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improve a previous course grade of a high school student as described in Subsection
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(7)(d).
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(d) A high school student may improve a grade through grade replacement by:
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(i) repeating a course one or more times; or
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(ii) enrolling in and completing a comparable course that is teacher-led.
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(e) The state board shall:
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(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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make rules or policies that:
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(A) establish standards for the use of the packet method to award original credit
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and replacement credit;
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(B) include alignment with core standards the state board establishes under
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Sections 53E-3-501 and 53E-4-202; and
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(C) maintain a comprehensive list of state board approved packets in the state
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board's Recommended Instructional Materials System on the state board's
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website; and
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(ii) report annually to the Education Interim Committee the number of students in
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each LEA who receive academic credit through the packet method.
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(f) An LEA shall:
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(i) assign a distinct course name and number for credit earned through the packet
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method to easily identify the use of the packet method on a student transcript; and
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(ii) track and record the number of packets an LEA uses to award original credit or
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replacement credit each school year.
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Section 3. Section 63I-2-253 is amended to read:
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63I-2-253 . Repeal dates: Titles 53 through 53G.
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(1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed July 1,
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2024.
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(2) Section 53-1-118, Public Safety Honoring Heroes Restricted Account -- Creation --
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Funding -- Distribution of funds by the commissioner, is repealed July 1, 2024.
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(3) Section 53-1-120, Utah Law Enforcement Memorial Support Restricted Account --
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Creation -- Funding -- Distribution of funds by the commissioner, is repealed July 1,
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2024.
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(4) Section 53-2a-303, Statewide mutual aid committee, is repealed October 1, 2024.
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(5) Title 53, Chapter 2c, COVID-19 Health and Economic Response Act, is repealed July 1,
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2026.
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(6) Section 53-2d-101.1, Contracting authority -- Rulemaking authority, is repealed July 1,
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2024.
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(7) Section 53-2d-107, Air Ambulance Committee -- Membership -- Duties, is repealed
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July 1, 2024.
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(8) Section 53-2d-302, Trauma system advisory committee, is repealed October 1, 2024.
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(9) Section 53-7-109, Firefighter Support Restricted Account, is repealed July 1, 2024.
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(10) Section 53-9-104, Board -- Creation-- Qualifications -- Appointments -- Terms --
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Immunity, is repealed October 1, 2024.
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(11) Section 53-9-105, Powers and duties of the board, is repealed October 1, 2024.
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(12) Section 53-9-106, Meetings -- Hearings, is repealed October 1, 2024.
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(13) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem
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-- Report -- Expiration, is repealed December 31, 2025.
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(14) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
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repealed December 31, 2025.
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(15) Section 53-25-103, Airport dangerous weapon possession reporting requirements, is
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repealed December 31, 2031.
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(16) Section 53B-8-114, Continuation of previously authorized scholarships, is repealed
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July 1, 2024.
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(17) Section 53B-10-101, Terrel H. Bell Teaching Incentive Loans program -- Eligible
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students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
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requirements -- Duration of incentive loans, is repealed July 1, 2027.
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(18) Subsection 53E-3-501(7)(e)(ii), regarding a report on the packet method, is repealed
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July 1, 2028.
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[(18)] (19) Subsection 53F-2-504(6), regarding a report on the Salary Supplement for
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Highly Needed Educators, is repealed July 1, 2026.
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[(19)] (20) Section 53F-2-524, Teacher bonuses for extra assignments, is repealed July 1,
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2024.
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[(20)] (21) Section 53F-5-221, Management of energy and water use pilot program, is
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repealed July 1, 2028.
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[(21)] (22) Section 53F-5-222, Mentoring and Supporting Teacher Excellence and
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Refinement Pilot Program, is repealed July 1, 2028.
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[(22)] (23) Section 53F-5-223, Stipends for Future Educators Grant Program, is repealed
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July 1, 2028.
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[(23)] (24) Section 53F-9-401, Autism Awareness Restricted Account, is repealed July 1,
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2024.
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[(24)] (25) Section 53F-9-403, Kiwanis Education Support Fund, is repealed July 1, 2024.
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[(25)] (26) Subsection 53G-11-502(1), regarding implementation of the educator evaluation
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process, is repealed July 1, 2029.
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[(26)] (27) Section 53G-11-506, Establishment of educator evaluation program -- Joint
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committee, is repealed July 1, 2029.
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[(27)] (28) Section 53G-11-507, Components of educator evaluation program, is repealed
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July 1, 2029.
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[(28)] (29) Section 53G-11-508, Summative evaluation timelines -- Review of summative
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evaluations, is repealed July 1, 2029.
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[(29)] (30) Section 53G-11-509, Mentor for provisional educator, is repealed July 1, 2029.
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[(30)] (31) Section 53G-11-510, State board to describe a framework for the evaluation of
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educators, is repealed July 1, 2029.
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[(31)] (32) Section 53G-11-511, Rulemaking for privacy protection, is repealed July 1, 2029.
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[(32)] (33) Subsection 53G-11-520(1), regarding optional alternative educator evaluation
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processes, is repealed July 1, 2029.
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[(33)] (34) Subsection 53G-11-520(2), regarding an exception from educator evaluation
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process requirements, is repealed July 1, 2029.
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Section 4. Effective Date.
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This bill takes effect on July 1, 2025.
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