Utah 2025 Regular Session

Utah House Bill HB0247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~02-20 10~~:04 H.B. 247
	1	+	01-16 14:26 H.B. 247
2	2		1
3	3		School Swimming and Lifeguarding Programs
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Melissa G. Ballard
7		-	Senate Sponsor:
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill enacts provisions in public education related to water safety.
16	15		6
17	16		Highlighted Provisions:
18	17		7
19	18		This bill:
20	19		8
21	20		▸ defines terms;
22	21		9
23	22		▸ requires the inclusion of water safety instruction in the public education core curriculum
24	23		10
25	24		standards for physical education;
26	25		11
27	26		▸ allows the exemption of a student from required water safety instruction under certain
28	27		12
29	28		circumstances;
30	29		13
31	30		▸ allows a local education agency (LEA) to:
32	31		14
33	32		● provide swim instruction, lifeguard certification training, and swim instructor
34	33		15
35	34		certification training as courses under certain conditions;
36	35		16
37	36		● construe the completion of certain courses toward physical education credit
38	37		17
39	38		requirements or other requirements; and
40	39		18
41	40		● enter into an agreement with certain providers to offer certain programs; and
42	41		19
43	42		▸ grants rulemaking authority to the State Board of Education.
44	43		20
45	44		Money Appropriated in this Bill:
46	45		21
47	46		None
48	47		22
49	48		Other Special Clauses:
50	49		23
51	50		This bill provides a special effective date.
52	51		24
53	52		Utah Code Sections Affected:
54	53		25
55	54		ENACTS:
56	55		26
57	56		53G-10-409, Utah Code Annotated 1953
58	57		27
59	58		53G-10-410, Utah Code Annotated 1953
60	59		28
61	60
62	61		29
63	62		Be it enacted by the Legislature of the state of Utah:
64	63		30
65	64		Section 1. Section 53G-10-409 is enacted to read:
66		-	H.B. 247 H.B. 247 02-20 10:04
67	65		31
68		-	53G-10-409 . Water safety instruction -- Requirements.
	66	+	53G-10-409 . Water safety instruction -- Requirements. H.B. 247 01-16 14:26
69	67		32
70		-	(1) Ĥ→ [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
71		-	32a
72		-	the] The ←Ĥ
	68	+	(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
73	69		33
74		-	state board shall make Ĥ→ [rules ] standards ←Ĥ to develop and
75		-	33a
76		-	implement water safety instruction as part of
	70	+	state board shall make rules to develop and implement water safety instruction as part of
77	71		34
78	72		the core curriculum standards for instruction in physical education, beginning with the
79	73		35
80	74		2027-2028 academic year.
81	75		36
82	76		(2) The state board shall:
83	77		37
84		-	(a) consult with the American Red Cross or other similar organization to make the Ĥ→ [
85		-	37a
86		-	rules] standards ←Ĥ
	78	+	(a) consult with the American Red Cross or other similar organization to make the rules
87	79		38
88	80		described in Subsection (1); and
89	81		39
90		-	(b) ensure that the Ĥ→ [rules] standards ←Ĥ described in Subsection
91		-	39a
92		-	(1) include instruction in:
	82	+	(b) ensure that the rules described in Subsection (1) include instruction in:
93	83		40
94	84		(i) safe behaviors in and around water;
95	85		41
96	86		(ii) water condition awareness;
97	87		42
98	88		(iii) the importance of pool barriers and fencing;
99	89		43
100	90		(iv) the proper use of flotation devices;
101	91		44
102	92		(v) the importance of swim lessons;
103	93		45
104	94		(vi) the proper supervision of swim areas;
105	95		46
106	96		(vii) the importance of avoiding alcohol and substance use in and around water;
107	97		47
108	98		(viii) recognizing when someone is in trouble and calling for help; and
109	99		48
110	100		(ix) emergency response techniques, including:
111	101		49
112	102		(A) calling for emergency assistance; and
113	103		50
114	104		(B) CPR training described in Section 53G-10-408.
115	105		51
116		-	(3) Beginning in the 2027-2028 academic year, an LEA Ĥ→ [shall] may ←Ĥ
117		-	51a
118		-	ensure that each student
	106	+	(3) Beginning in the 2027-2028 academic year, an LEA shall ensure that each student
119	107		52
120	108		receives instruction on water safety as described in this section.
121	109		53
122	110		(4) A student is exempt from completing water safety instruction if:
123	111		54
124	112		(a) the student's parent or legal guardian requests that the student be exempt from water
125	113		55
126	114		safety instruction; or
127	115		56
128	116		(b) the student has an IEP, and water safety instruction is inconsistent with the student's
129	117		57
130	118		IEP.
131	119		58
132	120		(5) Nothing in this section requires access to a body of water for practical instruction in the
133	121		59
134	122		concepts described in this section.
135		-	- 2 - 02-20 10:04 H.B. 247
136	123		60
137	124		Section 2. Section 53G-10-410 is enacted to read:
138	125		61
139	126		53G-10-410 . Swim instruction -- Swim instructor certification training --
140	127		62
141	128		Lifeguard certification training -- Requirements.
142	129		63
143	130		(1) As used in this section:
144	131		64
145	132		(a) "Lifeguard certification training" means a training and certification program for a
146	133		65
147	134		student who is at least 15 years old and that is certified by the American Red Cross or
	135	+	- 2 - 01-16 14:26 H.B. 247
148	136		66
149	137		an equivalent program approved by the Department of Health and Human Services
150	138		67
151	139		that:
152	140		68
153	141		(i) a certified lifeguard instructor teaches at a public or private facility;
154	142		69
155	143		(ii) a student may take to satisfy credit requirements or other requirements for
156	144		70
157	145		physical education; and
158	146		71
159	147		(iii) offers an opportunity for a student to enter the work force as a lifeguard after
160	148		72
161	149		certification.
162	150		73
163	151		(b)(i) "Swim instruction" means swim lessons from a certified swim instructor that
164	152		74
165	153		instruct a student in knowing how to:
166	154		75
167	155		(A) enter and exit water that is over the head;
168	156		76
169	157		(B) float or tread water for at least one minute;
170	158		77
171	159		(C) turn over and around in the water;
172	160		78
173	161		(D) swim at least 25 yards; and
174	162		79
175	163		(E) safely exit the water.
176	164		80
177	165		(ii) "Swim instruction" includes swim lessons at the beginning, intermediate, and
178	166		81
179	167		advanced levels, including other distinctions of skill and ability, as the state board
180	168		82
181	169		defines in rule.
182	170		83
183	171		(c) "Swim instructor certification training" means a training and certification program
184	172		84
185	173		for a student who is at least 15 years old and that:
186	174		85
187	175		(i) is certified by the American Red Cross or an equivalent program approved by the
188	176		86
189	177		Department of Health and Human Services;
190	178		87
191	179		(ii) a certified lifeguard instructor or swim instructor teaches at a public or private
192	180		88
193	181		facility;
194	182		89
195	183		(iii) a student may take to satisfy credit requirements or other requirements for
196	184		90
197	185		physical education; and
198	186		91
199	187		(iv) offers an opportunity for a student to enter the work force as a swim instructor
200	188		92
201	189		after certification.
202	190		93
203	191		(2) Beginning with the 2025-2026 academic year, and subject to Subsection (3), an LEA
204		-	- 3 - H.B. 247 02-20 10:04
205	192		94
206	193		may include courses for swim instruction, lifeguard certification training, or swim
207	194		95
208	195		instructor certification training for credit, including toward a credit requirement or other
209	196		96
210	197		requirements for physical education.
211	198		97
212	199		(3) Subject to Subsection (4) or (5), a student may receive credit toward a credit
213	200		98
214	201		requirement or other requirements for physical education by:
215	202		99
216	203		(a) completing a course in swim instruction;
	204	+	- 3 - H.B. 247 01-16 14:26
217	205		100
218	206		(b) completing a swim instruction certification training program; or
219	207		101
220	208		(c) completing a lifeguard certification training program.
221	209		102
222	210		(4)(a) If an LEA does not have access to an LEA pool, the LEA may partner with a
223	211		103
224	212		recreation center, public facility, another LEA, or a private facility that is under the
225	213		104
226	214		supervision of a certified lifeguard, to provide swim instruction to the LEA's students
227	215		105
228	216		as part of physical education within the core standards.
229	217		106
230	218		(b) An LEA shall construe the completion of a swim instruction course outside of the
231	219		107
232	220		school day or school year toward a credit requirement or other requirements for
233	221		108
234	222		physical education for a student if the student's parent submits an application for
235	223		109
236	224		credit to the LEA that includes a certification or verification from the relevant
237	225		110
238	226		instructor verifying:
239	227		111
240	228		(i) the number of swim instruction hours the course comprised; and
241	229		112
242	230		(ii) the minimum required instruction described in Subsection (1).
243	231		113
244	232		(5)(a) An LEA may partner with a recreation center or other public or private facility
245	233		114
246	234		under the supervision of a certified lifeguard to provide lifeguard certification
247	235		115
248	236		training or swim instructor certification training to the LEA's students as part of
249	237		116
250	238		physical education within the core standards.
251	239		117
252	240		(b) An LEA shall construe the completion of a lifeguard certification training program
253	241		118
254	242		or a swim instructor certification training program toward a credit requirement or
255	243		119
256	244		other requirements for physical education for a student if the student's parent submits
257	245		120
258	246		an application to the LEA that includes a certification or verification from the
259	247		121
260	248		relevant instructor verifying:
261	249		122
262	250		(i) the number of lifeguard certification training hours or swim instructor certification
263	251		123
264	252		training hours the course comprised; and
265	253		124
266	254		(ii) the minimum required instruction described in Subsection (1).
267	255		125
268	256		(6) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
269	257		126
270	258		Rulemaking Act, make rules to implement this section.
271	259		127
272	260		Section 3. Effective Date.
273		-	- 4 - 02-20 10:04 H.B. 247
274	261		128
275	262		This bill takes effect on July 1, 2025.
276		-	- 5 -
	263	+	- 4 -