02-20 10:04 H.B. 247
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School Swimming and Lifeguarding Programs
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill enacts provisions in public education related to water safety.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires the inclusion of water safety instruction in the public education core curriculum
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standards for physical education;
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▸ allows the exemption of a student from required water safety instruction under certain
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circumstances;
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▸ allows a local education agency (LEA) to:
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● provide swim instruction, lifeguard certification training, and swim instructor
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certification training as courses under certain conditions;
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● construe the completion of certain courses toward physical education credit
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requirements or other requirements; and
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● enter into an agreement with certain providers to offer certain programs; and
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▸ grants rulemaking authority to the State Board of Education.
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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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ENACTS:
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53G-10-409, Utah Code Annotated 1953
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53G-10-410, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-10-409 is enacted to read:
H.B. 247 H.B. 247 02-20 10:04
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53G-10-409 . Water safety instruction -- Requirements.
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(1) Ĥ→ [In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the] The ←Ĥ
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state board shall make Ĥ→ [rules ] standards ←Ĥ to develop and
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implement water safety instruction as part of
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the core curriculum standards for instruction in physical education, beginning with the
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2027-2028 academic year.
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(2) The state board shall:
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(a) consult with the American Red Cross or other similar organization to make the Ĥ→ [
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rules] standards ←Ĥ
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described in Subsection (1); and
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(b) ensure that the Ĥ→ [rules] standards ←Ĥ described in Subsection
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(1) include instruction in:
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(i) safe behaviors in and around water;
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(ii) water condition awareness;
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(iii) the importance of pool barriers and fencing;
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(iv) the proper use of flotation devices;
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(v) the importance of swim lessons;
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(vi) the proper supervision of swim areas;
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(vii) the importance of avoiding alcohol and substance use in and around water;
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(viii) recognizing when someone is in trouble and calling for help; and
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(ix) emergency response techniques, including:
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(A) calling for emergency assistance; and
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(B) CPR training described in Section 53G-10-408.
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(3) Beginning in the 2027-2028 academic year, an LEA Ĥ→ [shall] may ←Ĥ
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ensure that each student
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receives instruction on water safety as described in this section.
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(4) A student is exempt from completing water safety instruction if:
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(a) the student's parent or legal guardian requests that the student be exempt from water
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safety instruction; or
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(b) the student has an IEP, and water safety instruction is inconsistent with the student's
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IEP.
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(5) Nothing in this section requires access to a body of water for practical instruction in the
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concepts described in this section.
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Section 2. Section 53G-10-410 is enacted to read:
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53G-10-410 . Swim instruction -- Swim instructor certification training --
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Lifeguard certification training -- Requirements.
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(1) As used in this section:
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(a) "Lifeguard certification training" means a training and certification program for a
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student who is at least 15 years old and that is certified by the American Red Cross or
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an equivalent program approved by the Department of Health and Human Services
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that:
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(i) a certified lifeguard instructor teaches at a public or private facility;
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(ii) a student may take to satisfy credit requirements or other requirements for
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physical education; and
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(iii) offers an opportunity for a student to enter the work force as a lifeguard after
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certification.
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(b)(i) "Swim instruction" means swim lessons from a certified swim instructor that
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instruct a student in knowing how to:
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(A) enter and exit water that is over the head;
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(B) float or tread water for at least one minute;
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(C) turn over and around in the water;
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(D) swim at least 25 yards; and
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(E) safely exit the water.
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(ii) "Swim instruction" includes swim lessons at the beginning, intermediate, and
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advanced levels, including other distinctions of skill and ability, as the state board
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defines in rule.
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(c) "Swim instructor certification training" means a training and certification program
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for a student who is at least 15 years old and that:
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(i) is certified by the American Red Cross or an equivalent program approved by the
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Department of Health and Human Services;
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(ii) a certified lifeguard instructor or swim instructor teaches at a public or private
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facility;
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(iii) a student may take to satisfy credit requirements or other requirements for
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physical education; and
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(iv) offers an opportunity for a student to enter the work force as a swim instructor
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after certification.
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(2) Beginning with the 2025-2026 academic year, and subject to Subsection (3), an LEA
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may include courses for swim instruction, lifeguard certification training, or swim
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instructor certification training for credit, including toward a credit requirement or other
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requirements for physical education.
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(3) Subject to Subsection (4) or (5), a student may receive credit toward a credit
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requirement or other requirements for physical education by:
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(a) completing a course in swim instruction;
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(b) completing a swim instruction certification training program; or
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(c) completing a lifeguard certification training program.
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(4)(a) If an LEA does not have access to an LEA pool, the LEA may partner with a
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recreation center, public facility, another LEA, or a private facility that is under the
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supervision of a certified lifeguard, to provide swim instruction to the LEA's students
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as part of physical education within the core standards.
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(b) An LEA shall construe the completion of a swim instruction course outside of the
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school day or school year toward a credit requirement or other requirements for
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physical education for a student if the student's parent submits an application for
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credit to the LEA that includes a certification or verification from the relevant
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instructor verifying:
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(i) the number of swim instruction hours the course comprised; and
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(ii) the minimum required instruction described in Subsection (1).
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(5)(a) An LEA may partner with a recreation center or other public or private facility
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under the supervision of a certified lifeguard to provide lifeguard certification
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training or swim instructor certification training to the LEA's students as part of
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physical education within the core standards.
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(b) An LEA shall construe the completion of a lifeguard certification training program
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or a swim instructor certification training program toward a credit requirement or
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other requirements for physical education for a student if the student's parent submits
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an application to the LEA that includes a certification or verification from the
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relevant instructor verifying:
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(i) the number of lifeguard certification training hours or swim instructor certification
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training hours the course comprised; and
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(ii) the minimum required instruction described in Subsection (1).
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(6) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, make rules to implement this section.
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Section 3. Effective Date.
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This bill takes effect on July 1, 2025.
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