01-06 15:20 S.B. 66
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School Personnel Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
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LONG TITLE
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General Description:
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This bill amends the definition of certain school employees to "education support
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professional."
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Highlighted Provisions:
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This bill:
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▸ amends the definitions of classified school employee and classified employee to
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"education support professional"; and
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▸ makes technical and conforming changes.
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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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None
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Utah Code Sections Affected:
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AMENDS:
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49-11-205, as last amended by Laws of Utah 2023, Chapter 16
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49-12-102, as last amended by Laws of Utah 2022, Chapter 171
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49-13-102, as last amended by Laws of Utah 2022, Chapter 171
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49-22-102, as last amended by Laws of Utah 2022, Chapter 171
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53E-1-203, as last amended by Laws of Utah 2024, Chapter 460
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53G-10-402, as last amended by Laws of Utah 2024, Chapters 20, 507
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53G-11-205, as last amended by Laws of Utah 2019, Chapter 293
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53G-11-519, as last amended by Laws of Utah 2024, Chapter 484
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 49-11-205 is amended to read:
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49-11-205 . Membership Council established -- Members -- Chair -- Duties --
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Expenses and per diem.
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(1) [There is established a ] A Membership Council is established to perform the duties S.B. 66 01-06 15:20
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under Subsection (5).
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(2) The Membership Council shall be composed of 15 council members selected as follows:
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(a) three council members shall be school employees selected by the governing board of
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an association representative of a majority of school employees who are members of
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a system administered by the board;
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(b) one council member shall be [a classified school employee] an education support
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professional selected by the governing board of the association representative of a
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majority of [classified school employees] education support professionals who are
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members of a system administered by the board;
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(c) two council members shall be public employees selected by the governing board of
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the association representative of a majority of the public employees who are
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members of a system administered by the board;
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(d) one council member shall be a municipal officer or employee selected by the
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governing board of the association representative of a majority of the municipalities
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who participate in a system administered by the board;
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(e) one council member shall be a county officer or employee selected by the governing
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board of the association representative of a majority of counties who participate in a
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system administered by the board;
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(f) one council member shall be a representative of members of the Judges'
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Noncontributory Retirement System selected by the Judicial Council;
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(g) one council member shall be a representative of members of the Public Safety
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Retirement Systems selected by the governing board of the association representative
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of the majority of peace officers who are members of the Public Safety Retirement
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Systems;
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(h) one council member shall be a representative of members of the Firefighters'
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Retirement System selected by the governing board of the association representative
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of the majority of paid professional firefighters who are members of the Firefighters'
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Retirement System;
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(i) one council member shall be a retiree selected by the governing board of the
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association representing the largest number of retirees, who are not public education
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retirees, from the Public Employees' Contributory, Public Employees'
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Noncontributory, and New Public Employees' Tier II Contributory Retirement
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Systems;
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(j) one council member shall be a retiree selected by the governing board of the
- 2 - 01-06 15:20 S.B. 66
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association representing the largest number of public education retirees;
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(k) one council member shall be a school business official selected by the governing
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board of the association representative of a majority of the school business officials
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from public education employers who participate in a system administered by the
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board; and
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(l) one council member shall be a special district officer or employee selected by the
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governing board of the association representing the largest number of special service
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districts and special districts who participate in a system administered by the board.
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(3)(a) Each entity granted authority to select council members under Subsection (2)
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may also revoke the selection at any time.
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(b) Each term on the council shall be for a period of four years, subject to Subsection
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(3)(a).
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(c) Each term begins on July 1 and expires on June 30.
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(d) When a vacancy occurs on the council for any reason, the replacement shall be
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selected for the remainder of the unexpired term.
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(4) The council shall annually designate one council member as chair.
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(5) The council shall:
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(a) recommend to the board and to the Legislature benefits and policies for members of
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any system or plan administered by the board;
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(b) recommend procedures and practices to improve the administration of the systems
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and plans and the public employee relations responsibilities of the board and office;
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(c) examine the record of all decisions affecting retirement benefits made by a hearing
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officer under Section 49-11-613;
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(d) submit nominations to the board for the position of executive director if that position
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is vacant;
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(e) advise and counsel with the board and the director on policies affecting members of
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the various systems administered by the office; and
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(f) perform other duties assigned to it by the board.
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(6) A member of the council may not receive compensation or benefits for the member's
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service, but may receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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Section 2. Section 49-12-102 is amended to read:
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49-12-102 . Definitions.
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As used in this chapter:
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(1)(a) "Benefits normally provided" means a benefit offered by an employer, including:
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(i) a leave benefit of any kind;
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(ii) insurance coverage of any kind if the employer pays some or all of the premium
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for the coverage;
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(iii) employer contributions to a health savings account, health reimbursement
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account, health reimbursement arrangement, or medical expense reimbursement
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plan; and
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(iv) a retirement benefit of any kind if the employer pays some or all of the cost of
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the benefit.
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(b) "Benefits normally provided" does not include:
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(i) a payment for social security;
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(ii) workers' compensation insurance;
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(iii) unemployment insurance;
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(iv) a payment for Medicare;
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(v) a payment or insurance required by federal or state law that is similar to a
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payment or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
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(vi) any other benefit that state or federal law requires an employer to provide an
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employee who would not otherwise be eligible to receive the benefit; or
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(vii) any benefit that an employer provides an employee in order to avoid a penalty or
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tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148
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and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152,
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and related federal regulations, including a penalty imposed by Internal Revenue
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Code, Section 4980H.
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(2)(a) "Compensation" means the total amount of payments made by a participating
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employer to a member of this system for services rendered to the participating
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employer, including:
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(i) bonuses;
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(ii) cost-of-living adjustments;
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(iii) other payments currently includable in gross income and that are subject to social
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security deductions, including any payments in excess of the maximum amount
133
subject to deduction under social security law;
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(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
135
or other benefits authorized by federal law; and
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(v) member contributions.
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(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
138
under Internal Revenue Code, Section 401(a)(17).
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(c) "Compensation" does not include:
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(i) the monetary value of remuneration paid in kind, including a residence or use of
141
equipment;
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(ii) the cost of any employment benefits paid for by the participating employer;
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(iii) compensation paid to a temporary employee, an exempt employee, or an
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employee otherwise ineligible for service credit;
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(iv) any payments upon termination, including accumulated vacation, sick leave
146
payments, severance payments, compensatory time payments, or any other special
147
payments;
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(v) any allowances or payments to a member for costs or expenses paid by the
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participating employer, including automobile costs, uniform costs, travel costs,
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tuition costs, housing costs, insurance costs, equipment costs, and dependent care
151
costs; or
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(vi) a teacher salary bonus described in Section 53F-2-513.
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(d) The executive director may determine if a payment not listed under this Subsection
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(2) falls within the definition of compensation.
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(3)(a) "Final average salary" means the amount calculated by averaging the highest five
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years of annual compensation preceding retirement subject to Subsections (3)(b), (c),
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(d), (e), and (f).
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(b) Except as provided in Subsection (3)(c), the percentage increase in annual
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compensation in any one of the years used may not exceed the previous year's
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compensation by more than 10% plus a cost-of-living adjustment equal to the
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decrease in the purchasing power of the dollar during the previous year, as measured
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by a United States Bureau of Labor Statistics Consumer Price Index average as
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determined by the board.
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(c) In cases where the participating employer provides acceptable documentation to the
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office, the limitation in Subsection (3)(b) may be exceeded if:
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(i) the member has transferred from another agency; or
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(ii) the member has been promoted to a new position.
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(d) If the member retires more than six months from the date of termination of
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employment, the member is considered to have been in service at the member's last
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rate of pay from the date of the termination of employment to the effective date of
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retirement for purposes of computing the member's final average salary only.
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(e) If the member has less than five years of service credit in this system, final average
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salary means the average annual compensation paid to the member during the full
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period of service credit.
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(f) The annual compensation used to calculate final average salary shall be based on a
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period, as determined by the board, consistent with the period used to determine
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years of service credit in accordance with Subsection (7).
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(4) "Participating employer" means an employer that meets the participation requirements
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of Sections 49-12-201 and 49-12-202.
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(5)(a) "Regular full-time employee" means an employee:
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(i) whose term of employment for a participating employer contemplates continued
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employment during a fiscal or calendar year;
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(ii) whose employment normally requires an average of 20 hours or more per week,
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except as modified by the board; and
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(iii) who receives benefits normally provided by the participating employer.
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(b) "Regular full-time employee" includes:
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(i) a teacher whose term of employment for a participating employer contemplates
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continued employment during a school year and who teaches half-time or more;
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(ii) [a classified school employee] an education support professional:
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(A) who is hired before July 1, 2013; and
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(B) whose employment normally requires an average of 20 hours per week or
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more for a participating employer, regardless of benefits provided;
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(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
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of January 1, 1990, as provided in Section 49-12-407;
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(iv) a faculty member or employee of an institution of higher education who is
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considered full-time by that institution of higher education; and
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(v) an individual who otherwise meets the definition of this Subsection (5) who
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performs services for a participating employer through a professional employer
199
organization or similar arrangement.
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(c) "Regular full-time employee" does not include [a classified school employee] an
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education support professional:
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(i)(A) who is hired on or after July 1, 2013; and
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(B) who does not receive benefits normally provided by the participating
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employer even if the employment normally requires an average of 20 hours per
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week or more for a participating employer;
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(ii)(A) who is hired before July 1, 2013;
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(B) who did not qualify as a regular full-time employee before July 1, 2013;
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(C) who does not receive benefits normally provided by the participating
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employer; and
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(D) whose employment hours are increased on or after July 1, 2013, to require an
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average of 20 hours per week or more for a participating employer; or
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(iii) who is a person working on a contract:
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(A) for the purposes of vocational rehabilitation and the employment and training
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of people with significant disabilities; and
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(B) that has been set aside from procurement requirements by the state pursuant to
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Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501
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et seq.
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(6) "System" means the Public Employees' Contributory Retirement System created under
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this chapter.
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(7) "Years of service credit" means:
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(a) a period consisting of 12 full months as determined by the board;
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(b) a period determined by the board, whether consecutive or not, during which a regular
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full-time employee performed services for a participating employer, including any
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time the regular full-time employee was absent on a paid leave of absence granted by
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a participating employer or was absent in the service of the United States government
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on military duty as provided by this chapter; or
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(c) the regular school year consisting of not less than eight months of full-time service
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for a regular full-time employee of an educational institution.
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Section 3. Section 49-13-102 is amended to read:
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49-13-102 . Definitions.
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As used in this chapter:
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(1) "Benefits normally provided" means the same as that term is defined in Section
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49-12-102.
234
(2)(a) "Compensation" means the total amount of payments made by a participating
235
employer to a member of this system for services rendered to the participating
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employer, including:
237
(i) bonuses;
238
(ii) cost-of-living adjustments;
239
(iii) other payments currently includable in gross income and that are subject to social
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security deductions, including any payments in excess of the maximum amount
241
subject to deduction under social security law; and
242
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
243
or other benefits authorized by federal law.
244
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
245
under Internal Revenue Code, Section 401(a)(17).
246
(c) "Compensation" does not include:
247
(i) the monetary value of remuneration paid in kind, including a residence or use of
248
equipment;
249
(ii) the cost of any employment benefits paid for by the participating employer;
250
(iii) compensation paid to a temporary employee, an exempt employee, or an
251
employee otherwise ineligible for service credit;
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(iv) any payments upon termination, including accumulated vacation, sick leave
253
payments, severance payments, compensatory time payments, or any other special
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payments;
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(v) any allowances or payments to a member for costs or expenses paid by the
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participating employer, including automobile costs, uniform costs, travel costs,
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tuition costs, housing costs, insurance costs, equipment costs, and dependent care
258
costs; or
259
(vi) a teacher salary bonus described in Section 53F-2-513.
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(d) The executive director may determine if a payment not listed under this Subsection
261
(2) falls within the definition of compensation.
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(3)(a) "Final average salary" means the amount calculated by averaging the highest
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three years of annual compensation preceding retirement subject to Subsections (3)(b),
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(c), (d), and (e).
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(b) Except as provided in Subsection (3)(c), the percentage increase in annual
266
compensation in any one of the years used may not exceed the previous year's
267
compensation by more than 10% plus a cost-of-living adjustment equal to the
268
decrease in the purchasing power of the dollar during the previous year, as measured
269
by a United States Bureau of Labor Statistics Consumer Price Index average as
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determined by the board.
271
(c) In cases where the participating employer provides acceptable documentation to the
272
office, the limitation in Subsection (3)(b) may be exceeded if:
273
(i) the member has transferred from another agency; or
274
(ii) the member has been promoted to a new position.
275
(d) If the member retires more than six months from the date of termination of
276
employment and for purposes of computing the member's final average salary only,
277
the member is considered to have been in service at the member's last rate of pay
278
from the date of the termination of employment to the effective date of retirement.
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(e) The annual compensation used to calculate final average salary shall be based on a
280
period, as determined by the board, consistent with the period used to determine
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years of service credit in accordance with Subsection (7).
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(4) "Participating employer" means an employer that meets the participation requirements
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of Sections 49-13-201 and 49-13-202.
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(5)(a) "Regular full-time employee" means an employee:
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(i) whose term of employment for a participating employer contemplates continued
286
employment during a fiscal or calendar year;
287
(ii) whose employment normally requires an average of 20 hours or more per week,
288
except as modified by the board; and
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(iii) who receives benefits normally provided by the participating employer.
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(b) "Regular full-time employee" includes:
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(i) a teacher whose term of employment for a participating employer contemplates
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continued employment during a school year and who teaches half time or more;
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(ii) [a classified school employee] an education support professional:
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(A) who is hired before July 1, 2013; and
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(B) whose employment normally requires an average of 20 hours per week or
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more for a participating employer, regardless of benefits provided;
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(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
298
of January 1, 1990, as provided in Section 49-13-407;
299
(iv) a faculty member or employee of an institution of higher education who is
300
considered full time by that institution of higher education; and
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(v) an individual who otherwise meets the definition of this Subsection (5) who
302
performs services for a participating employer through a professional employer
303
organization or similar arrangement.
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(c) "Regular full-time employee" does not include [a classified school employee] an
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education support professional:
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(i)(A) who is hired on or after July 1, 2013; and
307
(B) who does not receive benefits normally provided by the participating
308
employer even if the employment normally requires an average of 20 hours per
309
week or more for a participating employer;
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(ii)(A) who is hired before July 1, 2013;
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(B) who did not qualify as a regular full-time employee before July 1, 2013;
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(C) who does not receive benefits normally provided by the participating
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employer; and
314
(D) whose employment hours are increased on or after July 1, 2013, to require an
315
average of 20 hours per week or more for a participating employer; or
316
(iii) who is a person working on a contract:
317
(A) for the purposes of vocational rehabilitation and the employment and training
318
of people with significant disabilities; and
319
(B) that has been set aside from procurement requirements by the state pursuant to
320
Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501
321
et seq.
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(6) "System" means the Public Employees' Noncontributory Retirement System.
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(7) "Years of service credit" means:
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(a) a period consisting of 12 full months as determined by the board;
325
(b) a period determined by the board, whether consecutive or not, during which a regular
326
full-time employee performed services for a participating employer, including any
327
time the regular full-time employee was absent on a paid leave of absence granted by
328
a participating employer or was absent in the service of the United States government
329
on military duty as provided by this chapter; or
330
(c) the regular school year consisting of not less than eight months of full-time service
331
for a regular full-time employee of an educational institution.
332
Section 4. Section 49-22-102 is amended to read:
333
49-22-102 . Definitions.
334
As used in this chapter:
335
(1) "Benefits normally provided" means the same as that term is defined in Section
336
49-12-102.
337
(2)(a) "Compensation" means the total amount of payments made by a participating
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338
employer to a member of this system for services rendered to the participating
339
employer, including:
340
(i) bonuses;
341
(ii) cost-of-living adjustments;
342
(iii) other payments currently includable in gross income and that are subject to social
343
security deductions, including any payments in excess of the maximum amount
344
subject to deduction under social security law;
345
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
346
or other benefits authorized by federal law; and
347
(v) member contributions.
348
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
349
under Internal Revenue Code, Section 401(a)(17).
350
(c) "Compensation" does not include:
351
(i) the monetary value of remuneration paid in kind, including a residence or use of
352
equipment;
353
(ii) the cost of any employment benefits paid for by the participating employer;
354
(iii) compensation paid to a temporary employee or an employee otherwise ineligible
355
for service credit;
356
(iv) any payments upon termination, including accumulated vacation, sick leave
357
payments, severance payments, compensatory time payments, or any other special
358
payments;
359
(v) any allowances or payments to a member for costs or expenses paid by the
360
participating employer, including automobile costs, uniform costs, travel costs,
361
tuition costs, housing costs, insurance costs, equipment costs, and dependent care
362
costs; or
363
(vi) a teacher salary bonus described in Section 53F-2-513.
364
(d) The executive director may determine if a payment not listed under this Subsection
365
(2) falls within the definition of compensation.
366
(3) "Corresponding Tier I system" means the system or plan that would have covered the
367
member if the member had initially entered employment before July 1, 2011.
368
(4)(a) "Final average salary" means the amount calculated by averaging the highest five
369
years of annual compensation preceding retirement subject to Subsections (4)(b), (c),
370
(d), (e), and (f).
371
(b) Except as provided in Subsection (4)(c), the percentage increase in annual
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372
compensation in any one of the years used may not exceed the previous year's
373
compensation by more than 10% plus a cost-of-living adjustment equal to the
374
decrease in the purchasing power of the dollar during the previous year, as measured
375
by a United States Bureau of Labor Statistics Consumer Price Index average as
376
determined by the board.
377
(c) In cases where the participating employer provides acceptable documentation to the
378
office, the limitation in Subsection (4)(b) may be exceeded if:
379
(i) the member has transferred from another agency; or
380
(ii) the member has been promoted to a new position.
381
(d) If the member retires more than six months from the date of termination of
382
employment, the member is considered to have been in service at the member's last
383
rate of pay from the date of the termination of employment to the effective date of
384
retirement for purposes of computing the member's final average salary only.
385
(e) If the member has less than five years of service credit in this system, final average
386
salary means the average annual compensation paid to the member during the full
387
period of service credit.
388
(f) The annual compensation used to calculate final average salary shall be based on a
389
period, as determined by the board, consistent with the period used to determine
390
years of service credit in accordance with Subsection (8).
391
(5) "Participating employer" means an employer that meets the participation requirements
392
of:
393
(a) Sections 49-12-201 and 49-12-202;
394
(b) Sections 49-13-201 and 49-13-202;
395
(c) Section 49-19-201; or
396
(d) Section 49-22-201 or 49-22-202.
397
(6)(a) "Regular full-time employee" means an employee:
398
(i) whose term of employment for a participating employer contemplates continued
399
employment during a fiscal or calendar year;
400
(ii) whose employment normally requires an average of 20 hours or more per week,
401
except as modified by the board; and
402
(iii) who receives benefits normally provided by the participating employer.
403
(b) "Regular full-time employee" includes:
404
(i) a teacher whose term of employment for a participating employer contemplates
405
continued employment during a school year and who teaches half time or more;
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406
(ii) [a classified school employee] an education support professional:
407
(A) who is hired before July 1, 2013; and
408
(B) whose employment normally requires an average of 20 hours per week or
409
more for a participating employer, regardless of benefits provided;
410
(iii) an appointive officer whose appointed position is full time as certified by the
411
participating employer;
412
(iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
413
attorney general, and a state legislator;
414
(v) an elected official not included under Subsection (6)(b)(iv) whose elected position
415
is full time as certified by the participating employer;
416
(vi) a faculty member or employee of an institution of higher education who is
417
considered full time by that institution of higher education; and
418
(vii) an individual who otherwise meets the definition of this Subsection (6) who
419
performs services for a participating employer through a professional employer
420
organization or similar arrangement.
421
(c) "Regular full-time employee" does not include:
422
(i) a firefighter service employee as defined in Section 49-23-102;
423
(ii) a public safety service employee as defined in Section 49-23-102;
424
(iii) [a classified school employee] an education support professional:
425
(A) who is hired on or after July 1, 2013; and
426
(B) who does not receive benefits normally provided by the participating
427
employer even if the employment normally requires an average of 20 hours per
428
week or more for a participating employer;
429
(iv) [a classified school employee] an education support professional:
430
(A) who is hired before July 1, 2013;
431
(B) who did not qualify as a regular full-time employee before July 1, 2013;
432
(C) who does not receive benefits normally provided by the participating
433
employer; and
434
(D) whose employment hours are increased on or after July 1, 2013, to require an
435
average of 20 hours per week or more for a participating employer; or
436
(E) who is a person working on a contract:
437
(I) for the purposes of vocational rehabilitation and the employment and
438
training of people with significant disabilities; and
439
(II) that has been set aside from procurement requirements by the state
- 13 - S.B. 66 01-06 15:20
440
pursuant to Section 63G-6a-805 or the federal government pursuant to 41
441
U.S.C. Sec. 8501 et seq.
442
(7) "System" means the New Public Employees' Tier II Contributory Retirement System
443
created under this chapter.
444
(8) "Years of service credit" means:
445
(a) a period consisting of 12 full months as determined by the board;
446
(b) a period determined by the board, whether consecutive or not, during which a regular
447
full-time employee performed services for a participating employer, including any
448
time the regular full-time employee was absent on a paid leave of absence granted by
449
a participating employer or was absent in the service of the United States government
450
on military duty as provided by this chapter; or
451
(c) the regular school year consisting of not less than eight months of full-time service
452
for a regular full-time employee of an educational institution.
453
Section 5. Section 53E-1-203 is amended to read:
454
53E-1-203 . State Superintendent's Annual Report.
455
(1) The state board shall prepare and submit to the governor, the Education Interim
456
Committee, and the Public Education Appropriations Subcommittee, by January 15 of
457
each year, an annual written report known as the State Superintendent's Annual Report
458
that includes:
459
(a) the operations, activities, programs, and services of the state board;
460
(b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
461
(c) data on the general condition of the schools with recommendations considered
462
desirable for specific programs, including:
463
(i) a complete statement of fund balances;
464
(ii) a complete statement of revenues by fund and source;
465
(iii) a complete statement of adjusted expenditures by fund, the status of bonded
466
indebtedness, the cost of new school plants, and school levies;
467
(iv) a complete statement of state funds allocated to each school district and charter
468
school by source, including supplemental appropriations, and a complete
469
statement of expenditures by each school district and charter school, including
470
supplemental appropriations, by function and object as outlined in the United
471
States Department of Education publication "Financial Accounting for Local and
472
State School Systems";
473
(v) a statement that includes data on:
- 14 - 01-06 15:20 S.B. 66
474
(A) fall enrollments;
475
(B) average membership;
476
(C) high school graduates;
477
(D) [licensed and classified employees] all employees, including data reported by
478
school districts on educator ratings described in Section 53G-11-511;
479
(E) pupil-teacher ratios;
480
(F) average class sizes;
481
(G) average salaries;
482
(H) applicable private school data; and
483
(I) data from statewide assessments described in Section 53E-4-301 for each
484
school and school district;
485
(vi) statistical information for each school district and charter school regarding:
486
(A) student attendance by grade level;
487
(B) the percentage of students chronically absent;
488
(C) the percentage of student excused absences; and
489
(D) the percentage of student unexcused absences;
490
(vii) statistical information regarding incidents of delinquent activity in the schools,
491
at school-related activities, on school buses, and at school bus stops; and
492
(viii) other statistical and financial information about the school system that the state
493
superintendent considers pertinent.
494
(2)(a) For the purposes of Subsection (1)(c)(v):
495
(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
496
students enrolled in a school by the number of full-time equivalent teachers
497
assigned to the school, including regular classroom teachers, school-based
498
specialists, and special education teachers;
499
(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio
500
of the schools within a school district;
501
(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
502
pupil-teacher ratio of charter schools in the state; and
503
(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the
504
median pupil-teacher ratio of public schools in the state.
505
(b) The report shall:
506
(i) include the pupil-teacher ratio for:
507
(A) each school district;
- 15 - S.B. 66 01-06 15:20
508
(B) the charter schools aggregated; and
509
(C) the state's public schools aggregated; and
510
(ii) identify a website where pupil-teacher ratios for each school in the state may be
511
accessed.
512
(3) For each operation, activity, program, or service provided by the state board, the annual
513
report shall include:
514
(a) a description of the operation, activity, program, or service;
515
(b) data and metrics:
516
(i) selected and used by the state board to measure progress, performance,
517
effectiveness, and scope of the operation, activity, program, or service, including
518
summary data; and
519
(ii) that are consistent and comparable for each state operation, activity, program, or
520
service;
521
(c) budget data, including the amount and source of funding, expenses, and allocation of
522
full-time employees for the operation, activity, program, or service;
523
(d) historical data from previous years for comparison with data reported under
524
Subsections (3)(b) and (c);
525
(e) goals, challenges, and achievements related to the operation, activity, program, or
526
service;
527
(f) relevant federal and state statutory references and requirements;
528
(g) contact information of officials knowledgeable and responsible for each operation,
529
activity, program, or service; and
530
(h) other information determined by the state board that:
531
(i) may be needed, useful, or of historical significance; or
532
(ii) promotes accountability and transparency for each operation, activity, program,
533
or service with the public and elected officials.
534
(4)(a) Except as provided in Subsection (4)(b), the annual report shall also include:
535
(i) the report described in Section 53E-3-507 by the state board on career and
536
technical education needs and program access;
537
(ii) the report described in Section 53E-3-515 by the state board on the Hospitality
538
and Tourism Management Career and Technical Education Pilot Program;
539
(iii) the report described in Section 53E-3-516 by the state board on certain incidents
540
that occur on school grounds;
541
(iv) the report described in Section 53E-4-202 by the state board on the development
- 16 - 01-06 15:20 S.B. 66
542
and implementation of the core standards for Utah public schools;
543
(v) the report described in Section 53E-5-310 by the state board on school turnaround
544
and leadership development;
545
(vi) the report described in Section 53E-10-308 by the state board and Utah Board of
546
Higher Education on student participation in the concurrent enrollment program;
547
(vii) the report described in Section 53F-5-506 by the state board on information
548
related to personalized, competency-based learning; and
549
(viii) the report described in Section 53G-9-802 by the state board on dropout
550
prevention and recovery services.
551
(b) The Education Interim Committee or the Public Education Appropriations
552
Subcommittee may request a report described in Subsection (4)(a) to be reported
553
separately from the State Superintendent's Annual Report.
554
(5) The annual report shall be designed to provide clear, accurate, and accessible
555
information to the public, the governor, and the Legislature.
556
(6) The state board shall:
557
(a) submit the annual report in accordance with Section 68-3-14; and
558
(b) make the annual report, and previous annual reports, accessible to the public by
559
placing a link to the reports on the state board's website.
560
(7)(a) Upon request of the Education Interim Committee or Public Education
561
Appropriations Subcommittee, the state board shall present the State Superintendent's
562
Annual Report to either committee.
563
(b) After submitting the State Superintendent's Annual Report in accordance with this
564
section, the state board may supplement the report at a later time with updated data,
565
information, or other materials as necessary or upon request by the governor, the
566
Education Interim Committee, or the Public Education Appropriations Subcommittee.
567
Section 6. Section 53G-10-402 is amended to read:
568
53G-10-402 . Instruction in health -- Parental consent requirements -- Conduct
569
and speech of school employees and volunteers -- Political and religious doctrine
570
prohibited.
571
(1) As used in this section:
572
(a) "LEA governing board" means a local school board or charter school governing
573
board.
574
(b) "Refusal skills" means instruction:
575
(i) in a student's ability to clearly and expressly refuse sexual advances by a minor or
- 17 - S.B. 66 01-06 15:20
576
adult;
577
(ii) in a student's obligation to stop the student's sexual advances if refused by another
578
individual;
579
(iii) informing a student of the student's right to report and seek counseling for
580
unwanted sexual advances;
581
(iv) in sexual harassment; and
582
(v) informing a student that a student may not consent to criminally prohibited
583
activities or activities for which the student is legally prohibited from giving
584
consent, including the electronic transmission of sexually explicit images by an
585
individual of the individual or another.
586
(2)(a) The state board shall establish curriculum requirements under Section 53E-3-501
587
that include instruction in:
588
(i) community and personal health;
589
(ii) physiology;
590
(iii) personal hygiene;
591
(iv) prevention of communicable disease;
592
(v) refusal skills; and
593
(vi) the harmful effects of pornography.
594
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
595
state board shall make rules that, and instruction shall:
596
(i) stress the importance of abstinence from all sexual activity before marriage and
597
fidelity after marriage as methods for preventing certain communicable diseases;
598
(ii) stress personal skills that encourage individual choice of abstinence and fidelity;
599
(iii) prohibit instruction in:
600
(A) the intricacies of intercourse, sexual stimulation, or erotic behavior;
601
(B) the advocacy of premarital or extramarital sexual activity; or
602
(C) the advocacy or encouragement of the use of contraceptive methods or
603
devices; and
604
(iv) except as provided in Subsection (2)(d), allow instruction to include information
605
about contraceptive methods or devices that stresses effectiveness, limitations,
606
risks, and information on state law applicable to minors obtaining contraceptive
607
methods or devices.
608
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
609
state board shall make rules for an LEA governing board that adopts instructional
- 18 - 01-06 15:20 S.B. 66
610
materials under Subsection (2)(g)(ii) that:
611
(i) require the LEA governing board to report on the materials selected and the LEA
612
governing board's compliance with Subsection (2)(h); and
613
(ii) provide for an appeal and review process of the LEA governing board's adoption
614
of instructional materials.
615
(d) The state board may not require an LEA to teach or adopt instructional materials that
616
include information on contraceptive methods or devices.
617
(e)(i) At no time may instruction be provided, including responses to spontaneous
618
questions raised by students, regarding any means or methods that facilitate or
619
encourage the violation of any state or federal criminal law by a minor or an adult.
620
(ii) Subsection (2)(e)(i) does not preclude an instructor from responding to a
621
spontaneous question as long as the response is consistent with the provisions of
622
this section.
623
(f) The state board shall recommend instructional materials for use in the curricula
624
required under Subsection (2)(a).
625
(g) An LEA governing board may choose to adopt:
626
(i) the instructional materials recommended under Subsection (2)(f); or
627
(ii) other instructional materials in accordance with Subsection (2)(h).
628
(h) An LEA governing board that adopts instructional materials under Subsection
629
(2)(g)(ii) shall:
630
(i) ensure that the materials comply with state law and board rules;
631
(ii) base the adoption of the materials on the recommendations of the LEA governing
632
board's Curriculum Materials Review Committee;
633
(iii) adopt the instructional materials in an open and regular meeting of the LEA
634
governing board for which prior notice is given to parents of students who attend
635
the respective schools; and
636
(iv) give parents an opportunity to express the parents' views and opinions on the
637
materials at the meeting described in Subsection (2)(h)(iii).
638
(3)(a) A student shall receive instruction in the courses described in Subsection (2) on at
639
least two occasions during the period that begins with the beginning of grade 8 and
640
the end of grade 12.
641
(b) At the request of the state board, the Department of Health and Human Services shall
642
cooperate with the state board in developing programs to provide instruction in those
643
areas.
- 19 - S.B. 66 01-06 15:20
644
(4)(a) The state board shall adopt rules that:
645
(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323
646
are complied with; and
647
(ii) require a student's parent to be notified in advance and have an opportunity to
648
review the information for which parental consent is required under Sections
649
76-7-322 and 76-7-323.
650
(b) The state board shall also provide procedures for disciplinary action for violation of
651
Section 76-7-322 or 76-7-323.
652
(5)(a) In keeping with the requirements of Section 53G-10-204, and because school
653
employees and volunteers serve as examples to students, school employees or
654
volunteers acting in an official capacity may not support or encourage criminal
655
conduct by students, teachers, or volunteers.
656
(b) To ensure the effective performance of school personnel, the limitations described in
657
Subsection (5)(a) also apply to a school employee or volunteer acting outside of the
658
school employee's or volunteer's official capacity if:
659
(i) the employee or volunteer knew or should have known that the employee's or
660
volunteer's action could result in a material and substantial interference or
661
disruption in the normal activities of the school; and
662
(ii) that action does result in a material and substantial interference or disruption in
663
the normal activities of the school.
664
(c) The state board or an LEA governing board may not allow training of school
665
employees or volunteers that support or encourage criminal conduct.
666
(d) The state board shall adopt, in accordance with Title 63G, Chapter 3, Utah
667
Administrative Rulemaking Act, rules implementing this section.
668
(e) Nothing in this section limits the ability or authority of the state board or an LEA
669
governing board to enact and enforce rules or take actions that are otherwise lawful,
670
regarding an educator's, employee's, or volunteer's qualifications or behavior
671
evidencing unfitness for duty.
672
(6) Except as provided in Section 53G-10-202, political, atheistic, sectarian, religious, or
673
denominational doctrine may not be taught in the public schools.
674
(7)(a) An LEA governing board and an LEA governing board's employees shall
675
cooperate and share responsibility in carrying out the purposes of this chapter.
676
(b) An LEA governing board shall provide appropriate professional development for the
677
LEA governing board's teachers, counselors, and school administrators to enable the
- 20 - 01-06 15:20 S.B. 66
678
teachers, counselors, and school administrators to understand, protect, and properly
679
instruct students in the values and character traits referred to in this section and
680
Sections 53E-9-202, 53E-9-203, 53G-10-202, 53G-10-203, 53G-10-204, and
681
53G-10-205, and distribute appropriate written materials on the values, character
682
traits, and conduct to each individual receiving the professional development.
683
(c) An LEA governing board shall make the written materials described in Subsection
684
(7)(b) available to [classified employees] education support professionals, students,
685
and students' parents.
686
(d) In order to assist an LEA governing board in providing the professional development
687
required under Subsection (7)(b), the state board shall, as appropriate, contract with a
688
qualified individual or entity possessing expertise in the areas referred to in
689
Subsection (7)(b) to develop and disseminate model teacher professional
690
development programs that an LEA governing board may use to train the individuals
691
referred to in Subsection (7)(b) to effectively teach the values and qualities of
692
character referenced in Subsection (7)(b).
693
(e) In accordance with the provisions of Subsection (5)(c), professional development
694
may not support or encourage criminal conduct.
695
(8) An LEA governing board shall review every two years:
696
(a) LEA governing board policies on instruction described in this section;
697
(b) for a local school board, data for each county that the school district is located in, or,
698
for a charter school governing board, data for the county in which the charter school
699
is located, on the following:
700
(i) teen pregnancy;
701
(ii) child sexual abuse; and
702
(iii) sexually transmitted diseases and sexually transmitted infections; and
703
(c) the number of pornography complaints or other instances reported within the
704
jurisdiction of the LEA governing board.
705
(9) If any one or more provision, subsection, sentence, clause, phrase, or word of this
706
section, or the application thereof to any person or circumstance, is found to be
707
unconstitutional, the balance of this section shall be given effect without the invalid
708
provision, subsection, sentence, clause, phrase, or word.
709
Section 7. Section 53G-11-205 is amended to read:
710
53G-11-205 . Education employee associations -- Equal participation --
711
Prohibition on endorsement or preferential treatment -- Naming of school breaks.
- 21 - S.B. 66 01-06 15:20
712
(1) As used in this section:
713
(a) "Education employee association" includes teacher associations, teacher unions,
714
teacher organizations, and [classified education employees'] education support
715
professionals' associations.
716
(b) "School" means a school district, a school in a school district, a charter school, or the
717
state board and its employees.
718
(2) A school shall allow education employee associations equal access to the following
719
activities:
720
(a) distribution of information in or access to teachers' or employees' physical or
721
electronic mailboxes, including email accounts that are provided by the school; and
722
(b) membership solicitation activities at new teacher or employee orientation training or
723
functions.
724
(3) If a school permits an education employee association to engage in any of the activities
725
described in Subsection (2), the school shall permit all other education employee
726
associations to engage in the activity on the same terms and conditions afforded to the
727
education employee association.
728
(4) It is unlawful for a school to:
729
(a) establish or maintain structures, procedures, or policies that favor one education
730
employee association over another or otherwise give preferential treatment to an
731
education employee association; or
732
(b) explicitly or implicitly endorse any education employee association.
733
(5) A school's calendars and publications may not include or refer to the name of any
734
education employee association in relation to any day or break in the school calendar.
735
Section 8. Section 53G-11-519 is amended to read:
736
53G-11-519 . Utah Recognizing Inspiring School Employees Award.
737
(1) As used in this section:
738
(a) "Association" means the governing board of the association that represents a
739
majority of [classified school employees] education support professionals employed
740
in the state.
741
(b) ["Classified school employee"] "Education support professional" means [the same as
742
that term is] a classified employee defined in the Recognizing Achievement in
743
Classified School Employees Act, 20 U.S.C. Sec. 6682.
744
(c) "Eligible individual" means [a classified school employee] an education support
745
professional who meets the eligibility requirements to be a nominee for the
- 22 - 01-06 15:20 S.B. 66
746
Recognizing Achievement in Classified School Employees Act, 20 U.S.C. Sec. 6681
747
et seq.
748
(2)(a) In accordance with the Recognizing Achievement in Classified School
749
Employees Act, 20 U.S.C. Sec. 6681 et seq., the governor shall annually nominate [a
750
classified school employee] an education support professional for the Recognizing
751
Inspiring School Employees Award Program.
752
(b) The governor shall consider submissions from the association in making the
753
nomination described in Subsection (2)(a).
754
(c) The association shall submit a list of eligible individuals to the governor no later than
755
September 1 each year.
756
(3)(a) There is created the Utah Recognizing Inspiring School Employees Award
757
Program to recognize excellence exhibited by public school system employees
758
providing services to students in pre-kindergarten through grade 12.
759
(b) The Utah Recognizing Inspiring School Employees Award shall be awarded to the
760
governor's nominee for the federal Recognizing Inspiring School Employees Award
761
Program under the Recognizing Achievement in Classified School Employees Act,
762
20 U.S.C. Sec. 6681 et seq.
763
Section 9. Effective date.
764
This bill takes effect on May 7, 2025.
- 23 -