53E-1 - Title Provisions

Title 53E > 53E-1

Sections (10)

General Provisions

53E-1-101 - Title.

53E-1-101(1) This title is known as “Public Education System — State Administration.” 53E-1-101(2) This chapter is known as “Title Provisions.”

53E-1-102 - Public education code definitions.

Unless otherwise indicated, as used in this title, Title 53F, Public Education System — Funding , and Title 53G, Public Education System — Local Administration : 53E-1-102(1) “Bullying” means the same as that term is defined in Section 53G-9-601. 53E-1-102(2) “Charter agreement” means an agreement made in accordance with Section 53G-5-303 that authorizes the operation of a charter school. 53E-1-102(3) “Charter school governing board” means the board that governs a charter school. 53E-1-102(4) “District school” means a public school under the control of a local school board. 53E-1-102(5) “Individualized education program” or “IEP” means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq. 53E-1-102(6) “LEA governing board” means:for a school district, the local school board;for a charter school, the charter school governing board; orfor the Utah Schools for the Deaf and the Blind, the state board. 53E-1-102(7) “Local education agency” or “LEA” means:a school district;a charter school; orthe Utah Schools for the Deaf and the Blind. 53E-1-102(8) “Local school board” means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education. 53E-1-102(9) “Minimum School Program” means the same as that term is defined in Section 53F-2-102. 53E-1-102(10) “Parent” means a parent or legal guardian. 53E-1-102(11) “Public education code” means:this title;Title 53F, Public Education System — Funding; andTitle 53G, Public Education System — Local Administration. 53E-1-102(12) “Section 504 accommodation plan” means a plan developed in accordance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student with a disability, to meet the student’s educational needs and ensure equitable access to a free appropriate public education. 53E-1-102(13) “School nurse” means a registered nurse:who holds:a license under Title 58, Chapter 31b, Nurse Practice Act; ora multistate license as that term is defined in Section 58-31e-102; andwhose primary role is the care of a defined group of students enrolled in the public school system. 53E-1-102(14) “State board” means the State Board of Education. 53E-1-102(15) “State superintendent” means the state superintendent of public instruction appointed under Section 53E-3-301.

53E-1-103 - Title 53E definitions.

Reports

53E-1-201 - Reports to and action required of the Education Interim Committee.

53E-1-201(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Education Interim Committee:the report described in Section 9-22-109 by the STEM Action Center Board, including the information described in Section 9-22-113 on the status of the computer science initiative and Section 9-22-114 on the Computing Partnerships Grants Program;the prioritized list of data research described in Section 53H-15-303 and the report on research and activities described in Section 53H-15-305 by the Utah Data Research Center;the report described in Section 53H-1-203 by the Utah Board of Higher Education on career and technical education issues and addressing workforce needs;the annual report of the Utah Board of Higher Education described in Section 53H-1-203;the reports described in Section 53H-7-603 by the Utah Board of Higher Education regarding activities related to campus safety;the State Superintendent’s Annual Report by the state board described in Section 53E-1-203;the annual report described in Section 53E-2-202 by the state board on the strategic plan to improve student outcomes;the report described in Section 53E-3-501 by the state board on students in an LEA who receive academic credit through the packet method;the report described in Section 53E-8-204 by the state board on the Utah Schools for the Deaf and the Blind;the report described in Section 53E-10-703 by the Utah Leading through Effective, Actionable, and Dynamic Education director on research and other activities;the report described in Section 53F-2-522 regarding mental health screening programs;the report described in Section 53F-4-203 by the state board and the independent evaluator on an evaluation of early interactive reading software;the report described in Section 53F-6-412 by the program manager of the Utah Fits All Scholarship Program;the report described in Section 63N-20-107 by the Governor’s Office of Economic Opportunity on UPSTART;the report described in Section 53F-5-215 by the state board related to a grant for an elementary teacher preparation assessment;upon request, the report described in Section 53F-5-219 by the state board on the Local Innovations Civics Education Pilot Program;the report described in Section 53F-5-405 by the state board regarding an evaluation of a partnership that receives a grant to improve educational outcomes for students who are low-income;the report described in Section 53H-1-604 regarding the Higher Education and Corrections Council;the report described in Section 53G-7-221 by the state board regarding innovation plans; andthe reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship Program. 53E-1-201(2) In accordance with applicable provisions and Section 68-3-14, the following occasional reports are due to the Education Interim Committee:in 2027, 2030, 2033, and 2035, the reports described in Sections 53H-1-502, 53H-1-503, and 53H-1-504;in 2025, the report described in Section 53H-6-203 by a degree-granting institution regarding policies on abusive coaching practices;if required, the report described in Section 53E-4-309 by the state board explaining the reasons for changing the grade level specification for the administration of specific assessments;if required, the report described in Section 53E-5-210 by the state board of an adjustment to the minimum level that demonstrates proficiency for each statewide assessment;the report described in Section 53E-10-702 by Utah Leading through Effective, Actionable, and Dynamic Education;if required, the report described in Section 53F-2-513 by the state board evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in high-poverty schools;upon request, the report described in Section 53F-10-303 by the state board regarding the Rural School Sports Facilities Grant Program;upon request, a report described in Section 53G-7-222 by an LEA regarding expenditure of a percentage of state restricted funds to support an innovative education program;the reports described in Section 53G-11-304 by the state board regarding proposed rules and results related to educator exit surveys; andthe report described in Section 26B-5-113 by the Office of Substance Use and Mental Health, the state board, and the Department of Health and Human Services regarding recommendations related to Medicaid reimbursement for school-based health services. 53E-1-201(3) In accordance with applicable provisions and Section 68-3-14, every five years the Education Interim Committee shall review the programs described in the following sections of code:beginning July 1, 2027, Title 53E, Chapter 10, Part 3, Concurrent Enrollment;beginning July 1, 2027, Section 53F-2-408, Enhancement for Accelerated Students Program;beginning July 1, 2027, Section 53F-2-409, Concurrent enrollment funding;beginning July 1, 2027, Section 53F-2-415, Student health and counseling support — Qualifying personnel — Distribution formula — Rulemaking;beginning July 1, 2028, Section 53F-2-416, Appropriation and distribution for the Teacher and Student Success Program;beginning July 1, 2028, Section 53F-2-510, Digital Teaching and Learning Grant Program;beginning July 1, 2028, Section 53F-9-306, Teacher and Student Success Account;beginning July 1, 2028, Title 53G, Chapter 7, Part 13, Teacher and Student Success Program; andbeginning July 1, 2029, Section 53F-2-502, Dual language immersion.

53E-1-202 - Reports to and action required of the Public Education Appropriations Subcommittee.

53E-1-202(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Public Education Appropriations Subcommittee:

the State Superintendent’s Annual Report by the state board described in Section 53E-1-203; the report described in Section 53E-10-703 by the Utah Leading through Effective, Actionable, and Dynamic Education director on research and other activities; and the report by the STEM Action Center Board described in Section 9-22-109, including the information described in Section 9-22-113 on the status of the computer science initiative. 53E-1-202(2) In accordance with applicable provisions, the Public Education Appropriations Subcommittee shall complete, if required, the study described in Section 53F-4-304 of scholarship payments.

53E-1-202.1 - Report to the Public Education Appropriations Subcommittee on the Carson Smith Opportunity Scholarship Program.

53E-1-202.1(1) Beginning in 2021, the State Board of Education shall, in accordance with Section 68-3-14, annually submit the report described in Section 53E-7-404 to the Public Education Appropriations Subcommittee. 53E-1-202.1(2) This section supersedes any conflicting provisions of Utah law.

53E-1-203 - State Superintendent’s Annual Report.

53E-1-203(1) The state board shall prepare and submit to the governor, the Education Interim Committee, and the Public Education Appropriations Subcommittee, by January 15 of each year, an annual written report known as the State Superintendent’s Annual Report that includes:the operations, activities, programs, and services of the state board;subject to Subsection (4)(b), all reports listed in Subsection (4)(a); anddata on the general condition of the schools with recommendations considered desirable for specific programs, including:a complete statement of fund balances;a complete statement of revenues by fund and source;a complete statement of adjusted expenditures by fund, the status of bonded indebtedness, the cost of new school plants, and school levies;a complete statement of state funds allocated to each school district and charter school by source, including supplemental appropriations, and a complete statement of expenditures by each school district and charter school, including supplemental appropriations, by function and object as outlined in the United States Department of Education publication “Financial Accounting for Local and State School Systems”;a statement that includes data on:fall enrollments;average membership;high school graduates;all employees, including data reported by school districts on educator ratings described in Section 53G-11-511;pupil-teacher ratios;average class sizes;average salaries;applicable private school data; anddata from statewide assessments described in Section 53E-4-301 for each school and school district;statistical information for each school district and charter school regarding:student attendance by grade level;the percentage of students chronically absent;the percentage of student excused absences; andthe percentage of student unexcused absences;statistical information regarding incidents of delinquent activity in the schools, at school-related activities, on school buses, and at school bus stops; andother statistical and financial information about the school system that the state superintendent considers pertinent. 53E-1-203(2) For the purposes of Subsection (1)(c)(v):the pupil-teacher ratio for a school shall be calculated by dividing the number of students enrolled in a school by the number of full-time equivalent teachers assigned to the school, including regular classroom teachers, school-based specialists, and special education teachers;the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of the schools within a school district;the pupil-teacher ratio for charter schools aggregated shall be the median pupil-teacher ratio of charter schools in the state; andthe pupil-teacher ratio for the state’s public schools aggregated shall be the median pupil-teacher ratio of public schools in the state.The report shall:include the pupil-teacher ratio for:each school district;the charter schools aggregated; andthe state’s public schools aggregated; andidentify a website where pupil-teacher ratios for each school in the state may be accessed. 53E-1-203(3) For each operation, activity, program, or service provided by the state board, the annual report shall include:a description of the operation, activity, program, or service;data and metrics:selected and used by the state board to measure progress, performance, effectiveness, and scope of the operation, activity, program, or service, including summary data; andthat are consistent and comparable for each state operation, activity, program, or service;budget data, including the amount and source of funding, expenses, and allocation of full-time employees for the operation, activity, program, or service;historical data from previous years for comparison with data reported under Subsections (3)(b) and (c);goals, challenges, and achievements related to the operation, activity, program, or service;relevant federal and state statutory references and requirements;contact information of officials knowledgeable and responsible for each operation, activity, program, or service; andother information determined by the state board that:may be needed, useful, or of historical significance; orpromotes accountability and transparency for each operation, activity, program, or service with the public and elected officials. 53E-1-203(4) Except as provided in Subsection (4)(b), the annual report shall also include:the report described in Section 53E-3-507 by the state board on career and technical education needs and program access;the report described in Section 53E-3-515 by the state board on the Hospitality and Tourism Management Career and Technical Education Pilot Program;the report described in Section 53E-3-516 by the state board on certain incidents that occur on school grounds;the report described in Section 53E-4-202 by the state board on the development and implementation of the core standards for Utah public schools;the report described in Section 53E-5-310 by the state board on school turnaround and leadership development;the report described in Section 53E-10-308 by the state board and Utah Board of Higher Education on student participation in the concurrent enrollment program;the report described in Section 53F-5-506 by the state board on information related to personalized, competency-based learning;the report described in Section 53G-8-203 by the state board on LEAs’ policies and procedures related to physical restraint and interventions; andthe report described in Section 53G-9-802 by the state board on dropout prevention and recovery services.The Education Interim Committee or the Public Education Appropriations Subcommittee may request a report described in Subsection (4)(a) to be reported separately from the State Superintendent’s Annual Report. 53E-1-203(5) The annual report shall be designed to provide clear, accurate, and accessible information to the public, the governor, and the Legislature. 53E-1-203(6) The state board shall:submit the annual report in accordance with Section 68-3-14; andmake the annual report, and previous annual reports, accessible to the public by placing a link to the reports on the state board’s website. 53E-1-203(7) Upon request of the Education Interim Committee or Public Education Appropriations Subcommittee, the state board shall present the State Superintendent’s Annual Report to either committee.After submitting the State Superintendent’s Annual Report in accordance with this section, the state board may supplement the report at a later time with updated data, information, or other materials as necessary or upon request by the governor, the Education Interim Committee, or the Public Education Appropriations Subcommittee.

53E-1-204 - State board report to Education Interim Committee on statutory requirements impacted by assessment waivers.

53E-1-204(1) As used in this section, “assessment waiver” means the waiver of assessments described in Section 53E-4-315. 53E-1-204(2) On or before the Education Interim Committee’s October 2020 meeting, the state board shall submit a written or oral report to the Education Interim Committee that:

identifies the statutory requirements, including programs, reports, evaluations, and accountability measures, impacted by the assessment waiver; and describes how each statutory requirement described in Subsection (2)(a)(i) is impacted by the assessment waiver; describes the data which the state board:

has not collected or will not collect because of the assessment waiver; and has collected or will collect despite the assessment waiver; and if the state board has collected or will collect data that it will not publish or report, explains why the state board will not publish or report the data; identifies the statutory requirements with which the state board or an LEA has not fully complied or will not fully comply because of the assessment waiver; describes the extent to which the state board or an LEA has complied or will comply with statutory requirements described in Subsection (2)(c); and explains why the state board or an LEA has not fully complied or will not fully comply with the requirements described in Subsection (2)(c). 53E-1-204(3) Notwithstanding anything to the contrary in Utah law, submission of the written or oral report described in Subsection (2) fulfills a statutory requirement:

that the state board addresses in accordance with Subsection (2); and with which the state board or an LEA has not fully complied as described in Subsection (2)(c). 53E-1-204(4) This section supersedes any conflicting provisions of Utah law.

53E-1-205 - Reporting impact analysis.

53E-1-205(1) As used in this section, “proposed report” means a report that:

an LEA is required to prepare or submit to the state board; a rule proposed by the state board requires; and is not required by federal law, Utah Code, or another state entity. 53E-1-205(2) The state board shall establish a policy or procedures to evaluate the impact a proposed report may have on reporting requirements for an LEA. 53E-1-205(3) The impact described in Subsection (2) may include:

the estimated cost to an LEA associated with the proposed report; the estimated time an LEA administrator will spend preparing the proposed report; and any disproportionate impact the proposed report may have on an LEA because of the LEA’s size, location, or other factors.

53E-1-206 - State board report on intergenerational poverty mitigation.

53E-1-206(1) As used in this section:

“Cycle of poverty” means the same as that term is defined in Section 35A-9-102. “Intergenerational poverty” means the same as that term is defined in Section 35A-9-102. 53E-1-206(2) On or before October 1 of each year, the state board shall provide an annual report to the Department of Workforce Services for inclusion in the intergenerational poverty report described in Section 35A-9-202. 53E-1-206(3) The report shall:

describe policies, procedures, and programs that the state board has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty; and contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty.