53E-3 - State Board of Education Organization, Powers, and Duties

Title 53E > 53E-3

Sections (86)

General Provisions

53E-3-101 - Title.

This chapter is known as “State Board of Education Organization, Powers, and Duties.”

Organization

53E-3-201 - State board members — Election and appointment of officers — Removal from office.

53E-3-201(1) Members of the state board shall be nominated and elected as provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards. 53E-3-201(2) The state board shall elect from its members a chair, and at least one vice chair, but no more than three vice chairs, every other year at a meeting held any time between November 15 and January 15. 53E-3-201(3) If the election of officers is held subsequent to the election of a new member of the state board, but prior to the time that the new member takes office, the new member shall assume the position of the outgoing member for purposes of the election of officers. In all other matters the outgoing member shall retain the full authority of the office until replaced as provided by law. 53E-3-201(4) The duties of these officers shall be determined by the state board. 53E-3-201(5) The state board shall appoint a secretary who serves at the pleasure of the state board. 53E-3-201(6) An officer appointed or elected by the state board under this section may be removed from office for cause by a vote of two-thirds of the state board.

53E-3-202 - Compensation for members of the state board — Insurance — Per diem and expenses.

53E-3-202(1) The salary for a member of the state board is set in accordance with Section 36-2-3. 53E-3-202(2) Compensation for a member of the state board is payable monthly. 53E-3-202(3) A state board member may participate in any group insurance plan provided to employees of the state board as part of the state board member’s compensation on the same basis as required for employee participation. 53E-3-202(4) In addition to the provisions of Subsections (1) and (3), a state board member may receive per diem and travel expenses in accordance with:

Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

53E-3-203 - State board meetings — Quorum requirements.

53E-3-203(1) The state board shall meet at the call of the chairman and at least 11 times each year. 53E-3-203(2) A majority of all members is required to validate an act of the state board.

53E-3-204 - Gross neglect of duty — Nonpayment of salary or expenses.

53E-3-204(1) Failure of a member of the state board or of an LEA governing board to carry out responsibilities assigned by law or to comply with rules of the state board is gross neglect of duty. 53E-3-204(2) Salary or expenses shall not be paid for work which violates rules of the state board.

State Superintendent

53E-3-301 - Appointment — Qualifications — Duties.

53E-3-301(1) The state board shall appoint a state superintendent of public instruction, who is the executive officer of the state board and serves at the pleasure of the state board.The state board shall appoint the state superintendent on the basis of outstanding professional qualifications.The state superintendent shall administer all programs assigned to the state board in accordance with the policies and the standards established by the state board. 53E-3-301(2) The state board shall, with the state superintendent, develop a statewide education strategy focusing on core academics, including the development of:core standards for Utah public schools and graduation requirements;a process to select model instructional materials that best correlate with the core standards for Utah public schools and graduation requirements that are supported by generally accepted scientific standards of evidence;professional development programs for teachers, superintendents, and principals;model remediation programs;a model method for creating individual student learning targets, and a method of measuring an individual student’s performance toward those targets;progress-based assessments for ongoing performance evaluations of school districts and schools;incentives to achieve the desired outcome of individual student progress in core academics that do not create disincentives for setting high goals for the students;an annual report card for school and school district performance, measuring learning and reporting progress-based assessments;a systematic method to encourage innovation in schools and school districts as each strives to achieve improvement in performance; anda method for identifying and sharing best demonstrated practices across school districts and schools. 53E-3-301(3) The state superintendent shall perform duties assigned by the state board, including:investigating all matters pertaining to the public schools;adopting and keeping an official seal to authenticate the state superintendent’s official acts;holding and conducting meetings, seminars, and conferences on educational topics;collecting and organizing education data into an automated decision support system to facilitate school district and school improvement planning, accountability reporting, performance recognition, and the evaluation of educational policy and program effectiveness to include:data that are:comparable across schools and school districts;appropriate for use in longitudinal studies; andcomprehensive with regard to the data elements required under applicable state or federal law or state board rule;features that enable users, most particularly school administrators, teachers, and parents, to:retrieve school and school district level data electronically;interpret the data visually; anddraw conclusions that are statistically valid; andprocedures for the collection and management of education data that:require the state superintendent to:collaborate with school districts and charter schools in designing and implementing uniform data standards and definitions;undertake or sponsor research to implement improved methods for analyzing education data;provide for data security to prevent unauthorized access to or contamination of the data; andprotect the confidentiality of data under state and federal privacy laws; andrequire all school districts and schools to comply with the data collection and management procedures established under this Subsection (3)(d);administering and implementing federal educational programs in accordance with Part 8, Implementing Federal or National Education Programs; andwith the approval of the state board, preparing and submitting to the governor a budget for the state board to be included in the budget that the governor submits to the Legislature. 53E-3-301(4) Upon leaving office, the state superintendent shall deliver to the state superintendent’s successor all books, records, documents, maps, reports, papers, and other articles pertaining to the state superintendent’s office.

53E-3-302 - Compensation of state superintendent — Other state board employees.

53E-3-302(1) The state board shall establish the compensation of the state superintendent. 53E-3-302(2) The state board may, as necessary for the proper administration and supervision of the public school system:

appoint other employees; and delegate appropriate duties and responsibilities to state board employees. 53E-3-302(3) The compensation and duties of state board employees shall be established by the state board and paid from money appropriated for that purpose.

53E-3-303 - Advice by state superintendent — Written opinions.

53E-3-303(1) The state superintendent shall advise superintendents, LEA governing boards, and other school officers upon all matters involving the welfare of the schools. 53E-3-303(2) The state superintendent shall, when requested by district superintendents or other school officers, provide written opinions on questions of public education, administrative policy, and procedure, but not upon questions of law. 53E-3-303(3) Upon request by the state superintendent, the attorney general shall issue written opinions on questions of law. 53E-3-303(4) Opinions issued under this section shall be considered to be correct and final unless set aside by a court of competent jurisdiction or by subsequent legislation.

Powers

53E-3-401 - Powers of the state board — Adoption of rules — Enforcement — Attorney.

53E-3-401(1) As used in this section:“Education entity” means:an entity that receives a distribution of state funds through a grant program managed by the state board under this public education code; an entity that enters into a contract with the state board to provide an educational good or service;a school district;a charter school; ora regional education service agency, as that term is defined in Section 53G-4-410. “Educational good or service” means a good or service that is required or regulated under:this public education code; ora rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and authorized under this public education code. 53E-3-401(2) The state board has general control and supervision of the state’s public education system.”General control and supervision” as used in Utah Constitution, Article X, Section 3, means directed to the whole system. 53E-3-401(3) The state board may not govern, manage, or operate school districts, institutions, and programs, unless granted that authority by statute. 53E-3-401(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board may make rules to execute the state board’s duties and responsibilities under the Utah Constitution and state law.The state board may delegate the state board’s statutory duties and responsibilities to state board employees. 53E-3-401(5) The state board may sell any interest it holds in real property upon a finding by the state board that the property interest is surplus.The state board may use the money it receives from a sale under Subsection (5)(a) for capital improvements, equipment, or materials, but not for personnel or ongoing costs.If the property interest under Subsection (5)(a) was held for the benefit of an agency or institution administered by the state board, the money may only be used for purposes related to the agency or institution.The state board shall advise the Legislature of any sale under Subsection (5)(a) and related matters during the next following session of the Legislature. 53E-3-401(6) The state board shall develop policies and procedures related to federal educational programs in accordance with Part 8, Implementing Federal or National Education Programs. 53E-3-401(7) On or before December 31, 2010, the state board shall review mandates or requirements provided for in state board rule to determine whether certain mandates or requirements could be waived to remove funding pressures on public schools on a temporary basis. 53E-3-401(8) The state board shall provide procedures for addressing and resolving compliance and monitoring issues related to this public education code, federal law, or rules, including:creating methods to review and investigate alleged compliance issues;creating clear procedures for corrective action plans;allowing for an appeals process; andaddressing contractual and non-contractual issues.If an education entity violates this public education code or rules authorized under this public education code, the state board may, in accordance with the rules described in Subsection (8)(d):require the education entity to enter into a corrective action agreement with the state board;temporarily or permanently withhold state funds from the education entity;require the education entity to pay a penalty;require the education entity to reimburse specified state funds to the state board;require additional reporting or monitoring;refer the complaint, evidence, and findings to the attorney general’s office or the relevant district attorney’s office;require the education entity to hire a third-party provider to provide services the state board determines necessary;require reimbursement from the education entity instead of future allocations from the state board;require a follow-up investigation;refer the violation and corresponding evidence to the state auditor or the legislative auditor general, if the violation relates to finances;request additional evidence of compliance; ortake other action the state board deems appropriate.Except for temporarily withheld funds, if the state board collects state funds under Subsection (8)(b), the state board shall pay the funds into the Uniform School Fund.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:that require notice and an opportunity to be heard for an education entity affected by a state board action described in Subsection (8)(b); andto administer this Subsection (8).An individual may bring a violation of statute or state board rule to the attention of the state board in accordance with a process described in rule adopted by the state board.If the state board identifies a violation of statute or state board rule as a result of the process described in Subsection (8)(e)(i), the state board may take action in accordance with this section. 53E-3-401(9) The state board may audit the use of state funds by an education entity that receives those state funds as a distribution from the state board. 53E-3-401(10) The state board may require, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for an educational good or service, the LEA shall require in the contract that the third party contractor shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:this public education code; andstate board rule authorized under this public education code. 53E-3-401(11) The state board may appoint an attorney to provide legal advice to the state board and coordinate legal affairs for the state board and the state board’s employees.An attorney described in Subsection (11)(a) shall cooperate with the Office of the Attorney General.An attorney described in Subsection (11)(a) may not:conduct litigation;settle claims covered by the Risk Management Fund created in Section 63A-4-201; orissue formal legal opinions. 53E-3-401(12) The state board shall ensure that any training or certification that an employee of the public education system is required to complete under this title or by rule complies with Title 63G, Chapter 22, State Training and Certification Requirements.

53E-3-402 - Acceptance of gifts, endowments, devises, and bequests.

53E-3-402(1) The state board, on its own behalf or on behalf of an educational institution for which the state board is the direct governing body, may accept private grants, loans, gifts, endowments, devises, or bequests which are made for educational purposes. 53E-3-402(2) These contributions are not subject to appropriation by the Legislature.

53E-3-403 - Establishment of public education foundations — Powers and duties — Tax exempt status.

53E-3-403(1) The state board, a local school board, or the Utah Schools for the Deaf and the Blind may establish foundations to:

assist in the development and implementation of programs to promote educational excellence; and assist in the accomplishment of other education-related objectives. 53E-3-403(2) A foundation established under Subsection (1):

may solicit and receive contributions from private enterprises for the purpose of this section; shall comply with Title 51, Chapter 7, State Money Management Act, and rules made under the act; has no power or authority to incur contractual obligations or liabilities that constitute a claim against public funds except as provided in this section; may not exercise executive, administrative, or rulemaking authority over the programs described in this section, except to the extent specifically authorized by the responsible school board; is exempt from all taxes levied by the state or any of its political subdivisions with respect to activities conducted under this section; may participate in the Risk Management Fund under Section 63A-4-204; shall provide a school with information detailing transactions and balances of funds managed for that school; shall, for foundation accounts from which money is distributed to schools, provide all the schools within a school district information that: details account transactions; and shows available balances in the accounts; and may not: engage in lobbying activities; attempt to influence legislation; or participate in any campaign activity for or against:

a political candidate; or an initiative, referendum, proposed constitutional amendment, bond, or any other ballot proposition submitted to the voters. 53E-3-403(3) A local school board that establishes a foundation under Subsection (1) shall:

require the foundation to: use the school district’s accounting system; or follow written accounting policies established by the local school board; review and approve the foundation’s accounting, purchasing, and check issuance policies to ensure that there is an adequate separation of responsibilities; and approve procedures to verify that issued foundation payments have been properly approved.

Miscellaneous Duties

53E-3-501 - State board to establish miscellaneous minimum standards for public schools.

53E-3-501(1) The state board shall establish rules and minimum standards for the public schools that are consistent with this public education code, including rules and minimum standards governing the following:the qualification and certification of educators and ancillary personnel who provide direct student services;required school administrative and supervisory services; andthe evaluation of instructional personnel;access to programs;attendance;competency levels;graduation requirements; anddiscipline and control;school accreditation;the academic year;alternative and pilot programs;curriculum and instruction requirements; andschool libraries;services to:persons with a disability as defined by and covered under:the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); andthe Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); andother special groups;state reimbursed bus routes;bus safety and operational requirements; andother transportation needs;school productivity and cost effectiveness measures;federal programs;school budget formats; andfinancial, statistical, and student accounting requirements; anddata collection and reporting by LEAs. 53E-3-501(2) Except as provided in Subsection (3), the state board shall determine if:the minimum standards have been met; andrequired reports are properly submitted. 53E-3-501(3) When the state board makes a request of an LEA under Subsection (1)(f) or (g), the state board shall include:the justification for the requested information;a statement confirming that the information is not available elsewhere;a deadline by which the LEA must provide the information in accordance with state board rule; andpenalties, including withholding of funds, for non-compliance in accordance with state and federal law. 53E-3-501(4) The state board may apply for, receive, administer, and distribute to eligible applicants funds made available through programs of the federal government. 53E-3-501(5) A technical college listed in Section 53H-3-1202 shall provide competency-based career and technical education courses that fulfill high school graduation requirements, as requested and authorized by the state board.A school district may grant a high school diploma to a student participating in a course described in Subsection (5)(a) that is provided by a technical college listed in Section 53H-3-1202. 53E-3-501(6) As used in this Subsection (6), “generally accepted accounting principles” means a common framework of accounting rules and standards for financial reporting promulgated by the Governmental Accounting Standards Board.Subject to Subsections (6)(c) and (d), the state board shall ensure the rules and standards described in Subsections (1)(f) and (g) allow for an LEA to make adjustments to the LEA’s general entry ledger, in accordance with generally accepted accounting principles, to accurately reflect the LEA’s use of funds for allowable costs and activities:during a fiscal year; andat the close of a fiscal year.If the state board determines under Subsection (2) that an LEA has not met the minimum standards described in Subsection (1)(f) or (g) or has not properly submitted a required report, the state board shall allow the LEA an opportunity to cure the relevant defect through an adjustment described in Subsection (6)(b).An LEA may not, in an adjustment described in Subsection (6)(b), reflect the use of restricted federal or state funds for a cost or activity that is not an allowable cost or activity for the restricted funds. 53E-3-501(7) As used in this Subsection (7):“Comparable course” means a course that fulfills the same graduation credit requirements as a course for which a student seeks to improve a grade.”Comparable course” does not include a course a student completes through the packet method.”Grade replacement” means credit a student earns by retaking a teacher-led course for a letter grade to improve a previous grade, which:may raise the student’s grade point average if the new grade is higher; andreplaces the lower grade on the student’s transcript.”Original credit” means credit a student earns through the successful completion of a course for the first time.”Packet” means a collection of instructional materials and assessments used to receive credit through the packet method.”Packet method” means an educational approach where:a high school student receives a collection of instructional materials from an institution, organization, or LEA;the high school student works through the materials independently with minimal or no direct instruction from a teacher; andassessment is primarily based on completion of assignments within the instructional materials.”Replacement credit” means a pass-fail credit a student earns for a course the student did not pass or complete, which:does not affect the student’s grade point average; andallows the student to fulfill high school graduation requirements.An LEA may award a grade for original credit or replacement credit through the packet method if the packet adheres to the standards prescribed in state board rule and:the LEA approves the packet for use as an instructional material in accordance with:Subsection 53G-4-402(27) for a district school; orSection 53G-5-404 for a charter school; orthe state board recommends the packet after going through the state instructional materials process described in Title 53E, Chapter 4, Part 4, State Instructional Materials.An LEA may not use the packet method, or classify a packet as original credit, to improve a previous course grade of a high school student as described in Subsection (7)(d).A high school student may improve a grade through grade replacement by:repeating a course one or more times; orenrolling in and completing a comparable course that is teacher-led.The state board shall:in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules or policies that:establish standards for the use of the packet method to award original credit and replacement credit;include alignment with core standards the state board establishes under Sections 53E-3-501 and 53E-4-202; andmaintain a comprehensive list of state board approved packets in the state board’s Recommended Instructional Materials System on the state board’s website; andreport annually to the Education Interim Committee the number of students in each LEA who receive academic credit through the packet method.An LEA shall:assign a distinct course name and number for credit earned through the packet method to easily identify the use of the packet method on a student transcript; andtrack and record the number of packets an LEA uses to award original credit or replacement credit each school year.

53E-3-502 - State Board of Education assistance to districts and schools.

In order to assist school districts and individual schools in acquiring and maintaining the characteristics set forth in Section 53E-2-302 , the State Board of Education shall: 53E-3-502(1) provide the framework for an education system, including core competency standards and their assessment, in which school districts and public schools permit students to advance by demonstrating competency in subject matter and mastery of skills; 53E-3-502(2) conduct a statewide public awareness program on competency-based educational systems; 53E-3-502(3) compile and publish, for the state as a whole, a set of educational performance indicators describing trends in student performance; 53E-3-502(4) promote a public education climate of high expectations and academic excellence; 53E-3-502(5) disseminate successful site-based decision-making models to districts and schools and provide teacher professional development opportunities and evaluation programs for site-based plans consistent with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b); 53E-3-502(6) provide a mechanism for widespread dissemination of information about strategic planning for public education, including involvement of business and industry in the education process, in order to ensure the understanding and support of all the individuals and groups concerned with the mission of public education as outlined in Section 53E-2-301; 53E-3-502(7) provide for a research and development clearing house at the state level to receive and share with school districts and public schools information on effective and innovative practices and programs in education; 53E-3-502(8) help school districts develop and implement guidelines, strategies, and professional development programs for administrators and teachers consistent with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b) focused on improving interaction with parents and promoting greater parental involvement in the public schools; and 53E-3-502(9) in concert with the Utah Board of Higher Education and the state’s colleges of education review and revise teacher licensing requirements to be consistent with teacher preparation for participation in personalized education programs within the public schools.

53E-3-503 - Education of individuals in custody of or receiving services from certain state agencies — Establishment of coordinating council — Advisory councils.

53E-3-503(1) The state board is directly responsible for the education of all individuals who are:younger than 21 years old; oreligible for special education services as described in Chapter 7, Part 2, Special Education Program; andreceiving services from the Department of Health and Human Services;in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; orbeing held in a juvenile detention facility.The state board shall:make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to provide for the distribution of funds for the education of individuals described in Subsection (1)(a); andexpend funds appropriated for the education of youth in care in the following order of priority:for students in a facility described in Subsection (1)(a)(ii) who are not included in an LEA’s average daily membership; andfor students in a facility described in Subsection (1)(a)(ii) who are included in an LEA’s average daily membership and who may benefit from additional educational support services.Subject to future budget constraints, the amount appropriated for the education of youth in care under this section shall increase annually based on the following:the percentage of enrollment growth of students in kindergarten through grade 12; andchanges to the value of the weighted pupil unit as defined in Section 53F-4-301. 53E-3-503(2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the primary purpose of obtaining access to education programs provided for youth in care. 53E-3-503(3) The state board shall, where feasible, contract with school districts or other appropriate agencies to provide educational, administrative, and supportive services, but the state board shall retain responsibility for the programs. 53E-3-503(4) The Legislature shall establish and maintain separate education budget categories for youth in care or who are under the jurisdiction of the following state agencies:detention centers and the Divisions of Juvenile Justice and Youth Services and Child and Family Services;the Office of Substance Use and Mental Health; andthe Division of Services for People with Disabilities. 53E-3-503(5) The Department of Health and Human Services and the state board shall appoint a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines for the education and treatment of persons in the custody of the Division of Juvenile Justice and Youth Services and the Division of Child and Family Services.The Department of Health and Human Services and the state board may appoint similar councils for those in the custody of the Office of Substance Use and Mental Health or the Division of Services for People with Disabilities. 53E-3-503(6) A school district contracting to provide services under Subsection (3) shall establish an advisory council to plan, coordinate, and review education and treatment programs for individuals held in custody in the district.

53E-3-504 - Child literacy program — Coordinated activities.

53E-3-504(1) The state board, through the state superintendent, shall provide for a public service campaign to educate parents on the importance of providing their children with opportunities to develop emerging literacy skills through a statewide “Read to Me” program. 53E-3-504(2) The state board shall coordinate its activities under this section with other state and community entities that are engaged in child literacy programs in order to maximize its efforts and resources, including the Utah Commission on National and Community Service.

53E-3-505 - Financial and economic literacy education.

53E-3-505(1) As used in this section:“Financial and economic activities” include activities related to the topics listed in Subsection (1)(b).”Financial and economic literacy concepts” include concepts related to the following topics:basic budgeting;saving and financial investments;banking and financial services, including balancing a checkbook or a bank account and online banking services;career management, including earning an income;rights and responsibilities of renting or buying a home;retirement planning;loans and borrowing money, including interest, credit card debt, predatory lending, and payday loans;insurance;federal, state, and local taxes;charitable giving;identity fraud and theft;negative financial consequences of gambling;bankruptcy;economic systems, including a description of:a command system such as socialism or communism, a market system such as capitalism, and a mixed system; andhistoric and current examples of the effects of each economic system on economic growth;supply and demand;monetary and fiscal policy;effective business plan creation, including using economic analysis in creating a plan;scarcity and choices;opportunity cost and tradeoffs;productivity;entrepreneurism; andeconomic reasoning.”General financial literacy course” means the course of instruction administered by the state board under Subsection (3). 53E-3-505(2) The state board shall:more fully integrate existing and new financial and economic literacy education into instruction in kindergarten through grade 12 by:coordinating financial and economic literacy instruction with existing instruction in other areas of the core standards for Utah public schools, such as mathematics and social studies;using curriculum mapping;creating training materials and staff development programs that:highlight areas of potential coordination between financial and economic literacy education and other core standards for Utah public schools concepts; anddemonstrate specific examples of financial and economic literacy concepts as a way of teaching other core standards for Utah public schools concepts; andusing appropriate financial and economic literacy assessments to improve financial and economic literacy education and, if necessary, developing assessments;work with interested public, private, and nonprofit entities to:identify, and make available to teachers, online resources for financial and economic literacy education, including modules with interactive activities and turnkey instructor resources;coordinate school use of existing financial and economic literacy education resources;develop simple, clear, and consistent messaging to reinforce and link existing financial literacy resources;coordinate the efforts of school, work, private, nonprofit, and other financial education providers in implementing methods of appropriately communicating to teachers, students, and parents key financial and economic literacy messages; andencourage parents and students to establish higher education savings, including a Utah Educational Savings Plan account;in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to develop guidelines and methods for school districts and charter schools to more fully integrate financial and economic literacy education into other core standards for Utah public schools courses; andin cooperation with school districts, charter schools, and interested private and nonprofit entities, provide opportunities for professional development in financial and economic literacy concepts to teachers, including:a statewide learning community for financial and economic literacy;summer workshops; andonline videos of experts in the field of financial and economic literacy education. 53E-3-505(3) The state board shall:administer a general financial literacy course in the same manner that the state board administers other core standards for Utah public school courses for grades 9 through 12;adopt standards and objectives for the general financial literacy course that address:financial and economic literacy concepts;the costs of going to college, student loans, scholarships, and the Free Application for Federal Student Aid;financial benefits of pursuing concurrent enrollment as defined in Section 53E-10-301; andtechnology that relates to banking, savings, and financial products; andcontract with a provider, through a request for proposals process, to develop an online, end-of-course assessment for the general financial literacy course;require a school district or charter school to administer an online, end-of-course assessment to a student who takes the general financial literacy course; anddevelop a plan, through the state superintendent, to analyze the results of an online, end-of-course assessment in general financial literacy that includes:an analysis of assessment results by standard; andaverage scores statewide and by school district and school. 53E-3-505(4) The state board shall establish a task force to study and make recommendations to the state board on how to improve financial and economic literacy education in the public school system.The task force membership shall include representatives of:the state board;school districts and charter schools;the Utah System of Higher Education; andprivate or public entities that teach financial education and share a commitment to empower individuals and families to achieve economic stability, opportunity, and upward mobility.The state board shall convene the task force at least once every three years to review and recommend adjustments to the standards and objectives of the general financial literacy course.

53E-3-506 - Educational program on the use of information technology.

53E-3-506(1) The state board shall provide for an educational program on the use of information technology, which shall be offered by high schools. 53E-3-506(2) An educational program on the use of information technology shall:

provide instruction on skills and competencies essential for the workplace and requested by employers; include the following components: a curriculum; online access to the curriculum; instructional software for classroom and student use; certification of skills and competencies most frequently requested by employers; professional development for teachers; and deployment and program support, including integration with existing core standards for Utah public schools; and be made available to high school students, faculty, and staff.

53E-3-507 - Powers of the state board.

The state board: 53E-3-507(1) shall establish minimum standards for career and technical education programs in the public education system; 53E-3-507(2) may apply for, receive, administer, and distribute funds made available through programs of federal and state governments to promote and aid career and technical education; 53E-3-507(3) shall cooperate with federal and state governments to administer programs that promote and maintain career and technical education; 53E-3-507(4) shall cooperate with the Utah Board of Higher Education, technical colleges, and degree-granting institutions that provide technical education described in Section 53H-3-608 to ensure that students in the public education system have access to career and technical education at technical colleges and degree-granting institutions that provide technical education described in Section 53H-3-608; 53E-3-507(5) shall require that before a minor student may participate in clinical experiences as part of a health care occupation program at a high school or other institution to which the student has been referred, the student’s parent has:been first given written notice through appropriate disclosure when registering and prior to participation that the program contains a clinical experience segment in which the student will observe and perform specific health care procedures that may include personal care, patient bathing, and bathroom assistance; andprovided specific written consent for the student’s participation in the program and clinical experience; 53E-3-507(6) shall, after consulting with school districts, charter schools, the Utah Board of Higher Education, technical colleges, and degree-granting institutions that provide technical education described in Section 53H-3-608, prepare and submit an annual report in accordance with Section 53E-1-203 detailing:how the career and technical education needs of secondary students are being met; andthe access secondary students have to programs offered:at technical colleges; andwithin the regions served by degree-granting institutions that provide technical education described in Section 53H-3-608; and 53E-3-507(7) when the Office of the Legislative Fiscal Analyst requests information from the board related to a fiscal note for a proposed bill, shall report to the Office of the Legislative Fiscal Analyst, in addition to the other information requested, whether the proposed bill will impact the reporting requirements for local education agencies and if so:whether the impact increases or decreases the reporting requirements;whether the change in requirements is high, medium, or low; andthe effect of the change in requirements on the amount and quality of information available to taxpayers, parents, and legislators.

53E-3-507.1 - Catalyst Center Grant Program.

53E-3-507.1(1) As used in this section:“Catalyst center” means a program or facility operated by an LEA that:provides learning experiences and instruction that replicate professional environments and workplace practices, including experiences obtained through the Utah First Credential program described in Section 53E-10-310;provides profession-based learning experiences by partnering with local industry, business, and community organizations to develop and implement student projects that address specific needs or objectives identified by those partners;aligns programs with high-skill, high-demand career pathways and postsecondary education opportunities;incorporates industry-standard tools, technologies, and methods into instruction and student work;prioritizes student activities and profession-based learning projects to build durable professional skills aligned with industry standards and needs;facilitates mentorship and participation by industry professionals to guide a student and evaluate the student’s work;includes an advisory board composed of industry, postsecondary, and community representatives to review program direction and ensure alignment with workforce needs; andestablishes programs or activities that address gaps in training or resources within the local or regional workforce.”Director” means the employee described in Subsection (3).”LEA” means:a school district;charter school; orthe Utah Schools for the Deaf and the Blind.”Program” means the Catalyst Center Grant Program created in this section. 53E-3-507.1(2) Subject to legislative appropriation as described in Section 53F-9-204, the state board shall establish the Catalyst Center Grant Program to provide funding to an LEA to create or expand an existing catalyst center. 53E-3-507.1(3) The state board shall hire a director to oversee the program who:has demonstrated abilities in:developing and implementing innovative initiatives that transform traditional education delivery models;establishing public-private partnership frameworks that create student pathways into high-growth industries; andscaling programs that integrate real-world experiences directly into educational environments;possesses expertise in:managing complex multi-stakeholder initiatives across education, industry, and government sectors;implementing data-driven organizational change strategies; anddeveloping sustainable funding models for innovative education programs;maintains active leadership roles in:state or national workforce innovation organizations;industry associations focused on talent development; andpublic-private collaboratives addressing workforce transformation;reports directly to the state superintendent or a deputy superintendent to ensure appropriate program oversight and cross-departmental coordination while maintaining distinct program objectives and outcomes;establishes formal collaboration mechanisms with the state board’s career and technical education director to align catalyst center initiatives with existing career and technical education programs; andfacilitates training and a collaborative network of experienced catalyst center administrators and instructors across all participating LEAs. 53E-3-507.1(4) The director:shall:administer the program;collaborate with the director of career and technical education to align the program with the career and technical education standards described in Section 53E-3-507;create a web-based application system to streamline submissions and allow for linked supporting documentation;ensure that grant funds are used in accordance with this section; andallow grant funds to be used for planning, including:feasibility studies;stakeholder engagement;labor market analysis;initial program design and rollout; andteacher and staff training specific to the delivery of profession-based learning; andmay collaborate with the Utah System of Higher Education and the First Credential Oversight Committee established in Section 53E-10-310. 53E-3-507.1(5) An LEA applying for a grant shall demonstrate capacity for workforce alignment programs within the LEA or provide a plan to establish or enhance alignment by:describing current or planned efforts to align programming with labor market needs and local industry demands;outlining steps to establish or enhance partnerships with:local industries and employers to ensure workforce relevance; ortechnical colleges, degree-granting institutions, or other postsecondary entities to support postsecondary transitions for students;identifying proposed programming goals and how the goals address gaps in regional workforce training or opportunities; andas the LEA determines relevant, planning to incorporate:career and technical student organizations;advisory boards with representation from local industries and workforce experts;professional learning opportunities for instructors to improve workforce-focused skills; andstrategies for using labor market data to refine and improve program offerings. 53E-3-507.1(6) An LEA may apply for a grant by submitting an application to the state board.The application shall include:a plan to:create or expand one or more catalyst centers; orcreate or expand current career and technical education offerings within the LEA to bring the LEA’s career and technical education offerings in alignment with the definition of a catalyst center in Subsection (1);a detailed multi-year budget, identifying proposed expenditures for each year of the grant;justification for any capital expenditures, including plans for building use;a description of how the grant will be used to improve student outcomes, including:increased access to career pathway offerings;measurable improvements in career readiness, including certifications, credentials, or apprenticeships;increased offerings that advance students’ progression toward postsecondary education or advanced training; andplans for enhanced student engagement through real-world, profession-based learning;evidence of any existing partnerships with industry, including letters of collaboration;evidence of alignment with the LEA’s strategic plan and local labor market needs;an explanation of how awarded funds will be used without unnecessary carryforward;as applicable, a description of how the catalyst center programming will align with or enhance programs funded by the weighted pupil unit add-on described in Section 53F-2-311;for applications submitted by a consortium of LEAs, a description of how:the catalyst center will serve students across the consortium;costs and resources will be shared; andeconomies of scale will be achieved; anda description of any proposed planning activities, including expected timelines and outcomes. 53E-3-507.1(7) The director shall:prioritize an LEA that:proposes innovative programming supported by local labor market data;collaborates with local postsecondary institutions and industry;demonstrates the ability to sustain the catalyst center after the grant period;demonstrates a strong focus on student outcomes and workforce alignment;addresses gaps in high-demand, high-skill career pathways;ensures funds are used to enhance programming quality before expansion; andprovides for a large number of students to participate in catalyst center programs without limiting participation to students based on socio-economic challenges;allow an LEA to apply for:smaller grants to bring existing career and technical education programs to high-quality standards the state board establishes;larger multi-year grants for capital expenditures and program expansion; andensure that grant funding does not duplicate existing resources provided by other state or local entities;consider the unique challenges and opportunities faced by rural LEAs in developing and sustaining a career and technical education program or catalyst center, including:encouraging collaborative applications from rural consortia or regional education service agencies described in Section 53G-4-410 to maximize resources and impact; andgrant awards that consider both rural and non-rural applicants, recognizing regional workforce needs and program readiness; andallow an LEA to propose a catalyst center collocated on the campus of an institution of higher education if the application includes evidence of an agreement between the LEA and the institution of higher education. 53E-3-507.1(8) An LEA that receives a grant:may coordinate and collaborate with the Utah Board of Higher Education or an individual institution of higher education; andshall submit an annual report to the state board.The report shall include:the use of grant funds;progress in meeting proposed goals and benchmarks;updates on partnerships with industry and postsecondary institutions;a demonstration of the alignment of programming with labor market data; anda description of student participation and outcomes.The state board shall ensure that awarded funds:are used in accordance with an LEA’s application; andthat are not used are returned for reallocation.Upon request, the director shall submit a report on the program to the Education Interim Committee and the Public Education Appropriations Subcommittee. 53E-3-507.1(9) The Talent Ready Utah Program described in Section 53H-13-303 and the Utah Leading through Effective, Actionable, and Dynamic Education established in Section 53E-10-702, shall collaborate with the state board to develop and execute a marketing and outreach plan for the Catalyst Center Grant Program. 53E-3-507.1(10) Talent Ready Utah and the Utah Leading through Effective, Actionable, and Dynamic Education shall:execute the marketing and outreach plan described in Subsection (9); andsubmit an annual report to the state board that includes:the number of LEAs reached through marketing efforts;a description of outreach activities and events conducted; andfeedback from LEAs regarding program accessibility and clarity. 53E-3-507.1(11) The state board:may provide up to 1% of the funds appropriated by the Legislature as described in Section 53F-9-204 to administer the program;in fiscal year 2026, shall provide up to 1% of the funds appropriated by the Legislature as described in Section 53F-9-204 to Talent Ready Utah and the Utah Leading through Effective, Actionable, and Dynamic Education for the purposes described in Subsections (9) and (10); andshall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this Subsection (11).

53E-3-508 - Rulemaking — Standards for high quality programs operating outside of the regular school day.

53E-3-508(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall, in consultation with the Department of Workforce Services, make rules that describe the standards for a high quality program operating outside of the regular school day:

for elementary or secondary students; and offered by a: school district; charter school; private provider, including a non-profit provider; or municipality. 53E-3-508(2) The standards described in Subsection (1) shall specify that a high quality program operating outside of the regular school day:

provides a safe, healthy, and nurturing environment for all participants; develops and maintains positive relationships among staff, participants, families, schools, and communities; encourages participants to learn new skills; and is effectively administered.

53E-3-509 - Gang prevention and intervention policies.

53E-3-509(1) The state board shall adopt rules that require a local school board or charter school governing board to enact gang prevention and intervention policies for all schools within the state board’s jurisdiction. The rules described in Subsection (1)(a) shall provide that the gang prevention and intervention policies of a local school board or charter school governing board may include provisions that reflect the individual school district’s or charter school’s unique needs or circumstances. 53E-3-509(2) The rules described in Subsection (1) may include the following provisions:

school faculty and personnel shall report suspected gang activities relating to the school and its students to a school administrator and law enforcement; a student who participates in gang activities may be excluded from participation in extracurricular activities, including interscholastic athletics, as determined by the school administration after consultation with law enforcement; gang-related graffiti or damage to school property shall result in parent notification and appropriate administrative and law enforcement actions, which may include obtaining restitution from those responsible for the damage; if a serious gang-related incident, as determined by the school administrator in consultation with local law enforcement, occurs on school property, at school related activities, or on a site that is normally considered to be under school control, notification shall be provided to parents of students in the school: informing them, in general terms, about the incident, but removing all personally identifiable information about students from the notice; emphasizing the school’s concern for safety; and outlining the action taken at the school regarding the incident; school faculty and personnel shall be trained by experienced evidence based trainers that may include community gang specialists and law enforcement as part of comprehensive strategies to recognize early warning signs for youth in trouble and help students resist serious involvement in undesirable activity, including joining gangs or mimicking gang behavior; prohibitions on the following behavior: advocating or promoting a gang or any gang-related activities; marking school property, books, or school work with gang names, slogans, or signs; conducting gang initiations; threatening another person with bodily injury or inflicting bodily injury on another in connection with a gang or gang-related activity; aiding or abetting an activity described under Subsections (2)(f)(i) through (iv) by a person’s presence or support; displaying or wearing common gang apparel, common dress, or identifying signs or symbols on one’s clothing, person, or personal property that is disruptive to the school environment; and communicating in any method, including verbal, non-verbal, and electronic means, designed to convey gang membership or affiliation. 53E-3-509(3) The rules described in Subsection (1) may require a local school board or charter school governing board to publicize the policies enacted by the local school board or charter school governing board in accordance with the rules described in Subsection (1) to all students, parents, and faculty through school websites, handbooks, letters to parents, or other reasonable means of communication. 53E-3-509(4) The state board may consult with appropriate committees, including committees that provide opportunities for the input of parents, law enforcement, and community agencies, as it develops, enacts, and administers the rules described in Subsection (1).

53E-3-510 - Control of school meals program revenues — Apportionment — Costs.

53E-3-510(1) School meals program revenues shall be under the control of the state board and may only be disbursed, transferred, or drawn upon by the state board’s order. The school meals program revenues may only be used to provide school meals and a school meals program in the state’s LEAs in accordance with standards established by the state board. 53E-3-510(2) The state board shall apportion the school meals program revenues according to the number of school children receiving school meals in each LEA. The state board and LEA governing boards shall employ staff to administer and supervise the school meals program and purchase supplies and equipment. 53E-3-510(3) The costs of the school meals program shall be included in the state board’s annual budget.

53E-3-511 - Student Achievement Backpack — Utah Student Record Store.

53E-3-511(1) As used in this section:

“Authorized LEA user” means a teacher or other person who is: employed by an LEA that provides instruction to a student; and authorized to access data in a Student Achievement Backpack through the Utah Student Record Store. “Statewide assessment” means the same as that term is defined in Section 53E-4-301. “Student Achievement Backpack” means, for a student from kindergarten through grade 12, a complete learner profile that: is in electronic format; follows the student from grade to grade and school to school; and is accessible by the student’s parent or an authorized LEA user. “Utah Student Record Store” means a repository of student data collected from LEAs as part of the state’s longitudinal data system that is: managed by the state board; cloud-based; and accessible via a web browser to authorized LEA users. 53E-3-511(2) The state board shall use the state board’s robust, comprehensive data collection system, which collects longitudinal student transcript data from LEAs and the unique student identifiers as described in Section 53E-4-308, to allow the following to access a student’s Student Achievement Backpack: the student’s parent; and each LEA that provides instruction to the student. The state board shall ensure that a Student Achievement Backpack: provides a uniform, transparent reporting mechanism for individual student progress; provides a complete learner history for postsecondary planning; provides a teacher with visibility into a student’s complete learner profile to better inform instruction and personalize education; assists a teacher or administrator in diagnosing a student’s learning needs through the use of data already collected by the state board; facilitates a student’s parent taking an active role in the student’s education by simplifying access to the student’s complete learner profile; and serves as additional disaster mitigation for LEAs by using a cloud-based data storage and collection system. 53E-3-511(3) Using existing information collected and stored in the state board’s data warehouse, the state board shall create the Utah Student Record Store where an authorized LEA user may:

access data in a Student Achievement Backpack relevant to the user’s LEA or school; or request student records to be transferred from one LEA to another. 53E-3-511(4) The state board shall implement security measures to ensure that:

student data stored or transmitted to or from the Utah Student Record Store is secure and confidential pursuant to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; an authorized LEA user may only access student data that is relevant to the user’s LEA or school; and except as provided in Section 53E-9-308, an authorized LEA user shares only aggregate or de-identified data. 53E-3-511(5) A student’s parent may request the student’s Student Achievement Backpack from the LEA or the school in which the student is enrolled. 53E-3-511(6) An authorized LEA user may access student data in a Student Achievement Backpack, which shall include the following data, or request that the data be transferred from one LEA to another:

student demographics; course grades; course history; and results of a statewide assessment. 53E-3-511(7) An authorized LEA user may access student data in a Student Achievement Backpack, which shall include the data listed in Subsections (6)(a) through (d) and the following data, or request that the data be transferred from one LEA to another:

section attendance; the name of a student’s teacher for classes or courses the student takes; teacher qualifications for a student’s teacher, including years of experience, degree, license, and endorsement; results of statewide assessments; a student’s writing sample that is written for a writing assessment administered pursuant to Section 53E-4-303; student growth scores on a statewide assessment, as applicable; a school’s performance as reported in accordance with Chapter 5, Part 2, School Accountability System; results of benchmark assessments of reading administered pursuant to Section 53E-4-307; and a student’s reading level at the end of grade 3. 53E-3-511(8) No later than July 1, 2024, the state board shall ensure that data collected in the Utah Student Record Store for a Student Achievement Backpack is integrated into each LEA’s student information system and is made available to a student’s parent and an authorized LEA user in an easily accessible viewing format.

53E-3-512 - State board rules establishing basic ethical conduct standards — Local school board policies.

53E-3-512(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish basic ethical conduct standards for public education employees who provide education-related services outside of their regular employment to their current or prospective public school students. 53E-3-512(2) The rules shall provide that a local school board may adopt policies implementing the standards and addressing circumstances present in the district.

53E-3-513 - Parental permission required for specified in-home programs — Exceptions.

53E-3-513(1) The state board, local school boards, school districts, and public schools are prohibited from requiring infant or preschool in-home literacy or other educational or parenting programs without obtaining parental permission in each individual case. 53E-3-513(2) This section does not prohibit the Division of Child and Family Services, within the Department of Human Services, from providing or arranging for family preservation or other statutorily provided services in accordance with Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, or any other in-home services that have been court ordered, in accordance with Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.

53E-3-515 - Hospitality and Tourism Management Career and Technical Education Pilot Program.

53E-3-515(1) As used in this section: “Local education agency” means a school district or charter school. “Pilot program” means the Hospitality and Tourism Management Career and Technical Education Pilot Program created under Subsection (2). 53E-3-515(2) There is created a Hospitality and Tourism Management Career and Technical Education Pilot Program to provide instruction that a local education agency may offer to a student in any of grades 9 through 12 on:

the information and skills required for operational level employee positions in hospitality and tourism management, including: hospitality soft skills; operational areas of the hospitality industry; sales and marketing; and safety and security; and the leadership and managerial responsibilities, knowledge, and skills required by an entry-level leader in hospitality and tourism management, including: hospitality leadership skills; operational leadership; managing food and beverage operations; and managing business operations. 53E-3-515(3) The instruction described in Subsection (2) may be delivered in a public school using live instruction, video, or online materials. 53E-3-515(4) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall select one or more providers to supply materials and curriculum for the pilot program. The state board may seek recommendations from trade associations and other entities that have expertise in hospitality and tourism management regarding potential providers of materials and curriculum for the pilot program. 53E-3-515(5) A local education agency may apply to the state board to participate in the pilot program. The state board shall select participants in the pilot program. A local education agency that participates in the pilot program shall use the materials and curriculum supplied by a provider selected under Subsection (4). 53E-3-515(6) The state board shall evaluate the pilot program and provide an annual written report in accordance with Section 53E-1-203 and to the Economic Development and Workforce Services Interim Committee on or before October 1 describing:

how many local education agencies and how many students are participating in the pilot program; and any recommended changes to the pilot program.

53E-3-516 - School disciplinary and law enforcement action report — Rulemaking authority.

53E-3-516(1) As used in this section:“Dangerous weapon” means a firearm or an object that in the manner of the object’s use or intended use is capable of causing death or serious bodily injury to an individual.”Law enforcement action” means a significant law enforcement interaction with a minor.”Law enforcement action” includes the following actions against a minor:a search and seizure;an arrest;the issuance of a citation;the filing of a delinquency petition, indictment, or criminal information;a referral to the juvenile court; oruse of force by a law enforcement officer.”Law enforcement agency” means the same as that term is defined in Section 77-7a-103.”Law enforcement officer” means the same as that term is defined in Section 53-13-103.”Minor” means the same as that term is defined in Section 80-1-102.”School disciplinary action” means an action by a public school to formally discipline a student of that public school.”School disciplinary action” includes a suspension or an expulsion.”School is in session” means the hours of a day during which a public school conducts instruction for which student attendance is counted toward calculating average daily membership.”School-sponsored activity” means an activity, fundraising event, club, camp, clinic, or other event or activity that is authorized by a specific public school, according to LEA governing board policy, and satisfies at least one of the following conditions:the activity is managed or supervised by a school district, public school, or public school employee;the activity uses the school district or public school facilities, equipment, or other school resources; orthe activity is supported or subsidized, more than inconsequentially, by public funds, including the public school’s activity funds or Minimum School Program dollars.”School-sponsored activity” includes preparation for and involvement in a public performance, contest, athletic competition, demonstration, display, or club activity.” School resource officer” means the same as that term is defined in Section 53G-8-701. 53E-3-516(2) The state board shall develop an annual report regarding the following incidents that occur on school grounds while school is in session or during a school-sponsored activity:school disciplinary actions;minors found in possession of a dangerous weapon; andlaw enforcement actions. 53E-3-516(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with the state board and LEAs to provide and validate data and information necessary to complete the report described in Subsection (2), as requested by an LEA or the state board. 53E-3-516(4) The report described in Subsection (2) shall include the following information listed separately for each school in an LEA:the number of law enforcement actions, including the following information for each incident:the reason for the law enforcement action; andthe type of law enforcement action used;the number of school disciplinary actions, including the following information for each incident:the reason for the school disciplinary action; the type of school disciplinary action;the number of suspensions imposed;the average length of suspensions;the number of days of instruction lost due to suspensions; andthe number of expulsions;the number of school resource officers employed;if applicable, the demographics of an individual student who is subject to, as the following are defined in Section 53G-9-601, student bullying, hazing, cyber-bullying, or retaliation; andthe number of minors found in possession of a dangerous weapon on school grounds while school is in session or during a school-sponsored activity. 53E-3-516(5) The report described in Subsection (2) shall include the following information, in aggregate, for each element described in Subsections (4)(a) and (b):age;grade level;race;sex; disability status; andyouth in care designation. 53E-3-516(6) Information included in the annual report described in Subsection (2) shall comply with:Chapter 9, Part 3, Student Data Protection;Chapter 9, Part 2, Student Privacy; andthe Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h. 53E-3-516(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to compile the report described in Subsection (2). 53E-3-516(8) The state board shall provide the report described in Subsection (2):in accordance with Section 53E-1-203 for incidents that occurred during the previous school year; andto the State Commission on Criminal and Juvenile Justice before January 15 of each year for incidents that occurred during the previous school year.After submitting the report in accordance with this section, the state board shall supplement the report to the State Commission on Criminal and Juvenile Justice with updated data and information within 30 days after the day on which the state board receives the updated data and information.

53E-3-517 - Educator credential database.

53E-3-517(1) As used in this section: “Educator” means the same as that term is defined in Section 53E-6-102. “Educator credential database” means a database used by the state board that: contains educator credential information and LEA information; and is used by the state board to determine funding distribution. 53E-3-517(2) Before July 1, 2020, the state board shall ensure that a technical limitation of the educator credential database does not prevent an educator from accepting employment at more than one LEA.

53E-3-518 - Utah school information management system — Local education agency requirements.

53E-3-518(1) As used in this section:“LEA data system” or “LEA’s data system” means a data system that:is developed, selected, or relied upon by an LEA; andthe LEA uses to collect data or submit data to the state board related to:student information;educator information;financial information; orother information requested by the state board.”LEA financial information system” or “LEA’s financial information system” means an LEA data system used for financial information.”Parent” means the same as that term is defined in Section 53G-6-201.”Utah school information management system” or “information management system” means the state board’s data collection and reporting system described in this section.”User” means an individual who has authorized access to the information management system. 53E-3-518(2) On or before July 1, 2024, the state board shall have in place an information management system that meets the requirements described in this section. 53E-3-518(3) The state board shall ensure that the information management system:interfaces with: an LEA’s data systems that meet the requirements described in Subsection (7);where appropriate, the systems described in Subsections 53-10-302(7) and (8);the public safety portal described in Section 63A-16-1002; andserves as the mechanism for the state board to collect and report on all data that LEAs submit to the state board related to:student information;educator information;financial information; andother information requested by the state board;includes a web-based user interface through which a user may:enter data;view data; andgenerate customizable reports;includes a data warehouse and other hardware or software necessary to store or process data submitted by an LEA;provides for data privacy, including by complying with Chapter 9, Student Privacy and Data Protection;restricts user access based on each user’s role; andmeets requirements related to a student achievement backpack described in Section 53E-3-511. 53E-3-518(4) On or before January 31, 2026, the state board shall:ensure the information management system described in this section allows for the transfer of a student’s transcript, current IEP, or Section 504 accommodation plan, including the tracking of necessary accommodations and services between:different LEA student information systems; andan authorized online course provider and a primary LEA; andensure the transfer capability described in Subsection (4)(a) is available for the same use within the operating system the state board uses for the Statewide Online Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online Education Program. 53E-3-518(5) The state board shall establish the restrictions on user access described in Subsection (3)(f). 53E-3-518(6) The state board shall make rules that establish the required capabilities for an LEA financial information system.In establishing the required capabilities for an LEA financial information system, the state board shall consider metrics and capabilities requested by the state treasurer or state auditor. 53E-3-518(7) On or before July 1, 2024, an LEA shall ensure that:all of the LEA’s data systems:meet the data standards established by the state board in accordance with Section 53E-3-501;are fully compatible with the state board’s information management system; andmeet specification standards determined by the state board; andthe LEA’s financial information system meets the requirements described in Subsection (6).An LEA shall ensure that an LEA data system purchased or developed on or after May 14, 2019, will be compatible with the information management system when the information management system is fully operational. 53E-3-518(8) Subject to appropriations and Subsection (8)(b), the state board may use an appropriation under this section to help an LEA meet the requirements in the rules described in Subsection (6) by:providing to the LEA funding for implementation and sustainment of the LEA financial information system, either through:awarding a grant to the LEA; orproviding a reimbursement to the LEA; orin accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a financial information system on behalf of an LEA for the LEA to use as the LEA’s financial information system.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules describing:how an LEA may apply to the state board for the assistance described in Subsection (8)(a); andcriteria for the state board to provide the assistance to an LEA. 53E-3-518(9) Beginning July 1, 2024, the state board may take action against an LEA that is out of compliance with a requirement described in Subsection (7) until the LEA complies with the requirement.An action described in Subsection (9)(a) may include the state board withholding funds from the LEA. 53E-3-518(10) For purposes of this Subsection (10), “education record” means the same as that term is defined in 20 U.S.C. Sec. 1232g.The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a procedure under which:a parent may submit information as part of the education records for the parent’s student;the information submitted by the parent is maintained as part of the education records for the parent’s student;information submitted by the parent and maintained as part of the education records for the parent’s student may be removed at the request of the parent; anda parent has access only to the education records of the parent’s student in accordance with Subsection (10)(d).The rules made under this Subsection (10) shall allow a parent to submit or remove information submitted by the parent under this Subsection (10) at least annually, including at the time of:registering a student in a school; orchanging the school in which a student attends.Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g, and related regulations, the state board shall provide a parent access to an education record concerning the parent’s student.The state board shall create in the information management system a record tracking interoperability of education records described in this Subsection (10) when a student is transitioning between schools or between LEAs.

53E-3-521 - Requirements for early mathematics plan.

The state board shall make rules to: 53E-3-521(1) define the components of the early mathematics plan that a local school board or charter school governing board is required to submit under Section 53G-7-218 for mathematics proficiency improvement, including the following four categories:

conceptual understanding; procedural fluency; strategic and adaptive mathematical thinking; and productive disposition; and 53E-3-521(2) establish a state-wide target using data from the mathematics benchmark assessment, described in Section 53E-4-307.5, for local growth goals described in Section 53G-7-218 regarding mathematics.

53E-3-522 - Substance abuse prevention in public school programs.

Except as provided in Section 53F-2-525 , the state board shall provide for: 53E-3-522(1) substance abuse prevention and education; 53E-3-522(2) substance abuse prevention training for teachers and administrators; and 53E-3-522(3) district and school programs to supplement, not supplant, existing local prevention efforts in cooperation with local substance abuse authorities.

53E-3-523 - State board to review reporting requirements.

53E-3-523(1) As used in this section, “required report” means a report that statute or state board rule requires an LEA or the state board to make. 53E-3-523(2) The state board shall work with LEAs to develop a process to review required reports. The process described in Subsection (2)(a) shall include the following considerations for each required report: the required report’s purpose; and the report’s effectiveness in accomplishing the report’s purpose; which entity requires the required report; which entity created the report requirements; which entity or individual reviews the required report; whether the information in the required report is otherwise available or could be obtained another way; whether the required report is the least burdensome way to collect the information in the required report; whether accountability or transparency could be achieved through a means other than the required report; whether and how the Utah Schools Information Management System affects the required report; the estimated time and cost required to complete the required report for:

an LEA; or the state board; and the amount of appropriated program funding available for program purposes after program money is expended for completing a required report for the program. 53E-3-523(3) After reviewing required reports as described in Subsection (2), the state board may make recommendations for legislation to the Legislature.

53E-3-524 - Newcomer student and foreign exchange student transcript repository.

53E-3-524(1) As used in this section:

“Newcomer student” means a student who: is three through 21 years old; was not born in any state; and has not attended one or more schools in one or more states for more than three full academic years. “Qualified social service provider” means a social service provider that works directly with a student’s family. “Repository” means the online transcript repository described in Subsection (2). “Social service provider” means: one of the following professionals, licensed to practice under Section 58-60-205:

a clinical social worker; a certified social worker; or a social service worker; or staff employed to provide direct support to a professional described in Subsection (1)(d)(i). “State” means: a state of the United States; the District of Columbia; or the Commonwealth of Puerto Rico. “Student” means an individual who is enrolled in: a public school within the state of Utah; and any grade from kindergarten through grade 12. “Transcript” means documentation of a newcomer student’s or foreign exchange student’s prior educational experience. “Transcript” includes oral representations about prior educational experience that a school or an LEA documents. 53E-3-524(2) On or before July 1, 2024, the state board shall establish and maintain, as part of the Utah school information management system described in Section 53E-3-518, an online repository for transcripts. 53E-3-524(3) The state board shall:

ensure that the repository provides a central location for: an LEA to upload transcripts; and LEAs and qualified service providers to share information regarding transcripts, including:

best practices for linguistic interpretation; interpretation of educational experiences; and placement of newcomer students; ensure that use of the repository: is voluntary; and complies with all state and federal student privacy requirements, including: Title 53E, Chapter 9, Student Privacy and Data Protection; and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; provide the repository at no cost to LEAs; provide access to the repository to qualified social service providers; establish appropriate access protocols in coordination with LEAs and qualified social service providers; and annually, before the school enrollment period begins, provide notice of the repository to interested parties that the state board designates in state board rule. 53E-3-524(4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section, including rules:

establishing procedures: to protect student data related to the repository in compliance with Title 53E, Chapter 9, Student Privacy and Data Protection; and for the use of the repository by the state board, LEAs, and qualified social service providers; requiring repository users to enter into a data sharing agreement; and designating the interested parties described in Subsection (3)(f).

53E-3-525 - State board transparency.

53E-3-525(1) Beginning January 1, 2027, the state board shall:publish on the state board’s website a record of each vote by the state board, including:the date, time, and place of the meeting;the subject of the vote;the names of state board members present and absent;the result of the vote, including each board member’s individual vote; andthe audio or video associated with the vote;distribute a contract the state board intends to consider at a meeting to each state board member at least five days before the date on which the meeting is scheduled to occur;ensure the information described in Subsection (1)(a) is accessible through a single click from the state board’s home webpage; andpost the information required by Subsection (1)(a) within seven business days after a vote. 53E-3-525(2) In accordance with Title 36, Chapter 35, Rules Review and General Oversight Committee, the Rules Review and General Oversight Committee may request a report from the state board detailing the:implementation of the requirements of this section; andthe state board’s compliance with the requirements of this section.

53E-3-526 - Student data systems and reporting study.

53E-3-526(1) As used in this section:“Advisory committee” means the Data Systems and Reporting Advisory Committee created in Subsection (3).”Data retention schedule” means a schedule for maintaining and disposing of student data in accordance with Section 63G-2-604.”Legacy system” means a student information system that:was implemented before May 1, 2025; andmay require manual data transmission to the state board in varying formats.”Manual data transmission” means a process that requires LEA staff to:extract data from a student information system;modify the data format; ormanually enter data into a separate system.”Reporting requirement” means any obligation that requires an LEA to submit data or information to the state board or another governmental entity established in:statute;state board rule; orstate board policy.”Student information system” means a computer database that:provides the functions described in Section 53E-3-518; andmaintains student records and data over time.”Student personally identifiable information” means student data that:identifies a student; oris used by the holder to identify a student as defined in Section 53E-9-301.”System modification” means a change to a student information system required or caused by:statutory amendments;administrative rule changes; orstate board policy updates. 53E-3-526(2) The state board shall:conduct a comprehensive study of LEA data practices, systems, and reporting;coordinate with the advisory committee throughout the study process;seek input from relevant stakeholders, including:school district superintendents;charter school administrators;LEA technology directors;LEA student data managers;the Utah School Boards Association;the Utah Association of Public Charter Schools;student information system vendors; andother parties the state board determines necessary; andestablish working groups as needed to examine specific study components. 53E-3-526(3) The state board shall create a Data Systems and Reporting Advisory Committee that:includes representatives from:urban school districts;rural school districts;charter schools;the state board;the Department of Administrative Services with expertise in regulations related to government records; andother stakeholders as determined by the state board;provides guidance on study scope and methodology;reviews preliminary findings and recommendations;meets at least quarterly during the study period; andassists in preparing the final report. 53E-3-526(4) The advisory committee shall ensure the study of student data retention examines:types of student personally identifiable information collected by LEAs, including:information required by federal law;information required by state law;information required by administrative rule;optional information collected by an LEA; andretention requirements for each type;methods used by LEAs to:store student personally identifiable information;secure stored data;control access to data;maintain data quality;track data retention schedules; anddispose of outdated data;compliance with:retention schedules under Section 63G-2-604;privacy requirements under Chapter 9, Student Privacy and Data Protection;security standards established by the state board; andfederal privacy laws;potential requirements for:annual data audits;regular purging of non-essential data;standardized retention schedules; anddata disposal verification; andfiscal and operational impacts of recommended changes. 53E-3-526(5) The advisory committee shall ensure the study of student information systems examines:current LEA expenditures for:system licensing;hosting services;technical support;staff training;data extraction;custom programming; andsystem modifications;staff time required for:manual data transmission;data validation;error correction;report generation; andsystem maintenance;frequency and cost of system modifications required by:legislative changes;rule updates; andnew data requests;capabilities and limitations of:current LEA systems;the state board system under Section 53E-3-518; andpotential alternative solutions;examples of statewide student information systems in other states;analysis of:total statewide spending on individual LEA systems;projected costs of a single statewide system;potential savings from consolidation;implementation challenges; andtransition requirements; andrecommendations for improving system efficiency and cost-effectiveness. 53E-3-526(6) The advisory committee shall ensure the study of reporting requirements examines:existing reporting obligations, including:statutory reports;administrative rule reports;grant-required reports;federal reports; andother regular data submissions;for each identified requirement:legal basis;intended purpose;current uses;submission frequency;required data elements;collection burden; andcontinued relevance;potential criteria for:evaluating reporting necessity;consolidating similar reports;eliminating obsolete requirements; andsunsetting provisions;methods to:track reporting obligations;evaluate requirement impacts;coordinate review processes; andimplement sunset procedures;processes for:annual reporting review;sunset recommendations;requirement reauthorization; andstakeholder input; andproposed structures for:managing reporting requirements;implementing sunset provisions; andmaintaining transparency. 53E-3-526(7) On or before September 15, 2025, the state board shall:prepare a report that includes:study findings related to student information systems as described in Subsection (5);stakeholder input related to student information systems;fiscal impacts;implementation considerations; andspecific recommendations for:student information system improvements;statutory changes related to student information systems;rule modifications related to student information systems; andimplementation timelines; andpresent the report to the Education Interim Committee. 53E-3-526(8) On or before September 15, 2026, the state board shall:prepare a report that includes:study findings related to:student data retention as described in Subsection (4); andreporting requirements as described in Subsection (6);stakeholder input related to these components;fiscal impacts;implementation considerations; andspecific recommendations for:data retention policies;reporting requirement management;statutory changes related to these components;rule modifications related to these components; andimplementation timelines; andpresent the report to the Education Interim Committee. 53E-3-526(9) The Education Interim Committee shall:review the state board reports described in Subsections (7) and (8);accept public testimony on the recommendations;evaluate implementation requirements; andconsider whether to recommend legislation for:the 2026 General Session based on the report described in Subsection (7); andthe 2027 General Session based on the report described in Subsection (8).

Audits

53E-3-601 - Definitions.

53E-3-602 - Auditors appointed — Auditing standards.

53E-3-602(1) Procedures utilized by auditors employed by local school boards shall meet or exceed generally accepted auditing standards approved by the state board and the state auditor. 53E-3-602(2) The standards must include financial accounting for both revenue and expenditures, and student accounting.

53E-3-603 - State board to verify audits.

The state board is responsible for verifying audits of financial and student accounting records of school districts for purposes of determining the allocation of Uniform School Fund money.

School Construction

53E-3-701 - Definitions.

53E-3-702 - State board to adopt public school construction guidelines.

53E-3-702(1) As used in this section, “public school construction” means construction work on a new public school. 53E-3-702(2) The state board shall:adopt guidelines for public school construction; andconsult with the Division of Facilities Construction and Management Administration and the state security chief appointed under Section 53-22-102 on proposed guidelines before adoption.The state board shall ensure that guidelines adopted under Subsection (2)(a)(i) maximize funds used for public school construction and reflect efficient and economic use of those funds, including adopting guidelines that address a school’s safety and a school’s essential needs rather than encouraging or endorsing excessive costs per square foot of construction or nonessential facilities, design, or furnishings. 53E-3-702(3) Before a school district or charter school may begin public school construction, the school district or charter school shall:review the guidelines adopted by the state board under this section; andtake into consideration the guidelines when planning the public school construction. 53E-3-702(4) In adopting the guidelines for public school construction, the state board shall consider the following and adopt alternative guidelines as needed:location factors, including whether the school is in a rural or urban setting, and climate factors;variations in guidelines for significant or minimal projected student population growth;guidelines specific to schools that serve various populations and grades, including high schools, junior high schools, middle schools, elementary schools, alternative schools, and schools for people with disabilities; andyear-round use. 53E-3-702(5) The guidelines shall address the following:square footage per student;minimum and maximum required real property for a public school;athletic facilities and fields, playgrounds, and hard surface play areas;necessary specifications to meet the safety standards created by the state security chief in Section 53E-3-706;cost per square foot;minimum and maximum qualities and costs for building materials;design efficiency;parking;furnishing;proof of compliance with applicable building codes; andsafety.

53E-3-703 - Construction and alteration of schools and plants — Advertising for bids — Payment and performance bonds — Contracts — Bidding limitations on local school boards — Interest of local school board members.

53E-3-703(1) As used in this section, the word “sealed” does not preclude acceptance of electronically sealed and submitted bids or proposals in addition to bids or proposals manually sealed and submitted. 53E-3-703(2) Prior to the construction of any school or the alteration of any existing school plant, if the total estimated accumulative building project cost exceeds $80,000, a local school board shall advertise for bids on the project at least 10 days before the bid due date. The advertisement shall state: that proposals for the building project are required to be sealed in accordance with plans and specifications provided by the local school board; where and when the proposals will be opened; that the local school board reserves the right to reject any and all proposals; and that a person that submits a proposal is required to submit a certified check or bid bond, of not less than 5% of the bid in the proposal, to accompany the proposal. The local school board shall publish the advertisement, at a minimum: on the local school board’s website; or on a state website that is:

owned or managed by, or provided under contract with, the Division of Purchasing and General Services; and available for the posting of public procurement notices. 53E-3-703(3) The local school board shall meet at the time and place specified in the advertisement and publicly open and read all received proposals. If satisfactory bids are received, the local school board shall award the contract to the lowest responsible bidder. If none of the proposals are satisfactory, all shall be rejected. The local school board shall again advertise in the manner provided in this section. If, after advertising a second time no satisfactory bid is received, the local school board may proceed under its own direction with the required project. 53E-3-703(4) The check or bond required under Subsection (2)(b) shall be drawn in favor of the local school board. If the successful bidder fails or refuses to enter into the contract and furnish the additional bonds required under this section, then the bidder’s check or bond is forfeited to the district. 53E-3-703(5) A local school board shall require payment and performance bonds of the successful bidder as required in Section 63G-6a-1103. 53E-3-703(6) A local school board may require in the proposed contract that up to 5% of the contract price be withheld until the project is completed and accepted by the local school board. If money is withheld, the local school board shall place it in an interest bearing account, and the interest accrues for the benefit of the contractor and subcontractors. This money shall be paid upon completion of the project and acceptance by the local school board. 53E-3-703(7) A local school board may not bid on projects within the district if the total accumulative estimated cost exceeds $80,000.Thelocalschoolboardmayuseitsresourcesifnosatisfactorybidsarereceivedunderthissection.\ast \ast 53E-3-703(8)\ast \ast IfthelocalschoolboarddeterminesinaccordancewithSection63G-6a-1302touseaconstructionmanager/generalcontractorasitsmethodofconstructioncontractingmanagementonprojectswherethetotalestimatedaccumulativecostexceeds$80,000, it shall select the construction manager/general contractor in accordance with the requirements of Title 63G, Chapter 6a, Utah Procurement Code. 53E-3-703(9) A local school board member may not have a direct or indirect financial interest in the construction project contract.

53E-3-704 - Restrictions on local school district procurement of architect-engineer services.

53E-3-704(1) As used in this section, “architect-engineer services” means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102. 53E-3-704(2) When a local school district elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:

a higher education entity, or any part of one, may not submit a proposal in response to the state agency’s competitive procurement process; and the local school district may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.

53E-3-705 - School plant capital outlay report.

53E-3-706 - Enforcement of part by state superintendent — Employment of personnel — School districts and charter schools — Certificate of inspection verification.

53E-3-706(1) Notwithstanding Subsections (4), (5), and (6), the state superintendent shall enforce this part. 53E-3-706(2) The state superintendent may employ architects or other qualified personnel, or contract with the Division of Facilities Construction and Management, the state fire marshal, the state security chief appointed under Section 53-22-102, or a local governmental entity to:examine the plans and specifications of any school building or alteration submitted under this part;verify the inspection of any school building during or following construction; andperform other functions necessary to ensure compliance with this part. 53E-3-706(3) If a local school board uses the school district’s building inspector under Subsection 10-20-304(6)(a)(ii) or 17-79-305(6)(a)(ii) and issues its own certificate authorizing permanent occupancy of the school building, the local school board shall file a certificate of inspection verification with the local governmental entity’s building official and the state board, advising those entities that the school district has complied with the inspection provisions of this part.If a charter school uses a school district building inspector under Subsection 10-20-304(6)(a)(ii) or 17-79-305(6)(a)(ii) and the school district issues to the charter school a certificate authorizing permanent occupancy of the school building, the charter school shall file with the state board a certificate of inspection verification.If a local school board or charter school uses a local governmental entity’s building inspector under Subsection 10-20-304(6)(a)(i) or 17-79-305(6)(a)(i) and the local governmental entity issues the local school board or charter school a certificate authorizing permanent occupancy of the school building, the local school board or charter school shall file with the state board a certificate of inspection verification.If a local school board or charter school uses an independent, certified building inspector under Subsection 10-20-304(6)(a)(iii) or 17-79-305(6)(a)(iii), the local school board or charter school shall, upon completion of all required inspections of the school building, file with the state board a certificate of inspection verification and a request for the issuance of a certificate authorizing permanent occupancy of the school building.Upon the local school board’s or charter school’s filing of the certificate and request as provided in Subsection (3)(d)(i), the school district or charter school shall be entitled to temporary occupancy of the school building that is the subject of the request for a period of 90 days, beginning the date the request is filed, if the school district or charter school has complied with all applicable fire and life safety code requirements.Within 30 days after the local school board or charter school files a request under Subsection (3)(d)(i) for a certificate authorizing permanent occupancy of the school building, the state superintendent shall:issue to the local school board or charter school a certificate authorizing permanent occupancy of the school building; ordeliver to the local school board or charter school a written notice indicating deficiencies in the school district’s or charter school’s compliance with the inspection provisions of this part; andmail a copy of the certificate authorizing permanent occupancy or the notice of deficiency to the building official of the local governmental entity in which the school building is located.Upon the local school board or charter school remedying the deficiencies indicated in the notice under Subsection (3)(d)(iii)(B) and notifying the state superintendent that the deficiencies have been remedied, the state superintendent shall issue a certificate authorizing permanent occupancy of the school building and mail a copy of the certificate to the building official of the local governmental entity in which the school building is located.The state superintendent may charge the school district or charter school a fee for an inspection that the state superintendent considers necessary to enable the state superintendent to issue a certificate authorizing permanent occupancy of the school building.A fee under Subsection (3)(d)(v)(A) may not exceed the actual cost of performing the inspection.For purposes of this Subsection (3):“local governmental entity” means either a municipality, for a school building located within a municipality, or a county, for a school building located within an unincorporated area in the county; and”certificate of inspection verification” means a standard inspection form developed by the state superintendent in consultation with local school boards and charter schools to verify that inspections by qualified inspectors have occurred. 53E-3-706(4) The state security chief appointed under Section 53-22-102 shall establish:minimum safety and security standards for school construction and design projects, including buildings for private schools;a timeline for an LEA or private school to comply with the safety and security standards for school construction and design project requirements of this Subsection (4); anda process for an LEA or private school to seek alternative safety and security standards established under this Subsection (4). 53E-3-706(5) The county security chief appointed under Section 53-22-103 shall ensure a private school, local school district, or charter school shall adhere to all safety and security standards for a school construction or design project the state security chief creates. 53E-3-706(6) A building inspector described in this part shall coordinate with the relevant county security chief to ensure compliance described in Subsection (5) before issuing a certificate authorizing permanent occupancy for a school.

53E-3-707 - School building construction and inspection manual — Annual construction and inspection conference — Verification of school construction inspections.

53E-3-707(1) The state board, through the state superintendent, shall develop and distribute to each school district a school building construction and inspection resource manual. The manual shall be provided to a charter school upon request of the charter school. 53E-3-707(2) The manual shall include: current legal requirements; and information on school building construction and inspections, including the guidelines adopted by the state board in accordance with Section 53E-3-702. The state superintendent shall review and update the manual at least once every three years. 53E-3-707(3) The state board shall provide for an annual school construction conference to allow a representative from each school district and charter school to:

receive current information on the design, construction, and inspection of school buildings; receive training on such matters as: using properly certified building inspectors; filing construction inspection summary reports and the final inspection certification with the local governmental authority’s building official; the roles and relationships between a school district or charter school and the local governmental authority, either a county or municipality, as related to the construction and inspection of school buildings; and adequate documentation of school building inspections; and provide input on any changes that may be needed to improve the existing school building inspection program. 53E-3-707(4) The state board shall develop a process to verify that inspections by qualified inspectors occur in each school district or charter school.

53E-3-708 - Licensed architect to prepare plans.

A licensed architect shall prepare the plans and specifications for the construction or alteration of school buildings.

53E-3-709 - Power of state board regarding expected federal aid to build schools.

For the purpose of participating in any program of assistance by the government of the United States designed to aid the various states, their political subdivisions and their educational agencies and institutions in providing adequate educational buildings and facilities, the state board, with the approval of the governor, may do the following: 53E-3-709(1) It may develop and implement plans relating to the building of educational buildings for the use and benefit of school districts and educational institutions and agencies of the state. These plans may conform to the requirements of federal legislation to such extent as the state board finds necessary to qualify the state and its educational subdivisions, agencies, and institutions for federal educational building grants-in-aid. 53E-3-709(2) It may enter into agreements on behalf of the state, its school districts, and its educational agencies and institutions with the federal government and its agencies, and with the school districts, educational agencies, and institutions of the state, as necessary to comply with federal legislation and to secure for them rights of participation as necessary to fulfill the educational building needs of the state. 53E-3-709(3) It may accept, allocate, disburse, and otherwise deal with federal funds or other assets that are available for buildings from any federal legislation or program of assistance among the school districts, public educational agencies, and other public institutions eligible to participate in those programs.

53E-3-710 - Notification to affected entities of intent to acquire school site or construction of school building — Local government — Negotiation of fees — Confidentiality.

53E-3-710(1) A school district or charter school shall notify the following without delay before the acquisition of a school site or construction of a school building of the school district’s or charter school’s intent to acquire or construct:an affected local governmental entity;the Department of Transportation; andas defined in Section 54-2-1, an electrical corporation, gas corporation, or telephone corporation that provides service or maintains infrastructure within the immediate area of the proposed site.Representatives of the local governmental entity, Department of Transportation, and the school district or charter school shall meet as soon as possible after the notification under Subsection (1)(a) takes place in order to:subject to Subsection (1)(b)(ii), review information provided by the school district or charter school about the proposed acquisition;discuss concerns that each may have, including potential community impacts and site safety;assess the availability of infrastructure for the site; anddiscuss any fees that might be charged by the local governmental entity in connection with a building project.The school district or charter school shall provide for review under Subsection (1)(b)(i) the following information, if available, regarding the proposed acquisition:potential community impacts;approximate lot size;approximate building size and use;estimated student enrollment;proposals for ingress and egress, parking, and fire lane location; andbuilding footprint and location. 53E-3-710(2) After the purchase or an acquisition, but before construction begins:representatives of the local governmental entity and the school district or charter school shall meet as soon as possible to review a rough proposed site plan provided by the school district or charter school, review the information listed in Subsection (1)(b)(ii), and negotiate any fees that might be charged by the local governmental entity in connection with a building project;the school district or charter school shall submit the rough proposed site plan to the local governmental entity’s design review committee for comments; andsubject to the priority requirement of Subsection 10-20-304(7)(b), the local governmental entity’s design review committee shall provide comments on the rough proposed site plan to the school district or charter school no later than 30 days after the day that the plan is submitted to the design review committee in accordance with this Subsection (2)(a)(ii); andthe local governmental entity may require that the school district or charter school provide a traffic study by an independent third party qualified to perform the study if the local governmental entity determines that traffic flow, congestion, or other traffic concerns may require the study if otherwise permitted under Subsection 10-20-304(3)(b).A review conducted by or comment provided by a local governmental entity design review committee under Subsection (2)(a) may not be interpreted as an action that completes a land use application for the purpose of entitling the school district or charter school to a substantive land use review of a land use application under Section 10-20-902 or 17-79-803. 53E-3-710(3) A local governmental entity may not increase a previously agreed-upon fee after the district or charter school has signed contracts to begin construction. 53E-3-710(4) Before the filing of a formal application by the affected school district or charter school, a local governmental entity may not disclose information obtained from a school district or charter school regarding the district’s or charter school’s consideration of, or intent to, acquire a school site or construct a school building, without first obtaining the consent of the district or charter school. 53E-3-710(5) Before beginning construction on a school site, a school district or charter school shall submit to the Department of Transportation a child access routing plan as described in Section 53G-4-402.

53E-3-711 - Required contract terms.

A contract for the construction of a school building shall contain a clause that addresses the rights of the parties when, after the contract is executed, site conditions are discovered that: 53E-3-711(1) the contractor did not know existed, and could not have reasonably known existed, at the time that the contract was executed; and 53E-3-711(2) materially impacts the costs of construction.

Implementing Federal or National Education Programs

53E-3-801 - Definitions.

As used in this part: 53E-3-801(1) “Cost” means an estimation of state and local money required to implement a federal education agreement or national program. “Cost” does not include capital costs associated with implementing a federal education agreement or national program. 53E-3-801(2) “Education entities” means the entities that may bear the state and local costs of implementing a federal program or national program, including:

the state board; the state superintendent; a local school board; a school district and its schools; a charter school governing board; and a charter school. 53E-3-801(3) “Federal education agreement” means a legally binding document or representation that requires a school official to implement a federal program or set of requirements that originates from the U.S. Department of Education and that has, as a primary focus, an impact on the educational services at a district or charter school. 53E-3-801(4) “Federal programs” include:

the No Child Left Behind Act; the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and other federal educational programs. 53E-3-801(5) “National program” means a national or multi-state education program, agreement, or standards that:

originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact; have, as a primary focus, an impact on the educational services at a public school; and are adopted by the state board or state superintendent with the intent to cause a local school official to implement the national or multi-state education program, agreement, or standards. 53E-3-801(6) “No Child Left Behind Act” means the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. 53E-3-801(7) “School official” includes:

the state board; the state superintendent; employees of the state board and the state superintendent; local school boards; school district superintendents and employees; and charter school governing board members, administrators, and employees.

53E-3-802 - Federal programs — School official duties.

53E-3-802(1) School officials may:

apply for, receive, and administer funds made available through programs of the federal government; only expend federal funds for the purposes for which they are received and are accounted for by the state, school district, or charter school; and reduce or eliminate a program created with or expanded by federal funds to the extent allowed by law when federal funds for that program are subsequently reduced or eliminated. 53E-3-802(2) School officials shall:

prioritize resources, especially to resolve conflicts between federal provisions or between federal and state programs, including: providing first priority to meeting state goals, objectives, program needs, and accountability systems as they relate to federal programs; and subject to Subsection (4), providing second priority to implementing federal goals, objectives, program needs, and accountability systems that do not directly and simultaneously advance state goals, objectives, program needs, and accountability systems; interpret the provisions of federal programs in the best interest of students in this state; maximize local control and flexibility; minimize additional state resources that are diverted to implement federal programs beyond the federal money that is provided to fund the programs; request changes to federal educational programs, especially programs that are underfunded or provide conflicts with other state or federal programs, including: federal statutes; federal regulations; and other federal policies and interpretations of program provisions; and seek waivers from all possible federal statutes, requirements, regulations, and program provisions from federal education officials to: maximize state flexibility in implementing program provisions; and receive reasonable time to comply with federal program provisions. 53E-3-802(3) The requirements of school officials under this part, including the responsibility to lobby federal officials, are not intended to mandate school officials to incur costs or require the hiring of lobbyists, but are intended to be performed in the course of school officials’ normal duties. 53E-3-802(4) As used in this Subsection (4): “Available Income Tax Fund revenue surplus” means the Income Tax Fund revenue surplus after the statutory transfers and set-asides described in Section 63J-1-313. ” Income Tax Fund revenue surplus” means the same as that term is defined in Section 63J-1-313. Before prioritizing the implementation of a future federal goal, objective, program need, or accountability system that does not directly and simultaneously advance a state goal, objective, program need, or accountability system, the state board may: determine the financial impact of failure to implement the federal goal, objective, program need, or accountability system; and if the state board determines that failure to implement the federal goal, objective, program need, or accountability system may result in a financial loss, request that the Legislature mitigate the financial loss. A mitigation requested under Subsection (4)(b)(ii) may include appropriating available Income Tax Fund revenue surplus through an appropriations act, including an appropriations act passed during a special session called by the governor or a general session. This mitigation option is in addition to and does not restrict or conflict with the state’s authority provided in this part.

53E-3-803 - Notice of voidableness of federal education agreements or national programs.

A federal education agreement or national program that may cost education entities more than $500,000 annually from state and local money to implement, that is executed by a school official in violation of this part, is voidable by the governor or the Legislature as provided in this part.

53E-3-804 - Governor to approve federal education agreements or national programs.

53E-3-804(1) Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $500,000 annually from state and local money to implement, a school official shall submit the proposed federal education agreement or national program to the governor for the governor’s approval or rejection. 53E-3-804(2) The governor shall approve or reject each federal education agreement or national program. 53E-3-804(3) If the governor approves the federal education agreement or national program, the school official may execute the agreement. If the governor rejects the federal education agreement or national program, the school official may not execute the agreement. 53E-3-804(4) If a school official executes a federal education agreement or national program without obtaining the governor’s approval under this section, the governor may issue an executive order declaring the federal education agreement or national program void.

53E-3-805 - Legislative review and approval of federal education agreements or national programs.

53E-3-805(1) Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $1,000,000annuallyfromstateandlocalmoneytoimplement,theschoolofficialshall:submittheproposedfederaleducationagreementornationalprogramtothegovernorforthegoverno{r}^{\prime }sapprovalorrejectionasrequiredbySection53E-3-804;andifthegovernorapprovesthefederaleducationagreementornationalprogram,submitthefederaleducationagreementtotheExecutiveAppropriationsCommitteeoftheLegislatureforitsreviewandrecommendations.TheExecutiveAppropriationsCommitteeshallreviewthefederaleducationagreementornationalprogramandmay:recommendthattheschoolofficialexecutethefederaleducationagreementornationalprogram;recommendthattheschoolofficialrejectthefederaleducationagreementornationalprogram;orrecommendtothegovernorthatthegovernorcallaspecialsessionoftheLegislaturetoreviewandapproveorrejectthefederaleducationagreementornationalprogram.\ast \ast 53E-3-805(2)\ast \ast Beforelegallybindingthestatebyexecutingafederaleducationagreementornationalprogramthatmaycosteducationentitiesmorethan$5,000,000 annually to implement, a school official shall: submit the proposed federal education agreement or national program to the governor for the governor’s approval or rejection as required by Section 53E-3-804; and if the governor approves the federal education agreement or national program, submit the federal education agreement or national program to the Legislature for its approval in an annual general session or a special session. If the Legislature approves the federal education agreement or national program, the school official may execute the agreement. If the Legislature rejects the federal education agreement or national program, the school official may not execute the agreement. If a school official executes a federal education agreement or national program without obtaining the Legislature’s approval under this Subsection (2): the governor may issue an executive order declaring the federal education agreement or national program void; or the Legislature may pass a joint resolution declaring the federal education agreement or national program void.

53E-3-806 - Cost evaluation of federal education agreements or national programs.

53E-3-806(1) Before legally binding the state to a federal education agreement or national program that may cost the state a total of $500,000 or more to implement, a school official shall estimate the state and local cost of implementing the federal education agreement or national program and submit that cost estimate to the governor and the Executive Appropriations Committee of the Legislature. 53E-3-806(2) The Executive Appropriations Committee may:

direct its staff to make an independent cost estimate of the cost of implementing the federal education agreement or national program; and affirmatively adopt a cost estimate as the benchmark for determining which authorizations established by this part are necessary.

Interstate Compact on Educational Opportunity for Military Children

53E-3-901 - Title — Interstate Compact on Educational Opportunity for Military Children.

This part is known as the “Interstate Compact on Educational Opportunity for Military Children.”

53E-3-902 - Article I — Purpose.

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: 53E-3-902(1) facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements; 53E-3-902(2) facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment; 53E-3-902(3) facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities; 53E-3-902(4) facilitating the on-time graduation of children of military families; 53E-3-902(5) providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact; 53E-3-902(6) providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact; 53E-3-902(7) promoting coordination between this compact and other compacts affecting military children; and 53E-3-902(8) promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student.

53E-3-903 - Article II — Definitions.

53E-3-903(1) As used in this compact, unless the context clearly requires a different construction:

“Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve. “Children of military families” means a school-aged child, enrolled in Kindergarten through Twelfth grade, in the household of an active duty member. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact. “Deployment” means the period one month prior to the service member’s departure from their home station on military orders through six months after return to their home station. “Education” or “educational records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. “Interstate Commission on Educational Opportunity for Military Children” means the commission that is created in Section 53E-3-910 and generally referred to as Interstate Commission. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth grade public educational institutions. “Member state” means a state that has enacted this compact. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other U.S. Territory. The term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. “Non-member state” means a state that has not enacted this compact. “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Section 53E-3-913 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of a rule promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and includes the amendment, repeal, or suspension of an existing rule. “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other U.S. Territory. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth grade. “Transition” means: the formal and physical process of transferring from school to school; or the period of time in which a student moves from one school in the sending state to another school in the receiving state. “Uniformed services” means the same as that term is defined in Section 68-3-12.5. “Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable. 53E-3-903(2) The definitions described in Section 53E-1-102 do not apply to this compact.

53E-3-904 - Article III — Applicability.

53E-3-904(1) Except as otherwise provided in Subsection (3), this compact shall apply to the children of:

active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve; members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death. 53E-3-904(2) The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. 53E-3-904(3) The provisions of this compact do not apply to the children of:

inactive members of the National Guard and military reserves; members of the uniformed services now retired, except as provided in Subsection (1); and veterans of the uniformed services, except as provided in Subsection (1), and other U.S. Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

53E-3-905 - Article IV — Educational records and enrollment — Immunizations — Grade level entrance.

53E-3-905(1) Unofficial or “hand-carried” education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. 53E-3-905(2) Official education records or transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. 53E-3-905(3) Immunizations. Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. 53E-3-905(4) Kindergarten and First grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including Kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. Students transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

53E-3-906 - Article V — Course placement — Attendance — Special education services — Flexibility — Absences related to deployment.

53E-3-906(1) When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course. 53E-3-906(2) The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to gifted and talented programs and English as a Second Language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. 53E-3-906(3) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student’s current Individualized Education Program (IEP). In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. 53E-3-906(4) Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement, in courses or programs offered under the jurisdiction of the local education agency. 53E-3-906(5) A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

53E-3-907 - Article VI — Eligibility — Enrollment — Extracurricular activities.

53E-3-907(1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. 53E-3-907(2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. 53E-3-907(3) A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the student was enrolled while residing with the custodial parent. 53E-3-907(4) State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

53E-3-908 - Article VII — Graduation — Waiver — Exit exams — Senior year transfers.

In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures: 53E-3-908(1) Local education agency administrative officials shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. 53E-3-908(2) States shall accept:

exit or end-of-course exams required for graduation from the sending state; national norm-referenced achievement tests; or alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in the student’s Senior year, then the provisions of Subsection (3) shall apply. 53E-3-908(3) Should a military student transferring at the beginning or during the student’s Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Subsections (1) and (2).

53E-3-909 - Article VIII — State coordination — Membership of State Council.

53E-3-909(1) Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership shall include at least:

the state superintendent of education; a superintendent of a school district with a high concentration of military children; a representative from a military installation; one representative each from the legislative and executive branches of government; and other offices and stakeholder groups the State Council considers appropriate. 53E-3-909(2) A member state that does not have a school district that contains a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. 53E-3-909(3) The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. 53E-3-909(4) The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed in accordance with Section 53E-3-921. 53E-3-909(5) The compact commissioner and the designated military family education liaison shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

53E-3-910 - Article IX — Creation of Interstate Commission.

53E-3-910(1) The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. 53E-3-910(2) The Interstate Commission shall:

Be a body corporate and joint agency of the member states and have all the responsibilities, powers, and duties set forth in this compact, and any additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. Consist of one Interstate Commission voting representative from each member state who shall be that state’s compact commissioner. Each member state represented at a meeting of the Interstate Commission is entitled to one vote. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A representative may not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. 53E-3-910(3) Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members. 53E-3-910(4) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. 53E-3-910(5) Establish an executive committee, whose members shall include the officers of the Interstate Commission and other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other duties considered necessary. The U.S. Department of Defense shall serve as an ex-officio, nonvoting member of the executive committee. 53E-3-910(6) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. 53E-3-910(7) Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion of the meeting, where it determines by two-thirds vote that an open meeting would be likely to:

relate solely to the Interstate Commission’s internal personnel practices and procedures; disclose matters specifically exempted from disclosure by federal and state statute; disclose trade secrets or commercial or financial information which is privileged or confidential; involve accusing a person of a crime, or formally censuring a person; disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; disclose investigative records compiled for law enforcement purposes; or specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding. 53E-3-910(8) Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. 53E-3-910(9) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, as far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. 53E-3-910(10) Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section may not be construed to create a private right of action against the Interstate Commission or any member state.

53E-3-911 - Article X — Powers and duties of the Interstate Commission.

The Interstate Commission shall have the following powers: 53E-3-911(1) To provide for dispute resolution among member states. 53E-3-911(2) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations enumerated in this compact. The rules shall have the force and effect of rules promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and shall be binding in the compact states to the extent and in the manner provided in this compact. 53E-3-911(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions. 53E-3-911(4) To monitor compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws. Any action to enforce compliance with the compact provision by the Interstate Commission shall be brought against a member state only. 53E-3-911(5) To establish and maintain offices which shall be located within one or more of the member states. 53E-3-911(6) To purchase and maintain insurance and bonds. 53E-3-911(7) To borrow, accept, hire, or contract for services of personnel. 53E-3-911(8) To establish and appoint committees including, but not limited to, an executive committee as required by Subsection 53E-3-910(5), which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties. 53E-3-911(9) To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. 53E-3-911(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. 53E-3-911(11) To lease, purchase, accept contributions, or donations of, or otherwise to own, hold, improve, or use any property - real, personal, or mixed. 53E-3-911(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property - real, personal, or mixed. 53E-3-911(13) To establish a budget and make expenditures. 53E-3-911(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission. 53E-3-911(15) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the Interstate Commission. 53E-3-911(16) To coordinate education, training, and public awareness regarding the compact and its implementation and operation for officials and parents involved in such activity. 53E-3-911(17) To establish uniform standards for the reporting, collecting, and exchanging of data. 53E-3-911(18) To maintain corporate books and records in accordance with the bylaws. 53E-3-911(19) To perform any functions necessary or appropriate to achieve the purposes of this compact. 53E-3-911(20) To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.

53E-3-912 - Article XI — Organization and operation of the Interstate Commission — Executive committee — Officers — Personnel.

53E-3-912(1) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

establishing the fiscal year of the Interstate Commission; establishing an executive committee, and other committees as necessary; providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each meeting; establishing the titles and responsibilities of the officers and staff of the Interstate Commission; providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and providing start up rules for initial administration of the compact. 53E-3-912(2) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have the authority and duties specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. 53E-3-912(3) The executive committee shall have the authority and duties set forth in the bylaws, including, but not limited to:

managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission. 53E-3-912(4) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may consider appropriate. The executive director shall serve as secretary to the Interstate Commission, but may not be a member of the Interstate Commission. The executive director shall hire and supervise other persons authorized by the Interstate Commission. 53E-3-912(5) The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that, the person may not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person.

The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of the person’s employment or duties for acts, errors, or omissions occurring within the person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any action. Nothing in this Subsection (5)(a) shall be construed to protect a person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the person. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend the Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the person. To the extent not covered by the state involved, the member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against a person arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided that, the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the person.

53E-3-913 - Article XII — Rulemaking — Authority — Procedure — Review — Rejection by Legislature.

53E-3-913(1) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted in accordance with this compact, then the action by the Interstate Commission shall be invalid and have no force or effect. 53E-3-913(2) Rules shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act, of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. 53E-3-913(3) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided that, the filing of a petition may not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and may not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority. 53E-3-913(4) If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule shall have no further force and effect in any compacting state.

53E-3-914 - Article XIII — Oversight — Enforcement — Dispute resolution — Default — Technical assistance — Suspension — Termination.

53E-3-914(1) Each member state shall enforce this compact to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated in accordance with the compact shall have standing as a rule promulgated under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 53E-3-914(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission. 53E-3-914(3) The Interstate Commission shall be entitled to receive all service of process in any proceeding, and have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules. 53E-3-914(4) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:

Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state shall cure its default. Provide remedial training and specific technical assistance regarding the default. 53E-3-914(5) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. 53E-3-914(6) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states. 53E-3-914(7) The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, not to exceed $5,000 per year, as provided in Subsection 53E-3-915(5), for each year that the state is a member of the compact. 53E-3-914(8) The Interstate Commission may not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. 53E-3-914(9) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of the litigation including reasonable attorney fees. 53E-3-914(10) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states. 53E-3-914(11) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

53E-3-915 - Article XIV — Financing of the Interstate Commission.

53E-3-915(1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. 53E-3-915(2) In accordance with the funding limit established in Subsection (5), the Interstate Commission may levy and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which shall be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. 53E-3-915(3) The Interstate Commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. 53E-3-915(4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. 53E-3-915(5) The Interstate Commission may not assess, levy, or collect more than $10,000 per year from Utah legislative appropriations. Other funding sources may be accepted and used to offset expenses related to the state’s participation in the compact.

53E-3-916 - Article XV — Member states — Effective date — Amendments.

53E-3-916(1) Any state is eligible to become a member state. 53E-3-916(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 10 of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states. 53E-3-916(3) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

53E-3-917 - Article XVI — Withdrawal — Dissolution.

53E-3-917(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that, a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. 53E-3-917(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same. 53E-3-917(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt of the notification. 53E-3-917(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, not to exceed $5,000 per year, as provided in Subsection 53E-3-915(5), for each year that the state is a member of the compact. 53E-3-917(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon a later date determined by the Interstate Commission. 53E-3-917(6) This compact shall dissolve effective upon the date of the withdrawal or default of a member state which reduces the membership in the compact to one member state. 53E-3-917(7) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect. The business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

53E-3-918 - Article XVII — Severability — Construction.

53E-3-918(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is considered unenforceable, the remaining provisions of the compact shall be enforceable. 53E-3-918(2) The provisions of this compact shall be liberally construed to effectuate its purposes. 53E-3-918(3) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

53E-3-919 - Article XVIII — Binding effect of compact — Other state laws.

53E-3-919(1) Nothing in this compact prevents the enforcement of any other law of a member state. 53E-3-919(2) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. 53E-3-919(3) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. 53E-3-919(4) In the event any provision of this compact exceeds the statutory or constitutional limits imposed on the legislature of any member state, that provision shall be ineffective to the extent of the conflict with the statutory or constitutional provision in question in that member state.

53E-3-920.1 - State council — Creation.

The State Board of Education shall create a state council described in Section 53E-3-909 to accomplish the duties described in Section 53E-3-909 .

53E-3-921 - Appointment of compact commissioner.

The governor, with the advice and consent of the Senate, shall appoint a compact commissioner to carry out the duties described in this part.

Early Literacy

53E-3-1001 - Statewide goal — Emphasis on early literacy.

To achieve a strenuous statewide goal of 70% in third grade-level proficiency on the state-administered reading assessment by July 1, 2027, the state board shall: 53E-3-1001(1) analyze, align, and target resources, including digital software and tools, in existing state programs and the programs enacted in Laws of Utah 2022, Chapter 285, as appropriate, to support early literacy within the state; and 53E-3-1001(2) identify opportunities to incentivize and support LEAs and elementary schools to analyze data, align plans, and target resources from existing local and LEA programs to support early literacy within the state, resulting in a comprehensive statewide alignment of early literacy plans.

53E-3-1002 - Literacy coaching — Professional learning.

53E-3-1002(1) Subject to legislative appropriations, the state board shall provide, train, and assign literacy coaches to schools with low literacy achievement performance to provide early literacy coaching to teachers in kindergarten through grade 3, in accordance with this section. 53E-3-1002(2) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

establish criteria to determine which schools qualify for early literacy coaching, prioritizing coaching among: schools that participate in partnerships that receive grants under Title 53F, Chapter 5, Part 4, Partnerships for Student Success Grant Program; and schools that fall within the bottom 25% of all schools in literacy achievement performance, as the state board further defines; establish minimum qualifications for early literacy coach positions to ensure adequate preparation with necessary expertise; define roles and responsibilities for a literacy coach, including: assisting educators in analyzing data to inform instructional adjustments; engaging in instructional coaching cycles with educators to build capacity for improved classroom instructional practices; using principles of adult learning to effectively partner with educators to integrate professional learning into classroom practice; leveraging knowledge of the science of reading and evidence-based practices to support educators in maximizing student learning; partnering with a school’s leader to support school-wide literacy goals to provide a team of support for educators to embed the state-wide goals into instructional plans and practice; delivering consistent and frequent job-embedded professional learning; participating actively in professional learning experiences to deepen knowledge and skills for coaching; and designing and facilitating relevant and cohesive professional learning sessions to strengthen the implementation of these evidence-based practices with educators; and establish parameters for the relationship between a literacy coach and school or LEA, including ensuring that coaches do not engage in activities or duties unrelated to literacy coaching, including: serving as an evaluator, substitute teacher, clerical aid, recess or lunch aid, behavioral therapist, tester, guidance counselor, interventionist, program manager, or contest leader; or any other assignment that frequently disrupts the coach’s ability to support educators in improving instructional practice. 53E-3-1002(3) The state board shall:

ensure that one staff position supervises early literacy coaches statewide; select the pool of candidates for literacy coaching positions and coordinate with LEAs regarding interviews, final selection, and placement; and annually review coaching placements and adjust placements as necessary, based on the school’s literacy achievement performance and the criteria established under Subsection (2). 53E-3-1002(4) The state board shall provide professional learning support in early literacy by:

facilitating professional learning opportunities to support literacy coaches statewide that includes knowledge and skill development in adult learning practices, job-embedded coaching, and family engagement; providing professional learning regional consultants to: support LEAs and regional education service agencies in designing, facilitating, monitoring, and adjusting professional learning in early literacy that aligns with the professional learning standards described in Section 53G-11-303; and serve a cohort of LEAs within a geographic region of the state; and providing statewide professional learning to support the use of collective efficacy, including the implementation of professional learning communities and school leadership teams through 2027.

53E-3-1003 - Science of reading.

53E-3-1003(1) As used in this section:

“Educator preparation program” means the same as that term is defined in Section 53E-6-302. “Panel” means the science of reading panel that the state board establishes in accordance with this section. “University teacher preparation program” means a program described in Section 53E-6-302. 53E-3-1003(2) The state board shall establish an expert science of reading panel consisting of up to six experts who have:

knowledge and a research background in the science of reading and the science of reading instruction; and experience translating the science of reading into effective reading instructional practices. 53E-3-1003(3) The panel shall:

meet no less than once every quarter; provide expertise to and serve in a consultancy capacity to the state board on implementation of: the early literacy emphases described in Section 53E-3-1001; and educator preparation programs; in consultation with the state board: provide advanced professional learning opportunities in the science of reading and the science of reading instruction for public schools and educator preparation programs as needed to expand statewide capacity; partner with ULEAD, as that term is defined in Section 53E-10-701, to develop and implement an online repository of digital science of reading and science of reading instruction resources that is accessible to public school teachers, school leaders, parents, and educator preparation programs and associated faculty; develop professional learning modules to support teachers and school leaders; and coordinate with educator preparation programs, university teacher preparation program faculty, deans of education, and literacy leadership fellows to advance the science of reading and the science of reading instruction; and take part in the hiring of the additional faculty members described in Subsection 53E-6-302(6) with two panel members participating in the hiring process. 53E-3-1003(4) The state board may collaborate with panel members to conduct periodic reviews of:

student outcome data; science of reading and science of reading instruction implementation fidelity in public schools and educator preparation programs through onsite visits; and advise LEAs regarding the science of reading and the science of reading instruction curriculum and intervention programs. 53E-3-1003(5) A panel member:

may not receive compensation or benefits for the member’s service on the panel; and may receive per diem and reimbursement for travel expenses that the panel member incurs as a panel member at the rates that the Division of Finance establishes under: Sections 63A-3-106 and 63A-3-107; and rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107. 53E-3-1003(6) The state board shall provide staff support to the panel.

53E-3-1004 - Community engagement for early literacy.

53E-3-1004(1) The state board shall:

partner with a private business or nonprofit organization to annually provide personal, home-use, age-appropriate printed books or digital books with accompanying electronic reading devices to students: who attend:

a school that participates in partnerships that receive grants under Title 53F, Chapter 5, Part 4, Partnerships for Student Success Grant Program; or a Title I school, as that term is defined in Section 53F-2-523; and at a minimum, in kindergarten through grade 3; and provide students a choice of language where possible. 53E-3-1004(2) The state board shall develop and promote a website that provides resources for teachers and other educational support personnel to support targeted activities and strategies for parents to support at-home reading. 53E-3-1004(3) The state board shall contract with one or more organizations that have expertise in coordinating community resources to:

provide training and coaching to community, school, and parent engagement coordinators; and for a school that is not participating in a partnership that receives a grant under Title 53F, Chapter 5, Part 4, Partnerships for Student Success Grant Program: assess the presence of existing community school infrastructure; and provide necessary supports for parent, community, and business engagement, including services and coordination support.

Prohibited Discriminatory Practices

53E-3-1101 - Prohibited discriminatory practices — Restrictions — Reporting.

53E-3-1101(1) As used in this section, “prohibited discriminatory practice” means the same as that term is defined in Section 53H-1-504. 53E-3-1101(2) The state board may not:establish or maintain an office, division, or employment position established to implement, develop, plan, or promote policies, procedures, practices, programs, or initiatives, regarding prohibited discriminatory practices; oremploy or assign an employee or a third-party whose duties for the state board include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to prohibited discriminatory practices. 53E-3-1101(3) Nothing in this section limits or prohibits the state board’s authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment. 53E-3-1101(4) The state board shall provide an update to the Education Interim Committee and Public Education Appropriations Subcommittee on the state board’s compliance with this section at or before:the Education Interim Committee’s November interim committee meeting; andthe Public Education Appropriations Subcommittee December interim subcommittee meeting.

Education Opportunity for Children of United States Department of Defense Employees

53E-3-1201 - Definitions.

53E-3-1201(1) “DOD civilian” means the same as that term is defined in Section 53H-11-202. 53E-3-1201(2) “Child of a DOD civilian family” means a school-aged child, enrolled in kindergarten through grade 12, in the household of a currently serving DOD civilian. 53E-3-1201(3) “Deployment” means the period one month prior to the DOD civilian’s departure from the DOD civilian’s home station on orders through six months after return to the DOD civilian’s home station. 53E-3-1201(4) “Educational record” means an official record, file, or data directly related to a student and maintained by a school or an LEA.”Educational record” includes records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance, and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. 53E-3-1201(5) “Extracurricular activity” means a voluntary activity sponsored by a school or an LEA or an organization sanctioned by the LEA.”Extracurricular activity” includes preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. 53E-3-1201(6) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense.”Military installation” includes a leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States.”Military installation” does not include a facility used primarily for civil works, rivers and harbors projects, or flood control projects. 53E-3-1201(7) “Sending state” means the state from which a child of a DOD civilian family is sent, brought, or caused to be sent or brought. 53E-3-1201(8) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States. 53E-3-1201(9) “Transferring student” means a child of a DOD civilian family who is seeking to be enrolled in a school in Utah.

53E-3-1202 - Transferring student enrollment, records, and immunization.

53E-3-1202(1) Subject to Subsection (2), when a school receives the unofficial education record of a transferring student from a school in a sending state, the school shall enroll and appropriately place the transferring student based on the information provided in the unofficial educational record pending receipt and validation of the transferring student’s official educational records.At the time a transferring student is enrolled and conditionally placed based on the student’s unofficial educational records under Subsection (1)(a), the school shall request the student’s official educational record from the school in the sending state. 53E-3-1202(2) A school enrolling a transferring student under this section shall enroll the transferring student at the same grade level the transferring student has been enrolled at in the school in the sending state regardless of the transferring student’s age.A transferring student that has satisfactorily completed a prerequisite grade level in a school in the sending state shall be eligible for enrollment in the next highest grade level regardless of the transferring student’s age. 53E-3-1202(3) A school enrolling a transferring student under this section shall give the student 30 days from the day on which the student is enrolled in the school for the student to obtain any immunization that is required by the school.If the required immunization described in Subsection (3)(a) encompasses a series of immunizations, the initial immunization in the series satisfies the requirement for the student to be immunized within 30 days from the day on which the student is enrolled in the school as required under Subsection (3)(a).

53E-3-1203 - Course placement — Extracurricular activities.

53E-3-1203(1) As used in this section:“Course placement” means placing a transferring student in an educational course or program provided by a school.”Educational course or program” means the following courses or programs:honors, international baccalaureate, advanced placement, vocational, technical, career pathways, and English as a second language courses; andgifted and talented programs. 53E-3-1203(2) A school that enrolls a transferring student as described in Section 53E-3-1202 shall, when determining course placement for the transferring student, place the transferring student in educational courses or programs based on the transferring student’s course placement in the sending state’s school or educational assessments conducted at the school in the sending state.Subsection (2)(a) does not prohibit the school from performing additional evaluations after the transferring student is enrolled to ensure appropriate placement and continued enrollment of the student in the educational course or program. 53E-3-1203(3) When a school makes a course placement determination under this section, the school shall attempt to the best of the school’s ability to ensure the continuance of the transferring student’s academic program from the transferring student’s previous school and place the transferring student in academically and career challenging courses. 53E-3-1203(4) In compliance with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., a school that enrolls a transferring student with disabilities shall provide comparable services to the transferring student based on the transferring student’s current IEP.In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Sec. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. Secs. 12131-12165, a school that enrolls a transferring student with disabilities shall make reasonable accommodations and modifications to address the needs of the transferring student, subject to an existing Section 504 accommodation plan, to provide the transferring student with equal access to education.Subsection (4)(b) does not preclude the school from performing additional evaluations after the transferring student is enrolled to ensure appropriate placement of the transferring student. 53E-3-1203(5) An LEA’s administrative officials may waive requirements or other prerequisites for any course placement in an educational course or program under this section. 53E-3-1203(6) An LEA shall facilitate the opportunity for a transferring student to be included in extracurricular activities, regardless of application deadlines, to the extent the transferring student is otherwise qualified to participate in the extracurricular activities.

53E-3-1204 - Parental consent — Tuition.

53E-3-1204(1) Power of attorney lawfully executed under Title 75, Chapter 9, Uniform Power of Attorney Act, is sufficient for the purposes of enrollment and other actions requiring parental participation or consent. 53E-3-1204(2) An LEA may not charge local tuition to a transferring student placed in the care of a non-custodial parent or other individual standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. 53E-3-1204(3) A transferring student, placed in the care of a non-custodial parent or other individual standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the student was enrolled while residing with the custodial parent.

53E-3-1205 - Graduation — Waiver — Exit exams — Senior year transfers.

53E-3-1205(1) To facilitate the on-time graduation from high school of a transferring student an LEA shall:waive specific courses required for graduation if similar coursework has been satisfactorily completed by the transferring student in a school in a sending state; orif the LEA does not waive a specific course requirement under Subsection (1)(a), provide an alternative means of acquiring the required coursework so that the transferring student may graduate on time; andaccept:exit or end-of-course exams required for graduation from the transferring student’s school in the sending state;national norm-referenced achievement tests; orsubject to Subsection (2), alternative testing, in lieu of testing requirements for graduation. 53E-3-1205(2) If a transferring student is enrolling in a school in the LEA in the transferring student’s senior year of high school and the LEA cannot accommodate the alternative testing described in Subsection (1)(b)(iii), the LEA shall, if the transferring student otherwise meets the graduation requirements of the transferring student’s school in the sending state, use the LEA’s best efforts to request and receive a receipt of a high school graduation diploma for the transferring student from the transferring student’s school in the sending state. 53E-3-1205(3) If an LEA denies a waiver under Subsection (1)(a) the LEA shall provide a reasonable justification for the denial to the transferring student.