Public Education Information System

22
53E-3-518
53E-3-527
53E-9-303
53E-9-308
53F-2-205
53F-2-311
53G-4-402
53G-5-404
0
Public Education Information System
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill modifies provisions related to student information systems for local education
agencies.
Highlighted Provisions:
This bill:
establishes data compliance requirements for local education agency student information
systems;
requires local education agencies to meet state board data standards and interoperability
requirements;
requires student information systems to capture school safety and threat assessment data;
authorizes the state board to provide technical assistance and vendor certification;
establishes enforcement provisions for noncompliance;
requires audits of certain local education agencies;
establishes implementation timelines; and
makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-518
, as last amended by Laws of Utah 2024, Chapters 21, 24
53E-9-303
, as last amended by Laws of Utah 2019, Chapter 186
53E-9-308
, as last amended by Laws of Utah 2023, Chapters 328, 381
53F-2-205
, as last amended by Laws of Utah 2023, Chapter 7
53F-2-311
, as last amended by Laws of Utah 2025, Chapter 165
53G-4-402
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
53G-5-404
, as last amended by Laws of Utah 2025, Chapter 501
ENACTS:
53E-3-527
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-3-518
is amended to read:
53E-3-518
. Utah school information management system -- Local education
agency requirements.
(1)
As used in this section:
(a)
"LEA data system" or "LEA's data system" means a data system that:
(i)
is developed, selected, or relied upon by an LEA; and
(ii)
the LEA uses to collect data or submit data to the state board related to:
(A)
student information;
(B)
educator information;
(C)
financial information; or
(D)
other information requested by the state board.
(b)
"LEA financial information system" or "LEA's financial information system" means
an LEA data system used for financial information.
(c)
"Parent" means the same as that term is defined in Section
53G-6-201
.
(d)
"Utah school information management system" or "information management
system" means the state board's data collection and reporting system described in this
section.
(e)
"User" means an individual who has authorized access to the information
management system.
(2)
On or before July 1, 2024, the
The
state board shall have in place an information
management system that meets the requirements described in this section.
(3)
The state board shall ensure that the information management system:
(a)
interfaces with:
(i)
an LEA's data systems that meet the requirements described in Subsection
(7)
;
(ii)
where appropriate, the systems described in Subsections
53-10-302
(7) and (8);

and
(iii)
the public safety portal described in Section
63A-16-1002
;
and
(b)
serves as the mechanism for the state board to collect and report on all data that
LEAs submit to the state board related to:
(i)
student information;
(ii)
educator information;
(iii)
financial information; and
(iv)
other information requested by the state board;
(c)
includes a web-based user interface through which a user may:
(i)
enter data;
(ii)
view data; and
(iii)
generate customizable reports;
(d)
includes a data warehouse and other hardware or software necessary to store or
process data submitted by an LEA;
(e)
provides for data privacy, including by complying with Chapter 9, Student Privacy
and Data Protection;
(f)
restricts user access based on each user's role; and
(g)
meets requirements related to a student achievement backpack described in Section
53E-3-511
.
(4)
On or before January 31, 2026, the
The
state board shall:
(a)
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:
(i)
different LEA student information systems; and
(ii)
an authorized online course provider and a primary LEA; and
(b)
ensure 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.
(5)
The state board shall establish the restrictions on user access described in Subsection
(3)(f)
.
(6)
(a)
The state board shall make rules that establish the required capabilities for an LEA
financial information system.
(b)
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.
(7)
(a)
On or before July 1, 2024, an
An
LEA shall ensure that:
(i)
all of the LEA's data systems:
(A)
meet the data standards established by the state board in accordance with
Section
53E-3-501
;
(B)
are fully compatible with the state board's information management system;
and
(C)
meet specification standards determined by the state board; and
(ii)
the LEA's financial information system meets the requirements described in
Subsection
(6)
.
(b)
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.
(8)
(a)
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:
(i)
providing to the LEA funding for implementation and sustainment of the LEA
financial information system, either through:
(A)
awarding a grant to the LEA; or
(B)
providing a reimbursement to the LEA; or
(ii)
in 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.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules describing:
(i)
how an LEA may apply to the state board for the assistance described in
Subsection
(8)(a)
; and
(ii)
criteria for the state board to provide the assistance to an LEA.
(9)
(a)
Beginning July 1, 2024, the
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.
(b)
An action described in Subsection
(9)(a)
may include the state board withholding
funds from the LEA.
(10)
(a)
For purposes of this Subsection
(10)
, "education record" means the same as that
term is defined in 20 U.S.C. Sec. 1232g.
(b)
The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish a procedure under which:
(i)
a parent may submit information as part of the education records for the parent's
student;
(ii)
the information submitted by the parent is maintained as part of the education
records for the parent's student;
(iii)
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; and
(iv)
a parent has access only to the education records of the parent's student in
accordance with Subsection
(10)(d)
.
(c)
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:
(i)
registering a student in a school; or
(ii)
changing the school in which a student attends.
(d)
Subject to the federal Family
Education
Educational
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.
(e)
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.
(11)
Beginning July 1, 2031, an LEA requirement to submit data under this section is
satisfied through the LEA's use of a student information system that meets the
compliance requirements established under Section 53E-3-527.
Section 2. Section
53E-3-527
is enacted to read:
53E-3-527
. Student information system compliance requirements -- Vendor
certification -- Enforcement -- Audits.
(1)
As used in this section:
(a)
"Certified vendor" means a vendor of student information systems that the state
board certifies as meeting the compliance requirements described in this section.
(b)
"Compliance requirements" means the technical, functional, and data standards that
the state board establishes under this section for student information systems.
(c)
"Integration standards" means the technical requirements that the state board
establishes to allow student information systems to interface with state board systems.
(d)
"LEA head" means:
(i)
for a school district, the superintendent of the school district; or
(ii)
for a charter school, the director of the charter school.
(e)
"School safety data" means data related to school safety incidents, threat
assessments, and student behavioral concerns as described in Subsection (5).
(f)
"Student data" means the same as that term is defined in Section 53E-9-301.
(g)
"USIMS compliant" means meeting all data transmission requirements that the Utah
Student Information Management System establishes.
(2)
(a)
Beginning July 1, 2031, each LEA shall use a student information system that
meets all compliance requirements established under this section for all student data
collection, management, and reporting functions that state or federal law requires.
(b)
An LEA that uses a student information system that meets the compliance
requirements under this section:
(i)
shall ensure that all student data in the system reconciles with and matches the
data standards established by the state board in accordance with Section
53E-3-501;
(ii)
is responsible for all costs associated with maintaining, integrating, and ensuring
compliance of the system;
(iii)
is responsible for ensuring that the system interfaces properly with state board
systems; and
(iv)
is responsible for all data reconciliation and data quality assurance for the system.
(c)
The state board is not responsible for cleaning, reconciling, or correcting data from
an LEA's student information system.
(3)
The state board shall establish and maintain compliance requirements that define:
(a)
required data elements and formats consistent with Section 53E-3-501;
(b)
integration standards for interfacing with state board systems;
(c)
synchronization frequency and methods;
(d)
error handling procedures;
(e)
data consistency and integrity requirements;
(f)
privacy and security requirements consistent with Chapter 9, Student Privacy and
Data Protection;
(g)
school safety data collection and reporting requirements as described in Subsection
(5); and
(h)
interoperability standards for data exchange between LEAs and with authorized
entities.
(4)
A student information system that meets compliance requirements under this section
shall:
(a)
maintain all student demographic, enrollment, and academic records;
(b)
track attendance, grades, and course completion;
(c)
generate all reports that state and federal law requires;
(d)
support scheduling and course management;
(e)
provide transcript generation and electronic transfer capabilities;
(f)
enable seamless student transfers between LEAs without manual data entry;
(g)
maintain historical data for longitudinal analysis;
(h)
be fully USIMS compliant;
(i)
provide real-time data synchronization with state board systems;
(j)
support automated data validation and error checking;
(k)
enable role-based access controls;
(l)
maintain an audit log of all data changes;
(m)
support data exports in standard formats;
(n)
provide application programming interfaces for approved third-party integrations;
(o)
include online student registration capabilities;
(p)
provide parent and guardian portal access;
(q)
include digital consent form management;
(r)
ensure mobile device compatibility;
(s)
provide multi-language support;
(t)
capture and maintain school safety data as described in Subsection (5);
(u)
integrate with:
(i)
special education IEP management systems;
(ii)
student health information systems;
(iii)
school safety and student behavior tracking systems;
(iv)
learning management systems;
(v)
assessment platforms;
(vi)
early warning and intervention systems;
(vii)
transportation management systems;
(viii)
food service systems;
(ix)
financial management systems; and
(x)
eliminate the need for manual data transmission for state and federal reporting.
(5)
(a)
Beginning July 1, 2031, each LEA's student information system shall capture and
maintain school safety data, including:
(i)
school safety incident reports, including:
(A)
the date, time, and location of incidents;
(B)
the nature and severity of incidents;
(C)
individuals involved in incidents;
(D)
interventions provided; and
(E)
outcomes and resolutions;
(ii)
student behavioral threat assessments, including:
(A)
threat assessment referrals and screening results;
(B)
comprehensive threat assessment findings;
(C)
risk levels and classifications;
(D)
safety planning and interventions implemented; and
(E)
monitoring and follow-up documentation; and
(iii)
threat assessment team documentation, including:
(A)
threat assessment team composition and member qualifications;
(B)
threat assessment protocols and procedures followed;
(C)
case management and disposition records; and
(D)
coordination with law enforcement and other agencies.
(b)
The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing:
(i)
standardized definitions and classifications for school safety data;
(ii)
data collection and reporting requirements;
(iii)
privacy protections and access controls for school safety data;
(iv)
data sharing protocols with law enforcement and other authorized entities; and
(v)
integration requirements with the public safety portal described in Section
63A-16-1002.
(c)
School safety data collected under this Subsection (5) shall:
(i)
comply with all applicable privacy laws and regulations;
(ii)
be accessible only to authorized personnel with legitimate educational or safety
interests;
(iii)
be maintained securely with appropriate access controls and audit logging; and
(iv)
be used only for purposes of maintaining school safety, providing appropriate
interventions and support to students, and meeting legal reporting requirements.
(6)
(a)
The state board shall establish a voluntary vendor certification program for
student information system vendors.
(b)
To become a certified vendor, a vendor shall:
(i)
submit an application to the state board demonstrating that the vendor's student
information system meets all compliance requirements established under this
section;
(ii)
undergo technical review and testing by the state board or the state board's
designee;
(iii)
demonstrate successful integration with state board systems;
(iv)
provide documentation of data security measures and privacy protections;
(v)
agree to maintain compliance with all requirements and to notify the state board
of any material changes to the system that may affect compliance; and
(vi)
pay any applicable certification fees established by the state board.
(c)
The state board shall:
(i)
maintain and publish a list of certified vendors on the state board's website;
(ii)
establish procedures for annual recertification of vendors;
(iii)
establish procedures for revoking certification if a vendor fails to maintain
compliance; and
(iv)
provide technical specifications and testing protocols to assist vendors in
achieving certification.
(d)
The state board may charge reasonable fees to vendors seeking certification to cover
the costs of the certification program.
(e)
Vendor certification under this Subsection (6) does not constitute an endorsement by
the state board of any particular vendor or product, and LEAs retain full discretion in
selecting student information systems.
(7)
(a)
The state board may provide technical assistance to LEAs, including:
(i)
guidance on selecting student information systems that meet compliance
requirements;
(ii)
assistance with system implementation and integration;
(iii)
training on data standards and reporting requirements;
(iv)
support for data migration and system transitions; and
(v)
resources and best practices for maintaining compliance.
(b)
Subject to available appropriations, the state board may provide financial assistance
to LEAs for costs associated with achieving and maintaining compliance with this
section, including:
(i)
system implementation costs;
(ii)
data migration services;
(iii)
training and technical support;
(iv)
integration development; and
(v)
ongoing compliance maintenance.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may make rules establishing:
(i)
eligibility criteria for financial assistance;
(ii)
application procedures;
(iii)
funding priorities based on LEA need and capacity; and
(iv)
accountability requirements for LEAs receiving assistance.
(8)
(a)
The state board shall establish a phased implementation schedule that:
(i)
begins no earlier than July 1, 2028;
(ii)
provides each LEA at least 24 months to achieve compliance with this section;
(iii)
prioritizes voluntary early adopters;(iv) considers LEA size and technical
capacity; and
(iv)
ensures full statewide compliance by July 1, 2031.
(b)
An LEA contract for a student information system in effect on May 7, 2026, remains
valid until the earlier of:
(i)
the contract's expiration date;
(ii)
July 1, 2031; or
(iii)
the day on which the LEA voluntarily transitions to a compliant system.
(c)
An LEA may renew an existing contract for a student information system one time
after May 7, 2026, if:
(i)
the renewal term does not extend beyond June 30, 2031;
(ii)
the LEA notifies the state board of the renewal within 30 days after the day on
which the LEA renews the contract; and
(iii)
the renewal is necessary to avoid disruption of operations.
(d)
An LEA may request an implementation extension of up to 12 months if the LEA
demonstrates:
(i)
extraordinary circumstances beyond the LEA's control;
(ii)
a detailed transition plan with specific milestones;
(iii)
commitment of necessary resources to meet the extended deadline; and
(iv)
that denial of the extension would cause substantial disruption to the LEA's
educational programs.
(9)
(a)
Beginning August 1, 2031, if an LEA fails to comply with a requirement of this
section, the state board shall:
(i)
provide written notice to the LEA describing the noncompliance; and
(ii)
allow the LEA 90 days after the day on which the state board provides the notice
described in Subsection (9)(a)(i) to cure the noncompliance.
(b)
If the LEA fails to cure the noncompliance within the time period described in
Subsection (9)(a)(ii), the state board shall:
(i)
provide written notice to the LEA and the LEA head that the LEA head's
compensation shall be reduced by 10% until the noncompliance is cured; and
(ii)
allow the LEA an additional 90 days after the day on which the state board
provides the notice described in Subsection (9)(b)(i) to cure the noncompliance.
(c)
If the LEA fails to cure the noncompliance within the time period described in
Subsection (9)(b)(ii), the state board may:
(i)
withhold state funding from the LEA in accordance with Section 53E-3-401 until
the LEA achieves compliance; and
(ii)
require the LEA to develop and implement a corrective action plan within a
specified timeframe.
(d)
The state board shall establish an appeals process for an LEA subject to an
enforcement action under this Subsection (9).
(10)
(a)
When conducting a risk assessment for an audit of an LEA, the Office of the
Legislative Auditor General may consider an LEA's compliance with this section as a
risk factor, including the LEA's compliance with:
(i)
the data standards established by the state board in accordance with Section
53E-3-501;
(ii)
the compliance requirements established under Subsection (3);
(iii)
the integration standards established under Subsection (3)(b); and
(iv)
all other requirements of this section.
(b)
If the Office of the Legislative Auditor General includes a review of an LEA's
compliance with this section as part of an audit, the Office of the Legislative Auditor
General may report the results to the Education Interim Committee.
(11)
A local school board or charter school governing board shall include in an employment
contract with an LEA head a provision that allows for the reduction of the LEA head's
compensation as required under Subsection (9)(b)(i).
(12)
All data in an LEA's student information system remains the property of the respective
LEA.
(13)
The state board may access LEA data only to:
(a)
generate reports that state and federal law requires;
(b)
provide technical support;
(c)
ensure data quality and compliance;
(d)
conduct authorized research and analysis;
(e)
facilitate student transfers between LEAs; or
(f)
perform functions specifically authorized by law.
(14)
Student information systems that meet compliance requirements under this section
shall comply with all requirements of:
(a)
the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
(b)
Title 53E, Chapter 9, Student Privacy and Data Protection;
(c)
Title 63G, Chapter 2, Government Records Access and Management Act; and
(d)
all other applicable privacy laws and regulations.
(15)
Upon request, the state board shall report to the Education Interim Committee on:
(a)
implementation progress and LEA compliance status;
(b)
effectiveness of the vendor certification program;
(c)
costs and financial assistance provided to LEAs;
(d)
improvements in data quality and timeliness;
(e)
reduction in administrative burden at LEAs;
(f)
system performance and interoperability;
(g)
school safety data collection and utilization; and
(h)
recommendations for improvements or statutory changes.
(16)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may make rules to implement this section, including rules that:
(a)
establish technical specifications for compliance requirements;
(b)
define integration standards and testing protocols;
(c)
create implementation timelines and procedures;
(d)
establish vendor certification requirements and procedures;
(e)
define school safety data elements and reporting requirements; and
(f)
establish data governance policies.
Section 3. Section
53E-9-303
is amended to read:
53E-9-303
. Local student data protection governance.
(1)
An LEA shall adopt policies to protect student data in accordance with this part and
state board rule, taking into account the specific needs and priorities of the LEA.
(2)
(a)
An LEA shall designate an individual to act as a student data manager to fulfill the
responsibilities of a student data manager described in Section
53E-9-308
.
(b)
If possible, an LEA shall designate the LEA's records officer as defined in Section
63G-2-103
, as the student data manager.
(3)
An LEA shall create and maintain an LEA:
(a)
data governance plan; and
(b)
metadata dictionary.
(4)
An LEA shall establish an external research review process for a request for data for the
purpose of external research or evaluation.
(5)
Beginning July 1, 2031, a student data manager designated under this section shall:
(a)
ensure the LEA's compliance with data governance policies for student information
systems that meet the compliance requirements established under Section 53E-3-527
;
and
(b)
serve as the LEA's primary contact for student information system data management
issues
.
Section 4. Section
53E-9-308
is amended to read:
53E-9-308
. Sharing student data -- Prohibition -- Requirements for student data
manager -- Authorized student data sharing.
(1)
(a)
Except as provided in Subsection
(1)(b)
, an education entity, including a student
data manager, may not:
(i)
share personally identifiable student data without written consent; or
(ii)
share student data with a federal agency.
(b)
An education entity, including a student data manager, may share personally
identifiable student data:
(i)
in accordance with the Family Education Rights and Privacy Act and related
provisions under 20 U.S.C. Secs. 1232g and 1232h;
(ii)
as required by federal law; and
(iii)
as described in Subsections
(3)
,
(5)
, and
(6)
.
(2)
A student data manager shall:
(a)
authorize and manage the sharing, outside of the student data manager's education
entity, of personally identifiable student data for the education entity as described in
this section;
(b)
act as the primary local point of contact for the state student data officer described in
Section
53E-9-302
;
and
(c)
fulfill other responsibilities described in the data governance plan of the student data
manager's education entity
.
; and
(d)
beginning July 1, 2031, ensure proper use of student information systems that meet
the compliance requirements established under Section 53E-3-527 within the LEA.
(3)
A student data manager may share a student's personally identifiable student data with a
caseworker or representative of the Department of Health and Human Services if:
(a)
the Department of Health and Human Services is:
(i)
legally responsible for the care and protection of the student, including the
responsibility to investigate a report of educational neglect, as provided in
Subsection
80-2-701(5)
; or
(ii)
providing services to the student;
(b)
the student's personally identifiable student data is not shared with a person who is
not authorized:
(i)
to address the student's education needs; or
(ii)
by the Department of Health and Human Services to receive the student's
personally identifiable student data; and
(c)
the Department of Health and Human Services maintains and protects the student's
personally identifiable student data.
(4)
The Department of Health and Human Services, a school official, or the Utah Juvenile
Court may share personally identifiable student data to improve education outcomes for
youth:
(a)
in the custody of, or under the guardianship of, the Department of Health and Human
Services;
(b)
receiving services from the Division of Juvenile Justice and Youth Services;
(c)
in the custody of the Division of Child and Family Services;
(d)
receiving services from the Division of Services for People with Disabilities; or
(e)
under the jurisdiction of the Utah Juvenile Court.
(5)
(a)
A student data manager may share personally identifiable student data in response
to a subpoena issued by a court.
(b)
A person who receives personally identifiable student data under Subsection
(5)(a)

may not use the personally identifiable student data outside of the use described in
the subpoena.
(6)
(a)
A student data manager may share student data, including personally identifiable
student data, in response to a request to share student data for the purpose of research
or evaluation, if the student data manager:
(i)
verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
(ii)
submits the request to the education entity's research review process; and
(iii)
fulfills the instructions that result from the review process.
(b)
(i)
In accordance with state and federal law, and subject to Subsection
(6)(b)(ii)
,
the state board shall share student data, including personally identifiable student
data, as requested by the Utah Registry of Autism and Developmental Disabilities
described in Section
26B-7-115
.
(ii)
(A)
At least 30 days before the state board shares student data in accordance
with Subsection
(6)(b)(i)
, the education entity from which the state board
received the student data shall provide notice to the parent of each student for
which the state board intends to share student data.
(B)
The state board may not, for a particular student, share student data as
described in Subsection
(6)(b)(i)
if the student's parent requests that the state
board not share the student data.
(iii)
A person who receives student data under Subsection
(6)(b)(i)
:
(A)
shall maintain and protect the student data in accordance with state board rule
described in Section
53E-9-307
;
(B)
may not use the student data for a purpose not described in Section
26B-7-115
;
and
(C)
is subject to audit by the state student data officer described in Section
53E-9-302
.
Section 5. Section
53F-2-205
is amended to read:
53F-2-205
. Powers and duties of state board to adjust Minimum School
Program allocations -- Use of remaining funds at the end of a fiscal year.
(1)
As used in this section:
(a)
"ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
Sec. 6301 et seq.
(b)
"Program" means a program or allocation funded by a line item appropriation or
other appropriation designated as:
(i)
Basic Program;
(ii)
Related to Basic Programs;
(iii)
Voted and Board Levy Programs; or
(iv)
Minimum School Program.
(2)
Except as provided in Subsection
(3)
or
(5)
, if the number of weighted pupil units in a
program is underestimated, the state board shall reduce the value of the weighted pupil
unit in that program so that the total amount paid for the program does not exceed the
amount appropriated for the program.
(3)
If the number of weighted pupil units in a program is overestimated, the state board
shall spend excess money appropriated for the following purposes giving priority to the
purpose described in Subsection
(3)(a)
:
(a)
to support the value of the weighted pupil unit in a program within the basic
state-supported school program in which the number of weighted pupil units is
underestimated;
(b)
to support the state guaranteed local levy increments as defined in Section
53F-2-601
,
if:
(i)
local contributions to the voted local levy program or board local levy program are
overestimated; or
(ii)
the number of weighted pupil units within school districts qualifying for a
guarantee is underestimated;
(c)
to support the state supplement to local property taxes allocated to charter schools, if
the state supplement is less than the amount prescribed by Section
53F-2-704
;
(d)
to fund the cost of the salary supplements described in Section
53F-2-504
; or
(e)
to support a school district with a loss in student enrollment as provided in Section
53F-2-207
.
(4)
If local contributions from the minimum basic tax rate imposed under Section
53F-2-301

are overestimated, the state board shall reduce the value of the weighted pupil unit for all
programs within the basic state-supported school program so the total state contribution
to the basic state-supported school program does not exceed the amount of state funds
appropriated.
(5)
If local contributions from the minimum basic tax rate imposed under Section
53F-2-301

are underestimated, the state board shall:
(a)
spend the excess local contributions for the purposes specified in Subsection
(3)
,
giving priority to supporting the value of the weighted pupil unit in programs within
the basic state-supported school program in which the number of weighted pupil
units is underestimated; and
(b)
reduce the state contribution to the basic state-supported school program so the total
cost of the basic state-supported school program does not exceed the total state and
local funds appropriated to the basic state-supported school program plus the local
contributions necessary to support the value of the weighted pupil unit in programs
within the basic state-supported school program in which the number of weighted
pupil units is underestimated.
(6)
Except as provided in Subsection
(3)
or
(5)
, the state board shall reduce the state
guarantee per weighted pupil unit provided under the local levy state guarantee program
described in Section
53F-2-601
, if:
(a)
local contributions to the voted local levy program or board local levy program are
overestimated; or
(b)
the number of weighted pupil units within school districts qualifying for a guarantee
is underestimated.
(7)
Money appropriated to the state board is nonlapsing, including appropriations to the
Minimum School Program and all agencies, line items, and programs under the
jurisdiction of the state board.
(8)
The state board shall report actions taken by the state board under this section to the
Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and
Budget.
(9)
Beginning with the 2031-32 school year:
(a)
the state board shall calculate all distribution amounts under this section using data
from student information systems that meet the compliance requirements established
under Section 53E-3-527; and
(b)
an LEA's failure to properly maintain data in a compliant student information system
may result in adjustment of the LEA's funding allocation
.
Section 6. Section
53F-2-311
is amended to read:
53F-2-311
. Weighted pupil units for career and technical education programs --
Funding of approved programs -- Performance measures -- Qualifying criteria.
(1)
(a)
Money appropriated to the state board for approved career and technical education
programs and the comprehensive guidance program:
(i)
shall be allocated to eligible recipients as provided in Subsections
(2)
,
(3)
, and
(4)
;
and
(ii)
may not be used to fund programs below grade 9.
(b)
Subsection
(1)(a)(ii)
does not apply to the following programs:
(i)
comprehensive guidance; and
(ii)
work-based learning programs.
(2)
(a)
Weighted pupil units are computed for pupils in approved programs.
(b)
(i)
The state board shall fund approved programs based upon hours of membership
of grades 9 through 12 students.
(ii)
Subsection
(2)(b)(i)
does not apply to the following programs:
(A)
comprehensive guidance; and
(B)
work-based learning programs.
(c)
The state board shall use an amount not to exceed 20% of the total appropriation
under this section to fund approved programs based on performance measures such
as placement and competency attainment defined in standards set by the state board.
(d)
The state board shall make the necessary calculations for distribution of the
appropriation to a school district and charter school and may revise and recommend
changes necessary for achieving equity and ease of administration.
(3)
(a)
Twenty weighted pupil units shall be computed for career and technical education
administrative costs for each school district, except 25 weighted pupil units may be
computed for each school district that consolidates career and technical education
administrative services with one or more other school districts.
(b)
Between 10 and 25 weighted pupil units shall be computed for each high school
conducting approved career and technical education programs in a school district
according to standards established by the state board.
(c)
Forty weighted pupil units shall be computed for each school district that operates an
approved career and technical education center.
(d)
Between five and seven weighted pupil units shall be computed for each summer
career and technical education agriculture program according to standards established
by the state board.
(e)
The state board shall, by rule, establish qualifying criteria for a school district or
charter school to receive weighted pupil units under this Subsection
(3)
.
(4)
(a)
Money remaining after the allocations made under Subsections
(2)
and
(3)
shall
be allocated using average daily membership in approved programs for the previous
year.
(b)
A school district or charter school that has experienced student growth in grades 9
through 12 for the previous year shall have the growth factor applied to the previous
year's weighted pupil units when calculating the allocation of money under this
Subsection
(4)
.
(c)
An LEA may use funds received through the general allocation described in this
Subsection
(4)
for Technology-Life-Careers and student leadership organizations.
(5)
(a)
The state board shall establish rules for upgrading high school career and
technical education programs.
(b)
The rules shall reflect career and technical training and actual marketable job skills
in society.
(c)
The rules shall include procedures to assist school districts and charter schools to
convert existing programs that are not preparing students for the job market into
programs that will accomplish that purpose.
(6)
Programs that do not meet state board standards may not be funded under this section.
(7)
Beginning July 1, 2031, the state board shall:
(a)
track career and technical education enrollment through student information systems
that meet the compliance requirements established under Section 53E-3-527; and
(b)
calculate weighted pupil units under this section using data from student information
systems that meet the compliance requirements established under Section 53E-3-527.
Section 7. Section
53G-4-402
is amended to read:
53G-4-402
. Powers and duties generally.
(1)
A local school board shall:
(a)
implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation
requirements;
(b)
administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results
and create plans to improve the student's progress, which shall be submitted to the
state board for approval;
(c)
use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state,
and local resources to implement remediation;
(d)
for each grading period and for each course in which a student is enrolled, issue a
grade or performance report to the student:
(i)
that reflects the student's work, including the student's progress based on mastery,
for the grading period; and
(ii)
in accordance with the local school board's adopted grading or performance
standards and criteria;
(e)
develop early warning systems for students or classes failing to make progress;
(f)
work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the special districts;
(g)
implement training programs for school administrators, including basic management
training, best practices in instructional methods, budget training, staff management,
managing for learning results and continuous improvement, and how to help every
student achieve optimal learning in basic academic subjects;
and
(h)
ensure that the local school board meets the data collection and reporting standards
described in Section
53E-3-501
.
;
(i)
beginning July 1, 2031, ensure that all schools within the school district use student
information systems that meet the compliance requirements established under Section
53E-3-527; and
(j)
ensure that any employment contract with a school district superintendent includes
the provision required under Section 53E-3-527.
(2)
Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under
Section
53E-3-501
.
(3)
(a)
A local school board may purchase, sell, and make improvements on school sites,
buildings, and equipment, and construct, erect, and furnish school buildings.
(b)
School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the school board members.
(4)
(a)
A local school board may participate in the joint construction or operation of a
school attended by students residing within the district and students residing in other
districts either within or outside the state.
(b)
Any agreement for the joint operation or construction of a school shall:
(i)
be signed by the president of the local school board of each participating district;
(ii)
include a mutually agreed upon pro rata cost; and
(iii)
be filed with the state board.
(5)
A local school board may establish, locate, and maintain elementary, secondary, and
applied technology schools.
(6)
A local school board may enter into cooperative agreements with other local school
boards to provide educational services that best utilize resources for the overall
operation of the school districts, including shared transportation services.
(7)
A local school board shall ensure that an agreement under Subsection
(6)
:
(a)
is signed by the president of the local school board of each participating district;
(b)
specifies the resource being shared;
(c)
includes a mutually agreed upon pro rata cost;
(d)
includes the duration of the agreement; and
(e)
is filed with the state board.
(8)
(a)
Except as provided in Section
53E-3-905
and Subsection
(8)(b)
, a local school
board may enroll children in school who are at least five years old before September
2 of the year in which admission is sought.
(b)
A local school board may enroll a child in kindergarten who does not meet the age
requirement described in Subsection
(8)(a)
if the child:
(i)
moves to Utah from a different state in which the child, during the relevant school
year:
(A)
was a resident; and
(B)
was enrolled in kindergarten in accordance with the previous state's age
requirements for kindergarten enrollment; and
(ii)
transfers to the enrolling school after the beginning of the same school year.
(9)
A local school board:
(a)
may establish and support school libraries; and
(b)
shall provide an online platform:
(i)
through which a parent is able to view the title, author, and a description of any
material the parent's child borrows from the school library, including a history of
borrowed materials, either using an existing online platform that the LEA uses or
through a separate platform; and
(ii)
(A)
for a school district with 1,000 or more enrolled students, no later than
August 1, 2024; and
(B)
for a school district with fewer than 1,000 enrolled students, no later than
August 1, 2026.
(10)
A local school board may collect damages for the loss, injury, or destruction of school
property.
(11)
A local school board may authorize guidance and counseling services for students and
the student's parents before, during, or following school enrollment.
(12)
(a)
A local school board shall administer and implement federal educational
programs in accordance with Title
53E, Chapter 3, Part 8
, Implementing Federal or
National Education Programs.
(b)
Federal funds are not considered funds within the school district budget under
Chapter
7, Part 3
, Budgets.
(13)
(a)
A local school board may organize school safety patrols and adopt policies under
which the patrols promote student safety.
(b)
A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c)
Safety patrol members may not direct vehicular traffic or be stationed in a portion of
a highway intended for vehicular traffic use.
(d)
Liability may not attach to a school district, its employees, officers, or agents, or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer
assisting the program by virtue of the organization, maintenance, or operation of a
school safety patrol.
(14)
(a)
A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept
private grants, loans, gifts, endowments, devises, or bequests that are made for
educational purposes.
(b)
The contributions made under Subsection
(14)(a)
are not subject to appropriation by
the Legislature.
(15)
(a)
A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection
76-9-1106(3)(c)
.
(b)
A person may not be appointed to serve as a compliance officer without the person's
consent.
(c)
A teacher or student may not be appointed as a compliance officer.
(16)
A local school board shall adopt bylaws and policies for the local school board's own
procedures.
(17)
(a)
A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b)
Local school board policies shall be in writing, filed, and referenced for public
access.
(18)
A local school board may hold school on legal holidays other than Sundays.
(19)
(a)
A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection
(19)
.
(b)
The committee shall be composed of one representative of:
(i)
the schools within the district;
(ii)
the Parent Teachers' Association of the schools within the district;
(iii)
the municipality or county;
(iv)
state or local law enforcement; and
(v)
state or local traffic safety engineering.
(c)
The committee shall:
(i)
receive suggestions from school community councils, parents, teachers, and
others, and recommend school traffic safety improvements, boundary changes to
enhance safety, and school traffic safety program measures;
(ii)
review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary,
middle, and junior high school within the district;
(iii)
in consultation with the Utah Safety Council and the Division of Family Health,
provide training to all students in kindergarten through grade 6, within the district,
on school crossing safety and use; and
(iv)
help ensure the district's compliance with rules made by the Department of
Transportation under Section
41-6a-303
.
(d)
The committee may establish subcommittees as needed to assist in accomplishing the
committee's duties under Subsection
(19)(c)
.
(20)
(a)
A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public
schools, on school grounds, on school vehicles, and in connection with
school-related activities or events.
(b)
The local school board shall ensure that the plan:
(i)
includes prevention, intervention, and response components;
(ii)
is consistent with the school discipline and conduct policies required for school
districts under Chapter
8, Part 2
, School Discipline and Conduct Plans;
(iii)
requires professional learning for all district and school building staff on the
staff's roles in the emergency response plan;
(iv)
provides for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas
and activities referred to in Subsection
(20)(a)
; and
(v)
includes procedures to notify a student who is off campus at the time of a school
violence emergency because the student is:
(A)
participating in a school-related activity; or
(B)
excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c)
The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where
appropriate, to comply with Subsection
(20)(a)
.
(d)
A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its
teachers, administrators, students, and the student's parents and local law enforcement
and public safety representatives.
(21)
(a)
A local school board may adopt an emergency response plan for the treatment of
sports-related injuries that occur during school sports practices and events.
(b)
The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c)
The plan may:
(i)
include emergency personnel, emergency communication, and emergency
equipment components;
(ii)
require professional learning on the emergency response plan for school
personnel who are involved in sports programs in the district's secondary schools;
and
(iii)
provide for coordination with individuals and agency representatives who:
(A)
are not employees of the school district; and
(B)
would be involved in providing emergency services to students injured while
participating in sports events.
(d)
The local school board, in collaboration with the schools referred to in Subsection
(21)(b)
, may review the plan each year and make revisions when required to improve
or enhance the plan.
(e)
The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply
with the requirements of this Subsection
(21)
.
(22)
(a)
A local school board shall approve an LEA's policies and procedures that an
LEA develops to ensure that students have non-electronic notification of and access
to:
(i)
school activities and events, including:
(A)
schedule changes;
(B)
extracurricular activities; and
(C)
sporting events; and
(ii)
the emergency response plans described in Subsections
(20)
and
(21)
.
(b)
Notwithstanding Subsection
(22)(a)
, an LEA may provide electronic notification of
and access to school activities and events as described in Subsections
(22)(a)(i)
and
(ii)
if:
(i)
(A)
the school provides each student with an electronic device; and
(B)
the electronic device is capable of receiving electronic notification of and
access to school activities and events as described in Subsections
(22)(a)(i)
and
(ii)
; or
(ii)
an emergency, unforeseen circumstance, or other incident arises and an LEA
cannot reasonably provide timely non-electronic notification.
(c)
An LEA may not require the use of a privately owned electronic device to complete
course work.
(23)
A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(24)
(a)
As used in this subsection, "special enrollment program" means a full-day
academic program in which a parent opts to enroll the parent's student and that is
offered at a specifically designated school within an LEA, including:
(i)
gifted or advanced learning programs; or
(ii)
dual language immersion programs.
(b)
Before closing a school, changing the boundaries of a school, or changing or closing
the location of a special enrollment program, a local school board shall:
(i)
at a local school board meeting, make and approve a motion to initiate the
notification required under Subsections
(24)(b)(ii)
through
(iv)
;
(ii)
on or before 90 days before the day on which the local school board approves the
school closure or at least 30 days before the day on which the local school board
approves a school boundary change, provide notice that the local school board is
considering the closure or boundary change to:
(A)
parents of students enrolled in the school, using the same form of
communication the local school board regularly uses to communicate with
parents and also by mail, using the United States Postal Service, to the parents
at each known address;
(B)
parents of students enrolled in other schools within the school district that may
be affected by the closure or boundary change, using the same form of
communication the local school board regularly uses to communicate with
parents and also by mail, using the United States Postal Service, to the parents
at each known address; and
(C)
the governing council and the mayor of the municipality in which the school is
located;
(iii)
provide an opportunity for public comment on the proposed school closure
during at least two public local school board meetings;
(iv)
provide an opportunity for public comment on the proposed school boundary
change during one public local school board meeting; and
(v)
hold a public hearing as defined in Section
10-20-102
and provide public notice
of the public hearing in accordance with Subsection
(24)(c)
.
(c)
A local school board shall:
(i)
ensure that the notice of a public hearing required under Subsection
(24)(b)(v)

indicates the:
(A)
name of the school or schools under consideration for closure or boundary
change; and
(B)
the
date, time, and location of the public hearing;
(ii)
if feasible, hold the public hearing at the location of the school that is under
consideration for closure;
(iii)
for at least 10 days before the day on which the public hearing occurs,
publish
the notice of public hearing occurs,
publish the notice of the public hearing for
the school district in which the school is located, as a class A notice under Section
63G-30-102
; and
(iv)
at least 30 days before the day on which the public hearing occurs, provide notice
of the public hearing in the same manner as the notice of consideration under
Subsection
(24)(b)(ii)
.
(d)
A motion made under Subsection
(24)(b)
shall name each school under consideration
for closure in a separate motion.
(e)
For a school closure, a local school board shall complete the process described in this
Subsection
(24)
on or before December 31 of the calendar year preceding the
beginning of the school year in which a school closure takes effect.
(f)
(i)
For a school boundary change, a local school board shall complete the process
described in this Subsection
(24)
no more than 60 days after the day on which the
local school board votes to approve a school closure.
(ii)
Parents of students enrolled in a school affected by a boundary change shall have
at least 30 days after the day on which the local school board votes to approve a
school boundary change to request an out of area enrollment request in accordance
with Chapter
6, Part 4
, School District Enrollment.
(25)
A local school board may implement a facility energy efficiency program established
under Title
11, Chapter 44
, Performance Efficiency Act.
(26)
A local school board may establish or partner with a certified youth court in
accordance with Section
80-6-902
or establish or partner with a comparable restorative
justice program, in coordination with schools in that district. A school may refer a
student to a youth court or a comparable restorative justice program in accordance with
Section
53G-8-211
.
(27)
(a)
As used in this Subsection
(27)
:
(i)
"Learning material" means any learning material or resource used to deliver or
support a student's learning, including textbooks, reading materials, videos, digital
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a local school board
adopts and approves for use within the LEA.
(B)
"Instructional material" does not include learning material used in a
concurrent enrollment, advanced placement, or international baccalaureate
program or class or another class with required instructional material that is not
subject to selection by the local school board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a local school board has not considered and adopted, approved, or prohibited
for classroom use within the LEA.
(b)
A local school board shall:
(i)
make instructional material that the school district uses readily accessible and
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the school district of how to
access the information described in Subsection
(27)(b)(i)
; and
(iii)
include on the school district's website information about how to access the
information described in Subsection
(27)(b)(i)
.
(c)
In selecting and approving instructional materials for use in the classroom, a local
school board shall:
(i)
establish an open process, involving educators and parents of students enrolled in
the LEA, to review and recommend instructional materials for board approval; and
(ii)
ensure that under the process described in Subsection
(27)(c)(i)
, the board:
(A)
before the meetings described in Subsection
(27)(c)(ii)(B)
, posts the
recommended learning material online to allow for public review or, for
copyrighted material, makes the recommended learning material available at
the LEA for public review;
(B)
before adopting or approving the recommended instructional materials, holds
at least two public meetings on the recommendation that provides an
opportunity for educators whom the LEA employs and parents of students
enrolled in the LEA to express views and opinions on the recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and
regular board meeting.
(d)
A local school board shall adopt a supplemental materials policy that provides
flexible guidance to educators on the selection of supplemental materials or resources
that an educator reviews and selects for classroom use using the educator's
professional judgment, including whether any process or permission is required
before classroom use of the materials or resources.
(e)
If an LEA contracts with another party to provide online or digital materials, the
LEA shall include in the contract a requirement that the provider give notice to the
LEA any time that the provider makes a material change to the content of the online
or digital materials, excluding regular informational updates on current events.
(f)
Nothing in this Subsection
(27)
requires a local school board to review all learning
materials used within the LEA.
(28)
If information, data, or action from a school district is necessary for the state board to
fulfill a statutory data gathering, compliance, or reporting requirement, a local school
board shall provide the relevant information, data, or action, subject to enforcement
under Section
53E-3-401
.
Section 8. Section
53G-5-404
is amended to read:
53G-5-404
. Requirements for charter schools.
(1)
A charter school shall be nonsectarian in the charter school's programs, admission
policies, employment practices, and operations.
(2)
A charter school may not charge tuition or fees, except those fees normally charged by
other public schools.
(3)
A charter school shall meet all applicable federal, state, and local health, safety, and
civil rights requirements.
(4)
(a)
A charter school shall:
(i)
make the same annual reports required of other public schools under this public
education code, including an annual financial audit report described in Section
53G-4-404
;
(ii)
ensure that the charter school meets the data and reporting standards described in
Section
53E-3-501
;
and
(iii)
beginning July 1, 2031, ensure the charter school uses a student information
system that meets the compliance requirements established under Section
53E-3-527;
(iv)
ensure that any employment contract with a charter school director includes the
provision required under Section 53E-3-527; and
(iii)
(v)
use fund and program accounting methods and standardized account codes
capable of producing financial reports that comply with:
(A)
generally accepted accounting principles;
(B)
the financial reporting requirements applicable to LEAs established by the
state board under Section
53E-3-501
; and
(C)
accounting report standards established by the state auditor as described in
Section
51-2a-301
.
(b)
Before, and as a condition for opening a charter school:
(i)
a charter school shall:
(A)
certify to the authorizer that the charter school's accounting methods meet the
requirements described in Subsection
(4)(a)(iii)
(4)(a)(v)
; or
(B)
if the authorizer requires, conduct a performance demonstration to verify that
the charter school's accounting methods meet the requirements described in
Subsection
(4)(a)(iii)
(4)(a)(v)
; and
(ii)
the authorizer shall certify to the state board that the charter school's accounting
methods meet the requirements described in Subsection
(4)(a)(iii)
(4)(a)(v)
.
(c)
A charter school shall file the charter school's annual financial audit report with the
Office of the State Auditor within six months of the end of the fiscal year.
(d)
For the limited purpose of compliance with federal and state law governing use of
public education funds, including restricted funds, and making annual financial audit
reports under this section, a charter school is a government entity governed by the
public education code.
(5)
(a)
A charter school shall be accountable to the charter school's authorizer for
performance as provided in the charter school's charter agreement.
(b)
To measure the performance of a charter school, an authorizer may use data
contained in:
(i)
the charter school's annual financial audit report;
(ii)
a report submitted by the charter school as required by statute; or
(iii)
a report submitted by the charter school as required by the charter school's
charter agreement.
(c)
A charter school authorizer may not impose performance standards, except as
permitted by statute, that limit, infringe, or prohibit a charter school's ability to
successfully accomplish the purposes of charter schools as provided in Section
53G-5-104
or as otherwise provided in law.
(6)
A charter school may not advocate unlawful behavior.
(7)
Except as provided in Section
53G-5-305
, a charter school shall be organized and
managed in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
Act, upon the charter school's authorization.
(8)
A charter school shall provide adequate liability and other appropriate insurance,
including:
(a)
general liability, errors and omissions, and directors and officers liability coverage
through completion of the closure of a charter school in accordance with Section
53G-5-504
; and
(b)
tail coverage or closeout insurance covering at least one year after closure of the
charter school.
(9)
A charter school may not employ an educator whose license is suspended or revoked by
the state board under Section
53E-6-604
.
(10)
(a)
Each charter school shall register and maintain the charter school's registration as
a limited purpose entity, in accordance with Section
67-1a-15
.
(b)
A charter school that fails to comply with Subsection
(10)(a)
or Section
67-1a-15
is
subject to enforcement by the state auditor, in accordance with Section
67-3-1
.
(c)
If a charter school is an operating charter school with affiliated satellite charter
schools, as defined in Section
53G-5-303
:
(i)
the operating charter school shall register as a limited purpose entity as defined in
Section
67-1a-15
;
(ii)
each affiliated satellite charter school is not required to register separately from
the operating charter school; and
(iii)
the operating charter school shall:
(A)
register on behalf of each affiliated satellite charter school; and
(B)
when submitting entity registry information in accordance with Section
67-1a-15
on behalf of each affiliated satellite charter school, identify and
distinguish registry information for each affiliated satellite, including the
address of each affiliated satellite charter school and the name and contact
information of a primary contact for each affiliated satellite charter school.
(11)
(a)
As used in this Subsection
(11)
, "contracting entity" means a person with which
a charter school contracts.
(b)
A charter school shall provide to the charter school's authorizer any information or
documents requested by the authorizer, including documents held by a subsidiary of
the charter school or a contracting entity:
(i)
to confirm the charter school's compliance with state or federal law governing the
charter school's finances or governance; or
(ii)
to carry out the authorizer's statutory obligations, including liquidation and
assignment of assets, and payment of debt in accordance with state board rule, as
described in Section
53G-5-504
.
(c)
A charter school shall comply with a request described in Subsection
(11)(b)
,
including after an authorizer recommends closure of the charter school or terminates
the charter school's contract.
(d)
Documents held by a contracting entity or subsidiary of a charter school that are
necessary to demonstrate the charter school's compliance with state or federal law are
the property of the charter school.
(e)
A charter school shall include in an agreement with a subsidiary of the charter school
or a contracting entity a provision that stipulates that documents held by the
subsidiary or a contracting entity, that are necessary to demonstrate the charter
school's financial compliance with federal or state law, are the property of the charter
school.
(12)
For each grading period and for each course in which a student is enrolled, a charter
school shall issue a grade or performance report to the student:
(a)
that reflects the student's work, including the student's progress based on mastery, for
the grading period; and
(b)
in accordance with the charter school's adopted grading or performance standards
and criteria.
(13)
(a)
As used in this Subsection
(13)
:
(i)
"Learning material" means any learning material or resource used to deliver or
support a student's learning, including textbooks, reading materials, videos, digital
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a charter school
governing board adopts and approves for use within the charter school.
(B)
"Instructional material" does not include learning material used in a
concurrent enrollment, advanced placement, or international baccalaureate
program or class, or another class with required instructional material that is
not subject to selection by the charter school governing board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a charter school governing board has not considered and adopted, approved, or
prohibited for classroom use within the charter school.
(b)
A charter school shall:
(i)
make instructional material that the charter school uses readily accessible and
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the charter school of how to
access the information described in Subsection
(13)(b)(i)
; and
(iii)
include on the charter school's website information about how to access the
information described in Subsection
(13)(b)(i)
.
(c)
In selecting and approving instructional materials for use in the classroom, a charter
school governing board shall:
(i)
establish an open process, involving educators and parents of students enrolled in
the charter school, to review and recommend instructional materials for board
approval; and
(ii)
ensure that under the process described in Subsection
(13)(c)(i)
, the charter
school governing board:
(A)
before the public meetings described in Subsection
(13)(c)(ii)(B)
, posts the
recommended learning materials online to allow for public review or, for
copyrighted material, makes the recommended learning material available at
the charter school for public review;
(B)
before adopting or approving the recommended instructional materials, holds
at least two public meetings on the recommendation that provide an
opportunity for educators whom the charter school employs and parents of
students enrolled in the charter school to express views and opinions on the
recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and
regular board meeting.
(d)
A charter school governing board shall adopt a supplemental materials policy that
provides flexible guidance to educators on the selection of supplemental materials or
resources that an educator reviews and selects for classroom use using the educator's
professional judgment, including whether any process or permission is required
before classroom use of the materials or resources.
(e)
If a charter school contracts with another party to provide online or digital materials,
the charter school shall include in the contract a requirement that the provider give
notice to the charter school any time that the provider makes a material change to the
content of the online or digital materials, excluding regular informational updates on
current events.
(f)
Nothing in this Subsection
(13)
requires a charter school governing board to review
all learning materials used within the charter school.
(14)
If information, data, or action from a charter school is necessary for the state board to
fulfill a statutory data gathering, compliance, or reporting requirement, a local school
board shall provide the relevant information, data, or action, subject to enforcement
under Section
53E-3-401
.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-27-26 6:19 PM