High School Activities Governance

45
52-4-103
53E-1-201
53E-3-1301
53E-3-1302
53E-3-1303
53G-7-1104
53G-6-703
53G-6-704
53G-6-705
53G-7-1101
53G-7-1102
53G-7-1106
63G-2-103
0
High School Activities Governance
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor:
LONG TITLE
General Description:
This bill establishes the Office of Interscholastic Activities within the State Board of
Education to govern interscholastic activities.
Highlighted Provisions:
This bill:
defines terms;
establishes the Office of Interscholastic Activities (office) within the State Board of
Education (state board) to govern interscholastic activities and provides the office's
duties;
allows the office to contract with a private association to carry out certain functions
regarding operation of interscholastic activities;
amends provisions regarding the scope of authority of an activities association;
establishes an advisory council and provides the council's duties;
requires reporting to the state board and the Education Interim Committee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
52-4-103
Effective
07/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53E-1-201
Effective
07/01/27
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
53G-6-703
Effective
07/01/27
, as last amended by Laws of Utah 2023, Chapter 340
53G-6-704
Effective
07/01/27
, as last amended by Laws of Utah 2023, Chapter 340
53G-6-705
Effective
07/01/27
, as last amended by Laws of Utah 2023, Chapter 340
53G-7-1101
Effective
07/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53G-7-1102
Effective
07/01/27
, as last amended by Laws of Utah 2025, Chapter 408
63G-2-103
Effective
07/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
ENACTS:
53E-3-1301
Effective
07/01/27
, Utah Code Annotated 1953
53E-3-1302
Effective
07/01/27
, Utah Code Annotated 1953
53E-3-1303
Effective
07/01/27
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53E-3-1304
Effective
07/01/27
, (Renumbered from 53G-7-1104, as last amended
by Laws of Utah 2019, Chapter 293)
REPEALS:
53G-7-1106
Effective
07/01/27
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
52-4-103
is amended to read:
52-4-103
Effective
07/01/27
. Definitions.
As used in this chapter:
(1)
"Anchor location" means:
(a)
the physical location where the public body conducting an electronic meeting under
Section
52-4-207
normally conducts meetings of the public body; or
(b)
a location other than the location described in Subsection
(1)(a)
that is reasonably as
accessible to the public as the location described in Subsection
(1)(a)
.
(2)
"Capitol hill complex" means the grounds and buildings within the area bounded by 300
North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt
Lake City.
(3)
"Electronic meeting" means a meeting that some or all public body members attend
through an electronic video, audio, or both video and audio connection, as provided in
Section
52-4-207
.
(4)
"Fiduciary or commercial information" means information:
(a)
related to any subject if disclosure:
(i)
would conflict with a fiduciary obligation; or
(ii)
is prohibited by insider trading provisions; or
(b)
that is commercial in nature including:
(i)
account owners or borrowers;
(ii)
demographic data;
(iii)
contracts and related payments;
(iv)
negotiations;
(v)
proposals or bids;
(vi)
investments;
(vii)
management of funds;
(viii)
fees and charges;
(ix)
plan and program design;
(x)
investment options and underlying investments offered to account owners;
(xi)
marketing and outreach efforts;
(xii)
financial plans; or
(xiii)
reviews and audits.
(5)
"Meeting" means a gathering:
(a)
of a public body or specified body;
(b)
with a quorum present; and
(c)
that is convened:
(i)
by an individual:
(A)
with authority to convene the public body or specified body; and
(B)
following the process provided by law for convening the public body or
specified body; and
(ii)
for the express purpose of acting as a public body or specified body to:
(A)
receive public comment about a relevant matter;
(B)
deliberate about a relevant matter; or
(C)
take action upon a relevant matter.
(6)
"Participate" means the ability to communicate with all of the members of a public
body, either verbally or electronically, so that each member of the public body can hear
or observe the communication.
(7)
(a)
"Public body" means:
(i)
any administrative, advisory, executive, or legislative body of the state or its
political subdivisions that:
(A)
is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B)
consists of two or more individuals;
(C)
expends, disburses, or is supported in whole or in part by tax revenue; and
(D)
is vested with the authority to make decisions regarding the public's business;
or
(ii)
any administrative, advisory, executive, or policymaking body of an association,
as that term is defined in Section
53G-7-1101
, that:
(A)
consists of two or more individuals;
(B)
expends, disburses, or is supported in whole or in part by dues paid by a
public school or whose employees participate in a benefit or program described
in Title
49, Utah State Retirement and Insurance Benefit Act
; and
(C)
is
may be
vested with authority to make decisions regarding the participation
of a public school or student in an interscholastic activity, as that term is
defined in Section
53G-7-1101
53E-3-1301
.
(b)
"Public body" includes:
(i)
an interlocal entity or joint or cooperative undertaking, as those terms are defined
in Section
11-13-103
, except for the Water District Water Development Council
created
pursuant to
in accordance with
Section
11-13-228
;
(ii)
a governmental nonprofit corporation as that term is defined in Section
11-13a-102
;
(iii)
the Utah Independent Redistricting Commission; and
(iv)
a project entity, as that term is defined in Section
11-13-103
.
(c)
"Public body" does not include:
(i)
a political party, a political group, or a political caucus;
(ii)
a conference committee, a rules committee, a sifting committee, or an
administrative staff committee of the Legislature;
(iii)
a school community council or charter trust land council, as that term is defined
in Section
53G-7-1203
;
(iv)
a taxed interlocal entity, as that term is defined in Section
11-13-602
, if the taxed
interlocal entity is not a project entity;
(v)
the following Legislative Management subcommittees, which are established in
Section
36-12-8
, when meeting for the purpose of selecting or evaluating a
candidate to recommend for employment, except that the meeting in which a
subcommittee votes to recommend that a candidate be employed shall be subject
to the provisions of this act:
(A)
the Research and General Counsel Subcommittee;
(B)
the Budget Subcommittee; and
(C)
the Audit Subcommittee; or
(vi)
a search committee that selects finalists for a position as an institution of higher
education president under Section
53H-3-302
.
(8)
"Public statement" means a statement made in the ordinary course of business of the
public body with the intent that all other members of the public body receive it.
(9)
"Quorum" means a simple majority of the membership of a public body, unless
otherwise defined by applicable law.
(10)
"Recording" means an audio, or an audio and video, record of the proceedings of a
meeting that can be used to review the proceedings of the meeting.
(11)
(a)
"Relevant matter" means a matter that is within the scope of the authority of a
public body or specified body.
(b)
"Relevant matter" does not include, for a public body with both executive and
legislative responsibilities, a managerial or operational matter.
(12)
"Specified body":
(a)
means an administrative, advisory, executive, or legislative body that:
(i)
is not a public body;
(ii)
consists of three or more members; and
(iii)
includes at least one member who is:
(A)
a legislator; and
(B)
officially appointed to the body by the president of the Senate, speaker of the
House of Representatives, or governor; and
(b)
does not include a body listed in Subsection
(7)(c)(ii)
or
(7)(c)(v)
.
Section 2. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/27
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-3-1304
by the state board regarding
interscholastic activities;
(i)
(j)
the report described in Section
53E-8-204
by the state board on the Utah Schools
for the Deaf and the Blind;
(j)
(k)
the report described in Section
53E-10-703
by the Utah Leading through
Effective, Actionable, and Dynamic Education director on research and other
activities;
(k)
(l)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
(m)
the report described in Section
53F-4-203
by the state board and the
independent evaluator on an evaluation of early interactive reading software;
(m)
(n)
the report described in Section
53F-6-412
by the program manager of the Utah
Fits All Scholarship Program;
(n)
(o)
the report described in Section
63N-20-107
by the Governor's Office of
Economic Opportunity on UPSTART;
(o)
(p)
the report described in Section
53F-5-215
by the state board related to a grant
for an elementary teacher preparation assessment;
(p)
(q)
upon request, the report described in Section
53F-5-219
by the state board on
the Local Innovations Civics Education Pilot Program;
(q)
(r)
the report described in Section
53F-5-405
by the state board regarding an
evaluation of a partnership that receives a grant to improve educational outcomes for
students who are low-income;
(r)
(s)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
(t)
the report described in Section
53G-7-221
by the state board regarding
innovation plans; and
(t)
(u)
the reports described in Section
53F-6-412
regarding the Utah Fits All
Scholarship Program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
if required, the report described in Section
53E-4-309
by the state board explaining
the reasons for changing the grade level specification for the administration of
specific assessments;
(d)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
if required, the report described in Section
53F-2-513
by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in
high-poverty schools;
(g)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
the reports described in Section
53G-11-304
by the state board regarding proposed
rules and results related to educator exit surveys; and
(j)
the report described in Section
26B-5-113
by the Office of Substance Use and Mental
Health, the state board, and the Department of Health and Human Services regarding
recommendations related to Medicaid reimbursement for school-based health
services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027, Title
53E, Chapter 10, Part 3
, Concurrent Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success Account;
(h)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student Success
Program; and
(i)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 3. Section
53E-3-1301
is enacted to read:
53E-3-1301
Effective
07/01/27
. Definitions.
As used in this part:
(1)
"Advisory council" means the Interscholastic Activities Advisory Council that Section
53E-3-1303
creates.
(2)
"Alignment" means the initial or subsequent act, respectively, of assigning a public
school a classification or region for purposes of organizing interscholastic activities.
(3)
"Association" means the same as that term is defined in Section
53G-7-1101
.
(4)
"Classification" means the designation of a school based on the size of the school's
student enrollment population for purposes of interscholastic activities.
(5)
"Director" means the director of interscholastic activities who serves as the director of
the office.
(6)
"Eligibility" means a student's qualification to participate in an interscholastic activity.
(7)
"Interscholastic activity" means an activity within the state in which:
(a)
a student who participates represents the student's school in the activity; and
(b)
the participating student is enrolled in grade 9, 10, 11, or 12.
(8)
"Office" means the Office of Interscholastic Activities that section
53E-3-1302
creates.
(9)
"Region" means a grouping of schools of the same classification for purposes of
interscholastic activities.
Section 4. Section
53E-3-1302
is enacted to read:
53E-3-1302
Effective
07/01/27
. Office of Interscholastic Activities -- Scope of
governance authority -- Director.
(1)
This section creates the Office of Interscholastic Activities as an agency of the state
board.
(2)
(a)
The office shall govern interscholastic activities within the state, including:
(i)
establishing rules and policies regarding:
(A)
student eligibility;
(B)
transfers;
(C)
recruiting;
(D)
classification and alignment;
(E)
student practice and participation;
(F)
post-season standards;
(G)
logistical operation; and
(H)
other issues necessary to the operation and governance of interscholastic
activities; and
(ii)
providing for the organization and classification of schools competing in
interscholastic activities.
(b)
The office shall:
(i)
facilitate the drafting of rules described in Subsection
(2)(a)
;
(ii)
in coordination with the Office of the Attorney General or a neutral third-party
who has not previously assisted an association with appeals, facilitate advisory
council hearings on appeals described in Subsection
53E-3-1303(3)(b)
;
(iii)
control all public and media communications regarding an interscholastic
activity;
(iv)
facilitate the advisory council's analysis and adoption of classification models;
(v)
conduct audits and compliance reviews, including mechanisms for receiving,
investigating, and addressing alleged violations of interscholastic activity rules;
and
(vi)
facilitate advisory council hearings and stakeholder town halls.
(c)
(i)
The office may contract with an association through a memorandum of
understanding to manage day-to-day operations regarding interscholastic activities
that do not relate to the creation of rules described in this part or appeals.
(ii)
The office shall ensure that a memorandum of understanding described in
Subsection
(2)(c)(i)
addresses responsibilities regarding:
(A)
scheduling events, including regular season and post-season events;
(B)
managing venue logistics and tournament staffing;
(C)
maintaining a system for recruitment, training, and assignment of activity
officials;
(D)
training for athletic directors, coaches, and school liaisons; and
(E)
submitting implementation reports and compliance updates to the office and
the state board, including an annual financial statement that includes the total
revenue and operational costs of the association.
(iii)
The office shall:
(A)
review and, if necessary, modify the memorandum of understanding described
in this Subsection
(2)(c)
at least once every four years; and
(B)
submit the memorandum of understanding to the state board for review.
(3)
(a)
The state board shall:
(i)
as the state board determines necessary, establish committees, policies, or
processes necessary to the function and oversight of the office;
(ii)
appoint a director of interscholastic activities who serves as the director of the
office; or
(iii)
authorize the state superintendent to appoint and supervise the director described
in Subsection
(3)(a)(ii)
, under the approval of the state board.
(b)
The state board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, regarding the qualifications, terms of employment,
and duties of the director.
(4)
Subject to legislative appropriations and to state board budgeting, the director may hire
staff necessary to carry out the functions of the office.
Section 5. Section
53E-3-1303
is enacted to read:
53E-3-1303
Effective
07/01/27
. Interscholastic Activities Advisory Council.
(1)
This section creates the Interscholastic Activities Advisory Council.
(2)
The director, subject to the approval of the state board, shall organize a public advisory
council that includes
:
(a)
members from public and private schools that participate in interscholastic activities;
(b)
athletic directors;
(c)
coaches;
(d)
parents;
(e)
at least one student athlete; and
(f)
if the office contracts with an association in accordance with Subsection
53E-3-1302(2)(c)
, a representative of the association.
(3)
Under the direction of the director and the office, the advisory council shall:
(a)
subject to modification or rejection by the state board, draft and adopt the rules
described in Subsection
53E-3-1302(2)(a)
, including:
(i)
eligibility policies that reflect the most inclusive possible interpretation of student
circumstances, mobility, and school choice;
(ii)
transfer policies that create minimal friction, honoring the principle that students
and families may transfer for many valid reasons; and
(iii)
exceptions or restrictions in the rural alignment track described in Subsection
(3)(c)(iii)
where student movement is less common;
(b)
resolve appeals regarding the application of a rule described in Subsection
(3)(a)
;
(c)
subject to modification or rejection by the state board, analyze and adopt
classification models for regions that:
(i)
include:
(A)
each year, minor modifications as necessary; and
(B)
no sooner than once every four years, a third-party contracted classification
model to assess travel logistics, historical performance, and enrollment
volatility;
(ii)
prioritize a competitive balance above raw population size and geography; and
(iii)
considers the creation of:
(A)
a rural alignment track that follows traditional classification and transfer
policies and acknowledges geographical distance and limited access; and
(B)
an urban alignment track that adopts an expansive and fluid model for
transfers and alignment, reflecting modern student mobility; and
(d)
in conjunction with the office, hold hearings and town halls regarding:
(i)
interscholastic activities;
(ii)
the duties described in this section; and
(iii)
the duties of the office described in Section
53E-3-1303
.
(4)
A member of the advisory council may not receive compensation or benefits for the
member's service but may receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
Section 6. Section
53E-3-1304
, which is renumbered from Section 53G-7-1104 is renumbered
and amended to read:
53G-7-1104
53E-3-1304
Effective
07/01/27
. Reporting requirements.
(1)
An
Before August 1 of each year, the
association shall provide a verbal report,
accompanied by a written report,
annually
to the state board, including:
(1)
(a)
the association's annual budget in accordance with Section
53G-7-1105
;
(2)
(b)
a schedule of events scheduled or facilitated by the association;
(3)
(c)
procedures for alignment or realignment;
(4)
(d)
any amendments or changes to the association's governing document or bylaws;
and
(5)
(e)
any other information requested by the state board.
(2)
The state board shall annually report to the Education Interim Committee, at or before
the committee's November interim meeting, regarding:
(a)
eligibility appeals data;
(b)
financial transparency;
(c)
realignment models and maps;
(d)
the performance of the office; and
(e)
a review of a memorandum of understanding described in Subsection
53E-3-1302(2)(b)
.
Section 7. Section
53G-6-703
is amended to read:
53G-6-703
Effective
07/01/27
. Private school and home school students'
participation in extracurricular activities in a public school.
(1)
As used in this section:
(a)
"Academic eligibility requirements" means the academic eligibility requirements that
a home school student is required to meet to participate in an extracurricular activity
in a public school.
(b)
"Association" means the same as that term is defined in Section
53G-7-1101
.
(c)
"Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
(d)
"Initial establishment of eligibility requirements" means
an association's
the

eligibility requirements, policies, procedures, and transfer rules
of the Office of
Interscholastic Activities described in Section
53E-3-1302
that a school student in
grade 9 or 10 must meet, and to which the student is bound, to participate on a high
school sports team when the student:
(i)
attends the high school in which the student is selected for membership on a high
school sports team; or
(ii)
does not attend the high school in which the student tries out for and is selected
for membership on a high school sports team.
(e)
"Minor" means the same as that term is defined in Section
53G-6-201
.
(f)
"Parent" means the same as that term is defined in Section
53G-6-201
.
(g)
"Principal" means the principal of the school in which a home school student
participates or intends to participate in an extracurricular activity.
(2)
(a)
A minor who is enrolled in a private school or a home school is eligible to
participate in an extracurricular activity at a public school as provided in this section.
(b)
A private school student may only participate in an extracurricular activity at a
public school that is not offered by the student's private school.
(c)
(i)
Except as provided in Subsection
(2)(d)
, a private school student or a home
school student may only participate in an extracurricular activity at:
(A)
the school with attendance boundaries within which the student's custodial
parent resides; or
(B)
the school from which the student withdrew for the purpose of attending a
private or home school.
(ii)
A private school student or a home school student retains the ability to participate
in an extracurricular activity at a school described in Subsection
(2)(c)(i)
if the
student did not initially establish the student's eligibility at another school in grade
9 or 10.
(d)
A school other than a school described in Subsection
(2)(c)(i)
may allow a private
school student or a home school student to participate in an extracurricular activity
that the public school sponsors and supports if:
(i)
for an interscholastic competition of athletic teams, the private school student or
the home school student meets the initial establishment of eligibility requirements;
(ii)
for an interscholastic contest or competition for music, drama, or forensic groups
or teams, the private school student, subject to Subsection
(2)(b)
, or the home
school student meets the entry requirements for participation;
(iii)
the private school student or the home school student meets the eligibility
requirements under this section; and
(iv)
the private school student or the home school student meets the enrollment
requirements for public school in accordance with
Part 4, School District
Enrollment
.
(3)
(a)
Except as provided in Subsections
(4)
through
(13)
, a private school student or a
home school student is eligible to participate in an extracurricular activity at a public
school consistent with eligibility standards:
(i)
applied to a fully enrolled public school student;
(ii)
of the public school where the private school student or the home school student
participates in an extracurricular activity; and
(iii)
for the extracurricular activity in which the private school or the home school
student participates.
(b)
A school district or public school may not impose additional requirements on a
private school student or a home school student to participate in an extracurricular
activity that are not imposed on a fully enrolled public school student.
(c)
(i)
A private school student or a home school student who participates in an
extracurricular activity at a public school shall pay the same fees as required of a
fully enrolled public school student to participate in an extracurricular activity.
(ii)
If a local school board or a charter school governing board imposes a mandatory
student activity fee for a student enrolled in a public school, the fee may be
imposed on a private school student or a home school student who participates in
an extracurricular activity at the public school if the same benefits of paying the
mandatory student activity fee that are available to a fully enrolled public school
student are available to a private school student or a home school student who
participates in an extracurricular activity at the public school.
(4)
Eligibility requirements based on school attendance are not applicable to a home school
student.
(5)
A home school student meets academic eligibility requirements to participate in an
extracurricular activity if:
(a)
the student is mastering the material in each course or subject being taught; and
(b)
the student is maintaining satisfactory progress towards achievement or promotion.
(6)
(a)
To establish a home school student's academic eligibility, a parent, teacher, or
organization providing instruction to the student shall submit an affidavit to the
principal indicating the student meets academic eligibility requirements.
(b)
Upon submission of an affidavit pursuant to Subsection
(6)(a)
, a home school student
shall:
(i)
be considered to meet academic eligibility requirements; and
(ii)
retain academic eligibility for all extracurricular activities during the activity
season for which the affidavit is submitted, until:
(A)
a panel established under Subsection
(10)
determines the home school student
does not meet academic eligibility requirements; or
(B)
the person who submitted the affidavit under Subsection
(6)(a)
provides
written notice to the school principal that the student no longer meets academic
eligibility requirements.
(7)
(a)
A home school student who loses academic eligibility pursuant to Subsection
(6)(b)(ii)(B)
may not participate in an extracurricular activity until the person who
submitted the affidavit under Subsection
(6)(a)
provides written notice to the school
principal that the home school student has reestablished academic eligibility.
(b)
If a home school student reestablishes academic eligibility pursuant to Subsection
(7)(a)
, the home school student may participate in extracurricular activities for the
remainder of the activity season for which an affidavit was submitted under
Subsection
(6)(a)
.
(8)
A person who has probable cause to believe a home school student does not meet
academic eligibility requirements may submit an affidavit to the principal:
(a)
asserting the home school student does not meet academic eligibility requirements;
and
(b)
providing information indicating that the home school student does not meet the
academic eligibility requirements.
(9)
A principal shall review the affidavit submitted under Subsection
(8)
, and if the
principal determines it contains information which constitutes probable cause to believe
a home school student may not meet academic eligibility requirements, the principal
shall request a panel established pursuant to Subsection
(10)
to verify the student's
compliance with academic eligibility requirements.
(10)
(a)
A school district superintendent shall:
(i)
appoint a panel of three individuals to verify a home school student's compliance
with academic eligibility requirements when requested by a principal pursuant to
Subsection
(9)
; and
(ii)
select the panel members from nominees submitted by national, state, or regional
organizations whose members are home school students and parents.
(b)
Of the members appointed to a panel under Subsection
(10)(a)
:
(i)
one member shall have experience teaching in a public school as a licensed
teacher and in home schooling high school-age students;
(ii)
one member shall have experience teaching in a higher education institution and
in home schooling; and
(iii)
one member shall have experience in home schooling high school-age students.
(11)
A panel appointed under Subsection
(10)
:
(a)
shall review the affidavit submitted under Subsection
(8)
;
(b)
may confer with the person who submitted the affidavit under Subsection
(8)
;
(c)
shall request the home school student to submit test scores or a portfolio of work
documenting the student's academic achievement to the panel;
(d)
shall review the test scores or portfolio of work; and
(e)
shall determine whether the home school student meets academic eligibility
requirements.
(12)
A home school student who meets academic eligibility requirements pursuant to
Subsection
(11)
, retains academic eligibility for all extracurricular activities during the
activity season for which an affidavit is submitted pursuant to Subsection
(6)
.
(13)
(a)
A panel's determination that a home school student does not comply with
academic eligibility requirements is effective for an activity season and all
extracurricular activities that have academic eligibility requirements.
(b)
A home school student who is not in compliance with academic eligibility
requirements as determined by a panel appointed under Subsection
(11)
may seek to
establish academic eligibility under this section for the next activity season.
(14)
(a)
A public school student who has been declared to be academically ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home
school shall lose eligibility for participation in the extracurricular activity until the
student:
(i)
demonstrates academic eligibility by providing test results or a portfolio of the
student's work to the school principal, provided that a student may not reestablish
academic eligibility under this Subsection
(14)(a)
during the same activity season
in which the student was declared to be academically ineligible;
(ii)
returns to public school and reestablishes academic eligibility; or
(iii)
enrolls in a private school and establishes academic eligibility.
(b)
A public school student who has been declared to be behaviorally ineligible to
participate in an extracurricular activity and who subsequently enrolls in a home
school shall lose eligibility for participation in the extracurricular activity until the
student meets eligibility standards as provided in Subsection
(3)
.
(15)
When selection to participate in an extracurricular activity at a public school is made
on a competitive basis, a private school student or a home school student is eligible to
try out for and participate in the activity as provided in this section.
(16)
(a)
If a student exits a public school to enroll in a private school or a home school
mid-semester or during an activity season, and the student desires to participate in an
extracurricular activity at the public school, the public school shall issue an interim
academic assessment based on the student's work in each class.
(b)
A student's academic eligibility to participate in an extracurricular activity under the
circumstances described in Subsection
(16)(a)
is dependent on the student meeting
public school academic eligibility standards at the time of exiting public school.
(c)
A student may appeal an academic eligibility determination made under Subsection
(16)(b)
in accordance with procedures for appealing a public school student's
academic eligibility.
Section 8. Section
53G-6-704
is amended to read:
53G-6-704
Effective
07/01/27
. Charter school students' participation in
extracurricular activities at other public schools.
(1)
As used in this section:
(a)
"Association" means the same as that term is defined in Section
53G-7-1101
.
(b)
(a)
"Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
(c)
(b)
"Initial establishment of eligibility requirements" means the same as that term is
defined in Section
53G-6-703
.
(2)
A charter school student is eligible to participate in an extracurricular activity not
offered by the student's charter school at:
(a)
the school with attendance boundaries within which the student's custodial parent
resides, if, for an interscholastic competition of athletic teams, the student did not
initially establish the student's eligibility at another public school in grade 9 or 10;
(b)
the public school from which the student withdrew for the purpose of attending a
charter school; or
(c)
a public school that is not a charter school if the student's charter school is located on
the campus of the public school or has local school board approval to locate on the
campus of the public school.
(3)
In addition to the public schools listed in Subsection
(2)
, the state board may establish
rules to allow a charter school student to participate in an extracurricular activity at a
public school other than a public school listed in Subsection
(2)
.
(4)
A school other than a school described in Subsection
(2)
may allow a charter school
student to participate in an extracurricular activity a public school sponsors and supports
if:
(a)
for interschool competitions of athletic teams, the charter school student meets the
initial establishment of eligibility requirements;
(b)
for interschool contests or competitions for music, drama, or forensic groups or
teams, the charter school student meets the entry requirements for participation;
(c)
the charter school student meets the eligibility requirements under this section; and
(d)
the charter school student meets the enrollment requirements for public school in
accordance with
Part 4, School District Enrollment
.
(5)
A charter school student is eligible for an extracurricular activity at a public school
consistent with eligibility standards as applied to full-time students of the public school.
(6)
A school district or a public school may not impose additional requirements on a charter
school student to participate in an extracurricular activity that are not imposed on
full-time students of the public school.
(7)
(a)
The state board shall make rules establishing fees for charter school students'
participation in an extracurricular activity at school district schools.
(b)
The rules shall provide that:
(i)
charter school students pay the same fees as other students to participate in an
extracurricular activity;
(ii)
charter school students are eligible for fee waivers pursuant to Section
53G-7-504
;
(iii)
for each charter school student who participates in an extracurricular activity at a
school district school, the charter school shall pay a share of the school district's
costs for the extracurricular activity; and
(iv)
a charter school's share of the costs of an extracurricular activity shall reflect
state and local tax revenues expended, except capital facilities expenditures, for an
extracurricular activity in a school district or a school divided by total student
enrollment of the school district or the school.
(c)
In determining a charter school's share of the costs of an extracurricular activity
under Subsections
(7)(b)(iii)
and
(iv)
, the state board may establish uniform fees
statewide based on average costs statewide or average costs within a sample of
school districts.
(8)
When selection to participate in an extracurricular activity at a public school is made on
a competitive basis, a charter school student is eligible to try out for and participate in
the activity as provided in this section.
Section 9. Section
53G-6-705
is amended to read:
53G-6-705
Effective
07/01/27
. Online students' participation in extracurricular
activities.
(1)
As used in this section:
(a)
"Association" means the same as that term is defined in Section
53G-7-1101
.
(b)
(a)
"Extracurricular activity" means the same as that term is defined in Section
53G-7-501
.
(c)
(b)
"Initial establishment of eligibility requirements" means the same as that term is
defined in Section
53G-6-703
.
(d)
(c)
"Online education" means the use of information and communication
technologies to deliver educational opportunities to a student in a location other than
a school.
(e)
(d)
"Online student" means a student who:
(i)
participates in an online education program sponsored or supported by the state
board, a school district, or a charter school; and
(ii)
generates funding for the school district or the school pursuant to Subsection
53F-2-102(4)
and rules of the state board.
(2)
An online student is eligible to participate in an extracurricular activity at:
(a)
the school with attendance boundaries within which the student's custodial parent
resides, if, for an interscholastic competition of athletic teams, the student did not
initially establish the student's eligibility at another public school in grade 9 or 10; or
(b)
the public school from which the student withdrew for the purpose of participating in
an online education program.
(3)
A public school other than a school described in Subsection
(2)
may allow an online
student to participate in an extracurricular activity that the public school sponsors and
supports if:
(a)
for interschool competitions of athletic teams sponsored and supported by a public
school, the online school student meets the initial establishment of eligibility
requirements;
(b)
for interschool contests or competitions for music, drama, or forensic groups or
teams sponsored and supported by a public school, the online school student meets
the entry requirements for participation;
(c)
the online school student meets the eligibility requirements under this section; and
(d)
the online school student meets the enrollment requirements for public school in
accordance with
Part 4, School District Enrollment
.
(4)
An online student is eligible to participate in an extracurricular activity at a public
school consistent with eligibility standards as applied to full-time students of the public
school.
(5)
A school district or public school may not impose additional requirements on an online
school student to participate in an extracurricular activity that are not imposed on
full-time students of the public school.
(6)
(a)
The state board shall make rules establishing fees for an online school student's
participation in an extracurricular activity at school district schools.
(b)
The rules shall provide that:
(i)
online school students pay the same fees as other students to participate in an
extracurricular activity;
(ii)
online school students are eligible for fee waivers pursuant to Section
53G-7-504
;
(iii)
for each online school student who participates in an extracurricular activity at a
school district school, the online school shall pay a share of the school district's
costs for the extracurricular activity; and
(iv)
an online school's share of the costs of an extracurricular activity shall reflect
state and local tax revenues expended, except capital facilities expenditures, for an
extracurricular activity in a school district or school divided by total student
enrollment of the school district or school.
(c)
In determining an online school's share of the costs of an extracurricular activity
under Subsections
(6)(b)(iii)
and
(iv)
, the state board may establish uniform fees
statewide based on average costs statewide or average costs within a sample of
school districts.
(7)
When selection to participate in an extracurricular activity at a public school is made on
a competitive basis, an online student is eligible to try out for and participate in the
activity as provided in this section.
Section 10. Section
53G-7-1101
is amended to read:
53G-7-1101
Effective
07/01/27
. Definitions.
As used in this part:
(1)
"Alignment" or "realignment" means the
initial or subsequent act, respectively, of
assigning a public school a classification or region
same as that term is defined in
Section
53E-3-1301
.
(2)
"Appeals panel" means the appeals panel created in Section
53G-7-1106
.
(3)
(2)
(a)
"Association" means an organization that
governs or regulates a student's
participation in an
facilitates the operation of
athletic interscholastic
activity
activities in accordance with a memorandum of understanding with the Office of
Interscholastic Activities described in Subsection
53E-3-1302(2)(c)
.
(b)
"Association" does not include an institution of higher education described in
Section
53H-1-102
.
(4)
(3)
"Classification" means
the designation of a school based on the size of the school's
student enrollment population for purposes of interscholastic activities
the same as that
term is defined in Section
53E-3-1301
.
(5)
(4)
"Eligibility" means
eligibility to participate in an interscholastic activity regulated
or governed by an association
the same as that term is defined in Section
53E-3-1301
.
(6)
(5)
"Governing body" means a body within an association that:
(a)
is responsible for:
(i)
adopting standards or policies that govern
the organization and operation of
interscholastic activities or the administration of the association;
(ii)
adopting or amending the association's governing document or bylaws;
(iii)
enforcing the standards and policies of the association; and
(iv)
adopting the association's budget; and
(b)
has oversight of other boards, committees, councils, or bodies within the association.
(7)
(6)
"Interscholastic activity" means
an activity within the state in which:
the same as
that term is defined in Section
53E-3-1301
.
(a)
a student that participates represents the student's school in the activity; and
(b)
the participating student is enrolled in grade 9, 10, 11, or 12.
(8)
(7)
"Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(9)
(8)
"Region" means
a grouping of schools of the same classification for purposes of
interscholastic activities
the same as that term is defined in Section
53E-3-1301
.
Section 11. Section
53G-7-1102
is amended to read:
53G-7-1102
Effective
07/01/27
. Public schools prohibited from membership.
(1)
A public school may not be a member of or pay dues to an association that:
(a)
operates outside a memorandum of understanding described in Subsection
53E-3-1302(2)(c)
;
(a)
(b)
is not in compliance with:
(i)
this part;
(ii)
Title 52, Chapter 4, Open and Public Meetings Act;
(iii)
Title 63G, Chapter 2, Government Records Access and Management Act; and
(iv)
Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
or
(b)
(c)
to the extent the memorandum of understanding described in Subsection
53E-3-1302(2)(c)
authorizes
the association's involvement:
(i)
does not collect each student's unamended birth certificate, as that term is defined
in Section
53G-6-1001
, or subject to Subsection
(3)
, equivalent documentation, as
described in Subsection
(2)(a)
, to determine eligibility as a condition of the
association's registration process for an athletic team, event, or category; or
(c)
(ii)
does not require a student to provide the student's date of birth and sex as a
condition of the registration process for an athletic team, event, or category.
(2)
(a)
For a student who is not a United States citizen and who is unable to provide an
unamended birth certificate, as that term is defined in Section
53G-6-1001
, the
association may collect the student's:
(i)
state-issued identification document, including a driver's license or passport; or
(ii)
federally recognized identification document, including a document that the
Department of Homeland Security issues.
(b)
If a student who is not a United States citizen is unable to provide a document under
Subsection
(2)(a)
, the association may collect other reliable proof of a student's date
of birth and sex, including:
(i)
an affidavit from the student's parent or legal guardian attesting:
(A)
to the student's date of birth and sex; and
(B)
that the parent or legal guardian is unable to obtain a document described in
Subsection
(2)(a)
; and
(ii)
one of the following:
(A)
a religious, hospital, or physician certificate;
(B)
verified school records;
(C)
verified immunization records; or
(D)
documentation from a social service provider.
(3)
(a)
Subsection
(1)(b)
(1)(c)(i)
does not apply to an association for a student who is a
homeless child or youth, as defined in the McKinney-Vento Homeless Assistance
Act, 42 U.S.C. Sec. 11431 et seq.
(b)
For a student who is a homeless child or youth, including an unaccompanied
homeless child or youth, an association may collect:
(i)
an affidavit from the student's parent or guardian, or the student if the student is an
unaccompanied homeless child or youth, indicating that the student does not meet
the necessary requirements to obtain a document described in Subsection
(2)(a)
;
and
(ii)
a document described in Subsection
(2)(b)(ii)
.
(4)
Nothing in this section limits or impairs an LEA's requirement to verify a student's
initial review of eligibility to participate in an athletic team, event, or category under
applicable state or federal law or state board rule, including the student's:
(a)
residency status;
(b)
age;
(c)
sex, verified by the student's unamended birth certificate, as that term is defined in
Section
53G-6-1001
;
(d)
academic requirements; or
(e)
school enrollment capacity.
(5)
Unless otherwise specified, an association's compliance with or an association employee
or officer's compliance with the provisions described in Subsection
(1)
does not alter:
(a)
the association's public or private status; or
(b)
the public or private employment status of the employee or officer.
(6)
A power described in this part applies to the extent a memorandum of understanding
described in Section
53E-3-1302
involves an association in the operation of
interscholastic activities.
Section 12. Section
63G-2-103
is amended to read:
63G-2-103
Effective
07/01/27
. Definitions.
As used in this chapter:
(1)
"Audit" means:
(a)
a systematic examination of financial, management, program, and related records for
the purpose of determining the fair presentation of financial statements, adequacy of
internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes
and regulations.
(2)
"Chief administrative officer" means the chief administrative officer of a governmental
entity who is responsible to fulfill the duties described in Section
63A-12-103
.
(3)
"Chronological logs" mean the regular and customary summary records of law
enforcement agencies and other public safety agencies that show:
(a)
the time and general nature of police, fire, and paramedic calls made to the agency;
and
(b)
any arrests or jail bookings made by the agency.
(4)
"Classification," "classify," and their derivative forms mean determining whether a
record series, record, or information within a record is public, private, controlled,
protected, or exempt from disclosure under Subsection
63G-2-201(3)(b)
.
(5)
(a)
"Computer program" means:
(i)
a series of instructions or statements that permit the functioning of a computer
system in a manner designed to provide storage, retrieval, and manipulation of
data from the computer system; and
(ii)
any associated documentation and source material that explain how to operate the
computer program.
(b)
"Computer program" does not mean:
(i)
the original data, including numbers, text, voice, graphics, and images;
(ii)
analysis, compilation, and other manipulated forms of the original data produced
by use of the program; or
(iii)
the mathematical or statistical formulas, excluding the underlying mathematical
algorithms contained in the program, that would be used if the manipulated forms
of the original data were to be produced manually.
(6)
(a)
"Contractor" means:
(i)
any person who contracts with a governmental entity to provide goods or services
directly to a governmental entity; or
(ii)
any private, nonprofit organization that receives funds from a governmental entity.
(b)
"Contractor" does not mean a private provider.
(7)
"Controlled record" means a record containing data on individuals that is controlled as
provided by Section
63G-2-304
.
(8)
"Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's
review of a reasonable sample of a record series, the primary classification that a
majority of records in a record series would be given if classified and the classification
that other records typically present in the record series would be given if classified.
(9)
"Elected official" means each person elected to a state office, county office, municipal
office, school board or school district office, special district office, or special service
district office, but does not include judges.
(10)
"Explosive" means a chemical compound, device, or mixture:
(a)
commonly used or intended for the purpose of producing an explosion; and
(b)
that contains oxidizing or combustive units or other ingredients in proportions,
quantities, or packing so that:
(i)
an ignition by fire, friction, concussion, percussion, or detonator of any part of the
compound or mixture may cause a sudden generation of highly heated gases; and
(ii)
the resultant gaseous pressures are capable of:
(A)
producing destructive effects on contiguous objects; or
(B)
causing death or serious bodily injury.
(11)
"Government audit agency" means any governmental entity that conducts an audit.
(12)
(a)
"Governmental entity" means:
(i)
executive department agencies of the state, the offices of the governor, lieutenant
governor, state auditor, attorney general, and state treasurer, the Board of Pardons
and Parole, the Board of Examiners, the National Guard, the Career Service
Review Office, the State Board of Education, the Utah Board of Higher
Education, and the State Archives;
(ii)
the Office of the Legislative Auditor General, Office of the Legislative Fiscal
Analyst, Office of Legislative Research and General Counsel, the Legislature, and
legislative committees, except any political party, group, caucus, or rules or sifting
committee of the Legislature;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(v)
any political subdivision of the state, but, if a political subdivision has adopted an
ordinance or a policy relating to information practices pursuant to Section
63G-2-701
, this chapter shall apply to the political subdivision to the extent
specified in Section
63G-2-701
or as specified in any other section of this chapter
that specifically refers to political subdivisions.
(b)
"Governmental entity" also means:
(i)
every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsection
(12)(a)
that is funded or established
by the government to carry out the public's business;
(ii)
as defined in Section
11-13-103
, an interlocal entity or joint or cooperative
undertaking, except for the Water District Water Development Council created
pursuant to Section
11-13-228
;
(iii)
as defined in Section
11-13a-102
, a governmental nonprofit corporation;
(iv)
an association as defined in Section
53G-7-1101
;
(v)
the Utah Independent Redistricting Commission; and
(vi)
a law enforcement agency, as defined in Section
53-1-102
, that employs one or
more law enforcement officers, as defined in Section
53-13-103
.
(c)
"Governmental entity" does not include the Utah Educational Savings Plan created in
Section
53H-10-202
.
(13)
"Government Records Office" means the same as that term is defined in Section
63A-12-201
.
(14)
"Gross compensation" means every form of remuneration payable for a given period to
an individual for services provided including salaries, commissions, vacation pay,
severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and
any similar benefit received from the individual's employer.
(15)
"Individual" means a human being.
(16)
(a)
"Initial contact report" means an initial written or recorded report, however
titled, prepared by peace officers engaged in public patrol or response duties
describing official actions initially taken in response to either a public complaint
about or the discovery of an apparent violation of law, which report may describe:
(i)
the date, time, location, and nature of the complaint, the incident, or offense;
(ii)
names of victims;
(iii)
the nature or general scope of the agency's initial actions taken in response to the
incident;
(iv)
the general nature of any injuries or estimate of damages sustained in the incident;
(v)
the name, address, and other identifying information about any person arrested or
charged in connection with the incident; or
(vi)
the identity of the public safety personnel, except undercover personnel, or
prosecuting attorney involved in responding to the initial incident.
(b)
"
Initial contact reports
"
do not include follow-up or investigative reports prepared
after the initial contact report. However, if the information specified in Subsection
(16)(a)
appears in follow-up or investigative reports, it may only be treated
confidentially if it is private, controlled, protected, or exempt from disclosure under
Subsection
63G-2-201(3)(b)
.
(c)
"
Initial contact reports
"
do not include accident reports, as that term is described in
Title
41, Chapter 6a, Part 4
, Accident Responsibilities.
(17)
"Legislative body" means the Legislature.
(18)
"Notice of compliance" means a statement confirming that a governmental entity has
complied with an order of the director of the Government Records Office.
(19)
"Person" means:
(a)
an individual;
(b)
a nonprofit or profit corporation;
(c)
a partnership;
(d)
a sole proprietorship;
(e)
other type of business organization; or
(f)
any combination acting in concert with one another.
(20)
"Private provider" means any person who contracts with a governmental entity to
provide services directly to the public.
(21)
"Private record" means a record containing data on individuals that is private as
provided by Section
63G-2-302
.
(22)
"Protected record" means a record that is classified protected as provided by Section
63G-2-305
.
(23)
"Public record" means a record that is not private, controlled, or protected and that is
not exempt from disclosure as provided in Subsection
63G-2-201(3)(b)
.
(24)
"Reasonable search" means a search that is:
(a)
reasonable in scope and intensity; and
(b)
not unreasonably burdensome for the government entity.
(25)
(a)
"Record" means a book, letter, document, paper, map, plan, photograph, film,
card, tape, recording, electronic data, or other documentary material regardless of
physical form or characteristics:
(i)
that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii)
where all of the information in the original is reproducible by photocopy or other
mechanical or electronic means.
(b)
"Record" does not include:
(i)
a personal note or personal communication prepared or received by an employee
or officer of a governmental entity:
(A)
in a capacity other than the employee's or officer's governmental capacity; or
(B)
that is unrelated to the conduct of the public's business;
(ii)
a temporary draft or similar material prepared for the originator's personal use or
prepared by the originator for the personal use of an individual for whom the
originator is working;
(iii)
material that is legally owned by an individual in the individual's private capacity;
(iv)
material to which access is limited by the laws of copyright or patent unless the
copyright or patent is owned by a governmental entity or political subdivision;
(v)
proprietary software;
(vi)
junk mail or a commercial publication received by a governmental entity or an
official or employee of a governmental entity;
(vii)
a book that is cataloged, indexed, or inventoried and contained in the collections
of a library open to the public;
(viii)
material that is cataloged, indexed, or inventoried and contained in the
collections of a library open to the public, regardless of physical form or
characteristics of the material;
(ix)
a daily calendar ;
(x)
a note prepared by the originator for the originator's own use or for the sole use of
an individual for whom the originator is working;
(xi)
a computer program that is developed or purchased by or for any governmental
entity for its own use;
(xii)
a note or internal memorandum prepared as part of the deliberative process by:
(A)
a member of the judiciary;
(B)
an administrative law judge;
(C)
a member of the Board of Pardons and Parole; or
(D)
a member of any other body, other than an association
or appeals panel
as
that term is
defined in Section
53G-7-1101
, charged by law with performing a
quasi-judicial function;
(xiii)
a telephone number or similar code used to access a mobile communication
device that is used by an employee or officer of a governmental entity, provided
that the employee or officer of the governmental entity has designated at least one
business telephone number that is a public record as provided in Section
63G-2-301
;
(xiv)
information provided by the Public Employees' Benefit and Insurance Program,
created in Section
49-20-103
, to a county to enable the county to calculate the
amount to be paid to a health care provider under Subsection
17-63-706(2)(e)(ii)
;
(xv)
information that an owner of unimproved property provides to a local entity as
provided in Section
11-42-205
;
(xvi)
a video or audio recording of an interview, or a transcript of the video or audio
recording, that is conducted at a Children's Justice Center established under
Section
67-5b-102
;
(xvii)
child sexual abuse material, as defined by Section
76-5b-103
;
(xviii)
before final disposition of an ethics complaint occurs, a video or audio
recording of the closed portion of a meeting or hearing of:
(A)
a Senate or House Ethics Committee;
(B)
the Independent Legislative Ethics Commission;
(C)
the Independent Executive Branch Ethics Commission, created in Section
63A-14-202
; or
(D)
the Political Subdivisions Ethics Review Commission established in Section
63A-15-201
;
(xix)
confidential communication described in Section
58-60-102
,
58-61-102
, or
58-61-702
;
(xx)
any item described in Subsection
(25)(a)
that is:
(A)
described in Subsection
63G-2-305(17)
,
(18),
or
(23)(b)
; and
(B)
shared between any of the following entities:
(I)
the Division of Risk Management;
(II)
the Office of the Attorney General;
(III)
the governor's office; or
(IV)
the Legislature;
(xxi)
the email address that a candidate for elective office provides to a filing officer
under Subsection
20A-9-201(5)(c)(ii)
or
20A-9-203(4)(c)(iv)
; or
(xxii)
except as provided in Sections
31A-16-105
,
31A-16-107.5
, and
27a-3-303
, an
investment policy, or information related to an investment policy, provided to the
insurance commissioner as described in Title
31A, Chapter 18
, Investments.
(26)
"Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.
(27)
"Records officer" means the individual appointed by the chief administrative officer of
each governmental entity, or the political subdivision to work with state archives in the
care, maintenance, scheduling, designation, classification, disposal, and preservation of
records.
(28)
"Schedule," "scheduling," and their derivative forms mean the process of specifying
the length of time each record series should be retained by a governmental entity for
administrative, legal, fiscal, or historical purposes and when each record series should be
transferred to the state archives or destroyed.
(29)
"Sponsored research" means research, training, and other sponsored activities as
defined by the federal Executive Office of the President, Office of Management and
Budget:
(a)
conducted:
(i)
by an institution within the state system of higher education described in Section
53H-1-102
; and
(ii)
through an office responsible for sponsored projects or programs; and
(b)
funded or otherwise supported by an external:
(i)
person that is not created or controlled by the institution within the state system of
higher education; or
(ii)
federal, state, or local governmental entity.
(30)
"State archives" means the Division of Archives and Records Service created in
Section
63A-12-101
.
(31)
"State archivist" means the director of the state archives.
(32)
"Summary data" means statistical records and compilations that contain data derived
from private, controlled, or protected information but that do not disclose private,
controlled, or protected information.
Section 13.
Repealer.
Procedures for disputes -- Appeals -- Appeals panel --
Compensation.
Section 14.
Effective Date.
This bill takes effect on
July 1, 2027
.
2-6-26 1:31 PM