HB 407

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                        Lincoln Fillmore proposes the following substitute bill:
1Public Education Information System
                                     2026 GENERAL SESSION
                                          STATE OF UTAH
                                Chief Sponsor: Matt MacPherson
                                 Senate Sponsor: Lincoln Fillmore
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions related to student information systems for local education
6   agencies.
7   Highlighted Provisions:
8This bill:
9▸ establishes data compliance requirements for local education agency student information
10   systems;
11▸ requires local education agencies to meet state board data standards and interoperability
12   requirements;
13▸ authorizes use of interoperable data exchange frameworks as an alternative data
14   transmission method;
15▸ requires student information systems to capture school safety and threat assessment data;
16▸ authorizes the state board to provide technical assistance and vendor certification;
17▸ establishes enforcement provisions for noncompliance;
                                                                                                   3rd Sub. H.B. 407
18▸ authorizes audit review of local education agencies;
19▸ establishes implementation timelines; and
20▸ makes conforming changes.
21   Money Appropriated in this Bill:
22None
23   Other Special Clauses:
24None
25   Utah Code Sections Affected:
26   AMENDS:
2753E-3-518, as last amended by Laws of Utah 2024, Chapters 21, 24
2853E-9-303, as last amended by Laws of Utah 2019, Chapter 186
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2953E-9-308, as last amended by Laws of Utah 2023, Chapters 328, 381
3053F-2-205, as last amended by Laws of Utah 2023, Chapter 7
3153F-2-311, as last amended by Laws of Utah 2025, Chapter 165
3253G-4-402, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
3353G-5-404, as last amended by Laws of Utah 2025, Chapter 501
34   ENACTS:
3553E-3-527, Utah Code Annotated 1953
36
37   Be it enacted by the Legislature of the state of Utah:
38Section 1. Section 53E-3-518 is amended to read:
3953E-3-518 . Utah school information management system -- Local education
40   agency requirements.
41   (1) As used in this section:
42(a) "LEA data system" or "LEA's data system" means a data system that:
43(i) is developed, selected, or relied upon by an LEA; and
44(ii) the LEA uses to collect data or submit data to the state board related to:
45(A) student information;
46(B) educator information;
47(C) financial information; or
48(D) other information requested by the state board.
49(b) "LEA financial information system" or "LEA's financial information system" means
50an LEA data system used for financial information.
51(c) "Parent" means the same as that term is defined in Section 53G-6-201.
52(d) "Utah school information management system" or "information management
53system" means the state board's data collection and reporting system described in this
54section.
55(e) "User" means an individual who has authorized access to the information
56management system.
57   (2) [On or before July 1, 2024, the ] The state board shall have in place an information
58management system that meets the requirements described in this section.
59   (3) The state board shall ensure that the information management system:
60(a) interfaces with:
61(i) an LEA's data systems that meet the requirements described in Subsection (7),
62including an authorized interoperable data exchange framework described in
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63Section 53E-3-527;
64(ii) where appropriate, the systems described in Subsections 53-10-302(7) and (8);
65and
66(iii) the public safety portal described in Section 63A-16-1002;[ and]
67(b) serves as the mechanism for the state board to collect and report on all data that
68LEAs submit to the state board [related] , including data transmitted through the
69student information system, through an authorized interoperable data exchange
70framework, or through both, related to:
71(i) student information;
72(ii) educator information;
73(iii) financial information; and
74(iv) other information requested by the state board;
75(c) includes a web-based user interface through which a user may:
76(i) enter data;
77(ii) view data; and
78(iii) generate customizable reports;
79(d) includes a data warehouse and other hardware or software necessary to store or
80process data submitted by an LEA;
81(e) provides for data privacy, including by complying with Chapter 9, Student Privacy
82and Data Protection;
83(f) restricts user access based on each user's role; [and]
84(g) meets requirements related to a student achievement backpack described in Section
8553E-3-511[.] and
86(h) provides statewide access to the student achievement backpack described in Section
8753E-3-511 though state board systems and may not require an LEA to procure,
88license, or maintain a separate platform for the student achievement backpack.
89   (4) [On or before January 31, 2026, the ] The state board shall:
90(a) ensure the information management system described in this section allows for the
91transfer of a student's transcript, current IEP, or Section 504 accommodation plan,
92including the tracking of necessary accommodations and services between:
93(i) different LEA student information systems; and
94(ii) an authorized online course provider and a primary LEA; and
95(b) ensure the transfer capability described in Subsection (4)(a) is available for the same
96use within the operating system the state board uses for the Statewide Online
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97Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online
98Education Program.
99   (5) The state board shall establish the restrictions on user access described in Subsection
100(3)(f).
101   (6)(a) The state board shall make rules that establish the required capabilities for an LEA
102financial information system.
103(b) In establishing the required capabilities for an LEA financial information system, the
104state board shall consider metrics and capabilities requested by the state treasurer or
105state auditor.
106   (7)(a) [On or before July 1, 2024, an ] An LEA shall ensure that:
107(i) all of the LEA's data systems:
108(A) meet the data standards established by the state board in accordance with
109Section 53E-3-501;
110(B) are fully compatible with the state board's information management system,
111including through the student information system, through an authorized
112interoperable data exchange framework described in Section 53E-3-527, or
113though both; and
114(C) meet specification standards determined by the state board; and
115(ii) the LEA's financial information system meets the requirements described in
116Subsection (6).
117(b) An LEA shall ensure that an LEA data system purchased or developed on or after
118May 14, 2019, will be compatible with the information management system when the
119information management system is fully operational, including through the student
120information system, through an authorized interoperable data exchange framework
121described in Section 53E-3-527, or though both.
122   (8)(a) Subject to appropriations and Subsection (8)(b), the state board may use an
123appropriation under this section to help an LEA meet the requirements in the rules
124described in Subsection (6) by:
125(i) providing to the LEA funding for implementation and sustainment of the LEA
126financial information system, either through:
127(A) awarding a grant to the LEA; or
128(B) providing a reimbursement to the LEA; or
129(ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
130financial information system on behalf of an LEA for the LEA to use as the LEA's
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131financial information system.
132(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
133state board shall make rules describing:
134(i) how an LEA may apply to the state board for the assistance described in
135Subsection (8)(a); and
136(ii) criteria for the state board to provide the assistance to an LEA.
137   (9)(a) [Beginning July 1, 2024, the ] The state board may take action against an LEA that
138is out of compliance with a requirement described in Subsection (7) until the LEA
139complies with the requirement.
140(b) An action described in Subsection (9)(a) may include the state board withholding
141funds from the LEA.
142   (10)(a) For purposes of this Subsection (10), "education record" means the same as that
143term is defined in 20 U.S.C. Sec. 1232g.
144(b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
145Administrative Rulemaking Act, establish a procedure under which:
146(i) a parent may submit information as part of the education records for the parent's
147student;
148(ii) the information submitted by the parent is maintained as part of the education
149records for the parent's student;
150(iii) information submitted by the parent and maintained as part of the education
151records for the parent's student may be removed at the request of the parent; and
152(iv) a parent has access only to the education records of the parent's student in
153accordance with Subsection (10)(d).
154(c) The rules made under this Subsection (10) shall allow a parent to submit or remove
155information submitted by the parent under this Subsection (10) at least annually,
156including at the time of:
157(i) registering a student in a school; or
158(ii) changing the school in which a student attends.
159(d) Subject to the federal Family [Education] Educational Rights and Privacy Act, 20
160U.S.C. Sec. 1232g, and related regulations, the state board shall provide a parent
161access to an education record concerning the parent's student.
162(e) The state board shall create in the information management system a record tracking
163interoperability of education records described in this Subsection (10) when a student
164is transitioning between schools or between LEAs.
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165   (11)(a) Beginning July 1, 2031, an LEA requirement to submit data under this section is
166satisfied through the LEA's use of a student information system that meets the
167compliance requirements established under Section 53E-3-527.
168(b) An LEA may transmit required data through the student information system, through
169an authorized interoperable data exchange framework described in Section
17053E-3-527, or though both
171   (12)(a) Beginning July 1, 2026, the state board may phase out direct provision of student
172information system services to LEAs.
173(b) The state board shall establish by rule a transition timeline that:
174(i) provides LEAs adequate notice of service discontinuation; and
175(ii) ensures LEAs have time to procure or develop compliant student information
176systems under Section 53E-3-527.
177Section 2. Section 53E-3-527 is enacted to read:
17853E-3-527 . Student information system compliance requirements -- Vendor
179   certification -- Enforcement -- Audits.
180   (1) As used in this section:
181(a) "Authorized interoperable data exchange framework" means an interoperable data
182exchange framework that meets the standards established by the state board in rule
183under Subsection (17) and is authorized in writing by an LEA under Subsection
184(2)(d).
185(b) "Certified vendor" means a vendor of student information systems that the state
186board certifies as meeting the compliance requirements described in this section.
187(c) "Compliance requirements" means the technical, functional, and data standards that
188the state board establishes under this section for student information systems.
189(d) "Integration standards" means the technical requirements that the state board
190establishes to allow student information systems and an authorized interoperable data
191exchange network to interface with state board systems.
192(e) "Interoperable data exchange framework" means a standards-based, vendor-neutral
193method for secure, governed data exchange between authoritative education data
194systems that:
195(i) does not require centralized storage or duplication of student records; and
196(ii) does not require creation of an additional statewide data warehouse.
197(f) "LEA head" means:
198(i) for a school district, the superintendent of the school district; or
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199(ii) for a charter school, the director of the charter school.
200(g) "School safety data" means data related to school safety incidents, threat
201assessments, and student behavioral concerns as described in Subsection (5).
202(h) "Student data" means the same as that term is defined in Section 53E-9-301.
203(i) "USIMS compliant" means meeting all data transmission requirements that the Utah
204Student Information Management System establishes.
205   (2)(a) Beginning July 1, 2031, each LEA shall use a student information system that
206meets all compliance requirements established under this section for all student data
207collection, management, and reporting functions that state or federal law requires.
208(b) An LEA that uses a student information system that meets the compliance
209requirements under this section:
210(i) shall ensure that all student data in the system reconciles with and matches the
211data standards established by the state board in accordance with Section 53E-3-501;
212(ii) is responsible for all costs associated with maintaining, integrating, and ensuring
213compliance of the system;
214(iii) is responsible for ensuring that the system interfaces properly with state board
215systems, through an authorized interoperable data exchange framework, or
216through both; and
217(iv) is responsible for all data reconciliation and data quality assurance for the system.
218(c) The state board is not responsible for cleaning, reconciling, or correcting data from
219an LEA's student information system.
220(d) An LEA may permit an authorized interoperable data exchange framework to:
221(i) interface with state board systems, the Utah Student Information Management
222System;
223(ii) transmit student data, validate, and submit reports required by state or federal law
224on behalf of the LEA;
225(iii) transmit school safety data to the public safety portal described in Section
22663A-16-1002, in accordance with the requirements described in Subsection (5)
227and rules made under Subsection (5)(b); and
228(iv) provide student data to support the student achievement backpack described in
229Section 53E-3-511.
230(e) An authorization described in Subsection (2)(d) does not relieve an LEA of the
231responsibilities described in Subsection (2)(b), including data reconciliation and data
232quality assurance.
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233   (3) The state board shall establish and maintain compliance requirements that define:
234(a) required data elements and formats consistent with Section 53E-3-501;
235(b) integration standards for interfacing with state board systems, including integration
236standards for transmission through the student information system through an
237authorized interoperable data exchange framework, or through both;
238(c) synchronization frequency and methods;
239(d) error handling procedures;
240(e) data consistency and integrity requirements;
241(f) privacy and security requirements consistent with Chapter 9, Student Privacy and
242Data Protection;
243(g) school safety data collection and reporting requirements as described in Subsection
244(5); and
245(h) interoperability standards for data exchange between LEAs and with authorized
246entities, including an authorized interoperable data exchange framework.
247   (4) A student information system that meets compliance requirements under this section
248shall:
249(a) maintain all student demographic, enrollment, and academic records;
250(b) track attendance, grades, and course completion;
251(c) generate all reports that state and federal law requires and transmit the reports to the
252state board through an authorized interoperable data exchange framework, or through
253both;
254(d) support scheduling and course management;
255(e) provide transcript generation and electronic transfer capabilities;
256(f) enable seamless student transfers between LEAs without manual data entry;
257(g) maintain historical data for longitudinal analysis;
258(h) be fully USIMS compliant including by meeting data transmission requirements
259through the student information system, through an authorized interoperable data
260exchange framework, or through both;
261(i) provide real-time data synchronization with state board systems through the student
262information system, through an authorized interoperable data exchange framework,
263or through both;
264(j) support automated data validation and error checking;
265(k) enable role-based access controls;
266(l) maintain an audit log of all data changes;
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267(m) support data exports in standard formats;
268(n) provide application programming interfaces for approved third-party integrations;
269(o) include online student registration capabilities;
270(p) provide parent and guardian portal access;
271(q) include digital consent form management;
272(r) ensure mobile device compatibility;
273(s) provide multi-language support;
274(t) capture and maintain school safety data as described in Subsection (5); and
275(u) integrate through the student information system, through an authorized
276interoperable data exchange framework, or through both, with:
277(i) special education IEP management systems;
278(ii) student health information systems;
279(iii) school safety and student behavior tracking systems;
280(iv) learning management systems;
281(v) assessment platforms;
282(vi) early warning and intervention systems;
283(vii) transportation management systems;
284(viii) food service systems;
285(ix) financial management systems; and
286(x) eliminate the need for manual data transmission for state and federal reporting,
287including by transmitting required data through the student information system,
288through an authorized interoperable data exchange framework, or through both.
289   (5)(a) Beginning July 1, 2031, each LEA's student information system shall capture and
290maintain school safety data, including:
291(i) school safety incident reports, including:
292(A) the date, time, and location of incidents;
293(B) the nature and severity of incidents;
294(C) individuals involved in incidents;
295(D) interventions provided; and
296(E) outcomes and resolutions;
297(ii) student behavioral threat assessments, including:
298(A) threat assessment referrals and screening results;
299(B) comprehensive threat assessment findings;
300(C) risk levels and classifications;
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301(D) safety planning and interventions implemented; and
302(E) monitoring and follow-up documentation; and
303(iii) threat assessment team documentation, including:
304(A) threat assessment team composition and member qualifications;
305(B) threat assessment protocols and procedures followed;
306(C) case management and disposition records; and
307(D) coordination with law enforcement and other agencies.
308(b) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
309Administrative Rulemaking Act, establishing:
310(i) standardized definitions and classifications for school safety data;
311(ii) data collection and reporting requirements;
312(iii) privacy protections and access controls for school safety data;
313(iv) data sharing protocols with law enforcement and other authorized entities; and
314(v) integration requirements with the public safety portal described in Section
31563A-16-1002, including requirements for transmission through an authorized
316interoperable data exchange framework when authorized by an LEA under
317Subsection (2)(d).
318(c) School safety data collected under this Subsection (5) shall:
319(i) comply with all applicable privacy laws and regulations;
320(ii) be accessible only to authorized personnel with legitimate educational or safety
321interests;
322(iii) be maintained securely with appropriate access controls and audit logging; and
323(iv) be used only for purposes of maintaining school safety, providing appropriate
324interventions and support to students, and meeting legal reporting requirements.
325   (6)(a) The state board shall establish a voluntary vendor certification program for
326student information system vendors.
327(b) To become a certified vendor, a vendor shall:
328(i) submit an application to the state board demonstrating that the vendor's student
329information system meets all compliance requirements established under this
330section;
331(ii) undergo technical review and testing by the state board or the state board's
332designee;
333(iii) demonstrate successful integration with state board systems;
334(iv) provide documentation of data security measures and privacy protections;
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335(v) agree to maintain compliance with all requirements and to notify the state board
336of any material changes to the system that may affect compliance; and
337(vi) pay any applicable certification fees established by the state board.
338(c) The state board shall:
339(i) maintain and publish a list of certified vendors on the state board's website;
340(ii) establish procedures for annual recertification of vendors;
341(iii) establish procedures for revoking certification if a vendor fails to maintain
342compliance; and
343(iv) provide technical specifications and testing protocols to assist vendors in
344achieving certification.
345(d) The state board may charge reasonable fees to vendors seeking certification to cover
346the costs of the certification program.
347(e) Vendor certification under this Subsection (6) does not constitute an endorsement by
348the state board of any particular vendor or product, and LEAs retain full discretion in
349selecting student information systems.
350   (7)(a) The state board may provide technical assistance to LEAs, including:
351(i) guidance on selecting student information systems that meet compliance
352requirements;
353(ii) assistance with system implementation and integration;
354(iii) training on data standards and reporting requirements;
355(iv) support for data migration and system transitions; and
356(v) resources and best practices for maintaining compliance.
357(b) Subject to available appropriations, the state board may provide financial assistance
358to LEAs for costs associated with achieving and maintaining compliance with this
359section, including:
360(i) system implementation costs;
361(ii) data migration services;
362(iii) training and technical support;
363(iv) integration development; and
364(v) ongoing compliance maintenance.
365(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
366state board may make rules establishing:
367(i) eligibility criteria for financial assistance;
368(ii) application procedures;
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369(iii) funding priorities based on LEA need and capacity; and
370(iv) accountability requirements for LEAs receiving assistance.
371(d) The state board may provide transitional support during phase-out of direct student
372information system services, as established by state board rule under Section
37353E-3-518.
374   (8)(a) The state board shall establish a phased implementation schedule that:
375(i) begins no earlier than July 1, 2028;
376(ii) provides each LEA at least 24 months to achieve compliance with this section;
377(iii) prioritizes voluntary early adopters;
378(iv) considers LEA size and technical capacity; and
379(v) ensures full statewide compliance by July 1, 2031.
380(b) An LEA contract for a student information system in effect on May 7, 2026, remains
381valid until the earlier of:
382(i) the contract's expiration date;
383(ii) July 1, 2031; or
384(iii) the day on which the LEA voluntarily transitions to a compliant system.
385(c) An LEA may renew an existing contract for a student information system one time
386after May 7, 2026, if:
387(i) the renewal term does not extend beyond June 30, 2031;
388(ii) the LEA notifies the state board of the renewal within 30 days after the day on
389which the LEA renews the contract; and
390(iii) the renewal is necessary to avoid disruption of operations.
391(d) An LEA may request an implementation extension of up to 12 months if the LEA
392demonstrates:
393(i) extraordinary circumstances beyond the LEA's control;
394(ii) a detailed transition plan with specific milestones;
395(iii) commitment of necessary resources to meet the extended deadline; and
396(iv) that denial of the extension would cause substantial disruption to the LEA's
397educational programs.
398   (9)(a) Beginning August 1, 2031, if an LEA fails to comply with a requirement of this
399section, the state board shall:
400(i) provide written notice to the LEA describing the noncompliance; and
401(ii) allow the LEA 90 days after the day on which the state board provides the notice
402described in Subsection (9)(a)(i) to cure the noncompliance.
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403(b) If the LEA fails to cure the noncompliance within the time period described in
404Subsection (9)(a)(ii), the state board shall:
405(i) provide written notice to the LEA and the LEA head that the LEA head's
406compensation shall be reduced by 10% until the noncompliance is cured; and
407(ii) allow the LEA an additional 90 days after the day on which the state board
408provides the notice described in Subsection (9)(b)(i) to cure the noncompliance.
409(c) If the LEA fails to cure the noncompliance within the time period described in
410Subsection (9)(b)(ii), the state board may:
411(i) withhold state funding from the LEA in accordance with Section 53E-3-401 until
412the LEA achieves compliance; and
413(ii) require the LEA to develop and implement a corrective action plan within a
414specified timeframe.
415(d) The state board shall establish an appeals process for an LEA subject to an
416enforcement action under this Subsection (9).
417   (10)(a) When conducting a risk assessment for an audit of an LEA, the Office of the
418Legislative Auditor General may consider an LEA's compliance with this section as a
419risk factor, including the LEA's compliance with:
420(i) the data standards established by the state board in accordance with Section
42153E-3-501;
422(ii) the compliance requirements established under Subsection (3);
423(iii) the integration standards established under Subsection (3)(b); and
424(iv) all other requirements of this section.
425(b) If the Office of the Legislative Auditor General includes a review of an LEA's
426compliance with this section as part of an audit, the Office of the Legislative Auditor
427General may report the results to the Education Interim Committee.
428   (11) A local school board or charter school governing board shall include in an employment
429contract with an LEA head a provision that allows for the reduction of the LEA head's
430compensation as required under Subsection (9)(b)(i).
431   (12) All data in an LEA's student information system remains the property of the respective
432LEA.
433   (13) The state board may access LEA data only to:
434(a) generate reports that state and federal law requires;
435(b) provide technical support;
436(c) ensure data quality and compliance;
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437(d) conduct authorized research and analysis;
438(e) facilitate student transfers between LEAs; or
439(f) perform functions specifically authorized by law.
440   (14) Student information systems that meet compliance requirements under this section
441shall comply with all requirements of:
442(a) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
443(b) Title 53E, Chapter 9, Student Privacy and Data Protection;
444(c) Title 63G, Chapter 2, Government Records Access and Management Act; and
445(d) all other applicable privacy laws and regulations.
446   (15) Upon request, the state board shall report to the Education Interim Committee on:
447(a) implementation progress and LEA compliance status;
448(b) effectiveness of the vendor certification program;
449(c) costs and financial assistance provided to LEAs;
450(d) improvements in data quality and timeliness;
451(e) reduction in administrative burden at LEAs;
452(f) system performance and interoperability;
453(g) school safety data collection and utilization; and
454(h) recommendations for improvements or statutory changes.
455   (16) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
456state board may make rules to implement this section, including rules that:
457(a) establish technical specifications for compliance requirements;
458(b) define integration standards and testing protocols;
459(c) create implementation timelines and procedures;
460(d) establish vendor certification requirements and procedures;
461(e) define school safety data elements and reporting requirements;
462(f) establish data governance policies; and
463(g) improve coordination and accessibility among state student data systems to enable
464local education agencies to access relevant data through a unified and secure platform.
465Section 3. Section 53E-9-303 is amended to read:
46653E-9-303 . Local student data protection governance.
467   (1) An LEA shall adopt policies to protect student data in accordance with this part and
468state board rule, taking into account the specific needs and priorities of the LEA.
469   (2)(a) An LEA shall designate an individual to act as a student data manager to fulfill the
470responsibilities of a student data manager described in Section 53E-9-308.
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471(b) If possible, an LEA shall designate the LEA's records officer as defined in Section
47263G-2-103, as the student data manager.
473   (3) An LEA shall create and maintain an LEA:
474(a) data governance plan; and
475(b) metadata dictionary.
476   (4) An LEA shall establish an external research review process for a request for data for the
477purpose of external research or evaluation.
478   (5) Beginning July 1, 2031, a student data manager designated under this section shall:
479(a) ensure the LEA's compliance with data governance policies for student information
480systems that meet the compliance requirements established under Section 53E-3-527;
481and
482(b) serve as the LEA's primary contact for student information system data management
483issues.
484Section 4. Section 53E-9-308 is amended to read:
48553E-9-308 . Sharing student data -- Prohibition -- Requirements for student data
486   manager -- Authorized student data sharing.
487   (1)(a) Except as provided in Subsection (1)(b), an education entity, including a student
488data manager, may not:
489(i) share personally identifiable student data without written consent; or
490(ii) share student data with a federal agency.
491(b) An education entity, including a student data manager, may share personally
492identifiable student data:
493(i) in accordance with the Family Education Rights and Privacy Act and related
494provisions under 20 U.S.C. Secs. 1232g and 1232h;
495(ii) as required by federal law; and
496(iii) as described in Subsections (3), (5), and (6).
497   (2) A student data manager shall:
498(a) authorize and manage the sharing, outside of the student data manager's education
499entity, of personally identifiable student data for the education entity as described in
500this section;
501(b) act as the primary local point of contact for the state student data officer described in
502Section 53E-9-302;[ and]
503(c) fulfill other responsibilities described in the data governance plan of the student data
504manager's education entity[.] ; and
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505(d) beginning July 1, 2031, ensure proper use of student information systems that meet
506the compliance requirements established under Section 53E-3-527 within the LEA.
507   (3) A student data manager may share a student's personally identifiable student data with a
508caseworker or representative of the Department of Health and Human Services if:
509(a) the Department of Health and Human Services is:
510(i) legally responsible for the care and protection of the student, including the
511responsibility to investigate a report of educational neglect, as provided in
512Subsection 80-2-701(5); or
513(ii) providing services to the student;
514(b) the student's personally identifiable student data is not shared with a person who is
515not authorized:
516(i) to address the student's education needs; or
517(ii) by the Department of Health and Human Services to receive the student's
518personally identifiable student data; and
519(c) the Department of Health and Human Services maintains and protects the student's
520personally identifiable student data.
521   (4) The Department of Health and Human Services, a school official, or the Utah Juvenile
522Court may share personally identifiable student data to improve education outcomes for
523youth:
524(a) in the custody of, or under the guardianship of, the Department of Health and Human
525Services;
526(b) receiving services from the Division of Juvenile Justice and Youth Services;
527(c) in the custody of the Division of Child and Family Services;
528(d) receiving services from the Division of Services for People with Disabilities; or
529(e) under the jurisdiction of the Utah Juvenile Court.
530   (5)(a) A student data manager may share personally identifiable student data in response
531to a subpoena issued by a court.
532(b) A person who receives personally identifiable student data under Subsection (5)(a)
533may not use the personally identifiable student data outside of the use described in
534the subpoena.
535   (6)(a) A student data manager may share student data, including personally identifiable
536student data, in response to a request to share student data for the purpose of research
537or evaluation, if the student data manager:
538(i) verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
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03-06 16:19  3rd Sub. (Cherry) H.B. 407
539(ii) submits the request to the education entity's research review process; and
540(iii) fulfills the instructions that result from the review process.
541(b)(i) In accordance with state and federal law, and subject to Subsection (6)(b)(ii),
542the state board shall share student data, including personally identifiable student
543data, as requested by the Utah Registry of Autism and Developmental Disabilities
544described in Section 26B-7-115.
545(ii)(A) At least 30 days before the state board shares student data in accordance
546with Subsection (6)(b)(i), the education entity from which the state board
547received the student data shall provide notice to the parent of each student for
548which the state board intends to share student data.
549(B) The state board may not, for a particular student, share student data as
550described in Subsection (6)(b)(i) if the student's parent requests that the state
551board not share the student data.
552(iii) A person who receives student data under Subsection (6)(b)(i):
553(A) shall maintain and protect the student data in accordance with state board rule
554described in Section 53E-9-307;
555(B) may not use the student data for a purpose not described in Section 26B-7-115;
556and
557(C) is subject to audit by the state student data officer described in Section
55853E-9-302.
559Section 5. Section 53F-2-205 is amended to read:
56053F-2-205 . Powers and duties of state board to adjust Minimum School
561   Program allocations -- Use of remaining funds at the end of a fiscal year.
562   (1) As used in this section:
563(a) "ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
564Sec. 6301 et seq.
565(b) "Program" means a program or allocation funded by a line item appropriation or
566other appropriation designated as:
567(i) Basic Program;
568(ii) Related to Basic Programs;
569(iii) Voted and Board Levy Programs; or
570(iv) Minimum School Program.
571   (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units in a
572program is underestimated, the state board shall reduce the value of the weighted pupil
                                                 - 17 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
573unit in that program so that the total amount paid for the program does not exceed the
574amount appropriated for the program.
575   (3) If the number of weighted pupil units in a program is overestimated, the state board
576shall spend excess money appropriated for the following purposes giving priority to the
577purpose described in Subsection (3)(a):
578(a) to support the value of the weighted pupil unit in a program within the basic
579state-supported school program in which the number of weighted pupil units is
580underestimated;
581(b) to support the state guaranteed local levy increments as defined in Section 53F-2-601,
582if:
583(i) local contributions to the voted local levy program or board local levy program are
584overestimated; or
585(ii) the number of weighted pupil units within school districts qualifying for a
586guarantee is underestimated;
587(c) to support the state supplement to local property taxes allocated to charter schools, if
588the state supplement is less than the amount prescribed by Section 53F-2-704;
589(d) to fund the cost of the salary supplements described in Section 53F-2-504; or
590(e) to support a school district with a loss in student enrollment as provided in Section
59153F-2-207.
592   (4) If local contributions from the minimum basic tax rate imposed under Section 53F-2-301
593are overestimated, the state board shall reduce the value of the weighted pupil unit for all
594programs within the basic state-supported school program so the total state contribution
595to the basic state-supported school program does not exceed the amount of state funds
596appropriated.
597   (5) If local contributions from the minimum basic tax rate imposed under Section 53F-2-301
598are underestimated, the state board shall:
599(a) spend the excess local contributions for the purposes specified in Subsection (3),
600giving priority to supporting the value of the weighted pupil unit in programs within
601the basic state-supported school program in which the number of weighted pupil
602units is underestimated; and
603(b) reduce the state contribution to the basic state-supported school program so the total
604cost of the basic state-supported school program does not exceed the total state and
605local funds appropriated to the basic state-supported school program plus the local
606contributions necessary to support the value of the weighted pupil unit in programs
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03-06 16:19  3rd Sub. (Cherry) H.B. 407
607within the basic state-supported school program in which the number of weighted
608pupil units is underestimated.
609   (6) Except as provided in Subsection (3) or (5), the state board shall reduce the state
610guarantee per weighted pupil unit provided under the local levy state guarantee program
611described in Section 53F-2-601, if:
612(a) local contributions to the voted local levy program or board local levy program are
613overestimated; or
614(b) the number of weighted pupil units within school districts qualifying for a guarantee
615is underestimated.
616   (7) Money appropriated to the state board is nonlapsing, including appropriations to the
617Minimum School Program and all agencies, line items, and programs under the
618jurisdiction of the state board.
619   (8) The state board shall report actions taken by the state board under this section to the
620Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and
621Budget.
622   (9) Beginning with the 2031-32 school year:
623(a) the state board shall calculate all distribution amounts under this section using data
624from student information systems that meet the compliance requirements established
625under Section 53E-3-527; and
626(b) an LEA's failure to properly maintain data in a compliant student information system
627may result in adjustment of the LEA's funding allocation.
628Section 6. Section 53F-2-311 is amended to read:
62953F-2-311 . Weighted pupil units for career and technical education programs --
630   Funding of approved programs -- Performance measures -- Qualifying criteria.
631   (1)(a) Money appropriated to the state board for approved career and technical education
632programs and the comprehensive guidance program:
633(i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4);
634and
635(ii) may not be used to fund programs below grade 9.
636(b) Subsection (1)(a)(ii) does not apply to the following programs:
637(i) comprehensive guidance; and
638(ii) work-based learning programs.
639   (2)(a) Weighted pupil units are computed for pupils in approved programs.
640(b)(i) The state board shall fund approved programs based upon hours of membership
                                                - 19 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
641of grades 9 through 12 students.
642(ii) Subsection (2)(b)(i) does not apply to the following programs:
643(A) comprehensive guidance; and
644(B) work-based learning programs.
645(c) The state board shall use an amount not to exceed 20% of the total appropriation
646under this section to fund approved programs based on performance measures such
647as placement and competency attainment defined in standards set by the state board.
648(d) The state board shall make the necessary calculations for distribution of the
649appropriation to a school district and charter school and may revise and recommend
650changes necessary for achieving equity and ease of administration.
651   (3)(a) Twenty weighted pupil units shall be computed for career and technical education
652administrative costs for each school district, except 25 weighted pupil units may be
653computed for each school district that consolidates career and technical education
654administrative services with one or more other school districts.
655(b) Between 10 and 25 weighted pupil units shall be computed for each high school
656conducting approved career and technical education programs in a school district
657according to standards established by the state board.
658(c) Forty weighted pupil units shall be computed for each school district that operates an
659approved career and technical education center.
660(d) Between five and seven weighted pupil units shall be computed for each summer
661career and technical education agriculture program according to standards established
662by the state board.
663(e) The state board shall, by rule, establish qualifying criteria for a school district or
664charter school to receive weighted pupil units under this Subsection (3).
665   (4)(a) Money remaining after the allocations made under Subsections (2) and (3) shall
666be allocated using average daily membership in approved programs for the previous
667year.
668(b) A school district or charter school that has experienced student growth in grades 9
669through 12 for the previous year shall have the growth factor applied to the previous
670year's weighted pupil units when calculating the allocation of money under this
671Subsection (4).
672(c) An LEA may use funds received through the general allocation described in this
673Subsection (4) for Technology-Life-Careers and student leadership organizations.
674   (5)(a) The state board shall establish rules for upgrading high school career and
                                                 - 20 -
03-06 16:19  3rd Sub. (Cherry) H.B. 407
675technical education programs.
676(b) The rules shall reflect career and technical training and actual marketable job skills
677in society.
678(c) The rules shall include procedures to assist school districts and charter schools to
679convert existing programs that are not preparing students for the job market into
680programs that will accomplish that purpose.
681   (6) Programs that do not meet state board standards may not be funded under this section.
682   (7) Beginning July 1, 2031, the state board shall:
683(a) track career and technical education enrollment through student information systems
684that meet the compliance requirements established under Section 53E-3-527; and
685(b) calculate weighted pupil units under this section using data from student information
686systems that meet the compliance requirements established under Section 53E-3-527.
687Section 7. Section 53G-4-402 is amended to read:
68853G-4-402 . Powers and duties generally.
689   (1) A local school board shall:
690(a) implement the core standards for Utah public schools using instructional materials
691that best correlate to the core standards for Utah public schools and graduation
692requirements;
693(b) administer tests, required by the state board, which measure the progress of each
694student, and coordinate with the state superintendent and state board to assess results
695and create plans to improve the student's progress, which shall be submitted to the
696state board for approval;
697(c) use progress-based assessments as part of a plan to identify schools, teachers, and
698students that need remediation and determine the type and amount of federal, state,
699and local resources to implement remediation;
700(d) for each grading period and for each course in which a student is enrolled, issue a
701grade or performance report to the student:
702(i) that reflects the student's work, including the student's progress based on mastery,
703for the grading period; and
704(ii) in accordance with the local school board's adopted grading or performance
705standards and criteria;
706(e) develop early warning systems for students or classes failing to make progress;
707(f) work with the state board to establish a library of documented best practices,
708consistent with state and federal regulations, for use by the special districts;
                                                - 21 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
709(g) implement training programs for school administrators, including basic management
710training, best practices in instructional methods, budget training, staff management,
711managing for learning results and continuous improvement, and how to help every
712student achieve optimal learning in basic academic subjects;[ and]
713(h) ensure that the local school board meets the data collection and reporting standards
714described in Section 53E-3-501[.] ;
715(i) beginning July 1, 2031, ensure that all schools within the school district use student
716information systems that meet the compliance requirements established under Section
71753E-3-527; and
718(j) ensure that any employment contract with a school district superintendent includes
719the provision required under Section 53E-3-527.
720   (2) Local school boards shall spend Minimum School Program funds for programs and
721activities for which the state board has established minimum standards or rules under
722Section 53E-3-501.
723   (3)(a) A local school board may purchase, sell, and make improvements on school sites,
724buildings, and equipment, and construct, erect, and furnish school buildings.
725(b) School sites or buildings may only be conveyed or sold on local school board
726resolution affirmed by at least two-thirds of the school board members.
727   (4)(a) A local school board may participate in the joint construction or operation of a
728school attended by students residing within the district and students residing in other
729districts either within or outside the state.
730(b) Any agreement for the joint operation or construction of a school shall:
731(i) be signed by the president of the local school board of each participating district;
732(ii) include a mutually agreed upon pro rata cost; and
733(iii) be filed with the state board.
734   (5) A local school board may establish, locate, and maintain elementary, secondary, and
735applied technology schools.
736   (6) A local school board may enter into cooperative agreements with other local school
737boards to provide educational services that best utilize resources for the overall
738operation of the school districts, including shared transportation services.
739   (7) A local school board shall ensure that an agreement under Subsection (6):
740(a) is signed by the president of the local school board of each participating district;
741(b) specifies the resource being shared;
742(c) includes a mutually agreed upon pro rata cost;
                                                  - 22 -
03-06 16:19  3rd Sub. (Cherry) H.B. 407
743(d) includes the duration of the agreement; and
744(e) is filed with the state board.
745   (8)(a) Except as provided in Section 53E-3-905 and Subsection (8)(b), a local school
746board may enroll children in school who are at least five years old before September
7472 of the year in which admission is sought.
748(b) A local school board may enroll a child in kindergarten who does not meet the age
749requirement described in Subsection (8)(a) if the child:
750(i) moves to Utah from a different state in which the child, during the relevant school
751year:
752(A) was a resident; and
753(B) was enrolled in kindergarten in accordance with the previous state's age
754requirements for kindergarten enrollment; and
755(ii) transfers to the enrolling school after the beginning of the same school year.
756   (9) A local school board:
757(a) may establish and support school libraries; and
758(b) shall provide an online platform:
759(i) through which a parent is able to view the title, author, and a description of any
760material the parent's child borrows from the school library, including a history of
761borrowed materials, either using an existing online platform that the LEA uses or
762through a separate platform; and
763(ii)(A) for a school district with 1,000 or more enrolled students, no later than
764August 1, 2024; and
765(B) for a school district with fewer than 1,000 enrolled students, no later than
766August 1, 2026.
767   (10) A local school board may collect damages for the loss, injury, or destruction of school
768property.
769   (11) A local school board may authorize guidance and counseling services for students and
770the student's parents before, during, or following school enrollment.
771   (12)(a) A local school board shall administer and implement federal educational
772programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or
773National Education Programs.
774(b) Federal funds are not considered funds within the school district budget under
775Chapter 7, Part 3, Budgets.
776   (13)(a) A local school board may organize school safety patrols and adopt policies under
                                               - 23 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
777which the patrols promote student safety.
778(b) A student appointed to a safety patrol shall be at least 10 years old and have written
779parental consent for the appointment.
780(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of
781a highway intended for vehicular traffic use.
782(d) Liability may not attach to a school district, its employees, officers, or agents, or to a
783safety patrol member, a parent of a safety patrol member, or an authorized volunteer
784assisting the program by virtue of the organization, maintenance, or operation of a
785school safety patrol.
786   (14)(a) A local school board may on its own behalf, or on behalf of an educational
787institution for which the local school board is the direct governing body, accept
788private grants, loans, gifts, endowments, devises, or bequests that are made for
789educational purposes.
790(b) The contributions made under Subsection (14)(a) are not subject to appropriation by
791the Legislature.
792   (15)(a) A local school board may appoint and fix the compensation of a compliance
793officer to issue citations for violations of Subsection 76-9-1106(3)(c).
794(b) A person may not be appointed to serve as a compliance officer without the person's
795consent.
796(c) A teacher or student may not be appointed as a compliance officer.
797   (16) A local school board shall adopt bylaws and policies for the local school board's own
798procedures.
799   (17)(a) A local school board shall make and enforce policies necessary for the control
800and management of the district schools.
801(b) Local school board policies shall be in writing, filed, and referenced for public
802access.
803   (18) A local school board may hold school on legal holidays other than Sundays.
804   (19)(a) A local school board shall establish for each school year a school traffic safety
805committee to implement this Subsection (19).
806(b) The committee shall be composed of one representative of:
807(i) the schools within the district;
808(ii) the Parent Teachers' Association of the schools within the district;
809(iii) the municipality or county;
810(iv) state or local law enforcement; and
                                                 - 24 -
03-06 16:19  3rd Sub. (Cherry) H.B. 407
811(v) state or local traffic safety engineering.
812      (c) The committee shall:
813(i) receive suggestions from school community councils, parents, teachers, and
814others, and recommend school traffic safety improvements, boundary changes to
815enhance safety, and school traffic safety program measures;
816(ii) review and submit annually to the Department of Transportation and affected
817municipalities and counties a child access routing plan for each elementary,
818middle, and junior high school within the district;
819(iii) in consultation with the Utah Safety Council and the Division of Family Health,
820provide training to all students in kindergarten through grade 6, within the district,
821on school crossing safety and use; and
822(iv) help ensure the district's compliance with rules made by the Department of
823Transportation under Section 41-6a-303.
824      (d) The committee may establish subcommittees as needed to assist in accomplishing the
825committee's duties under Subsection (19)(c).
826   (20)(a) A local school board shall adopt and implement a comprehensive emergency
827      response plan to prevent and combat violence in the local school board's public
828      schools, on school grounds, on school vehicles, and in connection with
829      school-related activities or events.
830      (b) The local school board shall ensure that the plan:
831(i) includes prevention, intervention, and response components;
832(ii) is consistent with the school discipline and conduct policies required for school
833districts under Chapter 8, Part 2, School Discipline and Conduct Plans;
834(iii) requires professional learning for all district and school building staff on the
835staff's roles in the emergency response plan;
836(iv) provides for coordination with local law enforcement and other public safety
837representatives in preventing, intervening, and responding to violence in the areas
838and activities referred to in Subsection (20)(a); and
839(v) includes procedures to notify a student who is off campus at the time of a school
840violence emergency because the student is:
841(A) participating in a school-related activity; or
842(B) excused from school for a period of time during the regular school day to
843participate in religious instruction at the request of the student's parent.
844      (c) The state board, through the state superintendent, shall develop comprehensive
                                                - 25 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
845emergency response plan models that local school boards may use, where
846appropriate, to comply with Subsection (20)(a).
847(d) A local school board shall, by July 1 of each year, certify to the state board that its
848plan has been practiced at the school level and presented to and reviewed by its
849teachers, administrators, students, and the student's parents and local law enforcement
850and public safety representatives.
851   (21)(a) A local school board may adopt an emergency response plan for the treatment of
852sports-related injuries that occur during school sports practices and events.
853(b) The plan may be implemented by each secondary school in the district that has a
854sports program for students.
855(c) The plan may:
856(i) include emergency personnel, emergency communication, and emergency
857equipment components;
858(ii) require professional learning on the emergency response plan for school
859personnel who are involved in sports programs in the district's secondary schools;
860and
861(iii) provide for coordination with individuals and agency representatives who:
862(A) are not employees of the school district; and
863(B) would be involved in providing emergency services to students injured while
864participating in sports events.
865(d) The local school board, in collaboration with the schools referred to in Subsection
866(21)(b), may review the plan each year and make revisions when required to improve
867or enhance the plan.
868(e) The state board, through the state superintendent, shall provide local school boards
869with an emergency plan response model that local school boards may use to comply
870with the requirements of this Subsection (21).
871   (22)(a) A local school board shall approve an LEA's policies and procedures that an
872LEA develops to ensure that students have non-electronic notification of and access
873to:
874(i) school activities and events, including:
875(A) schedule changes;
876(B) extracurricular activities; and
877(C) sporting events; and
878(ii) the emergency response plans described in Subsections (20) and (21).
                                                   - 26 -
03-06 16:19  3rd Sub. (Cherry) H.B. 407
879(b) Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of
880and access to school activities and events as described in Subsections (22)(a)(i) and
881(ii) if:
882(i)(A) the school provides each student with an electronic device; and
883(B) the electronic device is capable of receiving electronic notification of and
884access to school activities and events as described in Subsections (22)(a)(i) and
885(ii); or
886(ii) an emergency, unforeseen circumstance, or other incident arises and an LEA
887cannot reasonably provide timely non-electronic notification.
888(c) An LEA may not require the use of a privately owned electronic device to complete
889course work.
890   (23) A local school board shall do all other things necessary for the maintenance,
891prosperity, and success of the schools and the promotion of education.
892   (24)(a) As used in this subsection, "special enrollment program" means a full-day
893academic program in which a parent opts to enroll the parent's student and that is
894offered at a specifically designated school within an LEA, including:
895(i) gifted or advanced learning programs; or
896(ii) dual language immersion programs.
897(b) Before closing a school, changing the boundaries of a school, or changing or closing
898the location of a special enrollment program, a local school board shall:
899(i) at a local school board meeting, make and approve a motion to initiate the
900notification required under Subsections (24)(b)(ii) through (iv);
901(ii) on or before 90 days before the day on which the local school board approves the
902school closure or at least 30 days before the day on which the local school board
903approves a school boundary change, provide notice that the local school board is
904considering the closure or boundary change to:
905(A) parents of students enrolled in the school, using the same form of
906communication the local school board regularly uses to communicate with
907parents and also by mail, using the United States Postal Service, to the parents
908at each known address;
909(B) parents of students enrolled in other schools within the school district that may
910be affected by the closure or boundary change, using the same form of
911communication the local school board regularly uses to communicate with
912parents and also by mail, using the United States Postal Service, to the parents
                                                 - 27 -
3rd Sub. (Cherry) H.B. 407  03-06 16:19
913at each known address; and
914(C) the governing council and the mayor of the municipality in which the school is
915located;
916(iii) provide an opportunity for public comment on the proposed school closure
917during at least two public local school board meetings;
918(iv) provide an opportunity for public comment on the proposed school boundary
919change during one public local school board meeting; and
920(v) hold a public hearing as defined in Section 10-20-102 and provide public notice
921of the public hearing in accordance with Subsection (24)(c).
922      (c) A local school board shall:
923(i) ensure that the notice of a public hearing required under Subsection (24)(b)(v)
924indicates the:
925(A) name of the school or schools under consideration for closure or boundary
926change; and
927(B) [the ]date, time, and location of the public hearing;
928(ii) if feasible, hold the public hearing at the location of the school that is under
929consideration for closure;
930(iii) for at least 10 days before the day on which the public hearing occurs, [publish
931the notice of public hearing occurs, ]publish the notice of the public hearing for
932the school district in which the school is located, as a class A notice under Section
93363G-30-102; and
934(iv) at least 30 days before the day on which the public hearing occurs, provide notice
935of the public hearing in the same manner as the notice of consideration under
936Subsection (24)(b)(ii).
937      (d) A motion made under Subsection (24)(b) shall name each school under consideration
938for closure in a separate motion.
939      (e) For a school closure, a local school board shall complete the process described in this
940Subsection (24) on or before December 31 of the calendar year preceding the
941beginning of the school year in which a school closure takes effect.
942      (f)(i) For a school boundary change, a local school board shall complete the process
943described in this Subsection (24) no more than 60 days after the day on which the
944local school board votes to approve a school closure.
945(ii) Parents of students enrolled in a school affected by a boundary change shall have
946at least 30 days after the day on which the local school board votes to approve a
                                               - 28 -
03-06 16:19  3rd Sub. (Cherry) H.B. 407
947school boundary change to request an out of area enrollment request in accordance
948with Chapter 6, Part 4, School District Enrollment.
949   (25) A local school board may implement a facility energy efficiency program established
950under Title 11, Chapter 44, Performance Efficiency Act.
951   (26) A local school board may establish or partner with a certified youth court in
952accordance with Section 80-6-902 or establish or partner with a comparable restorative
953justice program, in coordination with schools in that district. A school may refer a
954student to a youth court or a comparable restorative justice program in accordance with
955Section 53G-8-211.
956   (27)(a) As used in this Subsection (27):
957(i) "Learning material" means any learning material or resource used to deliver or
958support a student's learning, including textbooks, reading materials, videos, digital
959materials, websites, and other online applications.
960(ii)(A) "Instructional material" means learning material that a local school board
961adopts and approves for use within the LEA.
962(B) "Instructional material" does not include learning material used in a
963concurrent enrollment, advanced placement, or international baccalaureate
964program or class or another class with required instructional material that is not
965subject to selection by the local school board.
966(iii) "Supplemental material" means learning material that:
967(A) an educator selects for classroom use; and
968(B) a local school board has not considered and adopted, approved, or prohibited
969for classroom use within the LEA.
970(b) A local school board shall:
971(i) make instructional material that the school district uses readily accessible and
972available for a parent to view;
973(ii) annually notify a parent of a student enrolled in the school district of how to
974access the information described in Subsection (27)(b)(i); and
975(iii) include on the school district's website information about how to access the
976information described in Subsection (27)(b)(i).
977(c) In selecting and approving instructional materials for use in the classroom, a local
978school board shall:
979(i) establish an open process, involving educators and parents of students enrolled in
980the LEA, to review and recommend instructional materials for board approval; and
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 3rd Sub. (Cherry) H.B. 407  03-06 16:19
981(ii) ensure that under the process described in Subsection (27)(c)(i), the board:
982(A) before the meetings described in Subsection (27)(c)(ii)(B), posts the
983recommended learning material online to allow for public review or, for
984copyrighted material, makes the recommended learning material available at
985the LEA for public review;
986(B) before adopting or approving the recommended instructional materials, holds
987at least two public meetings on the recommendation that provides an
988opportunity for educators whom the LEA employs and parents of students
989enrolled in the LEA to express views and opinions on the recommendation; and
990(C) adopts or approves the recommended instructional materials in an open and
991regular board meeting.
992(d) A local school board shall adopt a supplemental materials policy that provides
993flexible guidance to educators on the selection of supplemental materials or resources
994that an educator reviews and selects for classroom use using the educator's
995professional judgment, including whether any process or permission is required
996before classroom use of the materials or resources.
997(e) If an LEA contracts with another party to provide online or digital materials, the
998LEA shall include in the contract a requirement that the provider give notice to the
999LEA any time that the provider makes a material change to the content of the online
1000  or digital materials, excluding regular informational updates on current events.
1001  (f) Nothing in this Subsection (27) requires a local school board to review all learning
1002  materials used within the LEA.
1003     (28) If information, data, or action from a school district is necessary for the state board to
1004  fulfill a statutory data gathering, compliance, or reporting requirement, a local school
1005  board shall provide the relevant information, data, or action, subject to enforcement
1006  under Section 53E-3-401.
1007  Section 8. Section 53G-5-404 is amended to read:
1008  53G-5-404 . Requirements for charter schools.
1009     (1) A charter school shall be nonsectarian in the charter school's programs, admission
1010  policies, employment practices, and operations.
1011     (2) A charter school may not charge tuition or fees, except those fees normally charged by
1012  other public schools.
1013     (3) A charter school shall meet all applicable federal, state, and local health, safety, and
1014  civil rights requirements.
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 03-06 16:19  3rd Sub. (Cherry) H.B. 407
1015     (4)(a) A charter school shall:
1016  (i) make the same annual reports required of other public schools under this public
1017  education code, including an annual financial audit report described in Section
1018  53G-4-404;
1019  (ii) ensure that the charter school meets the data and reporting standards described in
1020  Section 53E-3-501;[ and]
1021  (iii) beginning July 1, 2031, ensure the charter school uses a student information
1022  system that meets the compliance requirements established under Section
1023  53E-3-527;
1024  (iv) ensure that any employment contract with a charter school director includes the
1025  provision required under Section 53E-3-527; and
1026  [(iii)] (v) use fund and program accounting methods and standardized account codes
1027  capable of producing financial reports that comply with:
1028  (A) generally accepted accounting principles;
1029  (B) the financial reporting requirements applicable to LEAs established by the
1030  state board under Section 53E-3-501; and
1031  (C) accounting report standards established by the state auditor as described in
1032  Section 51-2a-301.
1033  (b) Before, and as a condition for opening a charter school:
1034  (i) a charter school shall:
1035  (A) certify to the authorizer that the charter school's accounting methods meet the
1036  requirements described in Subsection [(4)(a)(iii)] (4)(a)(v); or
1037  (B) if the authorizer requires, conduct a performance demonstration to verify that
1038  the charter school's accounting methods meet the requirements described in
1039  Subsection [(4)(a)(iii)] (4)(a)(v); and
1040  (ii) the authorizer shall certify to the state board that the charter school's accounting
1041  methods meet the requirements described in Subsection [(4)(a)(iii)] (4)(a)(v).
1042  (c) A charter school shall file the charter school's annual financial audit report with the
1043  Office of the State Auditor within six months of the end of the fiscal year.
1044  (d) For the limited purpose of compliance with federal and state law governing use of
1045  public education funds, including restricted funds, and making annual financial audit
1046  reports under this section, a charter school is a government entity governed by the
1047  public education code.
1048     (5)(a) A charter school shall be accountable to the charter school's authorizer for
                                                 - 31 -
 3rd Sub. (Cherry) H.B. 407  03-06 16:19
1049  performance as provided in the charter school's charter agreement.
1050  (b) To measure the performance of a charter school, an authorizer may use data
1051  contained in:
1052  (i) the charter school's annual financial audit report;
1053  (ii) a report submitted by the charter school as required by statute; or
1054  (iii) a report submitted by the charter school as required by the charter school's
1055  charter agreement.
1056  (c) A charter school authorizer may not impose performance standards, except as
1057  permitted by statute, that limit, infringe, or prohibit a charter school's ability to
1058  successfully accomplish the purposes of charter schools as provided in Section
1059  53G-5-104 or as otherwise provided in law.
1060     (6) A charter school may not advocate unlawful behavior.
1061     (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
1062  managed in accordance with Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
1063  Act, upon the charter school's authorization.
1064     (8) A charter school shall provide adequate liability and other appropriate insurance,
1065  including:
1066  (a) general liability, errors and omissions, and directors and officers liability coverage
1067  through completion of the closure of a charter school in accordance with Section
1068  53G-5-504; and
1069  (b) tail coverage or closeout insurance covering at least one year after closure of the
1070  charter school.
1071     (9) A charter school may not employ an educator whose license is suspended or revoked by
1072  the state board under Section 53E-6-604.
1073     (10)(a) Each charter school shall register and maintain the charter school's registration as
1074  a limited purpose entity, in accordance with Section 67-1a-15.
1075  (b) A charter school that fails to comply with Subsection (10)(a) or Section 67-1a-15 is
1076  subject to enforcement by the state auditor, in accordance with Section 67-3-1.
1077  (c) If a charter school is an operating charter school with affiliated satellite charter
1078  schools, as defined in Section 53G-5-303:
1079  (i) the operating charter school shall register as a limited purpose entity as defined in
1080  Section 67-1a-15;
1081  (ii) each affiliated satellite charter school is not required to register separately from
1082  the operating charter school; and
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 03-06 16:19  3rd Sub. (Cherry) H.B. 407
1083  (iii) the operating charter school shall:
1084  (A) register on behalf of each affiliated satellite charter school; and
1085  (B) when submitting entity registry information in accordance with Section
1086  67-1a-15 on behalf of each affiliated satellite charter school, identify and
1087  distinguish registry information for each affiliated satellite, including the
1088  address of each affiliated satellite charter school and the name and contact
1089  information of a primary contact for each affiliated satellite charter school.
1090     (11)(a) As used in this Subsection (11), "contracting entity" means a person with which
1091  a charter school contracts.
1092  (b) A charter school shall provide to the charter school's authorizer any information or
1093  documents requested by the authorizer, including documents held by a subsidiary of
1094  the charter school or a contracting entity:
1095  (i) to confirm the charter school's compliance with state or federal law governing the
1096  charter school's finances or governance; or
1097  (ii) to carry out the authorizer's statutory obligations, including liquidation and
1098  assignment of assets, and payment of debt in accordance with state board rule, as
1099  described in Section 53G-5-504.
1100  (c) A charter school shall comply with a request described in Subsection (11)(b),
1101  including after an authorizer recommends closure of the charter school or terminates
1102  the charter school's contract.
1103  (d) Documents held by a contracting entity or subsidiary of a charter school that are
1104  necessary to demonstrate the charter school's compliance with state or federal law are
1105  the property of the charter school.
1106  (e) A charter school shall include in an agreement with a subsidiary of the charter school
1107  or a contracting entity a provision that stipulates that documents held by the
1108  subsidiary or a contracting entity, that are necessary to demonstrate the charter
1109  school's financial compliance with federal or state law, are the property of the charter
1110  school.
1111     (12) For each grading period and for each course in which a student is enrolled, a charter
1112  school shall issue a grade or performance report to the student:
1113  (a) that reflects the student's work, including the student's progress based on mastery, for
1114  the grading period; and
1115  (b) in accordance with the charter school's adopted grading or performance standards
1116  and criteria.
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1117     (13)(a) As used in this Subsection (13):
1118  (i) "Learning material" means any learning material or resource used to deliver or
1119  support a student's learning, including textbooks, reading materials, videos, digital
1120  materials, websites, and other online applications.
1121  (ii)(A) "Instructional material" means learning material that a charter school
1122  governing board adopts and approves for use within the charter school.
1123  (B) "Instructional material" does not include learning material used in a
1124  concurrent enrollment, advanced placement, or international baccalaureate
1125  program or class, or another class with required instructional material that is
1126  not subject to selection by the charter school governing board.
1127  (iii) "Supplemental material" means learning material that:
1128  (A) an educator selects for classroom use; and
1129  (B) a charter school governing board has not considered and adopted, approved, or
1130  prohibited for classroom use within the charter school.
1131  (b) A charter school shall:
1132  (i) make instructional material that the charter school uses readily accessible and
1133  available for a parent to view;
1134  (ii) annually notify a parent of a student enrolled in the charter school of how to
1135  access the information described in Subsection (13)(b)(i); and
1136  (iii) include on the charter school's website information about how to access the
1137  information described in Subsection (13)(b)(i).
1138  (c) In selecting and approving instructional materials for use in the classroom, a charter
1139  school governing board shall:
1140  (i) establish an open process, involving educators and parents of students enrolled in
1141  the charter school, to review and recommend instructional materials for board
1142  approval; and
1143  (ii) ensure that under the process described in Subsection (13)(c)(i), the charter
1144  school governing board:
1145  (A) before the public meetings described in Subsection (13)(c)(ii)(B), posts the
1146  recommended learning materials online to allow for public review or, for
1147  copyrighted material, makes the recommended learning material available at
1148  the charter school for public review;
1149  (B) before adopting or approving the recommended instructional materials, holds
1150  at least two public meetings on the recommendation that provide an
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1151  opportunity for educators whom the charter school employs and parents of
1152  students enrolled in the charter school to express views and opinions on the
1153  recommendation; and
1154  (C) adopts or approves the recommended instructional materials in an open and
1155  regular board meeting.
1156  (d) A charter school governing board shall adopt a supplemental materials policy that
1157  provides flexible guidance to educators on the selection of supplemental materials or
1158  resources that an educator reviews and selects for classroom use using the educator's
1159  professional judgment, including whether any process or permission is required
1160  before classroom use of the materials or resources.
1161  (e) If a charter school contracts with another party to provide online or digital materials,
1162  the charter school shall include in the contract a requirement that the provider give
1163  notice to the charter school any time that the provider makes a material change to the
1164  content of the online or digital materials, excluding regular informational updates on
1165  current events.
1166  (f) Nothing in this Subsection (13) requires a charter school governing board to review
1167  all learning materials used within the charter school.
1168     (14) If information, data, or action from a charter school is necessary for the state board to
1169  fulfill a statutory data gathering, compliance, or reporting requirement, a local school
1170  board shall provide the relevant information, data, or action, subject to enforcement
1171  under Section 53E-3-401.
1172  Section 9. Effective Date.
1173     This bill takes effect on May 6, 2026.
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