SB 58 — Public School Attendance Amendments

[(11)] (17)(17)(a) (a) "Truant" means a condition in which a school-age child, without a valid excuse, and subject to Subsection [(11)(b)] (17)(b), is absent for at least:

(i) half of the [school] instructional day for a student enrolled in an attendance validated- program;6 - Enrolled Copy S.B.

58 validated program;

[(13)] (19)(19)(a) - 7 - SB0058 compared with SB0058S05 (a) "Valid excuse" means:

53G-6-202.53G-6-202 .

(c)- "Remainder7 of- theS.B. school year" means the portion of the school year beginning on the day after the day on which a notice of compulsory education violation is served and ending on the last day of the school year.

58 Enrolled Copy (c) "Remainder of the school year" means the portion of the school year beginning on the day after the day on which a notice of compulsory education violation is served and ending on the last day of the school year.

- 8 - SB0058 compared with SB0058S05 (3) A school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist may only issue a notice of compulsory education violation to a parent of a school-age child if the school-age child is:

(6) [Except during the period between March 17, 2021 and June 1, 2022, it ] It is a class B misdemeanor for a parent of a school-age child who is in grade 1 through 6 to, after being- served8 with- aEnrolled noticeCopy ofS.B. compulsory education violation, intentionally or without good cause:

58 being served with a notice of compulsory education violation, intentionally or without good cause:

- 9 - SB0058 compared with SB0058S05 (7) [Except during the period described in Subsections (5) and (6), a ] A local school board, charter school governing board, or [school district] LEA official shall report violations of this section to the appropriate county or district attorney.

(b) information regarding the longest number of consecutive [school] instructional days the school-age child has been absent or truant from school and the percentage of [school][ school] instructional days the school-age child has been absent or truant during each relevant school term;

53G-6-203.53G-6-203 .

Truancy -- Notice of truancy -- Failure to cooperate with school authorities.- 9 - S.B.

58 Enrolled Copy authorities.

- 10 - SB0058 compared with SB0058S05 (a) in grade 7 or above, unless the school-age child is less than 12 years old;

(5)(5)[(a) [(a) Except as provided in Subsection (5)(b), nothing ] Nothing in this part prohibits a local [school board, charter school ]governing board[,] or [school district] LEA official from taking action to resolve a truancy problem with a school-age child who has been truant fewer than five times, provided that the action does not conflict with the requirements of this part.

[(b) A local school board, charter school governing board, or school district may not take- punitive10 action- toEnrolled resolveCopy aS.B. truancy problem with a school-age child during the period described in Subsection (2).] (6) An LEA shall maintain records of each notice of truancy issued and any resulting referrals and general outcomes.

-58 11take -punitive SB0058action comparedto withresolve SB0058S05a [(6)truancy Notwithstandingproblem thiswith section,a school-age child during the period described in Subsection (2),(2).] a(6) schoolAn administrator,LEA designeeshall ofmaintain arecords schoolof administrator,each lawnotice enforcementof officer acting as a school resource officer, or truancy specialistissued mayand notany issueresulting orreferrals otherwiseand enforcegeneral aoutcomes. notice of truancy.] Section 5.

[(6) Notwithstanding this section, during the period described in Subsection (2), a school administrator, designee of a school administrator, law enforcement officer acting as a school resource officer, or truancy specialist may not issue or otherwise enforce a notice of truancy.] Section 5.

53G-6-206.53G-6-206 .

(1)(1)(a) (a) As used in this section, "intervention" means a series of non-punitive and increasingly frequent and individualized activities that are designed to:

(2)(2)(a) (a) Subject to Subsection (2)(b), an LEA shall make efforts to promote regular attendance and resolve school absenteeism and truancy issues for each school-age child who is, or should be, enrolled in the LEA.

(b) A school-age child exempt from school attendance under Section 53G-6-204 or 53G-6-702, or a school-age child who is enrolled in a regularly established private school or part-time school, is not considered to be a school-age child who is or should- be11 enrolled- inS.B. a school district or charter school under Subsection (2)(a).

-58 12Enrolled -Copy SB0058should comparedbe withenrolled SB0058S05in (3)a Theschool effortsdistrict describedor incharter Subsectionschool (2)under shallSubsection include,(2)(a). as reasonably feasible:

(3) The efforts described in Subsection (2) shall include, as reasonably feasible:

(b)(b)(i) (i) issuing a notice of truancy to the school-age child in accordance with Section 53G-6-203;

- 13 - SB0058 compared with SB0058S05 [(5)] (6) This section does not impose civil liability on boards of education, local school boards,- charter12 school- governingEnrolled boards,Copy schoolS.B. districts, or their employees.

58 boards, charter school governing boards, school districts, or their employees.

53G-6-210.53G-6-210 .

or - 14 - SB0058 compared with SB0058S05 (ii) the minor is two or more years behind the local public school's age group expectations- in13 one- orS.B. more basic skills, and is not receiving special educational services or systematic remediation efforts designed to correct the problem;

58 Enrolled Copy expectations in one or more basic skills, and is not receiving special educational services or systematic remediation efforts designed to correct the problem;

Section 753G-6-213 is enacted to read:

53G-6-213.53G-6-213 .

and (b) conduct an annual internal auditreview of attendance data accuracy.

and - 15 - SB0058 compared with SB0058S05 (e) implement corrective action procedures for an LEA that fails to meet data quality standards.

(3)- An14 LEA- thatEnrolled failsCopy toS.B. meet state data quality standards shall:

58 (3) An LEA that fails to meet state data quality standards shall:

Section 853G-6-214 is enacted to read:

53G-6-214.53G-6-214 .

53G-7-203.53G-7-203 .

(2)(2)(a) (a) Each LEA governing board shall provide kindergarten classes free of charge for kindergarten children residing within the district or attending [the] a charter school.

- 16 - SB0058 compared with SB0058S05 (b) Each LEA governing board shall:

(i) provide a half-day kindergarten option for a student that comprises the minimum standards for half-half-day day kindergarten that the state board establishes, in accordance with- Subsection15 (4)(a)(iii),- ifS.B. the student's parent requests a half-day option;[ and] (ii) (A) inform parents of the availability of the option to register for a designated full-curriculum half- day kindergarten option at the time of all kindergarten registration, by email, posters, or other announcements when a parent requests kindergarten registration;

58 Enrolled Copy with Subsection (4)(a)(iii), if the student's parent requests a half-day option;[ and] (ii)(A) inform parents of the availability of the option to register for a designated full-curriculum half-day kindergarten option at the time of all kindergarten registration, by email, posters, or other announcements when a parent requests kindergarten registration;

(4)(4)(a) - 17 - SB0058 compared with SB0058S05 (a) The state board shall:

(ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the administration of and reporting regarding the assessment- described16 in- SubsectionEnrolled (4)(a)(i);Copy S.B.

58 assessment described in Subsection (4)(a)(i);

Section 1053G-7-228 is enacted to read:

53G-7-228.53G-7-228 .

and - 18 - SB0058 compared with SB0058S05 (3) create exemptions from the requirement in Subsection (1) for a student who is not able to meet personal care independence requirements because of a condition that is subject to federal child find requirements found in Section 20 U.S.C.

300.111 or described in an IEP or Section- 50417 accommodation- plan.S.B.

{Section58 9.Enrolled Copy Section 504 accommodation plan.

Section 53G-7-1205 is amended to read:

} 53G-7-1205.

Charter trust land councils.

(1) As used in this section, "council" means a charter trust land council described in this section.

(2) To receive School LAND Trust Program funding as described in Sections 53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust land council, which shall prepare a plan for the use of School LAND Trust Program money that includes the elements described in Subsection 53G-7-1206(4).

(3) (a) The membership of the council shall include parents or grandparents of students enrolled at the charter school and may include other members.

(b) The number of council members who are parents or grandparents of students enrolled at the charter school shall exceed all other members combined by at least two.

(4) A charter school governing board may serve as the charter school's council if:

(a) the membership of the charter school governing board meets the requirements of Subsection (3) (b)[.] ;

or (b) notwithstanding Subsection (3)(b), in the charter school's first year of operation, a charter school governing board may serve as the charter school's council.

(5) (a) Except as provided in Subsection (5)(b), council members who are parents or grandparents of students enrolled at the school shall be elected in accordance with procedures established by the charter school governing board.

(b) Subsection (5)(a) does not apply to a charter school governing board that serves as a council.

(6) A parent or [grandparents] grandparent of a student enrolled at a charter school shall serve as chair [or co-chair ]of the charter school's council created consistent with Subsection (5).

(7) In accordance with state board rule regarding charter trust land council expenditures and funding limits, a charter trust land council shall:

- 19 - SB0058 compared with SB0058S05 (a) work with students, families, and educators to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the school;

and (b) hold at least an annual discussion with charter school administrators to coordinate efforts to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the school level.

(8) A charter trust land council shall provide input to the school's principal on a positive behaviors plan in accordance with Section 53G-10-407.

{Section 10.

Section 53G-7-1206 is amended to read:

} 53G-7-1206.

School LAND Trust Program.

(1) As used in this section:

(a) "Charter trust land council" means a council established by a charter school governing board under Section 53G-7-1205.

(b) "Council" means a school community council or a charter trust land council.

(c) "LAND trust plan" means a school's plan to use School LAND Trust Program money to implement a component of the school's success plan.

(d) "School community council" means a council established at a district school in accordance with Section 53G-7-1202.

(e) "Teacher and student success plan" or "success plan" means the same as that term is defined in Section 53G-7-1301.

(2) This section creates the School LAND (Learning And Nurturing Development) Trust Program under the state board to:

(a) provide financial resources to public schools to enhance or improve student academic achievement and implement a component of a district school or charter school's teacher and student success plan;

and (b) involve parents of a school's students in decision making regarding the expenditure of School LAND Trust Program money allocated to the school.

(3) To receive an allocation under Section 53F-2-404:

(a) a district school shall have established a school community council in accordance with Section 53G-7-1202;

(b) a charter school shall have established a charter trust land council in accordance with Section 53G-7-1205;

and - 20 - SB0058 compared with SB0058S05 (c) the school's principal shall provide a signed, written assurance that the school is in compliance with Subsection (3)(a) or (b).

(4) (a) A council shall create a program to use the school's allocation distributed under Section 53F-2-404 to implement a component of the school's success plan Ŝ→ [,] :

556a (i) ←Ŝ including:

Ŝ→ [(i)] (A) ←Ŝ the school's identified most critical academic needs;

Ŝ→ [(ii)] (B) ←Ŝ a recommended action plan to meet the identified academic needs;

Ŝ→ [(iii)] (C) ←Ŝ a specific listing of any programs, practices, materials, or equipment that the school will need to implement the action plan to have a direct impact on the instruction of students and result in measurable increased student performance;

Ŝ→ and ←Ŝ [ and] Ŝ→ [(iv) programs, practices, materials, or equipment specifically designed to address ] ←Ŝ Ŝ→ [chronic absenteeism, including:] [(A) school attendance plan development and implementation;] [(B) academic recovery programs for chronically absent students;

and] [(C) professional development for staff on attendance interventions;

and] ←Ŝ [(iv) Ŝ→ (v)] (D) ←Ŝ how each proposed expenditure in the action plan will be used to implement a component of the action plan to enhance or improve academic excellence at the school Ŝ→ [.] ;

and 570a (ii) which may include programs, practices, materials, or equipment specifically designed to address chronic absenteeism, including:

570d (A) school attendance plan development and implementation;

570e (B) academic recovery programs for chronically absent students;

and 570f (C) professional development for staff on attendance interventions.

←Ŝ (b) (i) A council shall create and vote to adopt a LAND trust plan in a meeting of the council at which a quorum is present.

(ii) If a majority of the quorum votes to adopt a LAND trust plan, the LAND trust plan is adopted.

(c) A council shall:

(i) post a LAND trust plan that is adopted in accordance with Subsection (4)(b) on the School LAND Trust Program reporting website;

and - 21 - SB0058 compared with SB0058S05 (ii) include with the LAND trust plan a report noting the number of council members who voted for or against the approval of the LAND trust plan and the number of council members who were absent for the vote.

(d) (i) The local school board of a district school shall approve or disapprove a LAND trust plan.

(ii) If a local school board disapproves a LAND trust plan:

(A) the local school board shall provide a written explanation of why the LAND trust plan was disapproved and request the school community council who submitted the LAND trust plan to revise the LAND trust plan;

and (B) the school community council shall submit a revised LAND trust plan in response to a local school board's request under Subsection (4)(d)(ii)(A).

(iii) Once a LAND trust plan has been approved by a local school board, a school community council may amend the LAND trust plan, subject to a majority vote of the school community council and local school board approval.

(e) A charter trust land council's LAND trust plan is subject to approval by the:

(i) charter school governing board;

and (ii) budget officer whom the charter school governing board appoints.

(5) (a) A district school or charter school shall:

(i) implement the program as approved;

(ii) provide ongoing support for the council's plan and responsibilities;

and (iii) meet state board reporting requirements regarding financial and performance accountability of the program.

(b) (i) A district school or charter school shall prepare and post an annual report of the program on the School LAND Trust Program reporting website before the council submits a plan for the following year.

(ii) The report shall detail the use of program funds received by the school under this section and an assessment of the results obtained from the use of the funds.

(iii) A summary of the report shall be provided to parents of students who attend the school.

- 22 - SB0058 compared with SB0058S05 (6) An LEA shall record the LEA's expenditures of School LAND Trust Program funds through a financial reporting system that the board identifies to assist schools in developing the annual report described in Subsection (5)(b).

(7) The president or chair of a local school board or charter school governing board shall ensure that the members of the local school board or charter school governing board are provided with annual training on the requirements of this section.

(8) (a) The state board shall provide annual training opportunities to the entities described in Subsection (8) (b) on:

(i) the School LAND Trust Program;

(ii) the responsibilities and formation of:

(A) a school community council consistent with Section 53G-7-1202;

or (B) a charter trust land council consistent with Section 53G-7-1205;

and (iii) as applicable, council responsibilities as described in Section 53G-7-1203.

(b) The state board shall provide the training to:

(i) a local school board or a charter school governing board;

(ii) a district business administrator or a charter business official;

(iii) a school district or a charter school;

and (iv) a school community council.

(9) The state board shall annually review a school's compliance with applicable law, including rules adopted by the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by:

(a) reading each School LAND Trust Program plan submitted;

(b) reviewing proposed expenditures to be made from School LAND Trust Program money;

and (c) conducting an annual compliance review of an LEA using a sample of schools.

(10) The superintendent shall calculate and initiate the annual School LAND Trust distribution to schools through the state board's finance system to each LEA as outlined in Section 53F-2-404.

(11) The superintendent shall administer the School LAND Trust website to provide transparency and accountability to school communities and the public of School LAND Trust plans, reports, and expenditures of trust distributions.

- 23 - SB0058 compared with SB0058S05 (12) The state board shall designate a staff member who administers the School LAND Trust Program to serve as a member of the Land Trusts Protection and Advocacy Committee created under Section 53D-2-202.

{Section 11.

Section 53G-7-1304 is amended to read:

} 53G-7-1304.

Program requirements -- LEA governing board student success framework -- LEA distribution -- School allocation -- Reporting.

(1) (a) To receive an LEA distribution, an LEA governing board shall:

(i) adopt an LEA governing board student success framework to provide guidelines and processes for a school within the LEA governing board's LEA to follow in developing a teacher and student success plan;

and (ii) submit the adopted LEA governing board student success framework to the state board.

(b) An LEA governing board may include in the LEA governing board's student success framework any means reasonably designed to improve school performance or student academic achievement, including:

(i) school personnel stipends for taking on additional responsibility outside of a typical work assignment;

(ii) professional learning;

(iii) additional school employees, including counselors, social workers, mental health workers, tutors, media specialists, information technology specialists, or other specialists;

(iv) technology;

(v) before- or after-school programs;

(vi) summer school programs;

(vii) community support programs or partnerships;

(viii) early childhood education;

(ix) class size reduction strategies;

(x) augmentation of existing programs;

(xi) programs, practices, materials, or equipment specifically designed to address chronic absenteeism as described in Section 53G-7-1206;

[(xi)] (xii) the pilot program described in Section 53G-7-1307;

or [(xii)] (xiii) other means.

- 24 - SB0058 compared with SB0058S05 (c) An LEA governing board student success framework may not support the use of program money:

(i) to supplant funding for existing public education programs;

(ii) for district administration costs;

or (iii) for capital expenditures.

(2) (a) An LEA governing board shall use an LEA distribution as follows:

(i) for increases to base salary and salary driven benefits for school personnel that, except as provided in Subsection (2)(c)(i), total 25% or less of the LEA distribution;

and (ii) except as provided in Subsection (2)(b)(ii) and in accordance with Subsection (3), for each school within the LEA governing board's LEA, an allocation that is equal to the product of:

(A) the percentage of the school's prior year average daily membership compared to the total prior year average daily membership for all schools in the LEA;

and (B) the remaining amount of the LEA governing board's LEA distribution after subtracting the amounts described in Subsections (2)(a)(i) and (2)(b)(ii).

(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules for an LEA governing board to calculate and distribute a school allocation for a school in the school's first year of operation.

(ii) In accordance with Subsection (3) and the rules described in Subsection (2)(b)(i), an LEA governing board shall distribute a school allocation for a school in the school's first year of operation.

(c) Except as provided in Subsection (2)(d), the LEA governing board of a school district may use up to 40% of an LEA distribution for the purposes described in Subsection (2)(a)(i), if:

(i) the LEA governing board has:

(A) approved a board local levy for the maximum amount allowed under Section 53F-8-302;

or (B) after the LEA governing board has submitted an LEA governing board student success framework to the state board, increased the board local levy described in Section 53F-8-302 by at least .0001 per dollar of taxable value;

and (ii) the school district's average teacher salary is below the state average teacher salary described in Subsection (2)(f).

(d) The LEA governing board of a school district in a county of the fourth, fifth, or sixth class or the LEA governing board of a charter school may use up to 40% of an LEA distribution for the - 25 - SB0058 compared with SB0058S05 purposes described in Subsection (2)(a)(i), if the LEA's average teacher salary is below the state average teacher salary described in Subsection (2)(f).

(e) An LEA governing board shall annually report information as requested by the state board for the state board to calculate a state average teacher salary.

(f) The state board shall use the information described in Subsection (2)(c)(ii) to calculate a state average teacher salary amount and a state average teacher benefit amount.

(3) An LEA governing board shall allocate a school allocation to a school with a teacher and student success plan that is approved as described in Section 53G-7-1305.

(4) (a) Except as provided in Subsection (4)(b), a school shall use a school allocation to implement the school's success plan.

(b) A school may use up to 5% of the school's school allocation to fund school personnel retention at the principal's discretion, not including uniform salary increases.

(c) A school may not use a school allocation for:

(i) capital expenditures;

or (ii) a purpose that is not supported by the LEA governing board student success framework for the school's LEA.

(5) A school that receives a school allocation shall annually:

(a) submit to the school's LEA governing board a description of:

(i) the budgeted and actual expenditures of the school's school allocation;

(ii) how the expenditures relate to the school's success plan;

and (iii) how the school measures the success of the school's participation in the program;

and (b) post on the school's website:

(i) the school's approved success plan;

(ii) a description of the school's school allocation budgeted and actual expenditures and how the expenditures help the school accomplish the school's success plan;

and (iii) the school's current level of performance, as described in Section 53G-7-1306, according to the indicators described in Section 53E-5-205 or 53E-5-206.

{Section 12.

Section 53G-7-1305 is amended to read:

} 53G-7-1305.

Teacher and student success plans -- Plan review and approval.

(1) - 26 - SB0058 compared with SB0058S05 (a) The principal of a school shall develop the school's teacher and student success plan:

(i) in accordance with the LEA governing board student success framework for the school's LEA as described in Section 53G-7-1304;

(ii) by integrating school-specific goals and criteria for improving the school's performance within the state accountability system;

and (iii) if the school has a school turnaround plan as defined in Section 53E-5-301, in accordance with the school's school turnaround plan.

(b) A principal shall solicit input on developing a success plan from:

(i) for a district school or charter school:

(A) the school community council, as defined in Section 53G-7-1202;

or (B) the charter trust land council, as described in Section 53G-7-1205;

(ii) school-level educators;

(iii) parents of students at the school;

and (iv) school-level administrators.

(c) A principal may solicit input on developing a success plan from:

(i) students;

(ii) support professionals;

or (iii) other community stakeholders.

(2) (a) The principal of a school shall submit a proposed success plan to the school's LEA governing board.

(b) An LEA governing board shall:

(i) annually review each success plan submitted for a school within the LEA governing board's LEA;

(ii) in a regularly scheduled LEA governing board meeting, approve or disapprove each submitted success plan;

and (iii) upon disapproval of a success plan:

(A) explain in writing the reason for disapproval;

(B) make recommendations for revision;

and (C) allow the principal who submitted the success plan to resubmit a revised plan for review and approval.

(3) An LEA governing board shall make the LEA governing board's best efforts to help a school complete the approval process described in Subsection (2) on or before June 30 of each year.

- 27 - SB0058 compared with SB0058S05 (4) A council, as defined in Section 53G-7-1206, shall select a component of the approved success plan for the council's school to address within the council's School LAND Trust Program, in accordance with Section 53G-7-1206.

Effective date.

2-24-26 9:56 AM - 2818 -