HB 129 — Education Board Amendments

[(10)] (11) "Parent" means a parent or legal guardian.

[(11)] (12) "Public education code" means:

(a) this title;

(b) Title 53F, Public Education System -- Funding;

and (c) Title 53G, Public Education System -- Local Administration.

[(12) "Section 504 accommodation plan" means a plan developed in accordance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

Sec.

701 et seq., for a student with a disability, to meet the student's educational needs and ensure equitable access to a free appropriate public education.] (13) "School nurse" means a registered nurse:

(a) who holds:

(i) a license under Title 58, Chapter 31b, Nurse Practice Act;

or (ii) a multistate license as that term is defined in Section 58-31e-102;

and (b) whose primary role is the care of a defined group of students enrolled in the public school system.

(14) "Section 504 accommodation plan" means a plan developed in accordance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

Sec.

701 et seq., for a student with a disability, to meet the student's educational needs and ensure equitable access to a free appropriate public education.

[(14)] (15) "State board" means the State Board of Education.

[(15)] (16) "State superintendent" means the state superintendent of public instruction appointed under Section 53E-3-301.

{Section 2.

Section 53E-3-301 is amended to read:

} - 3 - HB0129 compared with HB0129S01 53E-3-301.

State superintendent appointment -- Qualifications -- Duties.

[(1) (a) The state board shall appoint a state superintendent of public instruction, who is the executive officer of the state board and serves at the pleasure of the state board.] [(b) The state board shall appoint the state superintendent on the basis of outstanding professional qualifications.] [(c) The state superintendent shall administer all programs assigned to the state board in accordance with the policies and the standards established by the state board.] (1) (a) Subject to Subsection (6), the state board shall appoint a state superintendent of public instruction who serves as the board's chief executive officer.

(b) The state superintendent shall administer all programs assigned to the state board in accordance with the state board's rules, policies, directives, and standards.

(2) (a) The state superintendent's initial term of office is for a time period the state board establishes and until, subject to Subsection (6), a successor is appointed and qualified.

(b) The state board shall enter into an employment contract with the state superintendent that, at a minimum, includes terms related to job duties, compensation, performance evaluation, termination, and resignation.

(c) The state board may not enter into an employment contract that contains an automatic renewal provision with the state superintendent.

(d) The state board may remove the state superintendent at any time during the state superintendent's initial term, with or without cause, subject to any contractual obligations in the employment contract.

(e) Nothing in this section requires the state board to renew a state superintendent's term or establishes requirements or prohibitions on a subsequent term after the state superintendent's initial term.

(3) Unless a vacancy occurs during an interim vacancy period subject to Subsection (6), if it becomes necessary to appoint an acting state superintendent due to a vacancy in the office of state superintendent, the state board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new state superintendent.

- 4 - HB0129 compared with HB0129S01 (4) The state board shall set the state superintendent's compensation for services.

(5) A state superintendent qualifies for office by taking the constitutional oath of office.

(6) (a) As used in this Subsection (6), "interim vacancy period" means the period of time that:

(i) begins on the day on which a general election described in Section 20A-1-202 is held to elect a member of the state board;

and (ii) ends on the day on which the member-elect begins the member's term.

(b) (i) The state board may not appoint a state superintendent during an interim vacancy period.

(ii) Notwithstanding Subsection (6)(b)(i):

(A) the state board may appoint an acting state superintendent during an interim vacancy period;

and (B) the acting state superintendent's term shall expire once a new state superintendent is appointed by the state board after the interim vacancy period has ended.

(c) Subsection (6)(b) does not apply if all the state board members who held office on the day of the general election whose term of office was vacant for the election are re-elected to the state board for the following term.

[(2)] (7) The state board shall, with the state superintendent, develop a statewide education strategy focusing on core academics, including the development of:

(a) core standards for Utah public schools and graduation requirements, in accordance with Section 53E-4-204;

(b) a process to select model instructional materials that best correlate with the core standards for Utah public schools and graduation requirements that are supported by generally accepted scientific standards of evidence;

(c) professional development programs for teachers, superintendents, and principals;

(d) model remediation programs;

(e) a model method for creating individual student learning targets, and a method of measuring an individual student's performance toward those targets;

(f) progress-based assessments for ongoing performance evaluations of school districts and schools;

(g) incentives to achieve the desired outcome of individual student progress in core academics that do not create disincentives for setting high goals for the students;

- 5 - HB0129 compared with HB0129S01 (h) an annual report card for school and school district performance, measuring learning and reporting progress-based assessments;

(i) a systematic method to encourage innovation in schools and school districts as each strives to achieve improvement in performance;

and (j) a method for identifying and sharing best demonstrated practices across school districts and schools.

[(3)] (8) The state superintendent shall perform duties[ assigned by] the state board assigns, including:

(a) investigating all matters pertaining to the public schools;

(b) adopting and keeping an official seal to authenticate the state superintendent's official acts;

(c) holding and conducting meetings, seminars, and conferences on educational topics;

(d) collecting and organizing education data into an automated decision support system to facilitate school district and school improvement planning, accountability reporting, performance recognition, and the evaluation of educational policy and program effectiveness to include:

(i) data that are:

(A) comparable across schools and school districts;

(B) appropriate for use in longitudinal studies;

and (C) comprehensive with regard to the data elements required under applicable state or federal law or state board rule;

(ii) features that enable users, most particularly school administrators, teachers, and parents, to:

(A) retrieve school and school district level data electronically;

(B) interpret the data visually;

and (C) draw conclusions that are statistically valid;

and (iii) procedures for the collection and management of education data that[:] require all school districts and schools to comply with the data collection and management procedures established under state law and that [(A)] require the state superintendent to:

[(I)] (A) collaborate with school districts and charter schools in designing and implementing uniform data standards and definitions;

[(II)] (B) undertake or sponsor research to implement improved methods for analyzing education data;

[(III)] (C) provide for data security to prevent unauthorized access to or contamination of the data;

and [(IV)] (D) protect the confidentiality of data under state and federal privacy laws;

[and] - 6 - HB0129 compared with HB0129S01 [(B) require all school districts and schools to comply with the data collection and management procedures established under this Subsection (3)(d);] (e) administering and implementing federal educational programs in accordance with Part 8, Implementing Federal or National Education Programs;

and (f) with the approval of the state board, preparing and submitting to the governor a budget for the state board to be included in the budget that the governor submits to the Legislature.

[(4)] (9) Upon leaving office, the state superintendent shall deliver to the state superintendent's successor all books, records, documents, maps, reports, papers, and other articles pertaining to the state superintendent's office.

{Section 3.

Section 53E-3-302 is amended to read:

} 53E-3-302.

Compensation of state superintendent -- Other state board employees.

(1) The state board shall establish the compensation of the state superintendent.

(2) The state board may, as necessary for the proper administration and supervision of the public school system:

(a) appoint other employees;

and (b) delegate appropriate duties and responsibilities, through the state superintendent, to state board employees.

(3) [The] Subject to legislative appropriations, the state board shall establish the compensation and duties of state board employees[ shall be established by the state board and paid from money appropriated for that purpose].

(4) (a) Regarding personnel matters:

(i) the state board may only assign duties directly to the state superintendent and other direct appointees of the state board through formal state board action;

and (ii) absent specific state board direction to the state superintendent, the state superintendent shall assign and supervise agency employee duties consistent with state board rules, policies, directives, and standards.

(b) Except as expressly provided in statute, an employee of the state board:

(i) may not exercise a duty or authority legally pertaining to an LEA governing board or district superintendent;

and - 7 - HB0129 compared with HB0129S01 (ii) may only receive duties or authority from the board or state superintendent as provided in this Subsection (4).

(c) If allowed by and in accordance with state board rules, policies, directives, or standards, nothing in this Subsection (4) prohibits:

(i) individual state board members from requesting information, data, research, or briefings from state board employees;

(ii) state board members from collaborating with staff in developing policy recommendations;

or (iii) state board committees from working with assigned staff to fulfill committee duties.

{Section 4.

Section 53E-3-303 is amended to read:

} 53E-3-303.

Advice by state superintendent -- Written opinions.

[(1) The state superintendent shall advise superintendents, LEA governing boards, and other school officers upon all matters involving the welfare of the schools.] (1) The state superintendent shall advise superintendents, local education agency governing boards, and other school officers on all matters involving the welfare of the schools.

(2) If requested by a superintendent or a local education agency governing board member, the state superintendent shall provide written opinions on questions of public education, administrative policy, and procedures.

(3) The state superintendent shall communicate with superintendents, local education agency governing board members, and other school officers to enforce compliance with state board rules, policies, directives, or standards.

(4) The state superintendent may only provide opinions on questions of law that are issued by the attorney general.

[(2) The state superintendent shall, when requested by district superintendents or other school officers, provide written opinions on questions of public education, administrative policy, and procedure, but not upon questions of law.] (5) This section does not limit the state superintendent's authority to impose penalties, require corrective action agreements, or withhold state funds as authorized by state law, including Sections 53E-3-301, 53E-3-401, and 53F-1-104.

[(3)] (6) Upon request by the state superintendent, the attorney general shall issue written opinions on questions of law.

- 8 - HB0129 compared with HB0129S01 [(4) Opinions issued under this section shall be considered to be correct and final unless set aside by a court of competent jurisdiction or by subsequent legislation.] Section 1.

53E-3-401.53E-3-401 .

(ii) an entity that enters into a contract with the state board to provide an educational goodH.B. or service;

129 Enrolled Copy good or service;

(2)(2)[(a)] [(a)] The state board has general control and supervision of the state's public education system.

(4)(4)(a) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board may make rules to execute the state board's duties and responsibilities under the Utah Constitution and state law[.] :

or (ii) absent express statutory rulemaking direction, as necessary to implementimplement: the requirements of a statute.

(A) the requirements of a statute;

or (B) programs that the Legislature may designate, including agency action described in Subsection 63G-3-201(2).

-(5)(a) 9 - HB0129 compared with HB0129S01 (5) (a) The state board may sell any interest it holds in real property upon a finding by the state board that the property interest is surplus.

(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and related- matters2 during- theEnrolled nextCopy followingH.B. session of the Legislature.

129 related matters during the next following session of the Legislature.

(8)(8)(a) (a) The state board shall provide procedures for addressing and resolving compliance and monitoring issues related to this public education code, federal law, or rules, including:

- 10 - HB0129 compared with HB0129S01 (vii) require the education entity to hire a third-party provider to provide services the state board determines necessary;

(c)- Except3 for- temporarilyH.B. withheld funds, if the state board collects state funds under Subsection (8)(b), the state board shall pay the funds into the Uniform School Fund.

129 Enrolled Copy (c) Except for temporarily withheld funds, if the state board collects state funds under Subsection (8)(b), the state board shall pay the funds into the Uniform School Fund.

(e)(e)(i) (i) An individual may bring a violation of statute or state board rule to the attention of the state board in accordance with a process described in rule adopted by the state board.

(11)(11)(a) - 11 - HB0129 compared with HB0129S01 (a) The state board may appoint an attorney to provide legal advice to the state board and coordinate legal affairs for the state board and the state board's employees.

Section- 2.4 - Enrolled Copy H.B.

129 Section 2.

This Bill Repeals:

{Section 6.

Section 53E-8-204 is amended to read:

} 53E-8-204.

Authority of the state board -- Rulemaking -- Superintendent -- Advisory council.

(1) (a) The state board is the governing board of the Utah Schools for the Deaf and the Blind.

(b) The state board shall, as the state board determines necessary, establish committees, policies, or processes necessary to the function and oversight of the Utah Schools for the Deaf and the Blind.

(2) (a) [The state board shall appoint a superintendent for the Utah Schools for the Deaf and the Blind.] In accordance with Subsection (2)(b) and subject to state board approval, the state superintendent shall appoint an assistant superintendent to serve as superintendent for the Utah Schools for the Deaf and the Blind.

(b) The superintendent of the Utah Schools for the Deaf and the Blind:

(i) is an assistant superintendent to the state superintendent;

and (ii) reports to the state superintendent.

- 12 - HB0129 compared with HB0129S01 (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties of the superintendent for the Utah Schools for the Deaf and the Blind.

(3) The superintendent shall:

(a) subject to the approval of the state board, appoint an associate superintendent to administer the Utah School for the Deaf based on:

(i) demonstrated competency as an expert educator of deaf persons;

and (ii) knowledge of school management and the instruction of deaf persons;

and (b) subject to the approval of the state board, appoint an associate superintendent to administer the Utah School for the Blind based on:

(i) demonstrated competency as an expert educator of blind persons;

and (ii) knowledge of school management and the instruction of blind persons, including an understanding of the unique needs and education of deafblind persons.

(4) The state board shall:

(a) approve the annual budget and expenditures of the Utah Schools for the Deaf and the Blind;

and (b) administer the financial operations of the Utah Schools for the Deaf and the Blind.

(5) (a) The state board shall submit a report in accordance with Section 53E-1-201 on the Utah Schools for the Deaf and the Blind.

(b) The state board shall ensure that the report described in Subsection (5)(a) includes:

(i) a financial report;

(ii) a report on Utah Schools for the Deaf and the Blind programs and activities;

and (iii) a report of student academic performance.

Effective date.

2-10-26 3:59 PM - 135 -