reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 9 - Participation in Female Sports › Section 903 - Severability.

Effective 7/1/2022
53G-6-903.
Severability.
(1) If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this part shall be given effect without the invalidated provision or application.
(2) The provisions of this part are severable.
Enacted by Chapter 478, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 9 - Participation in Female Sports › Section 904 - Indemnification -- Enforcement.

Effective 7/1/2022
53G-6-904.
Indemnification -- Enforcement.
(1) The state shall defend, indemnify, and hold harmless a person acting under color of state law to enforce this part for any claims or damages, including court costs and attorney fees, that:
(a) are brought or incurred as a result of this part; and
(b) are not covered by the person's insurance policies or by any coverage agreement issued by the State Risk Management Fund.
(2) An LEA or school within the public education system with a team that competes in an interscholastic athletic activity is responsible for the enforcement of this part in relation to the LEA's or school's teams.
Enacted by Chapter 1, 2022 Special Session 3
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 10 - Student Eligibility in Interscholastic Activities › Section 1001 - Definitions.

Effective 5/3/2023
53G-6-1001.
Definitions.
As used in this part:
(1) "Athletic association" means an association, as that term is defined in Section 53G-7-1101.
(2) "Birth certificate" means an official record of an individual's date of birth, place of birth, sex, and parentage, including a supplementary certificate of birth or birth certificate amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111.
(3) "Commission" means the School Activity Eligibility Commission created in Section 53G-6-1003.
(4) "Does not correspond with the sex designation" means that a student's sex designation for an interscholastic activity in which a student seeks participation does not correspond with the sex designation on the student's birth certificate or an amendment, including the amendment history, to the student's birth certificate that the Division of Vital Records and Statistics provides.
(5) "Female-designated" means that an interscholastic activity is designated specifically for female students.
(6) "Gender-designated" means that an interscholastic activity or facility is designated specifically for female or male students.
(7) "Gender identity" means the same as that term is defined in Section 34A-5-102.
(8) "Interscholastic activity" means an activity in which a student represents the student's school in the activity in competition against another school.
(9) "Male-designated" means that an interscholastic activity is designated specifically for male students.
(10) "Student" means a student who is enrolled in a public school that participates in interscholastic activities.
Amended by Chapter 340, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 10 - Student Eligibility in Interscholastic Activities › Section 1002 - Effect contingent on court ruling.

Effective 7/1/2022
53G-6-1002.
Effect contingent on court ruling.
This part becomes effective if a court of competent jurisdiction invalidates or enjoins Title 53G, Chapter 6, Part 9, Participation in Female Sports.
Enacted by Chapter 478, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 10 - Student Eligibility in Interscholastic Activities › Section 1005 - Reasonable accommodations.

Effective 7/1/2022
53G-6-1005.
Reasonable accommodations.
Nothing in this part prohibits an athletic association, LEA, or school from adopting reasonable safety and privacy rules and policies that designate facilities, including restrooms, shower facilities, and dressing facilities, provided that the rules and policies described in this section afford reasonable accommodations based on gender identity to all students.
Enacted by Chapter 478, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 10 - Student Eligibility in Interscholastic Activities › Section 1006 - Severability.

Effective 7/1/2022
53G-6-1006.
Severability.
(1) If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this part shall be given effect without the invalidated provision or application.
(2) The provisions of this part are severable.
Enacted by Chapter 478, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 10 - Student Eligibility in Interscholastic Activities › Section 1007 - Indemnification -- Enforcement.

Effective 7/1/2022
53G-6-1007.
Indemnification -- Enforcement.
(1) The state shall defend, indemnify, and hold harmless a person acting under color of state law to enforce this part for any claims or damages, including court costs and attorney fees, that:
(a) are brought or incurred as a result of this part; and
(b) are not covered by the person's insurance policies or by any coverage agreement issued by the State Risk Management Fund.
(2) An LEA or school within the public education system with a team that competes in an interscholastic athletic activity is responsible for the enforcement of this part in relation to the LEA's or school's teams.
Enacted by Chapter 1, 2022 Special Session 3
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 6 - Participation in Public Schools › Part 11 - Title IX Athletics Reporting › Section 1101 - Report -- Action plan.

Effective 5/4/2022
53G-6-1101.
Report -- Action plan.
(1) As used in this section:
(a) "Gender-designated interscholastic sport" means a sport that is specifically designated for female or male students.
(b) "Interscholastic sport" means an activity in which a student represents the student's school in the sport in competition against another school.
(c) "School" means a public school that sponsors or offers an interscholastic sport in which students enrolled at the school may participate.
(d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.
(2) Before the beginning of each academic year, the athletic director or another administrator of each school shall report to the school's local governing board regarding:
(a) the number and type of interscholastic sports available at the school, categorized by gender designation;
(b) the number of students competing in a gender-designated interscholastic sport at the school, categorized by gender;
(c) the amount of spending that the school devotes to each gender-designated sport, reported in total amount and on a per-student basis;
(d) a comparison and evaluation of designated practice and game locations in gender-designated interscholastic sports;
(e) any information regarding the school's efforts in Title IX compliance; and
(f) if there is a discrepancy between male-designated and female-designated sports of 10% or greater, an action plan that the school develops to address the discrepancy.
(3) An LEA governing board that receives the report described in Subsection (2) shall review the report in a public board meeting.
Enacted by Chapter 398, 2022 General Session
Technically renumbered to avoid duplication of enacted Section also enacted in HB 11, Chapter 478.
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 202 - Waivers from state board rules.

Effective 5/14/2019
53G-7-202.
Waivers from state board rules.
(1) A charter school or any other public school or school district may apply to the state board for a waiver of any state board rule that inhibits or hinders the school or the school district from accomplishing its mission or educational goals set out in its strategic plan or charter agreement.
(2) The state board may grant the waiver, unless:
(a) the waiver would cause the school district or the school to be in violation of state or federal law; or
(b) the waiver would threaten the health, safety, or welfare of students in the district or at the school.
(3) If the state board denies the waiver, the reason for the denial shall be provided in writing to the waiver applicant.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 203 - Kindergartens -- Establishment -- Funding -- Assessment.

Effective 7/1/2023
53G-7-203.
Kindergartens -- Establishment -- Funding -- Assessment.
(1) Kindergartens are an integral part of the state's public education system.
(2)
(a) Each LEA governing board shall provide kindergarten classes free of charge for kindergarten children residing within the district or attending the charter school.
(b) Each LEA governing board shall provide a half-day kindergarten option for a student if the student's parent requests a half-day option.
(c) Nothing in this Subsection (2):
(i) allows an LEA governing board to require a student to participate in a full-day kindergarten program;
(ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6, Part 2, Compulsory Education; or
(iii) requires a student who only attends a half day of kindergarten to participate in dual enrollment under Section 53G-6-702.
(3) Kindergartens established under Subsection (2) shall receive state money under Title 53F, Public Education System -- Funding.
(4)
(a) The state board shall:
(i) develop and collect data from a kindergarten assessment that the board selects by rule; and
(ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the administration of and reporting regarding the assessment described in Subsection (4)(a)(i).
(b) An LEA shall:
(i) administer the assessment described in Subsection (4)(a) to each kindergarten student; and
(ii) report to the state board the results of the assessment described in Subsection (4)(b)(i) in relation to each kindergarten student in the LEA.
(5) Beginning with the 2022-2023 school year, the state board shall require LEAs to report average daily membership for all kindergarten students who attend kindergarten on a schedule that is equivalent in length to the schedule for grades 1 through 3 with the October 1 data described in Section 53F-2-302.
Amended by Chapter 347, 2023 General Session
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 204 - Access to student records by custodial and noncustodial parents.

Effective 1/24/2018
53G-7-204.
Access to student records by custodial and noncustodial parents.
(1) Except as provided in Subsection (2), a public school shall allow a custodial parent and a noncustodial parent of a child the same access to their child's education records.
(2) A school may not allow a noncustodial parent access to the child's education records if:
(a) a court has issued an order that limits the noncustodial parent's access to the child's education records; and
(b) the school has received a copy of the court order or has actual knowledge of the court order.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 205 - Assessment of emerging and early reading skills -- Resources provided by school districts.

Effective 5/14/2019
53G-7-205.
Assessment of emerging and early reading skills -- Resources provided by school districts.
(1) The Legislature recognizes that well-developed reading skills help:
(a) children to succeed in school, develop self esteem, and build positive relationships with others;
(b) young adults to become independent learners; and
(c) adults to become and remain productive members of a rapidly changing technology-based society.
(2)
(a) Each potential kindergarten student, the student's parent, and kindergarten personnel at the student's school may participate in an assessment of the student's reading and numeric skills.
(b) The state board, in cooperation with the state's school districts, may develop the assessment instrument and any additional materials needed to implement and supplement the assessment program.
(3) The potential kindergarten student's teacher may use the assessment in planning and developing an instructional program to meet the student's identified needs.
(4)
(a) Each school is encouraged to schedule the assessment early enough before the kindergarten starting date so that a potential kindergarten student's parent has time to develop the child's needed skills as identified by the assessment.
(b) Based on the assessment under Subsection (2), the school shall provide the potential student's parent with appropriate resource materials to assist the parent at home in the student's literacy development.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 206 - Acceptance of credits and grades awarded by accredited schools.

Effective 5/14/2019
53G-7-206.
Acceptance of credits and grades awarded by accredited schools.
(1)
(a) A public school shall accept credits and grades awarded to a student by a school accredited or approved by the state board or accredited or recognized by the Northwest Association of Accredited Schools as issued by the school, without alterations.
(b) Credits awarded for a core standards for Utah public schools course shall be applied to fulfilling core standards for Utah public schools requirements.
(2) Subsection (1) applies to credits awarded to a student who:
(a) transfers to a public school; or
(b) while enrolled in the public school, takes courses offered by another public or private school.
(3) Subsection (1) applies to:
(a) traditional classes in which an instructor is present in the classroom and the student is required to attend the class for a particular length of time;
(b) open entry/open exit classes in which the student has the flexibility to begin or end study at any time, progress through course material at his own pace, and demonstrate competency when knowledge and skills have been mastered;
(c) courses offered over the Internet; or
(d) distance learning courses.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 207 - Period of silence.

Effective 1/24/2018
53G-7-207.
Period of silence.
A teacher may provide for the observance of a period of silence each school day in a public school.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 208 - Local governmental entities and school districts -- Contracts and cooperation -- Disbursement of funds -- Municipal and county representative participation in local school board meetings -- Notice required.

Effective 5/14/2019
53G-7-208.
Local governmental entities and school districts -- Contracts and cooperation -- Disbursement of funds -- Municipal and county representative participation in local school board meetings -- Notice required.
(1) Local governmental entities and school districts may contract and cooperate with one another in matters affecting the health, welfare, education, and convenience of the inhabitants within their respective territorial limits.
(2) A local governmental entity may disburse public funds in aid of a school district located wholly or partially within the limits of its jurisdiction.
(3)
(a) As used in this Subsection (3):
(i) "Interested county executive" means the county executive or county manager of a county with unincorporated area within the boundary of a school district, or the designee of the county executive or county manager.
(ii) "Interested mayor" means the mayor of a municipality that is partly or entirely within the boundary of a school district, or the mayor's designee.
(b) A local school board shall allow an interested mayor and interested county executive to attend and participate in the local school board discussions at a local school board meeting that is open to the public under Title 52, Chapter 4, Open and Public Meetings Act.
(c) An interested county executive and interested mayor may attend and participate in local school board discussions at a local school board meeting that is closed to the public under Title 52, Chapter 4, Open and Public Meetings Act, if:
(i) the local school board invites the interested county executive or interested mayor to attend and participate; and
(ii) for a closed meeting held for the purpose of discussing the local school board's disposition or acquisition of real property, the interested county executive or interested mayor does not have a conflict of interest with respect to the real estate disposition or acquisition.
(d)
(i) A county or municipality may enter into an agreement with a school district under Title 11, Chapter 13, Interlocal Cooperation Act, to govern the attendance of an interested county executive or interested mayor at a local school board meeting.
(ii) An agreement under Subsection (3)(d)(i) may not be inconsistent with the provisions of this Subsection (3).
(e) Each local school board shall give notice of local school board meetings to each interested mayor and interested county executive.
(f) The notice required under Subsection (3)(c) shall be provided by:
(i) mail;
(ii) e-mail; or
(iii) other effective means agreed to by the person to whom notice is given.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 209 - Use of public school buildings and grounds as civic centers.

Effective 1/24/2018
53G-7-209.
Use of public school buildings and grounds as civic centers.
(1) As used in this section, "civic center" means a public school building or ground, including a charter school building or ground, that is established and maintained as a limited public forum for supervised recreational activities and meetings.
(2) Except as provided in Subsection (3), all public school buildings and grounds shall be civic centers.
(3) The use of school property as a civic center:
(a) may not interfere with a school function or purpose; and
(b) is considered a permit for governmental immunity purposes for a governmental entity under Subsection 63G-7-201(4)(c).
(4) The organizer of an event may not use a civic center unless the organizer resides within the geographic boundaries of the school district in which the civic center is located.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 210 - Local school boards' and charter school governing boards' responsibility for school buildings and grounds when used as civic centers.

Effective 1/24/2018
53G-7-210.
Local school boards' and charter school governing boards' responsibility for school buildings and grounds when used as civic centers.
(1) As used in this section, "civic center" means the same as that term is defined in Section 53G-7-209.
(2) A local school board or charter school governing board:
(a) shall manage, direct, and control civic centers;
(b) shall adopt policies for the use of civic centers;
(c) may charge a reasonable fee for the use of a civic center so that the school district or charter school incurs no expense for that use;
(d) may appoint a special functions officer under Section 53-13-105 to have charge of the grounds and protect school property when used for civic center purposes;
(e) shall allow the use of a civic center, for other than school purposes, unless it determines that the use interferes with a school function or purpose; and
(f) shall ensure that school administrators are trained about and properly implement the provisions of this section and Section 53G-7-209.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 211 - Display of American flag.

Effective 1/24/2018
53G-7-211.
Display of American flag.
(1) Each local school board shall provide each school within the district with a suitable flagpole.
(2) The American flag shall be displayed on every school day and on every state and national holiday.
(3) The flag shall be maintained in a respectable condition.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 212 - Voter registration forms for high school students.

Effective 1/24/2018
53G-7-212.
Voter registration forms for high school students.
Each public school district and each accredited nonpublic school shall provide voter registration forms to students as required by Section 20A-2-302.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 214 - Honorary high school diploma for certain veterans.

Effective 5/14/2019
53G-7-214.
Honorary high school diploma for certain veterans.
(1) A local school board may award an honorary high school diploma to a veteran, if the veteran:
(a) left high school before graduating in order to serve in the armed forces of the United States;
(b) served in the armed forces of the United States during the period of World War II, the Korean War, or the Vietnam War;
(c)
(i) was honorably discharged; or
(ii) was released from active duty because of a service-related disability; and
(d)
(i) resides within the school district; or
(ii) resided within the school district at the time of leaving high school to serve in the armed forces of the United States.
(2) To receive an honorary high school diploma, a veteran or immediate family member or guardian of a veteran shall submit to a local school board:
(a) a request for an honorary high school diploma; and
(b) information required by the local school board to verify the veteran's eligibility for an honorary high school diploma under Subsection (1).
(3) At the request of a veteran, a veteran's immediate family member or guardian, or a local school board, the Department of Veterans and Military Affairs shall certify whether the veteran meets the requirements of Subsections (1)(b) and (c).
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 215 - Personalized, competency-based learning -- Recommendations -- Coordination.

Effective 5/5/2021
53G-7-215.
Personalized, competency-based learning -- Recommendations -- Coordination.
(1) As used in this section, "personalized, competency-based learning" means the same as that term is defined in Section 53F-5-501.
(2) A local school board or a charter school governing board may establish a personalized, competency-based learning program.
(3) A local school board or charter school governing board that establishes a personalized, competency-based learning program shall:
(a) establish assessments to accurately measure competency;
(b) provide the assessments to an enrolled student at no cost to the student;
(c) award credit to a student who demonstrates competency and subject mastery;
(d) submit the competency-based standards to the state board for review; and
(e) publish the competency-based standards on its website or by other electronic means readily accessible to the public.
(4) A local school board or charter school governing board may:
(a) on a random lottery-based basis, limit enrollment to courses that have been designated as competency-based courses;
(b) waive or adapt traditional attendance requirements;
(c) adjust class sizes to maximize the value of course instructors or course mentors;
(d) enroll students from any geographic location within the state; and
(e) provide proctored online competency-based assessments.
Amended by Chapter 129, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 216 - Purchases of educational technology.

Effective 1/24/2018
53G-7-216.
Purchases of educational technology.
(1)
(a) A school district or charter school shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in purchasing technology, except as otherwise provided in Subsection (1)(b).
(b) A school district or charter school may purchase computers from, and contract for the repair or refurbishing of computers with, the Utah Correctional Industries without going through the bidding or competition procedures outlined in Title 63G, Chapter 6a, Utah Procurement Code.
(2) A school district or charter school may purchase technology through cooperative purchasing contracts administered by the state Division of Purchasing or through its own established purchasing program.
(3) Consistent with policies adopted by a local school board or charter school governing board, a school district or charter school that purchases technology under this section shall ensure that adequate on and off campus Internet filtering is installed and consistently configured to prevent viewing of harmful content by students and school personnel.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 217 - Prohibition on billing for certain health care services.

Effective 5/14/2019
53G-7-217.
Prohibition on billing for certain health care services.
A local education agency, or an employee or contractor of a local education agency, may not bill:
(1) a health benefit plan as defined in Section 31A-1-301, for any service that is:
(a) provided under an individualized education program as defined in Section 53E-4-301; or
(b) administrative in nature to the local education agency; or
(2) a student or a student's family for a service that is:
(a) performed by the local education agency or an employee or contractor of a local education agency; and
(b) not covered by the student's health benefit plan.
Enacted by Chapter 172, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 219 - Medical specialists in public schools.

Effective 5/4/2022
53G-7-219.
Medical specialists in public schools.
(1) As used in this section:
(a) "Qualified individual" means an individual who:
(i) is employed by an LEA; and
(ii) provides related services in a school-based setting.
(b) "Qualified individual" includes:
(i) an audiologist;
(ii) a speech-language pathologist;
(iii) a mental health practitioner;
(iv) a school nurse;
(v) an occupational therapist; and
(vi) a physical therapist.
(c) "Related services" means the same as that term is defined in 34 C.F.R. 300.34.
(2) An LEA may adopt a salary schedule, or salary schedules, for qualified individuals, that:
(a) is separate from salary schedules adopted for other LEA employees; and
(b) takes into consideration the market rate for related services provided outside of a school-based setting.
Amended by Chapter 214, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 220 - School bus inspection policy.

Effective 5/5/2021
53G-7-220.
School bus inspection policy.
An LEA governing board that provides transportation shall establish a written policy that:
(1) requires a school bus driver to inspect the entire length of the interior of a school bus at the end of every route; and
(2) requires disciplinary action pursuant to LEA policies and practices for failure to perform the inspection described in Subsection (1).
Enacted by Chapter 290, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 222 - Budget flexibility for innovation LEAs.

Effective 5/4/2022
53G-7-222.
Budget flexibility for innovation LEAs.
(1) As used in this section:
(a) "Innovation LEA" means the same as that term is defined in Section 53G-7-221.
(b) "Innovation school" means the same as that term is defined in Section 53G-7-221.
(c) "Innovative education program" means the same as that term is defined in Section 53G-7-221.
(2) Notwithstanding any other provision of the Utah Code:
(a) an innovation LEA may, in each fiscal year:
(i) apply to the state board for approval to expend up to 35% of the LEA's state restricted funding for each formula-based program to support an innovative education program at an innovation school in the innovation LEA; and
(ii) except as provided in Subsection (2)(b), transfer fund balances between funds as necessary to expend funds as described in Subsection (2)(a)(i); and
(b) an innovation LEA may not transfer funds under Subsection (2)(a) related to:
(i) the school LAND Trust Program, established in Section 53G-7-1206; or
(ii) a qualified grant program.
(3) An innovation LEA that expends funds as described in Subsection (2)(a) shall, in accordance with the requirements that the state board establishes under Subsection (4), report to the state board on how the innovation LEA expends the funds.
(4) The state board shall:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
(i) requirements for an innovation LEA to apply for the state board's approval to expend funds as described in Subsection (2);
(ii) procedures for an innovation LEA to submit the application described in Subsection (4)(a); and
(iii) requirements for the report described in Subsection (3); and
(b) upon request of the Education Interim Committee, provide a report described in Subsection (3) to the Education Interim Committee.
(5) In addition to the requirements established by the state board under Subsection (4)(a)(i), an innovation LEA shall demonstrate how the innovation LEA has met the requirements of each formula-based program from which the innovation LEA seeks approval to expend funds as described in Subsection (2).
(6)
(a) Nothing in this section authorizes an innovation LEA to violate:
(i) federal law; or
(ii) federal restrictions on the LEA's funds.
(b) An innovation LEA that takes an action that this section authorizes shall ensure that the innovation LEA continues to meet federal maintenance of effort requirements.
Enacted by Chapter 291, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 2 - Powers and Miscellaneous Duties › Section 223 - Policy supporting students learning English, parents, and families.

Effective 5/3/2023
53G-7-223.
Policy supporting students learning English, parents, and families.
(1) An LEA shall adopt a policy addressing the LEA's communication and assistance to students learning English, their parents, and their families.
(2) The policy shall provide:
(a) guidance on the appropriate use of an interpreter and recommended interpreter qualifications, including certification or education-specific experience, for the following:
(i) classroom activities;
(ii) impromptu and scheduled office visits or phone calls;
(iii) enrollment or registration processes;
(iv) the IEP process;
(v) student educational and occupational planning processes;
(vi) fee waiver processes;
(vii) parent engagement activities;
(viii) student disciplinary meetings;
(ix) school community councils;
(x) school board meetings;
(xi) other school or LEA activities; and
(xii) other interactions between the parents of a student learning English and educational staff;
(b) guidance on the appropriate use of a translator or interpreter for the translation or interpretation of:
(i) registration or enrollment materials, including home language surveys and English learning program entrance and exit notifications;
(ii) assignments and accompanying materials;
(iii) report cards or other progress reports;
(iv) student discipline policies and procedures;
(v) grievance procedures and notices of rights and nondiscrimination;
(vi) parent or family handbooks; and
(vii) requests for parent permission; and
(c) any other guidance, including guidance on when oral interpretation is preferable to written translation, to improve instruction and assistance by teachers, counselors, and administrators to a student learning English and the student's parents and family.
(3) The state board shall provide to an LEA notification of LEA requirements described in this section, a model of the policy described in this section, and guidance and technical assistance regarding existing requirements in relevant statute, administrative rule, and federal law.
(4) On or before July 1, 2023, the state board shall provide to the Education Interim Committee a funding projection for annual and one-time costs associated with an LEA's implementation of the policy described in this section.
Amended by Chapter 127, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 302 - School district and charter school budgets.

Effective 5/14/2019
53G-7-302.
School district and charter school budgets.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "LEA governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) Before June 1 of each year, the budget officer shall prepare a tentative budget, with supporting documentation, to be submitted to the budget officer's LEA governing board.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) for a school district, an estimate of the revenues for the succeeding fiscal year based upon the lowest tax levy that will raise the required revenue, using the current year's taxable value as the basis for this calculation;
(d) a detailed estimate of the essential expenditures for all purposes for the next succeeding fiscal year; and
(e) the estimated financial condition of the school district or charter school by funds at the close of the current fiscal year.
(4) The tentative budget shall be filed with the district business administrator or charter school executive director for public inspection at least 15 days before the date of the tentative budget's proposed adoption by the LEA governing board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 303 - LEA governing board budget procedures.

Effective 5/14/2019
53G-7-303.
LEA governing board budget procedures.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "LEA governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2)
(a) For a school district, before June 30 of each year, a local school board shall adopt a budget and make appropriations for the next fiscal year.
(b) For a school district, if the tax rate in the school district's proposed budget exceeds the certified tax rate defined in Section 59-2-924, the local school board shall comply with Section 59-2-919 in adopting the budget, except as provided by Section 53F-8-301.
(3)
(a) For a school district, before the adoption or amendment of a budget, a local school board shall hold a public hearing, as defined in Section 10-9a-103, on the proposed budget or budget amendment.
(b) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act, in regards to the public hearing described in Subsection (3)(a), at least 10 days prior to the public hearing, a local school board shall:
(i) publish a notice of the public hearing in a newspaper or combination of newspapers of general circulation in the school district, except as provided in Section 45-1-101;
(ii) publish a notice of the public hearing electronically in accordance with Section 45-1-101;
(iii) file a copy of the proposed budget with the local school board's business administrator for public inspection; and
(iv) post the proposed budget on the school district's Internet website.
(c) A notice of a public hearing on a school district's proposed budget shall include information on how the public may access the proposed budget as provided in Subsections (3)(b)(iii) and (iv).
(4) For a charter school, before June 30 of each year, a charter school governing board shall adopt a budget for the next fiscal year.
(5) Within 30 days of adopting a budget, an LEA governing board shall file a copy of the adopted budget with the state auditor and the state board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 304 - Undistributed reserve in local school board budget.

Effective 5/14/2019
53G-7-304.
Undistributed reserve in local school board budget.
(1) A local school board may adopt a budget with an undistributed reserve. The reserve may not exceed 5% of the maintenance and operation budget adopted by the local school board in accordance with a scale developed by the state board. The scale is based on the size of the school district's budget.
(2) The local school board may appropriate all or a part of the undistributed reserve made to any expenditure classification in the maintenance and operation budget by written resolution adopted by a majority vote of the local school board setting forth the reasons for the appropriation. The local school board shall file a copy of the resolution with the state board and the state auditor.
(3) The local school board may not use undistributed reserves in the negotiation or settlement of contract salaries for school district employees.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 305 - Limits on appropriations -- Estimated expendable revenue.

Effective 5/14/2019
53G-7-305.
Limits on appropriations -- Estimated expendable revenue.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "LEA governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) An LEA governing board may not make an appropriation in excess of its estimated expendable revenue, including undistributed reserves, for the following fiscal year.
(3) An LEA governing board may reduce a budget appropriation at the LEA governing board's regular meeting if notice of the proposed action is given to all LEA governing board members and to the district superintendent or charter school executive director, as applicable, at least one week before the meeting.
(4) For a school district, in determining the estimated expendable revenue, any existing deficits arising through excessive expenditures from former years are deducted from the estimated revenue for the ensuing year to the extent of at least 10% of the entire tax revenue of the district for the previous year.
(5) For a school district, in the event of financial hardships, the local school board may deduct from the estimated expendable revenue for the ensuing year, by fund, at least 25% of the deficit amount.
(6) For a school district, all estimated balances available for appropriations at the end of the fiscal year shall revert to the funds from which they were appropriated and shall be fund balances available for appropriation in the budget of the following year.
(7) For a school district, an increase in an appropriation may not be made by the local school board unless the following steps are taken:
(a) the local school board receives a written request from the district superintendent that sets forth the reasons for the proposed increase;
(b) notice of the request is published:
(i) in a newspaper of general circulation within the school district at least one week before the local school board meeting at which the request will be considered; and
(ii) in accordance with Section 45-1-101, at least one week before the local school board meeting at which the request will be considered; and
(c) the local school board holds a public hearing on the request before the local school board's acting on the request.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 306 - School district interfund transfers.

Effective 5/5/2021
53G-7-306.
School district interfund transfers.
(1) A school district shall spend revenues only within the fund for which they were originally authorized, levied, collected, or appropriated.
(2) Except as otherwise provided in this section, school district interfund transfers of residual equity are prohibited.
(3) The state board may authorize school district interfund transfers of residual equity when a district states its intent to create a new fund or expand, contract, or liquidate an existing fund.
(4) The state board may also authorize school district interfund transfers of residual equity for a financially distressed district if the state board determines the following:
(a) the district has a significant deficit in its maintenance and operations fund caused by circumstances not subject to the administrative decisions of the district;
(b) the deficit cannot be reasonably reduced under Section 53G-7-305; and
(c) without the transfer, the school district will not be capable of meeting statewide educational standards adopted by the state board.
(5) The state board shall develop by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, standards for defining and aiding financially distressed school districts under this section.
(6)
(a) All debt service levies not subject to certified tax rate hearings shall be recorded and reported in the debt service fund.
(b) Debt service levies under Subsection 59-2-924(5)(d) that are not subject to the public hearing provisions of Section 59-2-919 may not be used for any purpose other than retiring general obligation debt.
(c) Amounts from these levies remaining in the debt service fund at the end of a fiscal year shall be used in subsequent years for general obligation debt retirement.
(d) Any amounts left in the debt service fund after all general obligation debt has been retired may be transferred to the capital projects fund upon completion of the budgetary hearing process required under Section 53G-7-303.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 307 - Warrants drawn by budget officer.

Effective 5/14/2019
53G-7-307.
Warrants drawn by budget officer.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "LEA governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) The budget officer of an LEA governing board may not draw warrants on school district or charter school funds except in accordance with and within the limits of the budget passed by the LEA governing board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 308 - Emergency expenditures.

Effective 1/24/2018
53G-7-308.
Emergency expenditures.
This part does not apply to appropriations required because of emergencies involving loss of life or great loss of property.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 3 - Budgets › Section 309 - Monthly budget reports.

Effective 5/14/2019
53G-7-309.
Monthly budget reports.
(1) As used in this section:
(a) "Budget officer" means:
(i) for a school district, the school district's superintendent; or
(ii) for a charter school, an individual selected by the charter school governing board.
(b) "LEA governing board" means:
(i) for a school district, the local school board; or
(ii) for a charter school, the charter school governing board.
(2) The business administrator or budget officer of an LEA governing board shall provide each LEA governing board member with a report, on a monthly basis, that includes the following information:
(a) the amounts of all budget appropriations;
(b) the disbursements from the appropriations as of the date of the report; and
(c) the percentage of the disbursements as of the date of the report.
(3) Within five days of providing the monthly report described in Subsection (2) to an LEA governing board, the business administrator or budget officer shall make a copy of the report available for public review.
Amended by Chapter 293, 2019 General Session