reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 4 - Health Curriculum Requirements › Section 407 - Positive behaviors plan -- Positive behaviors specialist stipend -- Reports.

Effective 7/1/2023
53G-10-407.
Positive behaviors plan -- Positive behaviors specialist stipend -- Reports.
(1) As used in this section:
(a) "Positive behaviors plan" means a plan to address the causes of student use of tobacco, alcohol, electronic cigarette products, and other controlled substances through promoting positive behaviors.
(b) "Positive behaviors specialist" means an individual designated to administer a positive behaviors plan.
(2)
(a) A school principal shall:
(i) create a positive behaviors plan based on the input of students, parents, and staff; and
(ii) submit the positive behaviors plan to the LEA governing board for approval.
(b) A positive behaviors plan shall address issues including peer pressure, mental health, and creating meaningful relationships.
(c) A positive behaviors plan may include programs, clubs, service opportunities, and pro-social activities.
(3) Each LEA shall designate one or more employees as a positive behaviors specialist for each school to administer the positive behaviors plan.
(4)
(a) Except as provided in Section 53F-2-525, the state board shall distribute annually to each school:
(i) $3,000 as a stipend for the positive behaviors specialists; and
(ii) $1,000 to administer the positive behaviors plan.
(b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs associated with stipends, the state board may reduce the amount of the stipend.
(5)
(a) A positive behaviors specialist shall annually submit a written report to the LEA governing board detailing how the positive behaviors plan was implemented in the prior year.
(b) Except as provided in Subsection 53F-2-525(5), an LEA governing board shall submit an annual report to the state board confirming that each school under the governing board's jurisdiction has an approved positive behaviors plan.
Amended by Chapter 98, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 501 - Definitions.

Effective 5/14/2019
53G-10-501.
Definitions.
As used in this part:
(1) "Driver education" includes classroom instruction and driving and observation in a dual-controlled motor vehicle.
(2) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor vehicle under the supervision of a certified instructor.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 502 - Driver education established by a local education agency.

Effective 5/5/2021
53G-10-502.
Driver education established by a local education agency.
(1)
(a) A local education agency may establish and maintain driver education for pupils.
(b) A school or local education agency that provides driver education shall provide an opportunity for each pupil enrolled in that school or local education agency to take the written test when the pupil is 15 years and nine months of age.
(c) Notwithstanding the provisions of Subsection (1)(b), a school or local education agency that provides driver education may provide an opportunity for each pupil enrolled in that school or local education agency to take the written test when the pupil is 15 years of age.
(2) The purpose of driver education is to help develop the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules for driver education offered in the public schools.
(4) The rules under Subsection (3) shall:
(a) require at least one hour of classroom training on the subject of railroad crossing safety for each driver education pupil;
(b) require instruction, based on data and information provided by the Division of Air Quality, on:
(i) ways drivers can improve air quality; and
(ii) the harmful effects of vehicle emissions; and
(c) establish minimum standards for approved driving ranges under Section 53-3-505.5.
(5) The requirements of Section 53-3-505.5 apply to any behind-the-wheel driving training provided as part of driver education offered under this part and used to satisfy the driver training requirement under Section 53-3-204.
Amended by Chapter 247, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 504 - Enrollment of private school pupils.

Effective 1/24/2018
53G-10-504.
Enrollment of private school pupils.
(1) A school district maintaining driver education classes shall allow pupils enrolled in grades nine to 12 of regularly established private schools located within the school district to enroll in the most accessible public school in the school district to receive driver education.
(2) Enrollment is on the same terms and conditions as applies to students in public schools within the district, as such terms and conditions relate to the driver education classes only.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 505 - Reports as to costs of driver training programs.

Effective 5/14/2019
53G-10-505.
Reports as to costs of driver training programs.
A local school board seeking reimbursement shall, at the end of each school year and at other times as designated by the state board, report the following to the state superintendent:
(1) the costs of providing driver education including a separate accounting for:
(a) course work; and
(b) behind-the-wheel and observation training to students;
(2) the costs of fees waived under Section 53G-7-504 for driver education including a separate accounting for:
(a) course work; and
(b) behind-the-wheel and observation training to students;
(3) the number of students who completed driver education including a separate accounting for:
(a) course work; and
(b) behind-the-wheel and observation training to students;
(4) whether or not a passing grade was received; and
(5) any other information the state board may require for the purpose of administering this program.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 506 - Promoting the establishment and maintenance of classes -- Payment of costs.

Effective 5/5/2021
53G-10-506.
Promoting the establishment and maintenance of classes -- Payment of costs.
(1) The state superintendent shall promote the establishment and maintenance of driver education classes in local education agencies under rules adopted by the state board.
(2) The state board may employ personnel and sponsor experimental programs considered necessary to give full effect to this program.
(3) The costs of implementing this section shall be paid from the legislative appropriation to the state board made from the Automobile Driver Education Tax Account in the Uniform School Fund.
Amended by Chapter 247, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 507 - Driver education teachers certified as license examiners.

Effective 5/5/2021
53G-10-507.
Driver education teachers certified as license examiners.
(1) The Driver License Division of the Department of Public Safety and the state board shall establish procedures and standards to certify teachers of driver education classes under this part to administer written and driving tests.
(2) The division is the certifying authority.
(3)
(a) A teacher certified under this section shall give written and driving tests designed for driver education classes authorized under this part.
(b) The Driver License Division shall, in conjunction with the state board, establish minimal standards for the driver education class tests that are at least as difficult as those required to receive a class D operator's license under Title 53, Chapter 3, Uniform Driver License Act.
(c) A student who passes the written test but fails the driving test given by a teacher certified under this section may apply for a learner permit or class D operator's license under Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver License Division office.
(4) A student shall have a learner permit issued by the Driver License Division under Section 53-3-210.5 in the student's immediate possession at all times when operating a motor vehicle under this section.
(5) A student who successfully passes the tests given by a certified driver education teacher under this section satisfies the written and driving parts of the test required for a learner permit or class D operator's license.
(6) The Driver License Division and the state board shall establish procedures to enable a local education agency to administer or process any tests for a student to receive a learner permit or class D operator's license.
(7) The division and state board shall establish the standards and procedures required under this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 247, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 5 - Driver Education Classes › Section 508 - Programs authorized -- Minimum standards.

Effective 5/5/2021
53G-10-508.
Programs authorized -- Minimum standards.
(1) A local education agency may:
(a) allow a student to complete the classroom training portion of driver education through home study;
(b) provide each parent with driver education instructional materials to assist in parent involvement with driver education including behind-the-wheel driving materials;
(c) offer driver education outside of school hours in order to reduce the cost of providing driver education;
(d) offer driver education through community education programs;
(e) offer the classroom portion of driver education in the public schools and allow the student to complete the behind-the-wheel portion with a private provider:
(i) licensed under Section 53-3-504; and
(ii) not associated with the school or under contract with the school under Subsection 53G-10-503(3); or
(f) any combination of Subsections (1)(a) through (e).
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall establish in rule minimum standards for the school-related programs under Subsection (1).
Amended by Chapter 247, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 601 - Definitions.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-601.
Definitions.
As used in this part:
(1) "Alternative classroom schedule" means a classroom schedule that is different than the schedule followed by other classrooms in the applicable school or LEA.
(2) "Alternative curriculum" means curriculum in one or more subject areas that is based on standards that are different than the standards:
(a) adopted by the state board; and
(b) applicable to the regular curriculum offered in the subject area or areas in the applicable school or LEA.
(3) "Applicable school or LEA" means the school or LEA in which an innovation program is proposed or implemented.
(4) "Innovation grant" means a grant of money under Section 53G-10-608 to pay for some or all innovation program costs.
(5) "Innovation program" means a program establishing an alternative classroom schedule or an alternative curriculum, or both.
(6) "Innovation program application" means an application:
(a) proposing the implementation of an innovation program; and
(b) submitted under Section 53G-10-603 to the LEA governing board for the LEA in which the innovation program is proposed.
(7) "Innovation program costs" means costs occasioned by an innovation program that exceed costs of a class that is not subject to an innovation program.
(8) "K-12" means kindergarten through grade 12.
(9) "Opportunity class" means a school class within the public education system that implements an innovation program.
(10) "Participating student" means a K-12 student who participates in an opportunity class under an approved innovation program.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 602 - Establishment of innovation program -- LEA governing board approval -- Parental consent required -- Renewal of program.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-602.
Establishment of innovation program -- LEA governing board approval -- Parental consent required -- Renewal of program.
(1) An innovation program may be established for a K-12 class as provided in this part if the innovation program is approved by the LEA governing board for the LEA in which the proposed innovation program is to be implemented.
(2) A public school teacher may submit an innovation program application to the LEA governing board for the LEA of the class or school in which the teacher proposes to implement an innovation program.
(3) Before submitting an innovation program application, the public school teacher intending to submit the innovation program application shall obtain the written consent described in Section 53G-10-603 signed by parents of at least 20 prospective participating students.
(4) An innovation program application shall be submitted no less than 90 days before the beginning of student registration for the school year for which the innovation program is proposed.
(5)
(a) An LEA governing board shall approve or deny an innovation program application within 60 days after the application is submitted.
(b) An LEA governing board may approve an innovation program application subject to modifications or additional terms that the LEA governing board determines appropriate.
(6) An innovation program may be renewed for another school year if:
(a) the teacher in the opportunity class requests renewal;
(b) the teacher submits with the renewal request the written consent described in Section 53G-10-603 signed by parents of at least 20 prospective participating students; and
(c) the LEA governing board approves the renewal.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 603 - Parental consent for student participating in opportunity class.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-603.
Parental consent for student participating in opportunity class.
(1) A parent of a K-12 student may give the parent's consent for the student to participate in an opportunity class by submitting the parent's written and signed consent, as described in Subsection (2), to the public school teacher who proposes to submit an innovation program application.
(2)
(a) A public school teacher who intends to submit an innovation program application shall provide a consent form to a parent of a prospective participating student.
(b) A form by which a parent consents to the enrollment of the parent's child in an opportunity class shall contain:
(i) the name and a summary of the credentials of each teacher and other staff member who will be teaching or working in the opportunity class;
(ii) an explanation that the opportunity class is experimental in nature and may not receive approval to continue beyond the school year for which the innovation program is approved;
(iii) a description of the alternative curriculum and alternative classroom schedule, as applicable, that the innovation program application intends to seek approval for;
(iv) a description of how, when, and where the opportunity class instruction will take place and whether the instruction will include in-person, virtual, or hybrid components;
(v) if the innovation application intends to include a proposed alternative curriculum, a description of:
(A) the alternative curriculum and the instructional materials to be used in the opportunity class; and
(B) the outcomes the opportunity class using the alternative curriculum is designed to achieve; and
(vi) a statement accompanying the parent's signature indicating that the parent has read the explanation of the opportunity class contained in the consent form and understands the experimental nature of the opportunity class.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 604 - Innovation program application -- Requirements.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-604.
Innovation program application -- Requirements.
(1) An innovation program application shall include:
(a) the name and a summary of the credentials of each teacher and other staff member who will be teaching or working in the opportunity class;
(b) the name of each student whose parent has submitted a consent form consenting to the student becoming a participating student;
(c) a description of the alternative curriculum and alternative classroom schedule, as applicable, that the innovation program application seeks approval for;
(d) a description of how, when, and where the opportunity class instruction will take place and whether the instruction will include in-person, virtual, or hybrid components;
(e) any other innovative curriculum or classroom schedule adjustments intended to be incorporated into the opportunity class to enhance the learning, performance, and educational experience of participating students;
(f) criteria for measuring student learning and performance;
(g) an explanation of the assessment of the innovation program as provided in Section 53G-10-607;
(h) if the innovation application includes a proposed alternative curriculum, a description of:
(i) the alternative curriculum and the instructional materials to be used in the opportunity class; and
(ii) the outcomes the opportunity class using the alternative curriculum is designed to achieve;
(i) any additional funding needed to cover innovation program costs; and
(j) participating students' proposed access to or use of the transportation services, playground facilities, cafeteria facilities, after-school or extra-curricular activities, special education services, and other facilities, activities, or services normally provided by the applicable school or LEA.
(2) An innovation program application that proposes an alternative curriculum may include a proposal for a different curriculum or an innovative delivery of curriculum.
(3) An innovation program application that proposes an alternative classroom schedule may include a proposal for a different classroom schedule that includes options for:
(a) different requirements for in-person, virtual, or hybrid instruction; and
(b) different provisions for length of student attendance at in-person, virtual, or hybrid instruction.
(4) An innovation program application may include a request for an innovation grant.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 605 - Alternative curriculum and alternative classroom schedule provisions.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-605.
Alternative curriculum and alternative classroom schedule provisions.
(1) An alternative curriculum in an elementary school shall include English, mathematics, science, or history and social science.
(2) If requested in an innovation program application that the LEA governing board approves, a school in which an opportunity class is proposed to be located shall provide the opportunity class with a classroom and other equipment and facilities normally provided to a class within the school.
(3) A teacher in an opportunity class may make adjustments to the curriculum or classroom schedule described in the approved innovation program as implementation of the innovation program reveals the need or advisability of making adjustments to better meet the needs of students or to better achieve the goals and objectives of the innovation program.
(4) A student may become a participating student in an opportunity class after the beginning of a school year during a standard class change period if:
(a) the innovation program allows the addition of a participating student during the school year;
(b) the student's parent consents as provided in Section 53G-10-603; and
(c) the teacher of the opportunity class consents.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 606 - Provisions applicable to participating students, staff in an opportunity class, innovation programs, and LEAs.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-606.
Provisions applicable to participating students, staff in an opportunity class, innovation programs, and LEAs.
(1) A participating student may use a transportation service offered to students who are not participating students if:
(a) the participating student uses the transportation service on the same basis and at the same times as the transportation service is offered to students who are not participating students; or
(b) the innovation program provides for:
(i) the participating student's use of the transportation service; and
(ii) payment of the additional cost of the transportation service attributable to the participating student's use of the transportation service.
(2) A participating student:
(a) shall be enrolled in the LEA where the opportunity class is operating; and
(b) is counted as any other student who is not a participating student for purposes of calculating educational funding apportioned to the LEA.
(3)
(a) A participating student is subject to a state assessment, as defined in Section 53E-4-301, to the same extent as a student who is not a participating student.
(b) The results of state assessment taken by participating students may not be included in assessment results for the school or LEA unless the test results are required to be included in the school or LEA assessment results by:
(i) the approved innovation program; or
(ii) applicable law.
(4) A teacher or other staff member who teaches or works in an opportunity class:
(a) is an employee of the LEA where the opportunity class is located; and
(b) shall receive compensation and other benefits available generally to an individual employed in a comparable position in the LEA.
(5) An opportunity class shall comply with:
(a) provisions of the approved innovation program; and
(b) all applicable federal, state, and local laws prohibiting discrimination or governing the safety of students and teachers.
(6) An LEA:
(a) shall apportion education funds for instructional use of participating students in an amount substantially similar to funds apportioned for instructional use of comparable students who are not participating students; and
(b) is responsible to provide to participating students only the services described in the approved innovation program.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 607 - Assessment of innovation program.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-607.
Assessment of innovation program.
A teacher in an opportunity class shall:
(1) monitor the extent to which participating student learning and performance are consistent with the criteria established in the innovation program;
(2) report the results under Subsection (1) to the LEA governing board, as provided in the approved innovation program; and
(3) cooperate with and provide participating student learning and performance data to the director of ULEAD, as defined in Section 53E-10-701, as the director performs the director's duties under Subsection 53E-10-703(7)(b).
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 10 - Curriculum Participation and Requirements › Part 6 - Education Innovation Program › Section 608 - Innovation grants.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53G-10-608.
Innovation grants.
(1) An LEA governing board may approve a grant of up to $5,000 per opportunity class for the school year if:
(a) a request for an innovation grant is included in the innovation application; and
(b) the LEA governing board determines that the grant is needed to:
(i) cover innovation program costs; and
(ii) help fulfill the goals and purposes of the opportunity class.
(2) If an LEA governing board approves a request for an innovation grant, the LEA governing board shall send the state board written notice of the approval and the name of the teacher who submitted the request for the innovation grant.
(3)
(a)
(i) Upon receipt of the written notice and authorization under Subsection (2), the state board shall, subject to Subsection (3)(b), disburse the amount of the approved innovation grant to the LEA governing board.
(ii) The LEA governing board shall distribute the money to the teacher of the opportunity class to cover innovation program costs.
(b)
(i) Except as provided in Subsection (3)(b)(iii), the maximum amount of money that the state board may distribute for approved innovation grants is $500,000 per school year.
(ii) If the state board receives a written notice and authorization under Subsection (2) after already distributing $500,000 for the school year, the state board shall notify the LEA governing board that the grant money has been expended for the school year and that the state board cannot distribute money for the approved innovation grant.
(iii) If the state board distributes less than $500,000 for approved innovation grants for a school year, the difference between $500,000 and the amount distributed shall be rolled over and included in the money available for distribution for approved innovation grants for the following school year.
(4) The state board shall keep and account for all money appropriated for innovation grants separate from other state board funds.
(5) A teacher receiving an innovation grant under this section may not use the money from the grant for any purpose other than for innovation program costs.
(6) Any innovation grant money appropriated to the state board by the Legislature that the state board has not distributed as provided in this section by June 30, 2027 shall lapse to the Education Fund.
Enacted by Chapter 236, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 2 - Miscellaneous Requirements › Section 202 - Employment of school personnel -- Length of contract -- Termination for cause -- Individual contract of employment -- Employee acknowledgment of liability protection.

Effective 1/24/2018
53G-11-202.
Employment of school personnel -- Length of contract -- Termination for cause -- Individual contract of employment -- Employee acknowledgment of liability protection.
(1) A local school board may enter into a written employment contract for a term not to exceed five years.
(2) Nothing in the terms of the contract shall restrict the power of a local school board to terminate the contract for cause at any time.
(3)
(a) A local school board may not enter into a collective bargaining agreement that prohibits or limits individual contracts of employment.
(b) Subsection (3)(a) does not apply to an agreement that was entered into before May 5, 2003.
(4) Each local school board shall:
(a) ensure that each employment contract complies with the requirements of Section 34-32-1.1;
(b) comply with the requirements of Section 34-32-1.1 in employing any personnel, whether by employment contract or otherwise; and
(c) ensure that at the time an employee enters into an employment contract, the employee shall sign a separate document acknowledging that the employee:
(i) has received:
(A) the disclosure required under Subsection 63A-4-204(4)(d) if the school district participates in the Risk Management Fund; or
(B) written disclosure similar to the disclosure required under Section 63A-4-204 if the school district does not participate in the Risk Management Fund; and
(ii) understands the legal liability protection provided to the employee and what is not covered, as explained in the disclosure.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 2 - Miscellaneous Requirements › Section 203 - Health insurance mandates.

Effective 5/14/2019
53G-11-203.
Health insurance mandates.
A local school board and a charter school governing board shall include in a health plan it offers to school district employees, or charter school employees insurance mandates in accordance with Section 31A-22-605.5.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 2 - Miscellaneous Requirements › Section 204 - Postemployment health insurance benefits restrictions -- Definitions -- Restrictions -- Exceptions.

Effective 1/24/2018
53G-11-204.
Postemployment health insurance benefits restrictions -- Definitions -- Restrictions -- Exceptions.
(1) As used in this section:
(a) "Budgetary accounts" means the same as that term is defined in Section 51-5-3.
(b) "GASB" means the same as that term is defined in Section 51-5-3.
(c) "Liabilities" means the same as that term is defined in Section 51-5-3.
(d) "Postemployment" means the same as that term is defined in Section 51-5-3.
(e) "Postemployment health insurance benefits" means health insurance benefits:
(i) offered or promised to an employee for the employee's postemployment; or
(ii) continued into postemployment.
(2) Except as provided under Subsection (3), a school district or charter school may not offer or provide a postemployment health insurance benefit to an employee who begins employment with the school district or charter school on or after July 1, 2015.
(3) A school district or charter school may offer or provide postemployment health care insurance to employees if the school district or charter school:
(a) calculates the liabilities associated with postemployment health insurance benefits by applying GASB standards;
(b) recognizes current payments and all liabilities associated with the postemployment health insurance benefits in budgetary accounts;
(c) fully funds the annual required contributions associated with the postemployment health insurance benefits liabilities;
(d) establishes and implements a plan approved by the school district's local school board or charter school's governing board to catch up on any unfunded liabilities within no more than 20 years; and
(e) provides for ongoing payments against the postemployment health insurance liabilities as employees qualify for receiving the postemployment health insurance benefits.
(4)
(a) Except as provided in Subsection (4)(b), if in a fiscal year, a school district or charter school fails to fully fund the annual required contributions described in Subsection (3)(c), the school district or charter school may not offer or provide a postemployment health insurance benefit for new employees beginning on the first day of that fiscal year.
(b) The provisions of Subsection (4)(a) do not apply if:
(i) for a school district only, the school district is imposing the maximum allowed local school board levy under Section 53F-8-302;
(ii) the school district or charter school fully funds the annual required contributions, including any missed contributions, by the end of the fiscal year following the fiscal year of inadequate funding; or
(iii) no increase was approved by the Legislature in the weighted pupil unit as defined in Section 53F-2-102 for the fiscal year the annual required contributions were not fully funded.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 2 - Miscellaneous Requirements › Section 205 - Education employee associations -- Equal participation -- Prohibition on endorsement or preferential treatment -- Naming of school breaks.

Effective 5/14/2019
53G-11-205.
Education employee associations -- Equal participation -- Prohibition on endorsement or preferential treatment -- Naming of school breaks.
(1) As used in this section:
(a) "Education employee association" includes teacher associations, teacher unions, teacher organizations, and classified education employees' associations.
(b) "School" means a school district, a school in a school district, a charter school, or the state board and its employees.
(2) A school shall allow education employee associations equal access to the following activities:
(a) distribution of information in or access to teachers' or employees' physical or electronic mailboxes, including email accounts that are provided by the school; and
(b) membership solicitation activities at new teacher or employee orientation training or functions.
(3) If a school permits an education employee association to engage in any of the activities described in Subsection (2), the school shall permit all other education employee associations to engage in the activity on the same terms and conditions afforded to the education employee association.
(4) It is unlawful for a school to:
(a) establish or maintain structures, procedures, or policies that favor one education employee association over another or otherwise give preferential treatment to an education employee association; or
(b) explicitly or implicitly endorse any education employee association.
(5) A school's calendars and publications may not include or refer to the name of any education employee association in relation to any day or break in the school calendar.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 2 - Miscellaneous Requirements › Section 207 - Collective bargaining agreement -- Website posting.

Effective 5/14/2019
53G-11-207.
Collective bargaining agreement -- Website posting.
(1) As used in this section, "collective bargaining agreement" includes:
(a) a master agreement; and
(b) an amendment, addendum, memorandum, or other document modifying the master agreement.
(2) A local school board:
(a) shall post on the school district's website a collective bargaining agreement entered into by the local school board within 10 days of the ratification of the agreement; and
(b) may remove from the school district's website a collective bargaining agreement that is no longer in effect.
(3) A charter school governing board:
(a) shall post on the charter school's website a collective bargaining agreement entered into by the charter school governing board within 10 days of the ratification of the agreement; and
(b) may remove from the charter school's website a collective bargaining agreement that is no longer in effect.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 3 - Licensed Employee Requirements › Section 301 - Definitions.

Effective 5/14/2019
53G-11-301.
Definitions.
As used in this part, "educator" means the same as that term is defined in Section 53E-6-102.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 3 - Licensed Employee Requirements › Section 302 - Contracts with teachers.

Effective 1/24/2018
53G-11-302.
Contracts with teachers.
A school district may not enter into contracts with teachers that would prevent the school district from paying differential salaries or putting limitations on an individual salary paid in order to fill a shortage in specific teaching areas.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 3 - Licensed Employee Requirements › Section 304 - Educator exit survey -- Rulemaking -- Local education agencies to create and administer exit surveys -- Reporting.

Effective 5/12/2020
53G-11-304.
Educator exit survey -- Rulemaking -- Local education agencies to create and administer exit surveys -- Reporting.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish:
(a) minimum standards for an exit survey described in Subsection (2), including a model exit survey; and
(b) LEA exit survey reporting requirements.
(2) An LEA shall, in accordance with the rules described in Subsection (1):
(a) for an educator who is leaving employment at the LEA:
(i) create an exit survey; and
(ii) make the LEA's best effort to administer the exit survey to the educator before the educator leaves employment at the LEA; and
(b) report the results of an administered exit survey to the state board.
(3) The state board shall:
(a) before taking final action on the rules described in Subsection (1), report the proposed rules to the Education Interim Committee and consider recommendations from the committee regarding the proposed rules; and
(b) on or before November 30, 2020, and as requested by the Education Interim Committee, report to the committee on the results described in Subsection (2)(b).
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 3 - Licensed Employee Requirements › Section 305 - Professional learning in change management.

Effective 5/4/2022
53G-11-305.
Professional learning in change management.
(1) The state board shall provide the individuals described in Subsection (2) with professional learning regarding change management.
(2) Each elementary principal and a principal supervisor, member of LEA leadership, and LEA literacy specialist shall complete the professional learning described in Subsection (1) before July 1, 2027.
(3) The state board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process for the delivery and completion of the professional learning described in this section.
Enacted by Chapter 285, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 401 - Definitions.

Effective 5/14/2019
53G-11-401.
Definitions.
As used in this part:
(1) "Authorized entity" means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part.
(2) "Bureau" means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201.
(3) "Contract employee" means an employee of a staffing service or other entity who works at a public or private school under a contract.
(4) "FBI" means the Federal Bureau of Investigation.
(5)
(a) "License applicant" means an applicant for a license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure.
(b) "License applicant" includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license.
(6) "Non-licensed employee" means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure.
(7) "Personal identifying information" means:
(a) current name, former names, nicknames, and aliases;
(b) date of birth;
(c) address;
(d) telephone number;
(e) driver license number or other government-issued identification number;
(f) social security number; and
(g) fingerprints.
(8) "Qualifying private school" means a private school that:
(a) enrolls students under Title 53F, Chapter 4, Part 3, Carson Smith Scholarship Program; and
(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248.
(9) "Rap back system" means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system.
(10) "WIN Database" means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 402 - Background checks for non-licensed employees, contract employees, volunteers, and charter school governing board members.

Effective 5/3/2023
53G-11-402.
Background checks for non-licensed employees, contract employees, volunteers, and charter school governing board members.
(1) An LEA or qualifying private school shall:
(a) require the following individuals who are 18 years old or older to submit to a nationwide criminal background check and ongoing monitoring as a condition of employment or appointment:
(i) a non-licensed employee;
(ii) a contract employee;
(iii) except for an officer or employee of a cooperating employer under an internship safety agreement under Section 53G-7-904, a volunteer who will be given significant unsupervised access to a student in connection with the volunteer's assignment; and
(iv) a charter school governing board member;
(b) collect the following from an individual required to submit to a background check under Subsection (1)(a):
(i) personal identifying information;
(ii) subject to Subsection (2), a fee described in Subsection 53-10-108(15); and
(iii) consent, on a form specified by the LEA or qualifying private school, for:
(A) an initial fingerprint-based background check by the FBI and the bureau upon submission of the application; and
(B) retention of personal identifying information for ongoing monitoring through registration with the systems described in Section 53G-11-404;
(c) submit the individual's personal identifying information to the bureau for:
(i) an initial fingerprint-based background check by the FBI and the bureau; and
(ii) ongoing monitoring through registration with the systems described in Section 53G-11-404 if the results of the initial background check do not contain disqualifying criminal history information as determined by the LEA or qualifying private school in accordance with Section 53G-11-405; and
(d) identify the appropriate privacy risk mitigation strategy to be used to ensure the LEA or qualifying private school only receives notifications for individuals with whom the LEA or qualifying private school maintains an authorizing relationship.
(2) An LEA or qualifying private school may not require an individual to pay the fee described in Subsection (1)(b)(ii) unless the individual:
(a) has passed an initial review; and
(b) is one of a pool of no more than five candidates for the position.
(3) An LEA or qualifying private school that receives criminal history information about a licensed educator under Subsection 53G-11-403(5) shall assess the employment status of the licensed educator as provided in Section 53G-11-405.
(4) An LEA or qualifying private school may establish a policy to exempt an individual described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if the individual is being temporarily employed or appointed.
Amended by Chapter 527, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 403 - Background checks for licensed educators.

Effective 5/14/2019
53G-11-403.
Background checks for licensed educators.
The state board shall:
(1) require a license applicant to submit to a nationwide criminal background check and ongoing monitoring as a condition for licensing;
(2) collect the following from an applicant:
(a) personal identifying information;
(b) a fee described in Subsection 53-10-108(15); and
(c) consent, on a form specified by the state board, for:
(i) an initial fingerprint-based background check by the FBI and bureau upon submission of the application;
(ii) retention of personal identifying information for ongoing monitoring through registration with the systems described in Section 53G-11-404; and
(iii) disclosure of any criminal history information to the individual's employing LEA or qualifying private school;
(3) submit an applicant's personal identifying information to the bureau for:
(a) an initial fingerprint-based background check by the FBI and bureau; and
(b) ongoing monitoring through registration with the systems described in Section 53G-11-404 if the results of the initial background check do not contain disqualifying criminal history information as determined by the state board in accordance with Section 53G-11-405;
(4) identify the appropriate privacy risk mitigation strategy that will be used to ensure that the state board only receives notifications for individuals with whom the state board maintains an authorizing relationship;
(5) notify the employing LEA or qualifying private school upon receipt of any criminal history information reported on a licensed educator employed by the LEA or qualifying private school; and
(6)
(a) collect the information described in Subsection (2) from individuals who were licensed prior to July 1, 2015, by the individual's next license renewal date; and
(b) submit the information to the bureau for ongoing monitoring through registration with the systems described in Section 53G-11-404.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 11 - Employees › Part 4 - Background Checks › Section 404 - Bureau responsibilities.

Effective 5/14/2019
53G-11-404.
Bureau responsibilities.
The bureau shall:
(1) upon request from an authorized entity, register the fingerprints submitted by the authorized entity as part of a background check with:
(a) the WIN Database rap back system, or any successor system; and
(b) the rap back system maintained by the Federal Bureau of Investigation;
(2) notify an authorized entity when a new entry is made against an individual whose fingerprints are registered with the rap back systems described in Subsection (1) regarding:
(a) an alleged offense; or
(b) a conviction, including a plea in abeyance;
(3) assist authorized entities to identify the appropriate privacy risk mitigation strategy that is to be used to ensure that the authorized entity only receives notifications for individuals with whom the authorized entity maintains an authorizing relationship; and
(4) collaborate with the state board to provide training to authorized entities on the notification procedures and privacy risk mitigation strategies described in this part.
Amended by Chapter 293, 2019 General Session