Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 302
              EDUCATIONAL LANGUAGE SERVICES AMENDMENTS
                                      2022 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Dan N. Johnson
                               Senate Sponsor: Daniel W. Thatcher
 6
 LONG TITLE
 General Description:
        This bill enacts provisions relating to services for students learning English.
 Highlighted Provisions:
        This bill:
        < amends provisions related to parent engagement with the education process;
        < requires an LEA to adopt a policy facilitating assistance to students learning English
 and their parents;
        < defines terms;
        < establishes the Educational Interpretation and Translation Services Procurement
 Advisory Council (council);
        < requires the State Board of Education to provide information to the council;
        < requires the council to advise the purchasing director of the Division of Purchasing
 and General Services on certain services for students learning English;
        < requires the council to report to the Education Interim Committee;
        < enacts sunset provisions for the council; and
        < makes conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
       H.B. 302                                                                     Enrolled Copy
        53E-1-201, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
        53E-2-303, as last amended by Laws of Utah 2019, Chapter 186
        63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
        63I-2-263, as last amended by Laws of Utah 2021, First Special Session, Chapter 4
 ENACTS:
        53G-7-221, Utah Code Annotated 1953
        63A-2-501, Utah Code Annotated 1953
        63A-2-502, Utah Code Annotated 1953
38
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-1-201 is amended to read:
        53E-1-201. Reports to and action required of the Education Interim Committee.
        (1) In accordance with applicable provisions and Section 68-3-14, the following
 recurring reports are due to the Education Interim Committee:
        (a) the report described in Section 9-22-109 by the STEM Action Center Board,
 including the information described in Section 9-22-113 on the status of the computer science
 initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
        (b) the prioritized list of data research described in Section 35A-14-302 and the report
 on research described in Section 35A-14-304 by the Utah Data Research Center;
        (c) the report described in Section 35A-15-303 by the State Board of Education on
 preschool programs;
        (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
 on career and technical education issues and addressing workforce needs;
        (e) the annual report of the Utah Board of Higher Education described in Section
 53B-1-402;
        (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
 regarding activities related to campus safety;
        (g) the State Superintendent's Annual Report by the state board described in Section
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       Enrolled Copy                                                                             H.B. 302
 53E-1-203;
        (h) the annual report described in Section 53E-2-202 by the state board on the strategic
 plan to improve student outcomes;
        (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
 the Deaf and the Blind;
        (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
 Actionable, and Dynamic Education director on research and other activities;
        (k) the report described in Section 53F-4-203 by the state board and the independent
 evaluator on an evaluation of early interactive reading software;
        (l) the report described in Section 53F-4-407 by the state board on UPSTART;
        (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
 related to grants for professional learning and grants for an elementary teacher preparation
 assessment; [and]
        (n) the report described in Section 53F-5-405 by the State Board of Education
 regarding an evaluation of a partnership that receives a grant to improve educational outcomes
 for students who are low income[.]; and
        (o) the annual report described in Section 63A-2-502 by the Educational Interpretation
 and Translation Service Procurement Advisory Council.
        (2) In accordance with applicable provisions and Section 68-3-14, the following
 occasional reports are due to the Education Interim Committee:
        (a) the report described in Section 35A-15-303 by the School Readiness Board by
 November 30, 2020, on benchmarks for certain preschool programs;
        (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
 on or before the Education Interim Committee's November 2021 meeting;
        (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
 and implementing activity based costing;
        (d) if required, the report described in Section 53E-4-309 by the state board explaining
 the reasons for changing the grade level specification for the administration of specific
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        H.B. 302                                                                         Enrolled Copy
 assessments;
           (e) if required, the report described in Section 53E-5-210 by the state board of an
 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
           (f) in 2022 and in 2023, on or before November 30, the report described in Subsection
 53E-10-309(7) related to the PRIME pilot program;
           (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
 Actionable, and Dynamic Education;
           (h) if required, the report described in Section 53F-2-513 by the state board evaluating
 the effects of salary bonuses on the recruitment and retention of effective teachers in high
 poverty schools;
           (i) upon request, the report described in Section 53F-5-207 by the state board on the
 Intergenerational Poverty Intervention Grants Program;
           (j) the report described in Section 53F-5-210 by the state board on the Educational
 Improvement Opportunities Outside of the Regular School Day Grant Program;
           (k) the report described in Section 53G-7-503 by the state board regarding fees that
 LEAs charge during the 2020-2021 school year;
           (l) the reports described in Section 53G-11-304 by the state board regarding proposed
 rules and results related to educator exit surveys;
           (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
 and Mental Health, the State Board of Education, and the Department of Health regarding
 recommendations related to Medicaid reimbursement for school-based health services; and
           (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
 Planning Commission.
           Section 2. Section 53E-2-303 is amended to read:
           53E-2-303. Family participation in educational process -- Family engagement
 policy.
           (1) The Legislature recognizes the importance of parental participation in the
 educational process in order for students to achieve and maintain high levels of performance.
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        Enrolled Copy                                                                           H.B. 302
         (2) It is, therefore, the policy of the state to:
         (a) encourage parents to provide a home environment that values education and send
 their children to school prepared to learn;
         (b) rely upon school districts and schools to provide opportunities for parents of
 students to be involved in establishing and implementing educational goals for their respective
 schools and students; and
         (c) expect employers to recognize the need for parents and members of the community
 to participate in the public education system in order to help students achieve and maintain
 excellence.
         (3) (a) Each local school board shall adopt a policy on parental involvement in the
 schools of the district.
         (b) (i) The local school board shall design its policy to build consistent and effective
 communication among parents, teachers, and administrators.
         (ii) The policy described in Subsection (3)(b)(i):
         (A) shall include parents or family, when appropriate, of children learning English,
 regardless of prevalence of children learning English in the geographic area in which the LEA
 is located; and
         (B) may include assistance from community organizations to assist through a preferred
 method of communication.
         (c) The policy shall provide parents with the opportunity to be actively involved in
 their children's education and to be informed of:
         (i) the importance of the involvement of parents in directly affecting the success of
 their children's educational efforts; and
         (ii) groups and organizations that may provide instruction and training to parents to
 help improve their children's academic success and support their academic efforts.
         Section 3. Section 53G-7-221 is enacted to read:
         53G-7-221. Policy supporting students learning English, parents, and families.
         (1) An LEA shall adopt a policy addressing the LEA's communication and assistance to
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        H.B. 302                                                                        Enrolled Copy
 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
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        Enrolled Copy                                                                           H.B. 302
 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.
        Section 4. Section 63A-2-501 is enacted to read:
                      Part 5. Educational Interpretation and Translation Services
                                     Procurement Advisory Council
        63A-2-501. Definitions.
        As used in this part:
        (1) "Advisory council" means the Educational Interpretation and Translation Services
 Procurement Advisory Council established in Section 63A-2-502.
        (2) "Contract" means a contract entered into by the division for interpretation or
 translation services in accordance with Section 63A-2-503.
        (3) "Local education agency" or "LEA" means the same as that term is defined in
 Section 53E-1-102.
        (4) "State board" means the State Board of Education.
        Section 5. Section 63A-2-502 is enacted to read:
        63A-2-502. Educational Interpretation and Translation Services Procurement
 Advisory Council.
        (1) There is established the Educational Interpretation and Translation Services
 Procurement Advisory Council to provide advice to the purchasing director regarding the
 language-access needs of LEAs, students learning English, and the families of students learning
 English.
        (2) The advisory council shall consist of the following members:
        (a) the purchasing director or the director's designee;
        (b) an individual representing the state board, appointed by the state superintendent of
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        H.B. 302                                                                          Enrolled Copy
 public instruction;
        (c) the purchasing director for the state board or the director's designee;
        (d) an individual representing the Division of Multicultural Affairs created in Section
 9-21-201, appointed by the executive director of the Department of Cultural and Community
 Engagement; and
        (e) appointed by the cochairs:
        (i) one or more employees of the state board who manage or administer services or
 programs for a student learning English and the student's parents;
        (ii) an administrator from an LEA with a high density of students learning English;
        (iii) an administrator from an LEA with a low density of students learning English;
        (iv) a teacher, counselor, or other licensed LEA staff, from a school with a high density
 of students learning English;
        (v) a teacher, counselor, or other licensed LEA staff, from a school with a low density
 of students learning English;
        (vi) an individual who works to assist students learning English or minority students
 navigate school and community resources, such as a refugee liaison;
        (vii) an LEA procurement agent;
        (viii) an individual representing a community organization that directly serves parents
 and their children learning English; and
        (ix) a parent who is a person learning English and also the parent of a student learning
 English who is enrolled in an LEA.
        (3) (a) The purchasing director and the individual representing the state board, as
 described in Subsection (2)(b), shall serve as cochairs for the advisory council.
        (b) Each advisory council member shall serve until a successor is duly appointed.
        (4) The division shall provide staff support to facilitate the function of the council.
        (5) (a) A member of the advisory council may not receive compensation or benefits for
 the council member's service.
        (b) An advisory council member may receive per diem and travel expenses in
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        Enrolled Copy                                                                         H.B. 302
 accordance with:
        (i) Section 63A-3-106;
        (ii) Section 63A-3-107; and
        (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
 63A-3-107.
        (6) (a) Before the commencement of each school year, the state board shall collect and
 provide to the advisory council the following information for each LEA:
        (i) a list of preferred languages of:
        (A) students learning English; and
        (B) parents and families of the students described in Subsection (6)(a)(i)(A); and
        (ii) the frequency by which each language of a student learning English is preferred.
        (b) Before the commencement of each school year after July 1, 2024, the state board
 shall, for each LEA, collect and provide to the advisory council the list of preferred methods of
 communication and frequency by which each method is preferred by parents and the parents'
 children learning English.
        (7) (a) Before the commencement of each school year, the advisory council shall advise
 the purchasing director on:
        (i) the needs of the LEAs for interpretation and translation services, as described in
 Subsection (6)