Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 109
Approved for Filing: M. Curtis 6                              1st Sub. (Buff)
         6 01-24-24 10:47 AM 6
                    Representative Melissa G. Ballard proposes the following substitute bill:
                          SAFE SCHOOL ROUTE EVALUATIONS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Melissa G. Ballard
                                 Senate Sponsor: Todd D. Weiler
 6
 LONG TITLE
 General Description:
        This bill requires a school traffic safety committee to include recommendations for
 infrastructure improvements in a child access routing plan.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires a school traffic safety committee to:
            C    submit a child access routing plan to the Department of Transportation and
 municipal and county highway authorities; and
            C    include priority recommendations for infrastructure improvements in a child
 access routing plan;
        < requires a highway authority to provide feedback on:
            C    the estimated time and cost to complete infrastructure improvements that a    1st Sub. H.B. 109
 school traffic safety committee recommends; and
            C    infrastructure improvements the highway authority has prioritized for the
 following year;
        < requires school traffic safety committees to make recommendations to the local
 governing board for the local governing board's consideration and discretionary
     *HB0109S01*
       1st Sub. (Buff) H.B. 109                                                 01-24-24 10:47 AM
 referral to the State Board of Education and the Transportation Advisory Committee to approve
 new bus routes; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53G-4-402, as last amended by Laws of Utah 2023, Chapters 16, 252, 343, 352, and
 435
37
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53G-4-402 is amended to read:
        53G-4-402. Powers and duties generally.
        (1) A local school board shall:
        (a) implement the core standards for Utah public schools using instructional materials
 that best correlate to the core standards for Utah public schools and graduation requirements;
        (b) administer tests, required by the state board, which measure the progress of each
 student, and coordinate with the state superintendent and state board to assess results and create
 plans to improve the student's progress, which shall be submitted to the state board for
 approval;
        (c) use progress-based assessments as part of a plan to identify schools, teachers, and
 students that need remediation and determine the type and amount of federal, state, and local
 resources to implement remediation;
        (d) for each grading period and for each course in which a student is enrolled, issue a
 grade or performance report to the student:
        (i) that reflects the student's work, including the student's progress based on mastery,
 for the grading period; and
        (ii) in accordance with the local school board's adopted grading or performance
 standards and criteria;
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       01-24-24 10:47 AM                                                    1st Sub. (Buff) H.B. 109
         (e) develop early warning systems for students or classes failing to make progress;
         (f) work with the state board to establish a library of documented best practices,
 consistent with state and federal regulations, for use by the special districts;
         (g) implement training programs for school administrators, including basic
 management training, best practices in instructional methods, budget training, staff
 management, managing for learning results and continuous improvement, and how to help
 every child achieve optimal learning in basic academic subjects; and
         (h) ensure that the local school board meets the data collection and reporting standards
 described in Section 53E-3-501.
         (2) Local school boards shall spend Minimum School Program funds for programs and
 activities for which the state board has established minimum standards or rules under Section
 53E-3-501.
         (3) (a) A local school board may purchase, sell, and make improvements on school
 sites, buildings, and equipment, and construct, erect, and furnish school buildings.
         (b) School sites or buildings may only be conveyed or sold on local school board
 resolution affirmed by at least two-thirds of the school board members.
         (4) (a) A local school board may participate in the joint construction or operation of a
 school attended by students residing within the district and students residing in other districts
 either within or outside the state.
         (b) Any agreement for the joint operation or construction of a school shall:
         (i) be signed by the president of the local school board of each participating district;
         (ii) include a mutually agreed upon pro rata cost; and
         (iii) be filed with the state board.
         (5) A local school board may establish, locate, and maintain elementary, secondary,
 and applied technology schools.
         (6) A local school board may enter into cooperative agreements with other local school
 boards to provide educational services that best utilize resources for the overall operation of the
 school districts, including shared transportation services.
         (7) An agreement under Subsection (6) shall:
         (a) be signed by the president of the local school board of each participating district;
         (b) specify the resource being shared;
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       1st Sub. (Buff) H.B. 109                                                     01-24-24 10:47 AM
           (c) include a mutually agreed upon pro rata cost;
           (d) include the duration of the agreement; and
           (e) be filed with the state board.
           (8) Except as provided in Section 53E-3-905, a local school board may enroll children
 in school who are at least five years old before September 2 of the year in which admission is
 sought.
           (9) A local school board:
           (a) may establish and support school libraries; and
           (b) shall provide an online platform:
           (i) through which a parent is able to view the title, author, and a description of any
 material the parent's child borrows from the school library, including a history of borrowed
 materials, either using an existing online platform that the LEA uses or through a separate
 platform; and
           (ii) (A) for a school district with 1,000 or more enrolled students, no later than August
 1, 2024; and
           (B) for a school district with fewer than 1,000 enrolled students, no later than August
 1, 2026.
           (10) A local school board may collect damages for the loss, injury, or destruction of
 school property.
           (11) A local school board may authorize guidance and counseling services for students
 and the student's parents before, during, or following school enrollment.
           (12) (a) A local school board shall administer and implement federal educational
 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
 Education Programs.
           (b) Federal funds are not considered funds within the school district budget under
 Chapter 7, Part 3, Budgets.
           (13) (a) A local school board may organize school safety patrols and adopt policies
 under which the patrols promote student safety.
           (b) A student appointed to a safety patrol shall be at least 10 years old and have written
 parental consent for the appointment.
           (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
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        01-24-24 10:47 AM                                                      1st Sub. (Buff) H.B. 109
 of a highway intended for vehicular traffic use.
           (d) Liability may not attach to a school district, its employees, officers, or agents, or to
 a safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
           (14) (a) A local school board may on its own behalf, or on behalf of an educational
 institution for which the local school board is the direct governing body, accept private grants,
 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
           (b) The contributions made under Subsection (14)(a) are not subject to appropriation
 by the Legislature.
           (15) (a) A local school board may appoint and fix the compensation of a compliance
 officer to issue citations for violations of Subsection 76-10-105(2)(b).
           (b) A person may not be appointed to serve as a compliance officer without the
 person's consent.
           (c) A teacher or student may not be appointed as a compliance officer.
           (16) A local school board shall adopt bylaws and policies for the local school board's
 own procedures.
           (17) (a) A local school board shall make and enforce policies necessary for the control
 and management of the district schools.
           (b) Local school board policies shall be in writing, filed, and referenced for public
 access.
           (18) A local school board may hold school on legal holidays other than Sundays.
           (19) (a) As used in this Subsection (19):
           (i) "Committee" means the school traffic safety committee established in Subsection
 (19)(b).
           (ii) "Highway" means the same as that term is defined in Section 72-1-102.
           (iii) "Highway authority" means the same as that term is defined in Section 72-1-102.
           [(a)] (b) A local school board shall establish for each school year a school traffic safety
 committee to implement this Subsection (19).
           [(b)] (c) The committee shall be composed of one representative of:
           (i) the schools within the district;
           (ii) the Parent Teachers' Association of the schools within the district;
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        1st Sub. (Buff) H.B. 109                                                  01-24-24 10:47 AM
         (iii) the municipality or county;
         (iv) state or local law enforcement; and
         (v) state or local traffic safety engineering.
         [(c)] (d) The committee shall:
         (i) receive suggestions from school community councils, parents, teachers, and others,
 and recommend school traffic safety improvements, boundary changes to enhance safety, and
 school traffic safety program measures;
         (ii) review and submit annually to the Department of Transportation and affected
 municipalities and counties a child access routing plan for each elementary, middle, and junior
 high school within the district;
         (iii) consult the Utah Safety Council and the Division of Family Health Services and
 provide training to all students in kindergarten through grade 6, within the district, on school
 crossing safety and use; and
         (iv) help ensure the district's compliance with rules made by the Department of
 Transportation under Section 41-6a-303.
         (e) (i) The committee shall, for each elementary, middle, and junior high school within
 the district:
         (A) annually submit a child access routing plan to the Department of Transportation
 and the municipal or county highway authority that governs each highway included in the child
 access routing plan; and
         (B) ensure that the child access routing plan complies with Subsection (19)(e)(ii).
         (ii) The committee shall ensure that the child access routing plan described in
 Subsection (19)(e)(i):
         (A) includes some priority recommendations if the committee receives priority
 recommendations for improvements to enhance safety under Subsection (19)(d)(i); and
         (B) considers the criteria and specifications established by Department of
 Transportation rule made under Subsection 41-6a-303(6).
         (iii) A municipal or county highway authority shall:
         (A) evaluate the recommendations for improvements in the child access routing plan;
 and
         (B) within 60 calendar days after the day on which the committee submits the child
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        01-24-24 10:47 AM                                                       1st Sub. (Buff) H.B. 109
 access routing plan, provide feedback to the committee on the improvements recommended in
 the child access routing plan, including the improvements the municipal or county highway
 authority has prioritized for the following year and the actions the municipal or county highway
 authority will take to mitigate risks and improve safety in relation to the child access routing
 plan.
           (iv) The Department of Transportation may review a child access routing plan as
 resources allow and provide feedback to the committee on recommended improvements.
           (v) Nothing in this Subsection (19)(e) requires a municipality or a county highway
 authority to implement a recommendation that the committee makes and submits in a child
 access routing plan.
           (f) The committee may make recommendations, as necessary, to the local governing
 board for the local governing board's consideration and discretionary referral to the state board
 and the Transportation Advisory Committee described in Section 53F-2-403, to approve new
 bus routes.
           [(d)] (g) The committee may establish subcommittees as needed to assist in
 accomplishing the committee's duties under [Subsection (19)(c)] Subsections (19)(d), (e), and
 (f).
           (h) Nothing in this section creates a private right of action or constitutes a waiver of
 immunity under Section 63G-7-301.
           (20) (a) A local school board shall adopt and implement a comprehensive emergency
 response plan to prevent and combat violence in the local school board's public schools, on
 school grounds, on its school vehicles, and in connection with school-related activities or
 events.
           (b) The plan shall:
           (i) include prevention, intervention, and response components;
           (ii) be consistent with the student conduct and discipline policies required for school
 districts under Chapter 11, Part 2, Miscellaneous Requirements;
           (iii) require professional learning for all district and school building staff on the staff's
 roles in the emergency response plan;
           (iv) provide for coordination with local law enforcement and other public safety
 representatives in preventing, intervening, and responding to violence in the areas and activities
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        1st Sub. (Buff) H.B. 109                                                     01-24-24 10:47 AM
 referred to in Subsection (20)(a); and
         (v) include procedures to notify a student who is off campus at the time of a school
 violence emergency because the student is:
         (A) participating in a school-related activity; or
         (B) excused from school for a period of time during the regular school day to
 participate in religious instruction at the request of the student's parent.
         (c) The state board, through the state superintendent, shall develop comprehensive
 emergency response plan models that local school boards may use, where appropriate, to
 comply with Subsection (20)(a).
         (d) A local school board shall, by July 1 of each year, certify to the state board that its
 plan has been practiced at the school level and presented to and reviewed by its teachers,
 administrators, students, and the student's parents and local law enforcement and public safety
 representatives.
         (21) (a) A local school board may adopt an emergency response plan for the treatment
 of sports-related injuries that occur during school sports practices and events.
         (b) The plan may be implemented by each secondary school in the district that has a
 sports program for students.
         (c) The plan may:
         (i) include emergency personnel, emergency communication, and emergency
 equipment components;
         (ii) require professional learning on the emergency response plan for school personnel
 who are involved in sports programs in the district's secondary schools; and
         (iii) provide for coordination with individuals and agency representatives who:
         (A) are not employees of the school district; and
         (B) would be involved in providing emergency services to students injured while
 participating in sports events.
         (d) The local school board, in collaboration with the schools referred to in Subsection<