Enrolled Copy H.B. 499
1 EDUCATION REPORTING AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Susan Pulsipher Senate Sponsor: Lincoln Fillmore
2
3 LONG TITLE
4 General Description:
5 This bill makes changes regarding training and reporting requirements for LEAs.
6 Highlighted Provisions:
7 This bill:
8 ▸ modifies the required frequency of certain trainings; and
9 ▸ extends certain due dates for required reporting.
10 Money Appropriated in this Bill:
11 None
12 Other Special Clauses:
13 None
14 Utah Code Sections Affected:
15 AMENDS:
16 53E-2-202, as repealed and reenacted by Laws of Utah 2019, Chapter 324
17 53F-7-203, as last amended by Laws of Utah 2023, Chapter 348
18 53G-9-207, as last amended by Laws of Utah 2022, Chapter 335
19 53G-9-213, as enacted by Laws of Utah 2022, Chapter 227
20 53G-9-505, as last amended by Laws of Utah 2019, Chapters 293, 349
21 53G-9-704, as last amended by Laws of Utah 2020, Chapter 408
22 63J-1-602, as last amended by Laws of Utah 2023, Chapter 409
23 63J-1-903, as last amended by Laws of Utah 2023, Chapters 24, 409
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53E-2-202 is amended to read:
27 53E-2-202 . Planning for Utah's public education system.
28 The state board shall:
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29 (1) create, maintain, and review on a regular basis a statewide, comprehensive multi-year
30 strategic plan that includes long-term goals for improved student outcomes; and
31 (2) report annually to the Education Interim Committee on or before [the committee's
32 November meeting] December 15 on the strategic plan described in Subsection (1),
33 including progress toward achieving long-term goals.
34 Section 2. Section 53F-7-203 is amended to read:
35 53F-7-203 . Paid professional hours for educators.
36 (1) Subject to legislative appropriations, the state board shall provide funding to each LEA
37 to provide additional paid professional hours to the following educators in accordance
38 with this section:
39 (a) general education and special education teachers;
40 (b) counselors;
41 (c) school administration;
42 (d) school specialists;
43 (e) student support;
44 (f) school psychologists;
45 (g) speech language pathologists; and
46 (h) audiologists.
47 (2) The state board shall distribute funds appropriated to the state board under Subsection
48 53F-9-204(6) to each LEA in proportion to the number of educators described in
49 Subsection (1) within the LEA.
50 (3) An LEA shall use funding under this section to provide paid professional hours that:
51 (a) provide educators with the knowledge and skills necessary to enable students to
52 succeed in a well-rounded education and to meet the challenging state academic
53 standards; and
54 (b) may include activities that:
55 (i) improve and increase an educator's:
56 (A) knowledge of the academic subjects the educator teaches;
57 (B) time to plan and prepare daily lessons based on student needs;
58 (C) understanding of how students learn; and
59 (D) ability to analyze student work and achievement from multiple sources,
60 including how to adjust instructional strategies, assessments, and materials
61 based on the analysis;
62 (ii) are an integral part of broad school-wide and LEA-wide educational improvement
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63 plans;
64 (iii) allow personalized plans for each educator to address the educator's specific
65 needs identified in observation or other feedback;
66 (iv) advance educator understanding of:
67 (A) effective and evidence-based instructional strategies; and
68 (B) strategies for improving student academic achievement or substantially
69 increasing the knowledge and teaching skills of educators;
70 (v) are aligned with, and directly related to, academic goals of the school or LEA; and
71 (vi) include instruction in the use of data and assessments to inform and instruct
72 classroom practice.
73 (4) (a) An educator shall:
74 (i) on or before [the fifth day of instruction in a given school year] September 30,
75 create a plan, in consultation with the educator's principal, on how the educator
76 plans to use paid professional hours provided under this section during the school
77 year; and
78 (ii) before the end of a given school year, provide a written statement to the
79 educator's principal of how the educator used paid professional hours provided
80 under this section during the school year.
81 (b) (i) Subsection (4)(a)(i) does not limit an educator who begins employment after [
82 the fifth day of instruction in a given year] September 30 from receiving paid
83 professional hours under this section.
84 (ii) An LEA may prorate the paid professional hours of an educator who begins
85 employment after [the fifth day of instruction in a given year] September 30
86 according to the portion of the school year for which the LEA employs the
87 educator.
88 Section 3. Section 53G-9-207 is amended to read:
89 53G-9-207 . Child sexual abuse prevention.
90 (1) As used in this section, "school personnel" means the same as that term is defined in
91 Section 53G-9-203.
92 (2) The state board shall approve, in partnership with the Department of Human Services,
93 age-appropriate instructional materials for the training and instruction described in
94 Subsections (3)(a) and (4).
95 (3) (a) A school district or charter school shall provide, [every other year] once every
96 three years, training and instruction on child sexual abuse and human trafficking
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97 prevention and awareness to:
98 (i) school personnel in elementary and secondary schools on:
99 (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
100 manner;
101 (B) identifying children who are victims or may be at risk of becoming victims of
102 human trafficking or commercial sexual exploitation; and
103 (C) the mandatory reporting requirements described in Sections 53E-6-701 and
104 80-2-602; and
105 (ii) parents of elementary school students on:
106 (A) recognizing warning signs of a child who is being sexually abused or who is a
107 victim or may be at risk of becoming a victim of human trafficking or
108 commercial sexual exploitation; and
109 (B) effective, age-appropriate methods for discussing the topic of child sexual
110 abuse with a child.
111 (b) A school district or charter school shall use the instructional materials approved by
112 the state board under Subsection (2) to provide the training and instruction to school
113 personnel and parents under Subsection (3)(a).
114 (4) (a) In accordance with Subsections (4)(b) and (5), a school district or charter school
115 may provide instruction on child sexual abuse and human trafficking prevention and
116 awareness to elementary school students using age-appropriate curriculum.
117 (b) A school district or charter school that provides the instruction described in
118 Subsection (4)(a) shall use the instructional materials approved by the state board
119 under Subsection (2) to provide the instruction.
120 (5) (a) An elementary school student may not be given the instruction described in
121 Subsection (4) unless the parent of the student is:
122 (i) notified in advance of the:
123 (A) instruction and the content of the instruction; and
124 (B) parent's right to have the student excused from the instruction;
125 (ii) given an opportunity to review the instructional materials before the instruction
126 occurs; and
127 (iii) allowed to be present when the instruction is delivered.
128 (b) Upon the written request of the parent of an elementary school student, the student
129 shall be excused from the instruction described in Subsection (4).
130 (c) Participation of a student requires compliance with Sections 53E-9-202 and
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131 53E-9-203.
132 (6) A school district or charter school may determine the mode of delivery for the training
133 and instruction described in Subsections (3) and (4).
134 (7) Upon request of the state board, a school district or charter school shall provide
135 evidence of compliance with this section.
136 Section 4. Section 53G-9-213 is amended to read:
137 53G-9-213 . Seizure awareness.
138 (1) (a) Beginning with the 2022-23 school year, an LEA shall provide, as described in
139 Subsection (1)(b) and subject to Subsection (3), training to:
140 (i) a teacher who teaches a student who has informed the student's school or teacher
141 that the student has epilepsy or a similar seizure disorder; and
142 (ii) an administrator at the school where the student described in Subsection (1)(a)(i)
143 attends.
144 (b) The training shall:
145 (i) be offered [every two] once every three years; and
146 (ii) include:
147 (A) recognizing signs and symptoms of seizures; and
148 (B) appropriate steps for seizure first aid.
149 (2) Beginning with the 2023-24 school year, an LEA shall provide, as described in
150 Subsection (1)(b) and subject to Subsection (3), training to administrators, teachers,
151 classroom aides, and other individuals who interact with or supervise students.
152 (3) (a) The state board shall adopt guidelines for the training described in Subsections
153 (1)(a) and (2).
154 (b) The guidelines shall be consistent with programs and guidelines developed by the
155 Epilepsy Foundation of America or another national nonprofit organization that
156 supports individuals with epilepsy and seizure disorders.
157 (4) A training offered under this section may not require a person to provide first aid to a
158 student experiencing or showing symptoms of a seizure.
159 Section 5. Section 53G-9-505 is amended to read:
160 53G-9-505 . Trained school employee volunteers -- Administration of seizure
161 rescue medication -- Exemptions from liability.
162 (1) As used in this section:
163 (a) "Prescribing health care professional" means:
164 (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical
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165 Practice Act;
166 (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
167 Osteopathic Medical Practice Act;
168 (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b,
169 Nurse Practice Act; or
170 (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
171 Assistant Act.
172 (b) "Seizure rescue authorization" means a student's Section 504 accommodation plan
173 that:
174 (i) certifies that:
175 (A) a prescribing health care professional has prescribed a seizure rescue
176 medication for the student;
177 (B) the student's parent has previously administered the student's seizure rescue
178 medication in a nonmedically-supervised setting without a complication; and
179 (C) the student has previously ceased having full body prolonged or convulsive
180 seizure activity as a result of receiving the seizure rescue medication;
181 (ii) describes the specific seizure rescue medication authorized for the student,
182 including the indicated dose, and instructions for administration;
183 (iii) requests that the student's public school identify and train school employees who
184 are willing to volunteer to receive training to administer a seizure rescue
185 medication in accordance with this section; and
186 (iv) authorizes a trained school employee volunteer to administer a seizure rescue
187 medication in accordance with this section.
188 (c) (i) "Seizure rescue medication" means a medication, prescribed by a prescribing
189 health care professional, to be administered as described in a student's seizure
190 rescue authorization, while the student experiences seizure activity.
191 (ii) A seizure rescue medication does not include a medication administered
192 intravenously or intramuscularly.
193 (d) "Trained school employee volunteer" means an individual who:
194 (i) is an employee of a public school where at least one student has a seizure rescue
195 authorization;
196 (ii) is at least 18 years old; and
197 (iii) as described in this section:
198 (A) volunteers to receive training in the administration of a seizure rescue
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199 medication;
200 (B) completes a training program described in this section;
201 (C) demonstrates competency on an assessment; and
202 (D) completes annual refresher training each year that the individual intends to
203 remain a trained school employee volunteer.
204 (2) (a) The Department of Health and Human Services shall, with input from the state
205 board and a children's hospital, develop a training program for trained school
206 employee volunteers in the administration of seizure rescue medications that includes:
207 (i) techniques to recognize symptoms that warrant the administration of a seizure
208 rescue medication;
209 (ii) standards and procedures for the storage of a seizure rescue medication;
210 (iii) procedures, in addition to administering a seizure rescue medication, in the event
211 that a student requires administration of the seizure rescue medication, including:
212 (A) calling 911; and
213 (B) contacting the student's parent;
214 (iv) an assessment to determine if an individual is competent to administer a seizure
215 rescue medication;
216 (v) an annual refresher training component; and
217 (vi) written materials describing the information required under this Subsection (2)(a).
218 (b) A public school shall retain for reference the written materials described in
219 Subsection (2)(a)(vi).
220 (c) The following individuals may provide the training described in Subsection (2)(a):
221 (i) a school nurse; or
222 (ii) a licensed heath care professional.
223 (3) (a) A public school shall, after receiving a seizure rescue authorization:
224 (i) inform school employees of the opportunity to be a school employee volunteer;
225 and
226 (ii) subject to Subsection (3)(b)(ii), provide training, to each school employee who
227 volunteers, using the training program described in Subsection (2)(a).
228 (b) A public school may not:
229 (i) obstruct the identification or training of a trained school employee volunteer; or
230 (ii) compel a school employee to become a trained school employee volunteer.
231 (4) A trained school employee volunteer may possess or store a prescribed rescue seizure
232 medication, in accordance with this section.
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233 (5) A trained school employee volunteer may administer a seizure rescue medication to a
234 student with a seizure rescue authorization if:
235 (a) the student is exhibiting a symptom, described on the student's seizure rescue
236 authorization, that warrants the administration of a seizure rescue medication; and
237 (b) a licensed health care professional is not immediately available to administer the
238