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H . . 3 
LEGISLATIVE GENERAL COUNSEL
6
Approved for Filing: A.O. Stallings
66
02-01-12 8:51 AM
6
H.B. 123
1
EDUCATION SAVINGS ACCOUNTS
22012 GENERAL SESSION3STATE OF UTAH4
Chief Sponsor: John Dougall
5
Senate Sponsor: ____________
67
LONG TITLE
8
General Description:
9This bill modifies funding for public and higher education.10
Highlighted Provisions:
11This bill:12
<
restricts certain funding programs within the Minimum School Program to students13in kindergarten through grade 8;14
<
creates an education savings account for a student enrolled in grades 9 through 12;15
<
directs the Legislature to annually establish, and provide an appropriation for, a per16pupil allocation to be deposited in an education savings account;17
<
requires the withholding of a portion of money a school district is otherwise eligible18to receive under Title 53A, Chapter 17a, Minimum School Program Act, for the19school district's local contribution towards high school students' education savings20accounts;21
<
provides that money in an education savings account may be used for:22
C
course fees for courses provided by a school district or charter school;23
C
course fees for online courses offered through the Statewide Online Education24Program;25
C
course fees for courses provided by an institution within the state system of 26higher education or certain private, nonprofit higher education institutions in27Utah;
*HB0123*
 
H.B. 12302-01-12 8:51 AM
- 2 -28
C
course fees for courses provided by certain entities under contract with the State29Board of Education or State Board of Regents; and30
C
other fees required as a condition of student participation in an activity, class, or31program;32
<
imposes a limitation on course fees; and33
<
makes technical amendments.34
Money Appropriated in this Bill:
35None36
Other Special Clauses:
37This bill takes effect on July 1, 2012.38
Utah Code Sections Affected:
39AMENDS:40
53A-1a-106
, as last amended by Laws of Utah 2011, Chapter 37141
53A-1a-513
, as last amended by Laws of Utah 2011, Chapter 37142
53A-2-210
, as last amended by Laws of Utah 2008, Chapter 34643
53A-2-214
, as last amended by Laws of Utah 2011, Chapter 37144
53A-15-101
, as last amended by Laws of Utah 2011, Chapter 30145
53A-15-1202
, as enacted by Laws of Utah 2011, Chapter 41946
53A-15-1206
, as enacted by Laws of Utah 2011, Chapter 41947
53A-15-1213
, as enacted by Laws of Utah 2011, Chapter 41948
53A-17a-103
, as last amended by Laws of Utah 2011, Chapter 37149
53A-17a-106
, as last amended by Laws of Utah 2001, Chapter 7350
53A-17a-107
, as last amended by Laws of Utah 2008, Chapter 38251
53A-17a-108
, as last amended by Laws of Utah 2010, Chapters 3 and 39952
53A-17a-153
, as last amended by Laws of Utah 2010, Chapter 353
53A-17a-165
, as enacted by Laws of Utah 2011, Chapter 35954ENACTS:55
53A-17a-105.7
, Utah Code Annotated 195356
53A-17b-101
, Utah Code Annotated 195357
53A-17b-102
, Utah Code Annotated 195358
53A-17b-103
, Utah Code Annotated 1953
 
02-01-12 8:51 AMH.B. 123
- 3 -59
53A-17b-104
, Utah Code Annotated 195360
53A-17b-105
, Utah Code Annotated 195361
53A-17b-106
, Utah Code Annotated 195362
53A-17b-107
, Utah Code Annotated 195363
53A-17b-108
, Utah Code Annotated 195364
53A-17b-109
, Utah Code Annotated 195365REPEALS:66
53A-15-1208
, as enacted by Laws of Utah 2011, Chapter 41967
53A-15-1209
, as enacted by Laws of Utah 2011, Chapter 41968
53A-17a-113
, as last amended by Laws of Utah 2010, Chapter 369
53A-17a-114
, as last amended by Laws of Utah 2011, Chapter 770
53A-17a-116
, as last amended by Laws of Utah 2010, Chapter 371
53A-17a-120.5
, as last amended by Laws of Utah 2010, Chapter 372
53A-17a-131.15
, as last amended by Laws of Utah 2010, Chapter 37374
 Be it enacted by the Legislature of the state of Utah:
75Section 1. Section
53A-1a-106
is amended to read:76
53A-1a-106.
 
School district and individual school powers.
77(1) In order to acquire and develop the characteristics listed in Section 53A-1a-104,78each school district and each public school within its respective district shall implement a79comprehensive system of accountability in which students advance through public schools by80demonstrating competency in required skills and mastery of required knowledge through the81use of diverse assessment instruments such as authentic and criterion referenced tests, projects,82and portfolios.83(2) (a) Each school district and public school shall:84(i) develop and implement programs integrating technology into the curriculum,85instruction, and student assessment;86(ii) provide for teacher and parent involvement in policymaking at the school site;87(iii) implement a public school choice program to give parents, students, and teachers88greater flexibility in designing and choosing among programs with different focuses through89schools within the same district and other districts, subject to space availability, demographics,
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