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UTAH

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Declaration of Rights (art. 1).

SEC. 4. Religious liberty.-*** No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. * * *

Legislative Department (art. 6).

SEC. 29. Lending public credit forbidden. - The Legislature shall not authorize the State or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking.

Education (art. 10).

SEC. 13. Public aid to church schools forbidden.- Neither the Legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part, by any church, sect or denomination whatever.

Miscellaneous

Corporations (art. 12).

SEC. 1. Corporations; formation; control.-Corporations may be formed under general laws, but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the Legislature, and all corporations doing business in this State, may, as to such business, be regulated, limited or restrained by law.

STATUTORY PROVISIONS

Public Schools (title 53).

Approval/Supervision/Support

State Superintendent (ch. 3).

SEC 53-3-5. Biennial report.-On or before the first day of October preceding each biennial session of the legislature the state superintendent shall present to the governor a report of the administration of the system of public instruction. There shall be printed at least one thousand copies of his report and the laws relating to the schools, which shall be distributed under his direction. The superintendent in his report shall show: ***

(7) The number of grade schools in each county and in each city of the first and of the second class, the number of children between the ages of six and eighteen in each county and in each city of the first and of the second class, with the number of such attending district schools, the average number of children that have attended district schools during the two years prior to July

1st of that year, the number that can read and write, and as far as can be ascertained the number and condition of private schools, academies and colleges in the state. *** [History: R.S., 1898 & C. L. 1907, sec. 1778, 1779; C. L. 1917, sec. 4521, 4522; R. S. 1933 & C. 1943, 75-8-5.]

Compulsory Education

Compulsory Attendance (ch. 24).

SEC. 53-24-1. Minimum time; exceptions, excuses and exemptions.- Every parent, guardian or other person having control of any minor between six and eighteen years of age shall be required to send such minor to a public or regularly established private school during the regularly established school year of the district in which he resides; * * *

Special Education

Education of Handicapped Children (ch. 18).

SEC. 53-18-1. Enumeration of handicapped children; examination.—It shall be the duty of the clerk of the board of education, school enumerators, and attendance officers in every school district in this state, in accordance with rules of procedure prescribed by the state superintendent of public instruction, to secure information and report to the state superintendent of public instruction, on or before the fifteenth day of November of each year, and thereafter, as cases arise, every handicapped child within said district of preschool age, school age, and postschool age; who, because of apparent exceptional physical or mental condition, is not being properly educated and trained; and, as soon thereafter as possible, the child shall be examined by a person certified by the district superintendent or the state board of education as a public school psychologist or psychological examiner, and a report shall be made to the state superintendent of public instruction concerning said child's special educational and training needs. These children and all persons presently being educated and trained in existing "day care centers for the handicapped" are referred to as "handicapped children." [History: L.1941, ch. 62, sec. 1; C.1943, 75-19a-1; L. 1959, ch. 83, sec. 1; 1969, ch. 136, sec. 1.]

SEC. 53-18-2. Appointment of state director of special education; duties of board of education; qualifications of teachers; qualifications and duties of director. The state board of education shall provide proper education and training for all handicapped children in this state, except as provided in section 53-18-6 as re-enacted by this act.

The state board of education shall appoint a director of special education of handicapped children for the state of Utah. The state director of special education shall submit plans to the state board of education for establishing and maintaining supervision for the proper education and training of all handicapped children reported to the director for such special education and training; and except as herein otherwise provided, it shall be the duty of the board of education of all school districts, to provide and maintain from the funds of said school district, or to provide jointly and maintain with neighboring districts from the funds of each of the school districts so participating in proportionate amounts, an appropriate program of special instruction, facilities and

related services for all handicapped children. The state board of education shall adopt standards and regulations relating to the diagnosis and evaluation of the handicapped children by competent professional personnel, special instruction classes and services to be provided and other appropriate guidelines which shall be followed by the local school districts. If it is not possible to provide special education for handicapped children in the public schools in the district, or in conjunction with another school district, the board of education of the district shall, except as herein otherwise provided, secure such education and training outside of the public schools of the district or provide for teaching the handicapped children in their homes in accordance with rules and regulations prescribed by the state board of education. All personnel employed to teach such children shall be either certified teachers or shall have met existing qualifications as determined for aides and instructional assistants, established by the state board of education. Personnel qualified by the division of welfare for instruction and training in day care centers for the handicapped shall be given five years from the effective date of this act within which to qualify under standards and regulations established by the state board of education.

The state director of special education shall be a specially qualified and experienced director responsible for coordinating all state programs for all handicapped children of preschool or school ages to facilitate the educational progress of such children. The director shall exercise general supervision of all programs for the handicapped children of the various school districts of the state and all public agencies and institutions concerned with the training of handicapped children. The director shall encourage and assist in organizing programs for handicapped children which shall be under the immediate administration of district boards of education or of existing state educational institutions which have been authorized for this purpose. The director of special education shall work in cooperation with private agencies concerned with the training of handicapped children. [History: L. 1941, ch. 62, sec. 2; C. 1943, 75-19a-2; L. 1959, ch. 83, sec. 1; 1969, ch. 136, sec. 2.]

SEC. 53-18-4. State superintendent to supervise special programs and schools.-The state superintendent of public instruction shall superintend the organization of such special programs and schools, and such other arrangements for special education, and shall enforce the provisions of this act. [History: L. 1941, ch. 62, sec. 4; C. 1943, 75-19a-4; L. 1969, ch. 136, sec. 4.]

SEC. 53-18-6. Attendance at school; certificates of exemption for handicapped children.-Handicapped children who hold valid certificates of exemption which have been issued by the local district superintendent shall be exempt from attending any school. A certificate of exemption shall cease to be valid at the end of the school year in which it is issued. Certificates of exemption must result from an evaluation process conducted by an evaluation team established for that purpose by the district board of education. A certificate of exemption may be issued to a handicapped child only if the evaluation team determines that he is unstable to the extent he constitutes a potential hazard to the safety of himself or to others. A majority of the members of the evaluation team must not be employees of the school district. The evaluation team shall include at least three persons and shall include a division of health evaluation service representative, a qualified person designated by the local district superintendent, and a third qualified person skilled in the area of the handicap of the child being evaluated. The certificate of exemption is subject to review by a three-man panel appointed for that purpose by the state director of special education upon the filing of written protest by the parent or guardian within thirty days after the exemption certificate is issued. [History: L. 1969, ch. 136, sec. 6.]

SEC. 53-18-7. Diagnosis and evaluation of handicapped children; state division of health to provide services.-The state division of health shall provide diagnostic and evaluation services such as typically are not otherwise provided by local school districts, to determine the most appropriate methods in assisting handicapped children and in preparing them for adequate placement and adjustment. [History: L. 1969, ch. 136, sec. 7.]

Curriculum

General Provisions (ch. 1).

SEC. 53-1-1. United States Constitution to be taught in all schools. — In all public and private schools located within this state there shall be given regular courses of instruction in the Constitution of the United States. Such instruction shall be given at such times and be pursued to such extent as shall be determined by the state board of education. [History: L. 1923, ch. 4, secs. 1, 2; R. S. 1933 & C. 1943, 75-1-1.]

Courses of Study in Public Schools (ch. 14).

SEC. 53-14-13.5 Enrollment of private school pupils in driver education classes.-Local school districts maintaining automobile driver education classes shall allow pupils enrolled in grades nine to twelve, inclusive, of regularly established private schools located in said school district to enroll in the most accessible public school in said school district for the purpose of receiving driver education. The enrollment of such pupils of regularly established private schools shall be on the same terms and conditions as applies to the pupils of public schools within said school district, as such terms and conditions relate to the driver education classes only. [History: C. 1953, 53-14-13.5, enacted by L. 1963, ch. 93, sec. 1.]

Teacher Certification

State Board of Education (ch. 2).

SEC. 53-2-15. Certificates and diplomas; professional teachers; employees of local boards of education.-The state board of education is hereby authorized and empowered to issue professional teachers' certificates and diplomas of high school, junior high school, grammar, primary and kindergarten grade; and also to issue superintendents' certificates and diplomas and supervisors' certificates and diplomas. Such certificates and diplomas shall be valid in any school district of the state in the department of instruction or supervision for which they are issued.

The state board of education is also authorized and empowered to issue certificates to persons regularly employed by local boards of education in classifications of service in the public school system other than those specified in the preceding paragraph.

Health and Safety

General Provisions (ch. 1).

SEC. 53-1-20. Eye protective devices to be worn in industrial education, physics laboratory and chemistry laboratory activities.-Every pupil, teacher and visitor in any public or private school participating in any of the following activities:

(1) Industrial education activities involving experience with: (a) Hot molten metals

(b) The operation of machinery or equipment that may throw particles of foreign matter into the eyes

(c) Heat treating, tempering, or kiln firing of any industrial materials (d) Gas or electric arc welding

(e) Caustic or explosive materials, or

(2) Chemistry or physics laboratories when using caustic or explosive chemicals, and hot liquids or solids,

is required to wear industrial quality eye protective devices while participating in activities which may endanger their vision. A board of education shall furnish such devices for pupils and teachers and shall furnish such equipment for all visitors to these laboratories. A board of education may purchase such devices in large quantities and sell them at cost, rent, or loan them to pupils and teachers. “Industrial quality eye protective devices," as used in this section, means devices meeting the standards of the American standard safety code for head, eye, and respiratory protection, Z2. 1-1959, promulgated by the American Standards Association, Incorporated. [History: L. 1965, ch. 89, sec. 1.]

Federal Aid

State Board of Education (ch. 2).

SEC. 53-2-12.5. Federal funds for education and guidance purposes; acceptance and administration by board.-The state board of education is authorized to apply for, receive, administer, and distribute to school districts funds made available through programs of the federal government for the purposes of improvement of educational programs in the schools of the state. In addition, said funds may be applied to programs involving pre-school children and services related to guidance and counseling of students which involves the co-operation of the parents. The programs enumerated herein are illustrative and not meant to restrict the educational programs permitted

under the provisions of this act. [History: C. 1953, 53-2-12.5, enacted by L. 1965, ch. 88, sec. 1.]

Vocational Education (ch. 16).

SEC. 53-16-12. Federal aid; acceptance; allocation of funds.—In order to promote a more effective program of vocational education in the state of Utah and to take advantage of future grants of federal aid to the several states for this purpose, the state of Utah hereby accepts the provisions of such acts granting federal aid to the several states for vocational education as are passed by the 79th Congress.

All moneys apportioned to the state of Utah from such federal appropriations shall become a part of the Utah funds for vocational education, and shall be administered by the state board for vocational education as provided by law. [History: C. 1943, 75-18-15, enacted by L. 1945, ch. 93, sec. 2.]

VERMONT

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

See STATUTORY PROVISIONS, APPROVAL/SUPERVISION/SUPPORT, ch. 131, sec. 3851; and CURRICULUM, ch. 23, sec. 1047.

Miscellaneous

General Provisions (ch. II).

SEC. 64. Laws for the encouragement of virtue and prevention of vice and immorality, ought to be constantly kept in force, and duly executed; and a competent number of schools ought to be maintained in each town unless the General Assembly permits other provisions for the convenient instruction of youth. All religious societies, or bodies of men that may be united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates, which they in justice ought to enjoy, under such regulations as the General Assembly of this State shall direct.

SEC. 65. No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are to be and remain under the patronage or control of the State; but the General Assembly shall provide by general laws for the organization of all corporations hereafter to be created. All general laws passed pursuant to this section may be altered from time to time or repealed.

STATUTORY PROVISIONS

Education (title 16). Approval/Supervision/Support

Administration Generally (ch. 1).

SEC. 11. Classifications and definitions.—(a) For the purposes of this title, unless the context otherwise clearly requires:

(8) “Private school” means a school other than a public school, which provides a program of education for pupils of the ages in the public schools.

State Board of Education (ch. 3).

SEC. 166. Approval of private schools.—(a) A person or legal entity desiring to operate a private kindergarten, elementary or high school shall apply to the state board for a two year conditional certificate and thereafter shall apply to the state board for approval of the school. The state board shall secure the advice of a committee appointed by the commissioner,

which committee shall evaluate the school and report to the state board. Approval shall be granted if the board finds that the school has the resources required to meet its stated objectives, including financial capacity, faculty, curriculum, physical facilities, and special services. Approval may be granted without committee evaluation in the case of any school accredited by a state or regional agency recognized by the state board for accrediting purposes.

(b) Certificates of approval may be granted for such periods of time as the state board determines is reasonable not to exceed five years, and may be revoked at any time upon a finding of the state board that the school does not meet the standards required for original approval. (c) A private school shall provide to each applicant for admission, prior to accepting any money from the applicant, an accurate statement in writing of its status under this section, and a copy of this section. Failure to comply with this provision shall be conclusive evidence of a violation of 13 V.S.A. sec. 2005.-[Added 1969, No. 298 (Adj. Sess.), sec. 17, eff. July 1, 1970.]

Commissioner of Education (ch. 5).

SEC. 212. Commissioner's duties generally.-The commissioner shall execute those policies adopted by the state board in the legal exercise of its powers and shall: ***

(10) Make recommendations to school boards regarding transportation poli

cies.

(11) Provide an educational facilities planning service to make available technical assistance and comprehensive information on school construction, school systems design, component technology and suppliers, and similar subjects to elementary or secondary schools, school districts or academies, for the purpose of helping those schools or academies to achieve flexibility and economy in construction, to retain the potential for modification and expansion of educational facilities, and to attain the lowest maintenance costs consistent with educational needs.[Added 1969, No. 298 (Adj. Sess.), sec. 26, eff. July 1, 1970.]

SEC. 213. Deputy commissioners and helping teachers.-The board shall employ such number of deputy commissioners and such number of competent helping teachers as it deems necessary. It shall determine the tenure of office of the deputy commissioners and helping teachers and fix the compensation of the helping teachers which shall be paid by the state. The board may remove such staff as the best interest of the schools from time to time may require.-[Added 1969, No. 298 (Adj. Sess.), sec. 26, eff. July 1, 1970.]

Maintenance of Public Schools (ch. 21).

SEC. 822. School districts to maintain high schools or pay tuition.(a) Each school district shall provide, furnish, and maintain one or more ap

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