(1) Kindergartens are an integral part of the state‘s public education system.

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Terms Used In Utah Code 53G-7-203

  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)

     (2)(a) Each LEA governing board shall provide kindergarten classes free of charge for kindergarten children residing within the district or attending the charter school.
     (2)(b) Each LEA governing board shall:

          (2)(b)(i) provide a half-day kindergarten option for a student that comprises the minimum standards for half-day kindergarten that the state board establishes, in accordance with Subsection (4)(a)(iii), if the student’s parent requests a half-day option; and
          (2)(b)(ii)

               (2)(b)(ii)(A) inform parents of the availability of the option to register for a designated full-curriculum half-day kindergarten option at the time of all kindergarten registration, by email, posters, or other announcements when a parent requests kindergarten registration; and
               (2)(b)(ii)(B) provide the option to register for a designated half-day kindergarten option at the time of registration;
          (2)(b)(iii) provide a dedicated kindergarten class specifically designated as a half-day kindergarten class when enrollment of half-day kindergarten students at an individual school or a regional school exceeds a minimum of 18 students;
          (2)(b)(iv) when enrollment of half-day kindergarten students at an individual school exceeds a minimum of 18 students, designate the school as a half-day kindergarten provider for the improvement of recruiting teachers that prefer half-day teaching;
          (2)(b)(v) inform parents regarding the additional educational resources and opportunities available to parents who select the half-day kindergarten option; and
          (2)(b)(vi) ensure that a half-day kindergarten student who is registered in a class that includes full-day kindergarten students receives instruction that at least meets the minimum standards for half-day kindergarten that the state board establishes, in accordance with Subsection (4)(a)(iii).
     (2)(c) Nothing in this Subsection (2):

          (2)(c)(i) allows an LEA governing board to require a student to participate in a full-day kindergarten program;
          (2)(c)(ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6, Part 2, Compulsory Education; or
          (2)(c)(iii) requires a student who only attends a half day of kindergarten to participate in dual enrollment under Section 53G-6-702.
(3) Kindergartens established under Subsection (2) shall receive state money under Title 53F, Public Education System — Funding.
(4)

     (4)(a) The state board shall:

          (4)(a)(i) develop and collect data from a kindergarten assessment that the board selects by rule;
          (4)(a)(ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the administration of and reporting regarding the assessment described in Subsection (4)(a)(i); and
          (4)(a)(iii) establish minimum standards for half-day kindergarten.
     (4)(b) An LEA shall:

          (4)(b)(i) administer the assessment described in Subsection (4)(a) to each kindergarten student; and
          (4)(b)(ii) report to the state board the results of the assessment described in Subsection (4)(b)(i) in relation to each kindergarten student in the LEA.
(5) The state board shall require LEAs to report average daily membership for all kindergarten students who attend kindergarten on a schedule that is equivalent in length to the schedule for grades 1 through 3 with the October 1 data described in Section 53F-2-302.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to:

     (6)(a) beginning with the 2024-2025 school year, require a student to be toilet trained before being enrolled in kindergarten;
     (6)(b) establish requirements for an LEA’s kindergarten enrollment process to include assurances from a parent that the parent’s student is toilet trained;
     (6)(c) create a process for an LEA to follow when an enrolled student in kindergarten is found to not be toilet trained, including:

          (6)(c)(i) referring the student and the student’s parent to a school social worker or counselor for additional family supports and resources;
          (6)(c)(ii) allowing a parent or the parent’s adult designee to aid in toilet training as needed; and
          (6)(c)(iii) when needed, reintegration of a student once the student has become toilet trained; and
     (6)(d) create exemptions from the requirement in Subsection (6)(a) for a student who is not able to be toilet trained before kindergarten because of a condition described in an IEP or Section 504 accommodation plan.