01-09 14:26 H.B. 156
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Education Board Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
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LONG TITLE
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General Description:
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This bill modifies provisions relating to state school board powers.
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Highlighted Provisions:
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This bill:
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▸ modifies provisions relating to state school board powers; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53E-3-401, as last amended by Laws of Utah 2020, Chapters 253, 408
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53E-3-401 is amended to read:
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53E-3-401 . Powers of the state board -- Adoption of rules -- Enforcement --
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Attorney.
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(1) As used in this section:
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(a) "Education entity" means:
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(i) an entity that receives a distribution of state funds through a grant program
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managed by the state board under this public education code;
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(ii) an entity that enters into a contract with the state board to provide an educational
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good or service;
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(iii) a school district;
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(iv) a charter school; or
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(v) a regional education service agency, as that term is defined in Section 53G-4-410.
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(b) "Educational good or service" means a good or service that is required or regulated H.B. 156 01-09 14:26
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under:
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(i) this public education code; or
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(ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, and authorized under this public education code.
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(2)(a) The state board has general control and supervision of the state's public education
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system.
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(b) "General control and supervision" as used in Utah Constitution, Article X, Section 3,
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means [directed to the whole system] the State Board of Education shall direct and
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manage the public education system:
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(i) as the Legislature designates; and
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(ii) in accordance with the laws the Legislature makes.
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(3) The state board may not govern, manage, or operate school districts, institutions, and
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programs, unless granted that authority by statute.
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(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the state board may make rules to[ execute the state board's duties and responsibilities
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under the Utah Constitution and state law] :
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(i) direct and manage the public education system in accordance with the laws the L
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egislature makes; or
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(ii) interrupt disbursements of state aid to an LEA that fails to comply with state laws
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or rules the state board makes.
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(b) The state board may delegate the state board's statutory duties and responsibilities to
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state board employees.
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(5)(a) The state board may sell any interest it holds in real property upon a finding by
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the state board that the property interest is surplus.
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(b) The state board may use the money it receives from a sale under Subsection (5)(a)
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for capital improvements, equipment, or materials, but not for personnel or ongoing
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costs.
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(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
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or institution administered by the state board, the money may only be used for
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purposes related to the agency or institution.
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(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
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related matters during the next following session of the Legislature.
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(6) The state board shall develop policies and procedures related to federal educational
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programs in accordance with Part 8, Implementing Federal or National Education
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Programs.
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(7) On or before December 31, 2010, the state board shall review mandates or requirements
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provided for in state board rule to determine whether certain mandates or requirements
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could be waived to remove funding pressures on public schools on a temporary basis.
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(8)(a) If an education entity violates this public education code or rules authorized
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under this public education code, the state board may, in accordance with the rules
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described in Subsection (8)(c):
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(i) require the education entity to enter into a corrective action agreement with the
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state board;
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(ii) temporarily or permanently withhold state funds from the education entity;
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(iii) require the education entity to pay a penalty; or
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(iv) require the education entity to reimburse specified state funds to the state board.
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(b) Except for temporarily withheld funds, if the state board collects state funds under
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Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
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(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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state board shall make rules:
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(i) that require notice and an opportunity to be heard for an education entity affected
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by a state board action described in Subsection (8)(a); and
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(ii) to administer this Subsection (8).
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(d)(i) An individual may bring a violation of statute or state board rule to the
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attention of the state board in accordance with a process described in rule adopted
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by the state board.
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(ii) If the state board identifies a violation of statute or state board rule as a result of
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the process described in Subsection (8)(d)(i), the state board may take action in
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accordance with this section.
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(e) The state board shall report criminal conduct of an education entity to the district
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attorney of the county where the education entity is located.
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(9) The state board may audit the use of state funds by an education entity that receives
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those state funds as a distribution from the state board.
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(10) The state board may require, by rule made in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, that if an LEA contracts with a third party
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contractor for an educational good or service, the LEA shall require in the contract that
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the third party contractor shall provide, upon request of the LEA, information necessary
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for the LEA to verify that the educational good or service complies with:
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(a) this public education code; and
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(b) state board rule authorized under this public education code.
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(11)(a) The state board may appoint an attorney to provide legal advice to the state
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board and coordinate legal affairs for the state board and the state board's employees.
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(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
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Attorney General.
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(c) An attorney described in Subsection (11)(a) may not:
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(i) conduct litigation;
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(ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
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or
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(iii) issue formal legal opinions.
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(12) The state board shall ensure that any training or certification that an employee of the
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public education system is required to complete under this title or by rule complies with
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Title 63G, Chapter 22, State Training and Certification Requirements.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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