UT
Utah House Bill HB0156

Utah 2025 Regular Session

Utah House Bill HB0156 Compare Versions

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1-02-20 17:17 1st Sub. (Buff) H.B. 156
2-Norman K Thurston proposes the following substitute bill:
1+01-09 14:26 H.B. 156
32 1
43 Education Board Amendments
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Norman K Thurston
8-Senate Sponsor:
97 2
108
119 3
1210 LONG TITLE
1311 4
1412 General Description:
1513 5
16-This bill amends provisions regarding governance of the public education system.
14+This bill modifies provisions relating to state school board powers.
1715 6
1816 Highlighted Provisions:
1917 7
2018 This bill:
2119 8
22-▸ defines terms;
20+▸ modifies provisions relating to state school board powers; and
2321 9
24-▸ amends provisions regarding the appointment, authority, and duties of the state
22+▸ makes technical changes.
2523 10
26-superintendent of public instruction;
24+Money Appropriated in this Bill:
2725 11
28-▸ amends provisions regarding the scope of authority and duties of employees of the State
26+None
2927 12
30-Board of Education (state board);
28+Other Special Clauses:
3129 13
32-▸ amends provisions to describe the level of autonomy of local education agencies relative
30+None
3331 14
34-to the state superintendent and state board employees; and
32+Utah Code Sections Affected:
3533 15
36-▸ makes technical and conforming changes.
34+AMENDS:
3735 16
38-Money Appropriated in this Bill:
36+53E-3-401, as last amended by Laws of Utah 2020, Chapters 253, 408
3937 17
40-None
38+
4139 18
42-Other Special Clauses:
40+Be it enacted by the Legislature of the state of Utah:
4341 19
44-None
42+Section 1. Section 53E-3-401 is amended to read:
4543 20
46-Utah Code Sections Affected:
44+53E-3-401 . Powers of the state board -- Adoption of rules -- Enforcement --
4745 21
48-AMENDS:
46+Attorney.
4947 22
50-53E-1-102, as last amended by Laws of Utah 2022, Chapter 214
48+(1) As used in this section:
5149 23
52-53E-3-301, as last amended by Laws of Utah 2019, Chapters 186, 324
50+(a) "Education entity" means:
5351 24
54-53E-3-302, as last amended by Laws of Utah 2019, Chapter 186
52+(i) an entity that receives a distribution of state funds through a grant program
5553 25
56-53E-3-303, as last amended by Laws of Utah 2019, Chapter 186
54+managed by the state board under this public education code;
5755 26
58-53E-3-401, as last amended by Laws of Utah 2020, Chapters 253, 408
56+(ii) an entity that enters into a contract with the state board to provide an educational
5957 27
60-REPEALS:
58+good or service;
6159 28
62-53E-1-204, as enacted by Laws of Utah 2020, Third Special Session, Chapter 10
63-1st Sub. H.B. 156 1st Sub. (Buff) H.B. 156 02-20 17:17
60+(iii) a school district;
6461 29
65-
62+(iv) a charter school; or
6663 30
67-Be it enacted by the Legislature of the state of Utah:
64+(v) a regional education service agency, as that term is defined in Section 53G-4-410.
6865 31
69-Section 1. Section 53E-1-102 is amended to read:
66+(b) "Educational good or service" means a good or service that is required or regulated H.B. 156 01-09 14:26
7067 32
71-53E-1-102 . Public education code definitions.
68+under:
7269 33
73- Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
70+(i) this public education code; or
7471 34
75-Funding, and Title 53G, Public Education System -- Local Administration:
72+(ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
7673 35
77-(1) "Charter agreement" means an agreement made in accordance with Section 53G-5-303
74+Rulemaking Act, and authorized under this public education code.
7875 36
79-that authorizes the operation of a charter school.
76+(2)(a) The state board has general control and supervision of the state's public education
8077 37
81-(2) "Charter school governing board" means the board that governs a charter school.
78+system.
8279 38
83-(3) "District school" means a public school under the control of a local school board.
80+(b) "General control and supervision" as used in Utah Constitution, Article X, Section 3,
8481 39
85-(4) "Individualized education program" or "IEP" means a written statement for a student
82+means [directed to the whole system] the State Board of Education shall direct and
8683 40
87-with a disability that is developed, reviewed, and revised in accordance with the
84+manage the public education system:
8885 41
89-Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
86+(i) as the Legislature designates; and
9087 42
91-(5)(a) "General control and supervision" means, including as used in Utah Constitution,
88+(ii) in accordance with the laws the Legislature makes.
9289 43
93-Article X, Section 3, that the state board shall direct. supervise, regulate, and provide
90+(3) The state board may not govern, manage, or operate school districts, institutions, and
9491 44
95-for the management of all aspects of the public education system:
92+programs, unless granted that authority by statute.
9693 45
97-(i) as the Legislature designates the components of the public education system;
94+(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
9895 46
99-(ii) except as provided in Section 53E-8-204, in relation to the statewide system as a
96+the state board may make rules to[ execute the state board's duties and responsibilities
10097 47
101-whole; and
98+under the Utah Constitution and state law] :
10299 48
103-(iii) in accordance with laws the Legislature makes.
100+(i) direct and manage the public education system in accordance with the laws the L
104101 49
105-(b) "General control and supervision" does not include, except as provided in statute,
102+egislature makes; or
106103 50
107-exercising a duty or authority legally pertaining to an LEA governing board or
104+(ii) interrupt disbursements of state aid to an LEA that fails to comply with state laws
108105 51
109-district superintendent, as described in Subsection 53E-3-401(3).
106+or rules the state board makes.
110107 52
111-[(5)] (6) "LEA governing board" means:
108+(b) The state board may delegate the state board's statutory duties and responsibilities to
112109 53
113-(a) for a school district, the local school board;
110+state board employees.
114111 54
115-(b) for a charter school, the charter school governing board; or
112+(5)(a) The state board may sell any interest it holds in real property upon a finding by
116113 55
117-(c) for the Utah Schools for the Deaf and the Blind, the state board.
114+the state board that the property interest is surplus.
118115 56
119-[(6)] (7) "Local education agency" or "LEA" means:
116+(b) The state board may use the money it receives from a sale under Subsection (5)(a)
120117 57
121-(a) a school district;
118+for capital improvements, equipment, or materials, but not for personnel or ongoing
122119 58
123-(b) a charter school; or
120+costs.
124121 59
125-(c) the Utah Schools for the Deaf and the Blind.
122+(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
126123 60
127-[(7)] (8) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
124+or institution administered by the state board, the money may only be used for
128125 61
129-Election of Members of Local Boards of Education.
126+purposes related to the agency or institution.
130127 62
131-[(8)] (9) "Minimum School Program" means the same as that term is defined in Section
132-- 2 - 02-20 17:17 1st Sub. (Buff) H.B. 156
128+(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
133129 63
134-53F-2-102.
130+related matters during the next following session of the Legislature.
135131 64
136-[(9)] (10) "Parent" means a parent or legal guardian.
132+(6) The state board shall develop policies and procedures related to federal educational
137133 65
138-[(10)] (11) "Public education code" means:
134+programs in accordance with Part 8, Implementing Federal or National Education
135+- 2 - 01-09 14:26 H.B. 156
139136 66
140-(a) this title;
137+Programs.
141138 67
142-(b) Title 53F, Public Education System -- Funding; and
139+(7) On or before December 31, 2010, the state board shall review mandates or requirements
143140 68
144-(c) Title 53G, Public Education System -- Local Administration.
141+provided for in state board rule to determine whether certain mandates or requirements
145142 69
146-[(11)] (12) "Section 504 accommodation plan" means a plan developed in accordance with
143+could be waived to remove funding pressures on public schools on a temporary basis.
147144 70
148-Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
145+(8)(a) If an education entity violates this public education code or rules authorized
149146 71
150-with a disability, to meet the student's educational needs and ensure equitable access to a
147+under this public education code, the state board may, in accordance with the rules
151148 72
152-free appropriate public education.
149+described in Subsection (8)(c):
153150 73
154-[(12)] (13) "School nurse" means a registered nurse:
151+(i) require the education entity to enter into a corrective action agreement with the
155152 74
156-(a) who holds:
153+state board;
157154 75
158-(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
155+(ii) temporarily or permanently withhold state funds from the education entity;
159156 76
160-(ii) a multistate license as that term is defined in Section 58-31e-102; and
157+(iii) require the education entity to pay a penalty; or
161158 77
162-(b) whose primary role is the care of a defined group of students enrolled in the public
159+(iv) require the education entity to reimburse specified state funds to the state board.
163160 78
164-school system.
161+(b) Except for temporarily withheld funds, if the state board collects state funds under
165162 79
166-[(13)] (14) "State board" means the State Board of Education.
163+Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
167164 80
168-[(14)] (15) "State superintendent" means the state superintendent of public instruction
165+(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
169166 81
170-appointed under Section 53E-3-301.
167+state board shall make rules:
171168 82
172-Section 2. Section 53E-3-301 is amended to read:
169+(i) that require notice and an opportunity to be heard for an education entity affected
173170 83
174-53E-3-301 . State superintendent appointment -- Qualifications -- Duties.
171+by a state board action described in Subsection (8)(a); and
175172 84
176-[(1)(a) The state board shall appoint a state superintendent of public instruction, who is
173+(ii) to administer this Subsection (8).
177174 85
178-the executive officer of the state board and serves at the pleasure of the state board.]
175+(d)(i) An individual may bring a violation of statute or state board rule to the
179176 86
180-[(b) The state board shall appoint the state superintendent on the basis of outstanding
177+attention of the state board in accordance with a process described in rule adopted
181178 87
182-professional qualifications.]
179+by the state board.
183180 88
184-[(c) The state superintendent shall administer all programs assigned to the state board in
181+(ii) If the state board identifies a violation of statute or state board rule as a result of
185182 89
186-accordance with the policies and the standards established by the state board.]
183+the process described in Subsection (8)(d)(i), the state board may take action in
187184 90
188-(1)(a) Subject to Subsection (7), the state board shall appoint a state superintendent of
185+accordance with this section.
189186 91
190-public instruction who serves as the board's chief executive officer.
187+(e) The state board shall report criminal conduct of an education entity to the district
191188 92
192-(b) The superintendent shall administer all programs assigned to the state board in
189+attorney of the county where the education entity is located.
193190 93
194-accordance with the state board's rules, policies, directives, and standards.
191+(9) The state board may audit the use of state funds by an education entity that receives
195192 94
196-(2)(a) The state board shall appoint the superintendent on the basis of outstanding
193+those state funds as a distribution from the state board.
197194 95
198-professional qualifications.
195+(10) The state board may require, by rule made in accordance with Title 63G, Chapter 3,
199196 96
200-(b) When deciding whom to appoint under Subsection (1), the state board shall establish
201-- 3 - 1st Sub. (Buff) H.B. 156 02-20 17:17
197+Utah Administrative Rulemaking Act, that if an LEA contracts with a third party
202198 97
203-and consult with an advisory committee of individuals that represent the interests of
199+contractor for an educational good or service, the LEA shall require in the contract that
204200 98
205-public education, including members of the Legislature, and other elected officials
201+the third party contractor shall provide, upon request of the LEA, information necessary
206202 99
207-and stakeholders.
203+for the LEA to verify that the educational good or service complies with:
204+- 3 - H.B. 156 01-09 14:26
208205 100
209-(3)(a) The superintendent's term of office is for three years and until, subject to
206+(a) this public education code; and
210207 101
211-Subsection (7), a successor is appointed and qualified.
208+(b) state board rule authorized under this public education code.
212209 102
213-(b) The state board shall enter into an employment contract with the superintendent that,
210+(11)(a) The state board may appoint an attorney to provide legal advice to the state
214211 103
215-at a minimum, includes terms related to job duties, compensation, performance
212+board and coordinate legal affairs for the state board and the state board's employees.
216213 104
217-evaluation, termination, and resignation.
214+(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
218215 105
219-(c) The state board may not enter into an employment contract that contains an
216+Attorney General.
220217 106
221-automatic renewal provision with the superintendent.
218+(c) An attorney described in Subsection (11)(a) may not:
222219 107
223-(d) The state board may remove the state superintendent during the superintendent's
220+(i) conduct litigation;
224221 108
225-three-year term according to the terms of the employment contract.
222+(ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
226223 109
227-(e) Nothing in this section requires the state board to renew a superintendent's term or
224+or
228225 110
229-establishes requirements or prohibitions on a subsequent term after the state
226+(iii) issue formal legal opinions.
230227 111
231-superintendent's initial three-year term.
228+(12) The state board shall ensure that any training or certification that an employee of the
232229 112
233-(4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (7), if it
230+public education system is required to complete under this title or by rule complies with
234231 113
235-becomes necessary to appoint an interim superintendent due to a vacancy in the office of
232+Title 63G, Chapter 22, State Training and Certification Requirements.
236233 114
237-superintendent, the state board shall make an appointment during a public meeting for an
234+Section 2. Effective date.
238235 115
239-indefinite term not to exceed one year, which term shall end upon the appointment and
240-116
241-qualification of a new superintendent.
242-117
243-(5) The state board shall set the superintendent's compensation for services.
244-118
245-(6) A superintendent qualifies for office by taking the constitutional oath of office.
246-119
247-(7)(a) As used in this Subsection (7), "interim vacancy period" means the period of time
248-120
249-that:
250-121
251-(i) begins on the day on which a general election described in Section 20A-1-202 is
252-122
253-held to elect a member of the state board; and
254-123
255-(ii) ends on the day on which the member-elect begins the member's term.
256-124
257-(b)(i) The state board may not appoint a superintendent during an interim vacancy
258-125
259-period.
260-126
261-(ii) Notwithstanding Subsection (7)(b)(i):
262-127
263-(A) the state board may appoint an interim superintendent during an interim
264-128
265-vacancy period; and
266-129
267-(B) the interim superintendent's term shall expire once a new superintendent is
268-130
269-appointed by the new state board after the interim vacancy period has ended.
270-- 4 - 02-20 17:17 1st Sub. (Buff) H.B. 156
271-131
272-(c) Subsection (7)(b) does not apply if all the state board members who held office on
273-132
274-the day of the general election whose term of office was vacant for the election are
275-133
276-re-elected to the state board for the following term.
277-134
278-[(2)] (8) The state board shall, with the state superintendent, develop a statewide education
279-135
280-strategy focusing on core academics, including the development of:
281-136
282-(a) core standards for Utah public schools and graduation requirements, in accordance
283-137
284-with Section 53E-4-204;
285-138
286-(b) a process to select model instructional materials that best correlate with the core
287-139
288-standards for Utah public schools and graduation requirements that are supported by
289-140
290-generally accepted scientific standards of evidence;
291-141
292-(c) professional development programs for teachers, superintendents, and principals;
293-142
294-(d) model remediation programs;
295-143
296-(e) a model method for creating individual student learning targets, and a method of
297-144
298-measuring an individual student's performance toward those targets;
299-145
300-(f) progress-based assessments for ongoing performance evaluations of school districts
301-146
302-and schools;
303-147
304-(g) incentives to achieve the desired outcome of individual student progress in core
305-148
306-academics that do not create disincentives for setting high goals for the students;
307-149
308-(h) an annual report card for school and school district performance, measuring learning
309-150
310-and reporting progress-based assessments;
311-151
312-(i) a systematic method to encourage innovation in schools and school districts as each
313-152
314-strives to achieve improvement in performance; and
315-153
316-(j) a method for identifying and sharing best demonstrated practices across school
317-154
318-districts and schools.
319-155
320-[(3)] (9) The state superintendent shall perform duties [assigned by ]the state board assigns,
321-156
322-including:
323-157
324-(a) investigating all matters pertaining to the public schools;
325-158
326-(b) adopting and keeping an official seal to authenticate the state superintendent's
327-159
328-official acts;
329-160
330-(c) holding and conducting meetings, seminars, and conferences on educational topics;
331-161
332-(d) collecting and organizing education data into an automated decision support system
333-162
334-to facilitate school district and school improvement planning, accountability
335-163
336-reporting, performance recognition, and the evaluation of educational policy and
337-164
338-program effectiveness to include:
339-- 5 - 1st Sub. (Buff) H.B. 156 02-20 17:17
340-165
341-(i) data that are:
342-166
343-(A) comparable across schools and school districts;
344-167
345-(B) appropriate for use in longitudinal studies; and
346-168
347-(C) comprehensive with regard to the data elements required under applicable
348-169
349-state or federal law or state board rule;
350-170
351-(ii) features that enable users, most particularly school administrators, teachers, and
352-171
353-parents, to:
354-172
355-(A) retrieve school and school district level data electronically;
356-173
357-(B) interpret the data visually; and
358-174
359-(C) draw conclusions that are statistically valid; and
360-175
361-(iii) procedures for the collection and management of education data that[:] require
362-176
363-all school districts and schools to comply with the data collection and
364-177
365-management procedures established under Subsection (9)(d) and that
366-178
367-[(A)] require the state superintendent to:
368-179
369-[(I)] (A) collaborate with school districts and charter schools in designing and
370-180
371-implementing uniform data standards and definitions;
372-181
373-[(II)] (B) undertake or sponsor research to implement improved methods for
374-182
375-analyzing education data;
376-183
377-[(III)] (C) provide for data security to prevent unauthorized access to or
378-184
379-contamination of the data; and
380-185
381-[(IV)] (D) protect the confidentiality of data under state and federal privacy laws[;
382-186
383-and] ;
384-187
385-[(B) require all school districts and schools to comply with the data collection and
386-188
387-management procedures established under Subsection (3)(d);]
388-189
389-(e) administering and implementing federal educational programs in accordance with
390-190
391-Part 8, Implementing Federal or National Education Programs; and
392-191
393-(f) with the approval of the state board, preparing and submitting to the governor a
394-192
395-budget for the state board to be included in the budget that the governor submits to
396-193
397-the Legislature.
398-194
399-[(4)] (10) The state superintendent shall distribute funds deposited in the Autism Awareness
400-195
401-Restricted Account created in Section 53F-9-401 in accordance with the requirements of
402-196
403-Section 53F-9-401.
404-197
405-[(5)] (11) Upon leaving office, the state superintendent shall deliver to the state
406-198
407-superintendent's successor all books, records, documents, maps, reports, papers, and
408-- 6 - 02-20 17:17 1st Sub. (Buff) H.B. 156
409-199
410-other articles pertaining to the state superintendent's office.
411-200
412-Section 3. Section 53E-3-302 is amended to read:
413-201
414-53E-3-302 . Compensation of state superintendent -- Other state board
415-202
416-employees.
417-203
418-(1) The state board shall establish the compensation of the state superintendent.
419-204
420-(2) The state board may, as necessary for the proper administration and supervision of the
421-205
422-public school system:
423-206
424-(a) appoint other employees; and
425-207
426-(b) delegate appropriate duties and responsibilities, through the state superintendent, to
427-208
428-state board employees.
429-209
430-(3) [The] Subject to legislative appropriations, the state board shall establish the
431-210
432-compensation and duties of state board employees[ shall be established by the state
433-211
434-board and paid from money appropriated for that purpose].
435-212
436-(4)(a) Regarding personnel matters:
437-213
438-(i) the state board may only assign duties directly to state board employees through
439-214
440-formal state board action; and
441-215
442-(ii) absent specific state board direction, the state superintendent shall assign and
443-216
444-supervise employee duties subject to state board rules, policies, directives, and
445-217
446-standards.
447-218
448-(b) Except as expressly provided in statute, an employee of the state board:
449-219
450-(i) may not exercise a duty or authority legally pertaining to an LEA governing board
451-220
452-or district superintendent; and
453-221
454-(ii) may only receive duties or authority from the board or superintendent as allowed
455-222
456-in Subsections (4)(a) and (b).
457-223
458-Section 4. Section 53E-3-303 is amended to read:
459-224
460-53E-3-303 . Advice by state superintendent -- Written opinions.
461-225
462-(1) The state superintendent shall:
463-226
464-(a) advise superintendents, LEA governing boards, and other school officers upon all
465-227
466-matters involving the welfare of the schools[.] ;
467-228
468-[(2)] (b) [The state superintendent shall, ]when requested by district superintendents or
469-229
470-other school officers, provide written opinions on questions of public education,
471-230
472-administrative policy, and procedure[, but not upon questions of law.] ; and
473-231
474-(c) communicate with superintendents, LEA governing boards, and other school officers
475-232
476-to enforce compliance with state board rules, policies, or directives.
477-- 7 - 1st Sub. (Buff) H.B. 156 02-20 17:17
478-233
479-(2) When providing advice to an LEA or other entities the state superintendent's advice
480-234
481-described in Subsections (1)(a) and (b) may not:
482-235
483-(a) relate to a question of law; or
484-236
485-(b) constitute an order or directive that mandates action by the recipient of the advice.
486-237
487-(3) Upon request by the state superintendent, the attorney general shall issue written
488-238
489-opinions on questions of law.
490-239
491-[(4) Opinions issued under this section shall be considered to be correct and final unless set
492-240
493-aside by a court of competent jurisdiction or by subsequent legislation.]
494-241
495-Section 5. Section 53E-3-401 is amended to read:
496-242
497-53E-3-401 . Powers of the state board -- Adoption of rules -- Enforcement --
498-243
499-Attorney.
500-244
501-(1) As used in this section:
502-245
503-(a) "Education entity" means:
504-246
505-(i) an entity that receives a distribution of state funds through a grant program
506-247
507-managed by [ ]the state board under this public education code;
508-248
509-(ii) an entity that enters into a contract with the state board to provide an educational
510-249
511-good or [ ]service;
512-250
513-(iii) a school district;
514-251
515-(iv) a charter school; or
516-252
517-(v) a regional education service agency, as that term is defined in Section 53G-4-410.
518-253
519-(b) "Educational good or service" means a good or service that is required or regulated
520-254
521-under:
522-255
523-(i) this public education code; or
524-256
525-(ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
526-257
527-Rulemaking Act, and authorized under this public education code.
528-258
529-(2)[(a)] The state board has general control and supervision of the state's public
530-259
531-education system.
532-260
533-[(b) "General control and supervision" as used in Utah Constitution, Article X, Section 3,
534-261
535-means directed to the whole system.]
536-262
537-(3) The state board may not govern, manage, or operate school districts, institutions, and
538-263
539-programs, unless granted that authority by statute.
540-264
541-(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
542-265
543-the state board may make rules to execute the state board's duties and responsibilities
544-266
545-under the Utah Constitution and state law:
546-- 8 - 02-20 17:17 1st Sub. (Buff) H.B. 156
547-267
548-(i) as required by statute; or
549-268
550-(ii) absent express statutory rulemaking direction, as necessary to implement the
551-269
552-intent of a statute.
553-270
554-(b) The state board may delegate the state board's statutory duties and responsibilities to
555-271
556-state board employees.
557-272
558-(5)(a) The state board may sell any interest it holds in real property upon a finding by
559-273
560-the state board that the property interest is surplus.
561-274
562-(b) The state board may use the money it receives from a sale under Subsection (5)(a)
563-275
564-for capital improvements, equipment, or materials, but not for personnel or ongoing
565-276
566-costs.
567-277
568-(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
569-278
570-or institution administered by the state board, the money may only be used for
571-279
572-purposes related to the agency or institution.
573-280
574-(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
575-281
576-related matters during the next following session of the Legislature.
577-282
578-(6) The state board shall develop policies and procedures related to federal educational
579-283
580-programs in accordance with Part 8, Implementing Federal or National Education
581-284
582-Programs.
583-285
584-(7) On or before December 31, 2010, the state board shall review mandates or requirements
585-286
586-provided for in state board rule to determine whether certain mandates or requirements
587-287
588-could be waived to remove funding pressures on public schools on a temporary basis.
589-288
590-(8)(a) If an education entity violates this public education code or rules authorized under
591-289
592-this public education code, the state board may, in accordance with the rules
593-290
594-described in Subsection (8)(c):
595-291
596-(i) require the education entity to enter into a corrective action agreement with the
597-292
598-state board;
599-293
600-(ii) temporarily or permanently withhold state funds from the education entity;
601-294
602-(iii) require the education entity to pay a penalty; or
603-295
604-(iv) require the education entity to reimburse specified state funds to the state board.
605-296
606-(b) Except for temporarily withheld funds, if the state board collects state funds under
607-297
608-Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
609-298
610-(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
611-299
612-state board shall make rules:
613-300
614-(i) that require notice and an opportunity to be heard for an education entity affected
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616-301
617-by a state board action described in Subsection (8)(a); and
618-302
619-(ii) to administer this Subsection (8).
620-303
621-(d)(i) An individual may bring a violation of statute or state board rule to the
622-304
623-attention of the state board in accordance with a process described in rule adopted
624-305
625-by the state board.
626-306
627-(ii) If the state board identifies a violation of statute or state board rule as a result of
628-307
629-the process described in Subsection (8)(d)(i), the state board may take action in
630-308
631-accordance with this section.
632-309
633-(e) The state board shall report criminal conduct of an education entity to the district
634-310
635-attorney of the county where the education entity is located.
636-311
637-(9) The state board may audit the use of state funds by an education entity that receives
638-312
639-those state funds as a distribution from the state board.
640-313
641-(10) The state board may require, by rule made in accordance with Title 63G, Chapter 3,
642-314
643-Utah Administrative Rulemaking Act, that if an LEA contracts with a third party
644-315
645-contractor for an educational good or service, the LEA shall require in the contract that
646-316
647-the third party contractor shall provide, upon request of the LEA, information necessary
648-317
649-for the LEA to verify that the educational good or service complies with:
650-318
651-(a) this public education code; and
652-319
653-(b) state board rule authorized under this public education code.
654-320
655-(11)(a) The state board may appoint an attorney to provide legal advice to the state
656-321
657-board and coordinate legal affairs for the state board and the state board's employees.
658-322
659-(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
660-323
661-Attorney General.
662-324
663-(c) An attorney described in Subsection (11)(a) may not:
664-325
665-(i) conduct litigation;
666-326
667-(ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
668-327
669-or
670-328
671-(iii) issue formal legal opinions.
672-329
673-(12) The state board shall ensure that any training or certification that an employee of the
674-330
675-public education system is required to complete under this title or by rule complies with
676-331
677-Title 63G, Chapter 22, State Training and Certification Requirements.
678-332
679-Section 6. Repealer.
680-333
681-This bill repeals:
682-334
683-Section 53E-1-204, State board report to Education Interim Committee on statutory
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685-335
686-requirements impacted by assessment waivers.
687-336
688-Section 7. Effective Date.
689-337
690236 This bill takes effect on May 7, 2025.
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