02-20 17:17 1st Sub. (Buff) H.B. 156
Norman K Thurston proposes the following substitute bill:
1
Education Board Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor:
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions regarding governance of the public education system.
6
Highlighted Provisions:
7
This bill:
8
▸ defines terms;
9
▸ amends provisions regarding the appointment, authority, and duties of the state
10
superintendent of public instruction;
11
▸ amends provisions regarding the scope of authority and duties of employees of the State
12
Board of Education (state board);
13
▸ amends provisions to describe the level of autonomy of local education agencies relative
14
to the state superintendent and state board employees; and
15
▸ makes technical and conforming changes.
16
Money Appropriated in this Bill:
17
None
18
Other Special Clauses:
19
None
20
Utah Code Sections Affected:
21
AMENDS:
22
53E-1-102, as last amended by Laws of Utah 2022, Chapter 214
23
53E-3-301, as last amended by Laws of Utah 2019, Chapters 186, 324
24
53E-3-302, as last amended by Laws of Utah 2019, Chapter 186
25
53E-3-303, as last amended by Laws of Utah 2019, Chapter 186
26
53E-3-401, as last amended by Laws of Utah 2020, Chapters 253, 408
27
REPEALS:
28
53E-1-204, as enacted by Laws of Utah 2020, Third Special Session, Chapter 10
1st Sub. H.B. 156 1st Sub. (Buff) H.B. 156 02-20 17:17
29
30
Be it enacted by the Legislature of the state of Utah:
31
Section 1. Section 53E-1-102 is amended to read:
32
53E-1-102 . Public education code definitions.
33
Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
34
Funding, and Title 53G, Public Education System -- Local Administration:
35
(1) "Charter agreement" means an agreement made in accordance with Section 53G-5-303
36
that authorizes the operation of a charter school.
37
(2) "Charter school governing board" means the board that governs a charter school.
38
(3) "District school" means a public school under the control of a local school board.
39
(4) "Individualized education program" or "IEP" means a written statement for a student
40
with a disability that is developed, reviewed, and revised in accordance with the
41
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
42
(5)(a) "General control and supervision" means, including as used in Utah Constitution,
43
Article X, Section 3, that the state board shall direct. supervise, regulate, and provide
44
for the management of all aspects of the public education system:
45
(i) as the Legislature designates the components of the public education system;
46
(ii) except as provided in Section 53E-8-204, in relation to the statewide system as a
47
whole; and
48
(iii) in accordance with laws the Legislature makes.
49
(b) "General control and supervision" does not include, except as provided in statute,
50
exercising a duty or authority legally pertaining to an LEA governing board or
51
district superintendent, as described in Subsection 53E-3-401(3).
52
[(5)] (6) "LEA governing board" means:
53
(a) for a school district, the local school board;
54
(b) for a charter school, the charter school governing board; or
55
(c) for the Utah Schools for the Deaf and the Blind, the state board.
56
[(6)] (7) "Local education agency" or "LEA" means:
57
(a) a school district;
58
(b) a charter school; or
59
(c) the Utah Schools for the Deaf and the Blind.
60
[(7)] (8) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
61
Election of Members of Local Boards of Education.
62
[(8)] (9) "Minimum School Program" means the same as that term is defined in Section
- 2 - 02-20 17:17 1st Sub. (Buff) H.B. 156
63
53F-2-102.
64
[(9)] (10) "Parent" means a parent or legal guardian.
65
[(10)] (11) "Public education code" means:
66
(a) this title;
67
(b) Title 53F, Public Education System -- Funding; and
68
(c) Title 53G, Public Education System -- Local Administration.
69
[(11)] (12) "Section 504 accommodation plan" means a plan developed in accordance with
70
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
71
with a disability, to meet the student's educational needs and ensure equitable access to a
72
free appropriate public education.
73
[(12)] (13) "School nurse" means a registered nurse:
74
(a) who holds:
75
(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
76
(ii) a multistate license as that term is defined in Section 58-31e-102; and
77
(b) whose primary role is the care of a defined group of students enrolled in the public
78
school system.
79
[(13)] (14) "State board" means the State Board of Education.
80
[(14)] (15) "State superintendent" means the state superintendent of public instruction
81
appointed under Section 53E-3-301.
82
Section 2. Section 53E-3-301 is amended to read:
83
53E-3-301 . State superintendent appointment -- Qualifications -- Duties.
84
[(1)(a) The state board shall appoint a state superintendent of public instruction, who is
85
the executive officer of the state board and serves at the pleasure of the state board.]
86
[(b) The state board shall appoint the state superintendent on the basis of outstanding
87
professional qualifications.]
88
[(c) The state superintendent shall administer all programs assigned to the state board in
89
accordance with the policies and the standards established by the state board.]
90
(1)(a) Subject to Subsection (7), the state board shall appoint a state superintendent of
91
public instruction who serves as the board's chief executive officer.
92
(b) The superintendent shall administer all programs assigned to the state board in
93
accordance with the state board's rules, policies, directives, and standards.
94
(2)(a) The state board shall appoint the superintendent on the basis of outstanding
95
professional qualifications.
96
(b) When deciding whom to appoint under Subsection (1), the state board shall establish
- 3 - 1st Sub. (Buff) H.B. 156 02-20 17:17
97
and consult with an advisory committee of individuals that represent the interests of
98
public education, including members of the Legislature, and other elected officials
99
and stakeholders.
100
(3)(a) The superintendent's term of office is for three years and until, subject to
101
Subsection (7), a successor is appointed and qualified.
102
(b) The state board shall enter into an employment contract with the superintendent that,
103
at a minimum, includes terms related to job duties, compensation, performance
104
evaluation, termination, and resignation.
105
(c) The state board may not enter into an employment contract that contains an
106
automatic renewal provision with the superintendent.
107
(d) The state board may remove the state superintendent during the superintendent's
108
three-year term according to the terms of the employment contract.
109
(e) Nothing in this section requires the state board to renew a superintendent's term or
110
establishes requirements or prohibitions on a subsequent term after the state
111
superintendent's initial three-year term.
112
(4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (7), if it
113
becomes necessary to appoint an interim superintendent due to a vacancy in the office of
114
superintendent, the state board shall make an appointment during a public meeting for an
115
indefinite term not to exceed one year, which term shall end upon the appointment and
116
qualification of a new superintendent.
117
(5) The state board shall set the superintendent's compensation for services.
118
(6) A superintendent qualifies for office by taking the constitutional oath of office.
119
(7)(a) As used in this Subsection (7), "interim vacancy period" means the period of time
120
that:
121
(i) begins on the day on which a general election described in Section 20A-1-202 is
122
held to elect a member of the state board; and
123
(ii) ends on the day on which the member-elect begins the member's term.
124
(b)(i) The state board may not appoint a superintendent during an interim vacancy
125
period.
126
(ii) Notwithstanding Subsection (7)(b)(i):
127
(A) the state board may appoint an interim superintendent during an interim
128
vacancy period; and
129
(B) the interim superintendent's term shall expire once a new superintendent is
130
appointed by the new state board after the interim vacancy period has ended.
- 4 - 02-20 17:17 1st Sub. (Buff) H.B. 156
131
(c) Subsection (7)(b) does not apply if all the state board members who held office on
132
the day of the general election whose term of office was vacant for the election are
133
re-elected to the state board for the following term.
134
[(2)] (8) The state board shall, with the state superintendent, develop a statewide education
135
strategy focusing on core academics, including the development of:
136
(a) core standards for Utah public schools and graduation requirements, in accordance
137
with Section 53E-4-204;
138
(b) a process to select model instructional materials that best correlate with the core
139
standards for Utah public schools and graduation requirements that are supported by
140
generally accepted scientific standards of evidence;
141
(c) professional development programs for teachers, superintendents, and principals;
142
(d) model remediation programs;
143
(e) a model method for creating individual student learning targets, and a method of
144
measuring an individual student's performance toward those targets;
145
(f) progress-based assessments for ongoing performance evaluations of school districts
146
and schools;
147
(g) incentives to achieve the desired outcome of individual student progress in core
148
academics that do not create disincentives for setting high goals for the students;
149
(h) an annual report card for school and school district performance, measuring learning
150
and reporting progress-based assessments;
151
(i) a systematic method to encourage innovation in schools and school districts as each
152
strives to achieve improvement in performance; and
153
(j) a method for identifying and sharing best demonstrated practices across school
154
districts and schools.
155
[(3)] (9) The state superintendent shall perform duties [assigned by ]the state board assigns,
156
including:
157
(a) investigating all matters pertaining to the public schools;
158
(b) adopting and keeping an official seal to authenticate the state superintendent's
159
official acts;
160
(c) holding and conducting meetings, seminars, and conferences on educational topics;
161
(d) collecting and organizing education data into an automated decision support system
162
to facilitate school district and school improvement planning, accountability
163
reporting, performance recognition, and the evaluation of educational policy and
164
program effectiveness to include:
- 5 - 1st Sub. (Buff) H.B. 156 02-20 17:17
165
(i) data that are:
166
(A) comparable across schools and school districts;
167
(B) appropriate for use in longitudinal studies; and
168
(C) comprehensive with regard to the data elements required under applicable
169
state or federal law or state board rule;
170
(ii) features that enable users, most particularly school administrators, teachers, and
171
parents, to:
172
(A) retrieve school and school district level data electronically;
173
(B) interpret the data visually; and
174
(C) draw conclusions that are statistically valid; and
175
(iii) procedures for the collection and management of education data that[:] require
176
all school districts and schools to comply with the data collection and
177
management procedures established under Subsection (9)(d) and that
178
[(A)] require the state superintendent to:
179
[(I)] (A) collaborate with school districts and charter schools in designing and
180
implementing uniform data standards and definitions;
181
[(II)] (B) undertake or sponsor research to implement improved methods for
182
analyzing education data;
183
[(III)] (C) provide for data security to prevent unauthorized access to or
184
contamination of the data; and
185
[(IV)] (D) protect the confidentiality of data under state and federal privacy laws[;
186
and] ;
187
[(B) require all school districts and schools to comply with the data collection and
188
management procedures established under Subsection (3)(d);]
189
(e) administering and implementing federal educational programs in accordance with
190
Part 8, Implementing Federal or National Education Programs; and
191
(f) with the approval of the state board, preparing and submitting to the governor a
192
budget for the state board to be included in the budget that the governor submits to
193
the Legislature.
194
[(4)] (10) The state superintendent shall distribute funds deposited in the Autism Awareness
195
Restricted Account created in Section 53F-9-401 in accordance with the requirements of
196
Section 53F-9-401.
197
[(5)] (11) Upon leaving office, the state superintendent shall deliver to the state
198
superintendent's successor all books, records, documents, maps, reports, papers, and
- 6 - 02-20 17:17 1st Sub. (Buff) H.B. 156
199
other articles pertaining to the state superintendent's office.
200
Section 3. Section 53E-3-302 is amended to read:
201
53E-3-302 . Compensation of state superintendent -- Other state board
202
employees.
203
(1) The state board shall establish the compensation of the state superintendent.
204
(2) The state board may, as necessary for the proper administration and supervision of the
205
public school system:
206
(a) appoint other employees; and
207
(b) delegate appropriate duties and responsibilities, through the state superintendent, to
208
state board employees.
209
(3) [The] Subject to legislative appropriations, the state board shall establish the
210
compensation and duties of state board employees[ shall be established by the state
211
board and paid from money appropriated for that purpose].
212
(4)(a) Regarding personnel matters:
213
(i) the state board may only assign duties directly to state board employees through
214
formal state board action; and
215
(ii) absent specific state board direction, the state superintendent shall assign and
216
supervise employee duties subject to state board rules, policies, directives, and
217
standards.
218
(b) Except as expressly provided in statute, an employee of the state board:
219
(i) may not exercise a duty or authority legally pertaining to an LEA governing board
220
or district superintendent; and
221
(ii) may only receive duties or authority from the board or superintendent as allowed
222
in Subsections (4)(a) and (b).
223
Section 4. Section 53E-3-303 is amended to read:
224
53E-3-303 . Advice by state superintendent -- Written opinions.
225
(1) The state superintendent shall:
226
(a) advise superintendents, LEA governing boards, and other school officers upon all
227
matters involving the welfare of the schools[.] ;
228
[(2)] (b) [The state superintendent shall, ]when requested by district superintendents or
229
other school officers, provide written opinions on questions of public education,
230
administrative policy, and procedure[, but not upon questions of law.] ; and
231
(c) communicate with superintendents, LEA governing boards, and other school officers
232
to enforce compliance with state board rules, policies, or directives.
- 7 - 1st Sub. (Buff) H.B. 156 02-20 17:17
233
(2) When providing advice to an LEA or other entities the state superintendent's advice
234
described in Subsections (1)(a) and (b) may not:
235
(a) relate to a question of law; or
236
(b) constitute an order or directive that mandates action by the recipient of the advice.
237
(3) Upon request by the state superintendent, the attorney general shall issue written
238
opinions on questions of law.
239
[(4) Opinions issued under this section shall be considered to be correct and final unless set
240
aside by a court of competent jurisdiction or by subsequent legislation.]
241
Section 5. Section 53E-3-401 is amended to read:
242
53E-3-401 . Powers of the state board -- Adoption of rules -- Enforcement --
243
Attorney.
244
(1) As used in this section:
245
(a) "Education entity" means:
246
(i) an entity that receives a distribution of state funds through a grant program
247
managed by [ ]the state board under this public education code;
248
(ii) an entity that enters into a contract with the state board to provide an educational
249
good or [ ]service;
250
(iii) a school district;
251
(iv) a charter school; or
252
(v) a regional education service agency, as that term is defined in Section 53G-4-410.
253
(b) "Educational good or service" means a good or service that is required or regulated
254
under:
255
(i) this public education code; or
256
(ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
257
Rulemaking Act, and authorized under this public education code.
258
(2)[(a)] The state board has general control and supervision of the state's public
259
education system.
260
[(b) "General control and supervision" as used in Utah Constitution, Article X, Section 3,
261
means directed to the whole system.]
262
(3) The state board may not govern, manage, or operate school districts, institutions, and
263
programs, unless granted that authority by statute.
264
(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
265
the state board may make rules to execute the state board's duties and responsibilities
266
under the Utah Constitution and state law:
- 8 - 02-20 17:17 1st Sub. (Buff) H.B. 156
267
(i) as required by statute; or
268
(ii) absent express statutory rulemaking direction, as necessary to implement the
269
intent of a statute.
270
(b) The state board may delegate the state board's statutory duties and responsibilities to
271
state board employees.
272
(5)(a) The state board may sell any interest it holds in real property upon a finding by
273
the state board that the property interest is surplus.
274
(b) The state board may use the money it receives from a sale under Subsection (5)(a)
275
for capital improvements, equipment, or materials, but not for personnel or ongoing
276
costs.
277
(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
278
or institution administered by the state board, the money may only be used for
279
purposes related to the agency or institution.
280
(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
281
related matters during the next following session of the Legislature.
282
(6) The state board shall develop policies and procedures related to federal educational
283
programs in accordance with Part 8, Implementing Federal or National Education
284
Programs.
285
(7) On or before December 31, 2010, the state board shall review mandates or requirements
286
provided for in state board rule to determine whether certain mandates or requirements
287
could be waived to remove funding pressures on public schools on a temporary basis.
288
(8)(a) If an education entity violates this public education code or rules authorized under
289
this public education code, the state board may, in accordance with the rules
290
described in Subsection (8)(c):
291
(i) require the education entity to enter into a corrective action agreement with the
292
state board;
293
(ii) temporarily or permanently withhold state funds from the education entity;
294
(iii) require the education entity to pay a penalty; or
295
(iv) require the education entity to reimburse specified state funds to the state board.
296
(b) Except for temporarily withheld funds, if the state board collects state funds under
297
Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.
298
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
299
state board shall make rules:
300
(i) that require notice and an opportunity to be heard for an education entity affected
- 9 - 1st Sub. (Buff) H.B. 156 02-20 17:17
301
by a state board action described in Subsection (8)(a); and
302
(ii) to administer this Subsection (8).
303
(d)(i) An individual may bring a violation of statute or state board rule to the
304
attention of the state board in accordance with a process described in rule adopted
305
by the state board.
306
(ii) If the state board identifies a violation of statute or state board rule as a result of
307
the process described in Subsection (8)(d)(i), the state board may take action in
308
accordance with this section.
309
(e) The state board shall report criminal conduct of an education entity to the district
310
attorney of the county where the education entity is located.
311
(9) The state board may audit the use of state funds by an education entity that receives
312
those state funds as a distribution from the state board.
313
(10) The state board may require, by rule made in accordance with Title 63G, Chapter 3,
314
Utah Administrative Rulemaking Act, that if an LEA contracts with a third party
315
contractor for an educational good or service, the LEA shall require in the contract that
316
the third party contractor shall provide, upon request of the LEA, information necessary
317
for the LEA to verify that the educational good or service complies with:
318
(a) this public education code; and
319
(b) state board rule authorized under this public education code.
320
(11)(a) The state board may appoint an attorney to provide legal advice to the state
321
board and coordinate legal affairs for the state board and the state board's employees.
322
(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
323
Attorney General.
324
(c) An attorney described in Subsection (11)(a) may not:
325
(i) conduct litigation;
326
(ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
327
or
328
(iii) issue formal legal opinions.
329
(12) The state board shall ensure that any training or certification that an employee of the
330
public education system is required to complete under this title or by rule complies with
331
Title 63G, Chapter 22, State Training and Certification Requirements.
332
Section 6. Repealer.
333
This bill repeals:
334
Section 53E-1-204, State board report to Education Interim Committee on statutory
- 10 - 02-20 17:17 1st Sub. (Buff) H.B. 156
335
requirements impacted by assessment waivers.
336
Section 7. Effective Date.
337
This bill takes effect on May 7, 2025.
- 11 -