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First Substitute H.B. 34

Representative Martin R. Stephens proposes to substitute the following bill:


             1     
APPLIED TECHNOLOGY EDUCATION

             2     
GOVERNANCE

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Martin R. Stephens

             6      This act establishes a new applied technology education governance structure for Utah. This
             7      act establishes applied technology education regions in Utah, establishes their governance
             8      structure, and defines the powers and duties of region boards and superintendents. This act
             9      establishes a Joint Applied Technology Education Council, establishes its membership and
             10      meeting requirements, and defines the powers and duties of the council. This act also makes
             11      technical and conforming changes to other sections of the Utah Code to make those sections
             12      consistent and in conformity with the substantive provisions of this act. This act includes
             13      uncodified language that provides funding guidelines to the Legislature. This act takes effect
             14      July 1, 2001.
             15      This act affects sections of Utah Code Annotated 1953 as follows:
             16      AMENDS:
             17          53A-15-202, as last amended by Chapter 53, Laws of Utah 1992
             18      ENACTS:
             19          53D-1-101, Utah Code Annotated 1953
             20          53D-1-102, Utah Code Annotated 1953
             21          53D-2-101, Utah Code Annotated 1953
             22          53D-2-102, Utah Code Annotated 1953
             23          53D-2-103, Utah Code Annotated 1953
             24          53D-2-104, Utah Code Annotated 1953
             25          53D-3-201, Utah Code Annotated 1953


             26          53D-3-301, Utah Code Annotated 1953
             27      REPEALS:
             28          53A-1-501, as last amended by Chapter 28, Laws of Utah 1997
             29          53A-1-502, as last amended by Chapters 28 and 375, Laws of Utah 1997
             30          53A-15-202.5, as enacted by Chapter 35, Laws of Utah 1999
             31          53A-15-203, as last amended by Chapter 53, Laws of Utah 1992
             32      This act enacts uncodified material.
             33      Be it enacted by the Legislature of the state of Utah:
             34          Section 1. Section 53A-15-202 is amended to read:
             35           53A-15-202. Powers of the board.
             36          The State Board for Applied Technology Education:
             37          (1) shall establish minimum standards for applied technology programs in the public
             38      education system;
             39          (2) may apply for, receive, administer, and distribute funds made available through
             40      programs of federal and state governments to promote and aid applied technology education;
             41          (3) shall cooperate with federal and state governments to administer programs which
             42      promote and maintain applied technology education;
             43          (4) shall appoint staff and establish their duties;
             44          (5) shall fix staff compensation and pay their expenses from funds appropriated for this
             45      purpose; and
             46          (6) shall perform other duties as required by law.
             47          Section 2. Section 53D-1-101 is enacted to read:
             48     
TITLE 53D. APPLIED TECHNOLOGY EDUCATION CODE

             49     
CHAPTER 1. GENERAL PROVISIONS

             50          53D-1-101. Title.
             51          This title is known as the "Applied Technology Education Code."
             52          Section 3. Section 53D-1-102 is enacted to read:
             53          53D-1-102. Definitions.
             54          As used in this title:
             55          (1) (a) "Applied technology education facility" means a facility governed by a regional
             56      board that provides applied technology education.


             57          (b) "Applied technology education facility" includes the applied technology centers
             58      identified in Section 53D-2-101 .
             59          (c) "Applied technology education facility" does not mean a facility owned or leased by
             60      public or higher education that provides applied technology education.
             61          (2) "Applied technology education region" means the applied technology education regions
             62      established by Section 53D-2-101 .
             63          (3) "Articulation agreement" means an agreement between an applied technology
             64      education provider and one or more higher education institutions enabling eligible students to
             65      receive credit from higher education institutions for competency attainment equivalent to
             66      competencies required at a higher education institution.
             67          (4) "Council" means the Joint Applied Technology Education Council established by
             68      Section 53D-3-101 .
             69          (5) "Higher education institution" means the higher education institutions identified in
             70      Section 53B-2-101 .
             71          (6) "Regional board" means the applied technology education board created by Section
             72      53D-2-103 that governs each applied technology education region.
             73          Section 4. Section 53D-2-101 is enacted to read:
             74     
CHAPTER 2. APPLIED TECHNOLOGY EDUCATION REGIONS

             75     
Part 1. Applied Technology Education Regions

             76          53D-2-101. Applied technology education regions created.
             77          The Legislature establishes the following applied technology education regions in Utah:
             78          (1) The Bear River Region is composed of the geographic area encompassing the Box
             79      Elder School District, the Cache School District, the Logan School District, and the Rich School
             80      District and includes the Bridgerland Applied Technology Center.
             81          (2) The Ogden-Weber Region is composed of the geographic area encompassing the
             82      Ogden City School District and the Weber School District and includes the Ogden-Weber Applied
             83      Technology Center.
             84          (3) The Davis-Morgan Region is composed of the geographic area encompassing the Davis
             85      School District and the Morgan School District and includes the Davis Applied Technology
             86      Center.
             87          (4) The Wasatch Front South Region is composed of the geographic area encompassing


             88      the Salt Lake City School District, the Granite School District, the Jordan School District, the
             89      Murray School District, and the Tooele School District and includes the Wasatch Front South
             90      Applied Technology Center.
             91          (5) The Mountainland Region is composed of the geographic area encompassing the
             92      Alpine School District, the Nebo School District, the Provo School District, the South Summit
             93      School District, the North Summit School District, the Wasatch School District, and the Park City
             94      School District.
             95          (6) The Uintah Basin Region is composed of the geographic area encompassing the
             96      Daggett School District, the Duchesne School District, and the Uintah School District and includes
             97      the Uintah Basin Applied Technology Center.
             98          (7) The Central Region is composed of the geographic area encompassing the Juab School
             99      District, the Millard School District, the Tintic School District, the North Sanpete School District,
             100      the South Sanpete School District, the Wayne School District, the Piute School District, and the
             101      Sevier School District.
             102          (8) The Southwest Region is composed of the geographic area encompassing the Beaver
             103      School District, the Garfield School District, the Iron School District, the Washington School
             104      District, and the Kane School District.
             105          (9) The Southeast Region is composed of the geographic area encompassing the Carbon
             106      School District, the Emery School District, the Grand School District, and the San Juan School
             107      District.
             108          Section 5. Section 53D-2-102 is enacted to read:
             109          53D-2-102. Applied technology education region governing boards -- Membership
             110      -- Terms -- Filling Vacancies -- Quorum -- Compensation.
             111          (1) (a) Each applied technology education region shall be governed by a board appointed
             112      as follows:
             113          (i) one representative appointed by each local school board within the region;
             114          (ii) one representative from each higher education institution board of trustees within the
             115      region appointed by the board of trustees; and
             116          (iii) three or four representatives from businesses or industry within the region appointed
             117      jointly by the public and higher education members.
             118          (b) In determining whether to appoint three or four business or industry members, the


             119      appointing members shall appoint so as to ensure that the board contains an odd number of
             120      members.
             121          (2) (a) At the first meeting of the board:
             122          (i) the representatives from the local school boards shall divide up their positions so that
             123      approximately half of them serve for two-year terms and half serve for four-year terms;
             124          (ii) the representatives from the higher education institution boards of trustees, if there is
             125      more than one, shall divide up their positions so that approximately half of them serve for two-year
             126      terms and half serve for four-year terms;
             127          (iii) if there is only one representative from a higher education institution board of trustees,
             128      that initial representative shall serve a two-year term; and
             129          (iv) the representatives from business and industry shall divide up their positions so that
             130      approximately half of them serve for two-year terms and half serve for four-year terms.
             131          (b) Persons appointed to the board after the first appointments serve four-year terms.
             132          (3) The original appointing authority shall fill any vacancies that occur on the board.
             133          (4) A majority of the board is a quorum.
             134          (5) The board shall elect a chair from its membership.
             135          (6) (a) (i) Members who are not government employees shall receive no compensation or
             136      benefits for their services, but may receive per diem and expenses incurred in the performance of
             137      the member's official duties at the rates established by the Division of Finance under Sections
             138      63A-3-106 and 63A-3-107 .
             139          (ii) Members may decline to receive per diem and expenses for their service.
             140          (b) (i) Higher education members who do not receive salary, per diem, or expenses from
             141      the entity that they represent for their service may receive per diem and expenses incurred in the
             142      performance of their official duties from the committee at the rates established by the Division of
             143      Finance under Sections 63A-3-106 and 63A-3-107 .
             144          (ii) Higher education members may decline to receive per diem and expenses for their
             145      service.
             146          (c) (i) Members appointed by local school boards who do not receive salary, per diem, or
             147      expenses from the entity that they represent for their service may receive per diem and expenses
             148      incurred in the performance of their official duties from the committee at the rates established by
             149      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .


             150          (ii) Those members may decline to receive per diem and expenses for their service.
             151          Section 6. Section 53D-2-103 is enacted to read:
             152          53D-2-103. Applied technology education region governing boards -- Duties.
             153          (1) Each applied technology education region governing board shall:
             154          (a) subject to Subsection (3), act as the local authority for noncredit, competency-based,
             155      open entry-open exit applied technology education provided in the applied technology education
             156      region and for each applied technology education facility, as defined in Section 53D-1-101 , located
             157      within the region;
             158          (b) through applied technology education facilities under its jurisdiction, provide
             159      noncredit, competency-based, open entry-open exit applied technology education within the
             160      region;
             161          (c) through cooperative arrangements established with higher education institutions and
             162      local school districts, provide applied technology education within the region;
             163          (d) prepare and submit budgets for its annual operations to the council;
             164          (e) prepare and submit capital facilities requests for its region to the council;
             165          (f) after consulting with the higher education institutions and local school districts within
             166      its region, prepare a comprehensive strategic plan for delivering applied technology education
             167      within its region and submit it to the council;
             168          (g) consult with business, industry, the Department of Workforce Services, and the
             169      Governor's Office of Planning and Budget to determine what workers and skills are needed for
             170      employment in Utah businesses and industries;
             171          (h) adopt and administer an annual budget and fund balances;
             172          (i) develop policies for the operation of applied technology education facilities under its
             173      jurisdiction;
             174          (j) appoint and fix the salary of all employees;
             175          (k) conduct annual program evaluations;
             176          (l) appoint program advisory committees and other advisory groups to provide counsel,
             177      support, and recommendations for updating and improving the effectiveness of training programs
             178      and services;
             179          (m) approve regulations, both regular and emergency, to be issued and executed by the
             180      superintendent; and


             181          (n) approve or reject processes and arrangements developed by applied technology
             182      education facility managers, including:
             183          (i) facility, students, and employee organizations rules and regulations; and
             184          (ii) admission, classification, instruction, and examination of students.
             185          (2) (a) Before seeking new applied technology education capital facilities, the board shall
             186      maximize the use of both existing applied technology education facilities under its jurisdiction,
             187      and, through cooperative arrangements, existing public education and higher education facilities
             188      within the region to provide applied technology education.
             189          (b) Before seeking new fiscal and administrative support structures, the board shall:
             190          (i) review the use of existing public or higher education administrative and accounting
             191      systems, financial record systems, and student and financial aid systems for the delivery of applied
             192      technology education in the region;
             193          (ii) determine whether it is feasible to use those existing systems; and
             194          (iii) if it is feasible, use those existing systems.
             195          (c) A regional board may not construct, approve the construction of, plan for the design
             196      or construction of, or consent to the construction of, an applied technology education facility
             197      without approval of the Legislature.
             198          (3) A regional board may not exercise any jurisdiction over applied technology education
             199      provided by a local school district or by a higher education institution.
             200          Section 7. Section 53D-2-104 is enacted to read:
             201          53D-2-104. Applied technology education region superintendent -- Appointment --
             202      Duties.
             203          (1) (a) Each regional board shall:
             204          (i) nominate up to three candidates to serve as superintendent of the applied technology
             205      education region; and
             206          (ii) submit the names of the candidates to the council.
             207          (b) (i) The council shall select a person to serve as superintendent from the list submitted
             208      by the board.
             209          (ii) Superintendents may also be employees of a local school district or a higher education
             210      institution.
             211          (c) The council may, by majority vote, terminate a superintendent with the concurrence


             212      of a majority of the regional board.
             213          (2) Each applied technology education region superintendent shall:
             214          (a) serve as the executive officer of the regional board; and
             215          (b) administer the day-to-day operation of the applied technology education region under
             216      the direction of the regional board.
             217     
CHAPTER 3. JOINT APPLIED TECHNOLOGY EDUCATION COUNCIL

             218     
Part 1. General Provisions (Reserved)

             219          Section 8. Section 53D-3-201 is enacted to read:
             220     
Part 2. Creation of Joint Applied Technology Education Council

             221          53D-3-201. Joint Applied Technology Education Council -- Creation -- Membership
             222      -- Staff.
             223          (1) There is created the Joint Applied Technology Education Council composed of the
             224      following 21 members:
             225          (a) one member from each regional board selected by the regional board;
             226          (b) five public education members selected by the State Board of Education;
             227          (c) five higher education members selected by the State Board of Regents;
             228          (d) one business member appointed by the governor with the advice and consent of the
             229      Senate from two names nominated by the speaker of the House; and
             230          (e) one business member appointed by the governor with the advice and consent of the
             231      Senate from two names nominated by the president of the Senate.
             232          (2) (a) At the first meeting of the council:
             233          (i) the representatives from the regional boards shall divide up their positions so that
             234      approximately half of them serve for two-year terms and half serve for four-year terms;
             235          (ii) the representatives from public education shall divide up their positions so that
             236      approximately half serve two-year terms and approximately half serve four-year terms;
             237          (iii) the representatives from higher education shall divide up their positions so that
             238      approximately half serve two-year terms and approximately half serve four-year terms; and
             239          (iv) the representatives from business shall divide up their positions so that one serves a
             240      two-year term and one serves a four-year term.
             241          (b) Persons appointed to the council after the first appointments serve four-year terms.
             242          (3) The original appointing authority shall fill any vacancies that occur on the council.


             243          (4) A majority of the council is a quorum.
             244          (5) The council shall elect a chair from its membership.
             245          (6) (a) (i) Members who are not government employees shall receive no compensation or
             246      benefits for their services, but may receive per diem and expenses incurred in the performance of
             247      the member's official duties at the rates established by the Division of Finance under Sections
             248      63A-3-106 and 63A-3-107 .
             249          (ii) Members may decline to receive per diem and expenses for their service.
             250          (b) (i) Higher education members who do not receive salary, per diem, or expenses from
             251      the entity that they represent for their service may receive per diem and expenses incurred in the
             252      performance of their official duties from the committee at the rates established by the Division of
             253      Finance under Sections 63A-3-106 and 63A-3-107 .
             254          (ii) Higher education members may decline to receive per diem and expenses for their
             255      service.
             256          (c) (i) Public education members who do not receive salary, per diem, or expenses from
             257      the entity that they represent for their service may receive per diem and expenses incurred in the
             258      performance of their official duties from the committee at the rates established by the Division of
             259      Finance under Sections 63A-3-106 and 63A-3-107 .
             260          (ii) Public education members may decline to receive per diem and expenses for their
             261      service.
             262          (d) (i) Regional board members who do not receive salary, per diem, or expenses from the
             263      entity that they represent for their service may receive per diem and expenses incurred in the
             264      performance of their official duties from the committee at the rates established by the Division of
             265      Finance under Sections 63A-3-106 and 63A-3-107 .
             266          (ii) Regional board members may decline to receive per diem and expenses for their
             267      service.
             268          (7) The council may employ up to two full-time employees to serve as staff to the board.
             269          Section 9. Section 53D-3-301 is enacted to read:
             270     
Part 3. Powers of Joint Applied Technology Education Council

             271          53D-3-301. Joint Applied Technology Education Council -- Jurisdiction and powers.
             272          (1) The council shall:
             273          (a) oversee, regulate, and manage the applied technology education regions created by


             274      Section 53D-2-101 ;
             275          (b) select and terminate applied technology education region superintendents as provided
             276      in Section 53D-2-104 ;
             277          (c) in conjunction with the State Board of Education and the State Board of Regents,
             278      develop a statewide system of applied technology education;
             279          (d) coordinate with the State Board of Education and local school boards for applied
             280      technology education in the public school system;
             281          (e) coordinate with the State Board of Regents and higher education institutions for applied
             282      technology education in the higher education system;
             283          (f) receive budget requests from the applied technology education regions, prioritize those
             284      requests, and submit the prioritized requests to the State Building Board, to the Legislative Fiscal
             285      Analyst, and to the Governor's Office of Planning and Budget;
             286          (g) receive capital facilities requests from the applied technology education regions,
             287      prioritize those requests, and submit the prioritized requests to the State Building Board, to the
             288      Legislative Fiscal Analyst, and to the Governor's Office of Planning and Budget;
             289          (h) in consultation with the applied technology education regional boards, prepare a
             290      comprehensive, statewide strategic plan for delivering applied technology education;
             291          (i) develop criteria for membership hour and clock hour counts so that there is a means to
             292      compare and obtain uniform measurements of applied technology education provided by public
             293      education, higher education, and in each region's programs and facilities;
             294          (j) in consultation with the Legislature, develop, and recommend an implementation
             295      strategy for, a funding unit for applied technology education that ensures equity and fairness in the
             296      distribution of funds;
             297          (k) with the State Board of Regents, develop an articulation process for converting
             298      noncredit competencies to higher education credit;
             299          (l) study viable alternatives to enhance accreditation programs;
             300          (m) develop and implement an expedited procedure for approving applied technology
             301      education programs under its jurisdiction;
             302          (n) prepare and submit an annual report detailing its progress and recommendations on the
             303      issues identified in this section and on other applied technology education issues to the governor
             304      and to the Legislature's Education Interim Committee by October 15 of each year;


             305          (o) arbitrate and resolve disputes between higher education and public education over such
             306      matters as:
             307          (i) noncredit courses;
             308          (ii) duplicate course offerings in applied technology education facilities and community
             309      colleges; and
             310          (iii) the scope or application of articulation agreements;
             311          (p) ensure, that some applied technology education providers allow open entry and open
             312      exit;
             313          (q) negotiate or encourage the negotiation of articulation agreements;
             314          (r) after consulting with local school districts and higher education institutions in the
             315      region, ensure that the curricula in the applied technology education system meets the needs of the
             316      state and of the region where it is offered;
             317          (s) after consulting with local school districts and higher education institutions in the
             318      region, develop strategies for providing applied technology education in rural areas, specifically
             319      considering the distances involved between rural applied technology education providers;
             320          (t) establish minimum standards for applied technology programs under its jurisdiction;
             321          (u) in conjunction with the State Board of Education and the State Board of Regents,
             322      develop and implement a system of common definitions, standards, and criteria for tracking and
             323      measuring the effectiveness of applied technology education in Utah;
             324          (v) in conjunction with the State Board of Education and the State Board of Regents,
             325      develop and implement a marketing plan to inform citizens about the availability of, cost of, and
             326      advantages of applied technology education;
             327          (w) appoint staff and establish their duties;
             328          (x) fix staff compensation and pay their expenses from funds appropriated for that purpose;
             329      and
             330          (y) perform other duties as required by law.
             331          (2) The council may not exercise any jurisdiction over applied technology education
             332      provided by a local school district or by a higher education institution.
             333          (3) (a) The council shall develop a fee waiver and scholarship policy consistent with this
             334      subsection.
             335          (b) The council shall consider the following factors in establishing the policy:


             336          (i) financial aid as a factor in recruiting and retaining students;
             337          (ii) financial aid as a factor in center costs, revenue sources, and financial planning;
             338          (iii) financial aid as a factor in course offerings to students;
             339          (iv) the rationale, purpose, and requirements of student financial aid;
             340          (v) administrative costs, responsibilities, and resources in student financial aid programs;
             341          (vi) the availability of existing financial aid systems and processes in the region; and
             342          (vii) students' ability and willingness to comply with the financial aid policy.
             343          (c) The council's financial aid policy shall include procedures to ensure that:
             344          (i) students who are granted financial aid are not treated differently from other students
             345      or identified to persons who do not have both a right and a need to know;
             346          (ii) financial aid is available to all students on a non-discriminatory basis in accordance
             347      with the written policy and based on available funds;
             348          (iii) students are informed of their rights and responsibilities regarding financial aid; and
             349          (iv) eligibility standards and requirements for financial aid are clearly defined, available
             350      to students, and uniformly applied.
             351          (d) Annually, the council shall set standards for financial aid.
             352          (e) Financial aid programs shall provide for:
             353          (i) operational procedures for application, selection, and timely notification to students
             354      regarding financial aid;
             355          (ii) adherence to standards in selection of students for financial aid;
             356          (iii) broadest possible use of funds while providing adequate funding for each recipient
             357      of financial aid;
             358          (iv) students to pay tuition, fees, or both in installments over a pre-determined time period
             359      if the student meets criteria established by the council; and
             360          (v) assistance to students to encourage better management of financial resources.
             361          (f) The council shall ensure that the policy includes a timely appeal process for students
             362      denied financial aid, including the opportunity to appeal to the regional board or its designee.
             363          (4) (a) The council may make rules governing:
             364          (i) applied technology education instruction and support services;
             365          (ii) evaluation and accreditation of applied technology education facilities, programs, and
             366      staff;


             367          (iii) faculty and staff who provide applied technology education in facilities or programs
             368      under the council's control;
             369          (iv) student eligibility for applied technology courses and programs;
             370          (v) tuition and fees charged by applied technology education service providers under the
             371      council's control;
             372          (vi) fiscal procedures;
             373          (vii) use, maintenance, and funding of capital facilities;
             374          (viii) a career ladder program for applied technology education faculty;
             375          (ix) articulation and articulation agreements;
             376          (x) membership hour accounting;
             377          (xi) accreditation; and
             378          (xii) the custom fit program.
             379          (b) Upon petition from a regional board, the council may grant written waivers from
             380      specific requirements established by rule in order to accommodate local conditions.
             381          (5) (a) The council shall submit each decision it makes to the State Board of Education and
             382      to the State Board of Regents for their review.
             383          (b) The State Board of Regents may, by unanimous vote, veto any decision of the council
             384      within 30 days after the state board's staff receives the council's decision.
             385          (c) The State Board of Education may, by unanimous vote, veto any decision of the council
             386      within 30 days after the state board's staff receives the council's decision.
             387          (d) If the State Board of Regents or the State Board of Education veto any decision of the
             388      council, they shall send written notice to the council identifying the decision that was vetoed.
             389          (e) If the State Board of Regents or the State Board of Education veto any decision of the
             390      council, the council may override that veto by a two-thirds vote.
             391          (f) The council may implement its decision if:
             392          (i) it has not received written notice that its decision has been vetoed within 35 days; or
             393          (ii) it has overridden the veto by a two-thirds vote.
             394          Section 10. Repealer.
             395          This act repeals:
             396          Section 53A-1-501, Membership -- Duties -- Advisory decisions -- Annual report.
             397          Section 53A-1-502, Advisory committee -- Duties -- Task forces.


             398          Section 53A-15-202.5, Applied technology centers.
             399          Section 53A-15-203, Applied technology centers -- Management by board.
             400          Section 11. Funding guidelines.
             401          In funding applied technology education, the Legislature shall follow these guidelines:
             402          (1) funding for applied technology education delivered by or for public education should
             403      be appropriated to public education;
             404          (2) funding for applied technology education delivered by higher education should be
             405      appropriated to higher education; and
             406          (3) funding for applied technology education delivered by the applied technology
             407      education regions and by applied technology education facilities governed by those regional boards
             408      should be appropriated to the applied technology education region.
             409          Section 12. Effective date.
             410          This act takes effect on July 1, 2001.


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