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First Substitute H.B. 34
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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:
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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:
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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.
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219 Section 8. Section 53D-3-201 is enacted to read:
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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:
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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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