S.B. 34
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8 LONG TITLE
9 Committee Note:
10 The Education Task Force recommended this bill.
11 General Description:
12 This bill establishes the Utah Education and Workforce Alliance and amends certain
13 provisions related to Utah Futures.
14 Highlighted Provisions:
15 This bill:
16 . establishes the Utah Education and Workforce Alliance and the Utah Education and
17 Workforce Alliance Governing Board;
18 . requires the Utah Education and Workforce Alliance to provide certain information
19 from the Utah Education and Workforce Alliance Data Warehouse to the Office of
20 the Legislative Fiscal Analyst or the Office of Legislative Research and General
21 Counsel;
22 . provides duties for the Utah Education and Workforce Alliance Governing Board,
23 including:
24 . requiring the governing board to appoint an executive director for the Utah
25 Education and Workforce Alliance;
26 . providing policy direction to the executive director, the Utah Education and
27 Workforce Alliance Advisory Committee, and the Utah Futures Advisory
28 Committee;
29 . by August 1, 2014, evaluating and determining whether any, or all, components
30 of Utah Futures should be outsourced to a private provider; and
31 . reporting the governing board's determination regarding Utah Futures to the
32 Education Interim Committee and the Executive Appropriations Committee;
33 . creates the Utah Education and Workforce Alliance Advisory Committee and
34 provides for the appointment of members to the committee;
35 . amends provisions related to Utah Futures and establishes the Utah Futures
36 Advisory Committee, which reports to the Utah Education and Workforce Alliance
37 Governing Board;
38 . defines terms; and
39 . makes technical changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 None
44 Utah Code Sections Affected:
45 AMENDS:
46 53B-17-104 , as last amended by Laws of Utah 2012, Chapter 16
47 ENACTS:
48 53B-26-101 , Utah Code Annotated 1953
49 53B-26-201 , Utah Code Annotated 1953
50 53B-26-202 , Utah Code Annotated 1953
51 53B-26-203 , Utah Code Annotated 1953
52 53B-26-204 , Utah Code Annotated 1953
53 53B-26-205 , Utah Code Annotated 1953
54 RENUMBERS AND AMENDS:
55 53B-26-102 , (Renumbered from 53B-17-102, as last amended by Laws of Utah 2012,
56 Chapter 16)
57 53B-26-301 , (Renumbered from 53A-1-410, as enacted by Laws of Utah 2012, Chapter
58 392)
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 53B-17-104 is amended to read:
62 53B-17-104. Responsibilities of the State Board of Regents, the State Board of
63 Education, the University of Utah, KUED - TV, KUER - FM, and UEN related to public
64 broadcasting and telecommunication for education and government.
65 (1) Subject to applicable rules of the Federal Communications Commission and
66 Section [
67 and the University of Utah, KUED - TV, KUER - FM, and UEN shall:
68 (a) coordinate statewide services of public radio and television;
69 (b) develop, maintain, and operate statewide distribution systems for KUED - TV,
70 KUER - FM, and KUEN, the statewide distance learning service, the educational data network,
71 connections to the Internet, and other telecommunications services appropriate for providing
72 video, audio, and data telecommunication services in support of public and higher education,
73 state government, and public libraries;
74 (c) support the delivery of these services to as many communities as may be
75 economically and technically feasible and lawfully permissible under the various operating
76 licenses;
77 (d) cooperate with state and local governmental and educational agencies and provide
78 leadership and consulting service for telecommunication for education;
79 (e) represent the state with privately owned telecommunications systems to gain access
80 to their networks for the delivery of programs and services sponsored or produced by public
81 and higher education;
82 (f) acquire, produce, coordinate, and distribute a variety of programs and services of an
83 educational, cultural, informative, and entertaining nature designed to promote the public
84 interest and welfare of the state;
85 (g) coordinate with the state system of higher education to acquire, produce, and
86 distribute broadcast and nonbroadcast college credit telecourses, teleconferences, and other
87 instructional and training services;
88 (h) coordinate with school districts and public schools to acquire, produce, and
89 distribute broadcast and nonbroadcast telecourses, teleconferences, and other instructional and
90 training services to the public schools;
91 (i) coordinate the development of a clearing house for the materials, courses,
92 publications, media, software, and other applicable information related to the items addressed
93 in Subsections (1)(g) and (h);
94 (j) coordinate the provision of the following services to public schools:
95 (i) broadcast, during school hours, of educational and administrative programs
96 recommended by the State Board of Education;
97 (ii) digitization of programs for broadcast purposes; and
98 (iii) program previewing;
99 (k) share responsibility for Instructional Television (ITV) awareness and utilization;
100 and
101 (l) provide teleconference and training services for state and local governmental
102 agencies.
103 (2) This section neither regulates nor restricts a privately owned company in the
104 distribution or dissemination of education programs.
105 Section 2. Section 53B-26-101 is enacted to read:
106
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108 53B-26-101. Title.
109 This chapter is known as the "Utah Education Network."
110 Section 3. Section 53B-26-102 , which is renumbered from Section 53B-17-102 is
111 renumbered and amended to read:
112 [
113 (1) (a) As used in this [
114 consortium and partnership between public and higher education established to:
115 (i) coordinate and support the telecommunications needs of public and higher
116 education, public libraries, and entities affiliated with the state systems of public and higher
117 education as approved by the Utah Education Network Board, including the statewide
118 development and implementation of a network for education, utilizing satellite, microwave,
119 fiber-optic, broadcast, and other transmission media;
120 (ii) coordinate the various telecommunications technology initiatives of public and
121 higher education;
122 (iii) provide high-quality, cost-effective Internet access and appropriate interface
123 equipment for schools and school systems;
124 (iv) procure, install, and maintain telecommunication services and equipment on behalf
125 of public and higher education;
126 (v) develop or implement other programs or services for the delivery of distance
127 learning as directed by law; and
128 (vi) apply for state and federal funding on behalf of public and higher education.
129 (b) In performing the duties under this Subsection (1), UEN shall:
130 (i) provide services to schools, school districts, and the public and higher education
131 systems through an open and competitive bidding process;
132 (ii) work with the private sector to deliver high-quality, cost-effective services;
133 (iii) avoid duplicating facilities, equipment or services of private providers of public
134 telecommunications service, as defined under Section 54-8b-2 ;
135 (iv) utilize statewide economic development criteria in the design and implementation
136 of the educational telecommunications infrastructure; and
137 (v) assure that public service entities such as educators, public service providers, and
138 public broadcasters are provided access to the telecommunications infrastructure developed in
139 the state.
140 (2) The University of Utah shall provide administrative management for UEN.
141 (3) (a) The Utah Education Network Board, which is the governing board for UEN, is
142 created.
143 (b) The Utah Education Network Board shall be appointed as follows:
144 (i) (A) The State Board of Education shall appoint four members to represent the state
145 system of public education.
146 (B) In selecting members to represent the state system of public education, the State
147 Board of Education shall select members from different regions of the state and both urban and
148 rural areas.
149 (ii) (A) The commissioner of higher education shall appoint four members to represent
150 the state system of higher education.
151 (B) In selecting members to represent the state system of higher education, the
152 commissioner of higher education shall select members from different regions of the state and
153 both urban and rural areas.
154 (iii) The president of the Utah College of Applied Technology shall appoint one
155 member to represent the Utah College of Applied Technology.
156 (iv) The governor shall appoint:
157 (A) one member to represent the state library; and
158 (B) one member to represent the Office of the Governor.
159 (c) Except as required by Subsection (3)(d), members shall be appointed to four-year
160 terms.
161 (d) The governor, State Board of Education, and commissioner of higher education
162 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
163 terms of Utah Education Network Board members are staggered so that approximately half of
164 the Utah Education Network Board is appointed every two years.
165 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
166 appointed for the unexpired term.
167 (f) (i) The Utah Education Network Board shall elect:
168 (A) a cochair from the members representing the state system of public education; and
169 (B) a cochair from the members representing the state system of higher education.
170 (ii) The cochairs shall set the agenda for Utah Education Network Board meetings.
171 (4) A member of the Utah Education Network Board may not receive compensation or
172 benefits for the member's service, but may receive per diem and travel expenses in accordance
173 with:
174 (a) Section 63A-3-106 ;
175 (b) Section 63A-3-107 ; and
176 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
177 63A-3-107 .
178 (5) The Utah Education Network Board shall:
179 (a) hire an executive director for UEN, and may terminate the executive director's
180 employment or assignment;
181 (b) determine the executive director's salary;
182 (c) annually conduct a performance evaluation of the executive director;
183 (d) establish policies the Utah Education Network Board determines are necessary for
184 the operation of UEN and the administration of UEN's duties;
185 (e) advise UEN in:
186 (i) the development and operation of a coordinated, statewide, multi-option
187 telecommunications system to assist in the delivery of educational services throughout the
188 state; and
189 (ii) acquiring, producing, and distributing instructional content; and
190 (f) establish an advisory council to assist the Utah Education Network Board in
191 performing its responsibilities under Subsection (5)(e).
192 (6) The executive director of UEN shall be an at-will employee.
193 (7) UEN shall locate and maintain educational telecommunication infrastructure
194 throughout the state.
195 (8) Educational institutions shall manage site operations under policy established by
196 UEN.
197 (9) Subject to future budget constraints, the Legislature shall provide an annual
198 appropriation to operate UEN.
199 (10) If the network operated by the Department of Technology Services is not
200 available, UEN may provide network connections to the central administration of counties and
201 municipalities for the sole purpose of transferring data to a secure facility for backup and
202 disaster recovery.
203 Section 4. Section 53B-26-201 is enacted to read:
204
205 53B-26-201. Title -- Definitions.
206 (1) This part is known as "Utah Education and Workforce Alliance."
207 (2) As used in this part:
208 (a) "Executive director" means the executive director of the UEWA appointed by the
209 UEWA Governing Board as described in Subsection 53A-26-204 (1).
210 (b) "Office" means:
211 (i) the Office of the Legislative Fiscal Analyst; or
212 (ii) the Office of Legislative Research and General Counsel.
213 (c) "Personally identifiable information" has the same meaning as defined by the
214 Family Educational Rights and Privacy Act in 34 C.F.R. Sec. 99.3.
215 (d) "UEWA" means the Utah Education and Workforce Alliance established in Section
216 53B-26-202 .
217 (e) "UEWA Advisory Committee" means the Utah Education and Workforce Alliance
218 Advisory Committee created in Section 53B-26-205 .
219 (f) "UEWA Data Warehouse" means the Utah Education and Workforce Alliance Data
220 Warehouse managed and operated by the UEWA.
221 (g) "UEWA Governing Board" means the Utah Education and Workforce Alliance
222 Governing Board created in Section 53B-26-203 .
223 Section 5. Section 53B-26-202 is enacted to read:
224 53B-26-202. Utah Education and Workforce Alliance established -- Access to
225 UEWA data by legislative staff.
226 (1) The Utah Education and Workforce Alliance is a consortium and partnership
227 between the State Board of Education, the Board of Regents, the Utah College of Applied
228 Technology, the Department of Workforce Services, the Utah Education Network, and the
229 Utah Education Policy Center.
230 (2) The UEWA is established to enhance the quality of educational and workforce data
231 through building, maintaining, and utilizing an integrated and confidential statewide data
232 system with public education, higher education, and workforce data.
233 (3) (a) Except as provided in Subsection (3)(b), the UEWA shall, at the request of an
234 office, provide access to information in the UEWA Data Warehouse to the office.
235 (b) An office may not request and the UEWA may not provide to an office a person's
236 personally identifiable information.
237 (c) An office that requests information from the UEWA in accordance with this section
238 shall ensure that the office has a current memorandum of understanding with the UEWA that
239 details the office's responsibility for ensuring the confidentiality and security of the data that
240 complies with all federal and state requirements.
241 (d) A person may not request information from an office under Title 63G, Chapter 2,
242 Government Records Access and Management Act, if that office received the information from
243 the UEWA in accordance with this Subsection (3).
244 (e) An office that requests information from the UEWA in accordance with this section
245 accepts all liability and responsibility for any data breach or inappropriate access that occurs as
246 a result of the office having access to the UEWA data.
247 Section 6. Section 53B-26-203 is enacted to read:
248 53B-26-203. Utah Education and Workforce Alliance Governing Board --
249 Members.
250 (1) There is created the Utah Education and Workforce Alliance Governing Board
251 within the Utah Education Network, composed of the following members:
252 (a) the governor or the governor's designee;
253 (b) the chief information officer described in Section 63F-1-201 ;
254 (c) six private sector members who represent business, appointed by the governor;
255 (d) one member who represents the Utah Public Education System, appointed by the
256 State Board of Education;
257 (e) one member who represents the Utah System of Higher Education, appointed by the
258 Board of Regents;
259 (f) one member who represents the Department of Workforce Services, appointed by
260 the executive director of the Department of Workforce Services;
261 (g) one member who represents the Utah College of Applied of Technology, appointed
262 by the Utah College of Applied Technology Board of Trustees;
263 (h) one member who represents the Utah Education Policy Center, appointed by the
264 Utah Education Policy Center;
265 (i) one member who represents high school students, appointed by the governor; and
266 (j) one member who represents students, appointed by the Utah Student Association.
267 (2) Except as required by Subsection (3), members appointed by the governor, State
268 Board of Education, State Board of Regents, executive director of the Department of
269 Workforce Services, or the Utah College of Applied Technology Board of Trustees shall be
270 appointed to four-year terms.
271 (3) (a) Notwithstanding the requirements of Subsection (2), the length of terms of the
272 members shall be staggered so that approximately half of the committee is appointed every two
273 years.
274 (b) The length of terms of the student members described in Subsections (1)(i) and (j):
275 (i) shall be set by the appointing entity; and
276 (ii) may vary as needed.
277 (4) (a) The governor, or the governor's designee, shall serve as chair of the UEWA
278 Governing Board.
279 (b) The chair shall set the agenda for UEWA Governing Board meetings.
280 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
281 appointed for the unexpired term.
282 (6) Attendance of a simple majority of the members constitutes a quorum for the
283 transaction of official committee business.
284 (7) Formal action by the committee requires a majority vote of a quorum.
285 (8) A member may not receive compensation or benefits for the member's service, but
286 may receive per diem and travel expenses in accordance with:
287 (a) Section 63A-3-106 ;
288 (b) Section 63A-3-107 ; and
289 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
290 63A-3-107 .
291 (9) The Utah Education Network shall provide staff support to the UEWA Governing
292 Board.
293 Section 7. Section 53B-26-204 is enacted to read:
294 53B-26-204. Utah Education and Workforce Alliance Governing Board duties --
295 Appointment of an executive director -- Reporting requirements.
296 (1) The UEWA Governing Board shall:
297 (a) appoint an executive director to act on behalf of the UEWA Governing Board to
298 administer and operate the UEWA;
299 (b) provide policy direction to the executive director, the UEWA Advisory Committee,
300 and the Utah Futures Advisory Committee;
301 (c) hire employees or contract with participating state agencies to administer and
302 operate the UEWA, including the state's UEWA Data Warehouse and other data reporting
303 programs;
304 (d) by August 1, 2014, using the criteria described in Subsection (2), evaluate and
305 determine whether any, or all, components of Utah Futures, described in Section 53B-26-301 ,
306 should be outsourced to a private provider;
307 (e) report the UEWA Governing Board's determination regarding the determination
308 described in Subsection (1)(d) to each of the Education Interim Committee and the Executive
309 Appropriations Committee on or before each committees' September 2014 meetings;
310 (f) develop an extensive dashboard with information accessible by the public;
311 (g) ensure privacy and confidentiality of individual data as required by Section
312 53A-13-301 , Section 53A-13-302 , 20 U.S.C. 1232g, Family Educational Rights and Privacy
313 Act, and 34 C.F.R. Part 99;
314 (h) develop a policy to protect private sensitive information that is stored, processed, or
315 transmitted using UEWA resources;
316 (i) identify appropriate education policy questions that may be addressed or analyzed
317 by the alliance;
318 (j) develop a policy for data requests;
319 (k) develop data use policies;
320 (l) evaluate the quality of the data going into the UEWA Data Warehouse; and
321 (m) annually report to both the Education Interim Committee and the Executive
322 Appropriations Committee.
323 (2) The UEWA Governing Board shall consider at least the following criteria to
324 evaluate and determine whether any, or all, components of Utah Futures, as required in
325 Subsection (1)(d), should be outsourced to a private provider or continue to be developed or
326 built in-house by the participating state agencies:
327 (a) comparing the complete functional capabilities of a private technology provider
328 versus an in-house version;
329 (b) evaluating a cost analysis of purchasing privately developed technology versus
330 continuing to develop or build an in-house version;
331 (c) evaluating the data and security capabilities of a private technology provider versus
332 an in-house version;
333 (d) comparing the time frames to implementation; and
334 (e) considering the best practices and examples of other states who have implemented a
335 tool similar to Utah Futures.
336 Section 8. Section 53B-26-205 is enacted to read:
337 53B-26-205. Utah Education and Workforce Alliance Advisory Committee.
338 (1) There is created the Utah Education and Workforce Alliance Advisory Committee
339 to assist the UEWA Governing Board to administer and operate the UEWA.
340 (2) The UEWA Governing Board shall appoint members to the UEWA Advisory
341 Committee.
342 (3) The UEWA Advisory Committee shall include at least one staff member from each
343 of the following entities:
344 (a) the State Board of Education;
345 (b) the State Board of Regents;
346 (c) the Utah College of Applied Technology;
347 (d) the Department of Workforce Services;
348 (e) the Utah Education Network; and
349 (f) the Utah Education Policy Center.
350 (4) The executive director shall serve as the chair of the UEWA Advisory Committee.
351 Section 9. Section 53B-26-301 , which is renumbered from Section 53A-1-410 is
352 renumbered and amended to read:
353
354 [
355 (1) As used in this section:
356 (a) "Education provider" means:
357 (i) a Utah institution of higher education as defined in Section 53B-2-101 ; or
358 (ii) a Utah provider of postsecondary education.
359 (b) "Student user" means:
360 (i) a Utah student in kindergarten through grade 12;
361 (ii) a Utah post secondary education student;
362 (iii) a parent or guardian of a Utah public education student; or
363 (iv) a Utah potential post secondary education student.
364 (c) "Other user" means:
365 (i) a jobseeker;
366 (ii) an adult user;
367 (iii) a Utah business user; or
368 (iv) any Utah citizen.
369 (d) "Utah Futures" means a career planning program developed and administered by
370 the [
371
372 (e) "Utah Futures [
373 designated by the [
374 in collaboration with the Department of Workforce Services, the State Board of Regents, and
375 the State Board of Education.
376 (2) The Utah Futures [
377 UEWA Governing Board, shall ensure, as funding allows and is feasible, that Utah Futures
378 will:
379 (a) allow a student user to:
380 (i) access the student user's full academic record;
381 (ii) electronically allow the student user to give access to the student user's academic
382 record and related information to an education provider as allowed by law;
383 (iii) access information about different career opportunities and understand the related
384 educational requirements to enter that career;
385 (iv) access information about education providers;
386 (v) access up to date information about entrance requirements to education providers;
387 (vi) apply for entrance to multiple schools without having to fully replicate the
388 application process;
389 (vii) apply for loans, scholarships, or grants from multiple education providers in one
390 location without having to fully replicate the application process for multiple education
391 providers; and
392 (viii) research open jobs from different companies within the user's career interest and
393 apply for those jobs without having to leave the website to do so;
394 (b) allow an other user to:
395 (i) access information about different career opportunities and understand the related
396 educational requirements to enter that career;
397 (ii) access information about education providers;
398 (iii) access up-to-date information about entrance requirements to education providers;
399 (iv) apply for entrance to multiple schools without having to fully replicate the
400 application process;
401 (v) apply for loans, scholarships, or grants from multiple education providers in one
402 location without having to fully replicate the application process for multiple education
403 providers; and
404 (vi) research open jobs from different companies within the user's career interest and
405 apply for those jobs without having to leave the website to do so;
406 [
407 (i) research and find student users who are interested in various educational outcomes;
408 (ii) promote the education provider's programs and schools to student users; and
409 (iii) connect with student users within the Utah Futures website;
410 [
411 (i) research and find student users who are pursuing educational outcomes that are
412 consistent with jobs the Utah business is trying to fill now or in the future; and
413 (ii) market jobs and communicate with student users through the Utah Futures website
414 as allowed by law;
415 [
416 user interests, education paths, and behaviors within the education system so as to predictively
417 determine appropriate career and educational outcomes and results; and
418 [
419 through social networking tools within the Utah Futures website as allowed by law.
420 (3) On or before [
421 UEWA Governing Board, in consultation with the Utah Futures [
422 Committee, may select a technology provider, through a request for proposals process, to
423 provide technology and support for Utah Futures.
424 (4) In evaluating proposals under Subsection (3), the [
425 UEWA Governing Board and the Utah Futures [
426 that the technology provided by a proposer:
427 (a) allows Utah Futures to license [
428 technologies [
429 (b) allows Utah Futures to protect [
430 leveraging role architecture;
431 (c) allows Utah Futures to [
432 web services software layers as needed; [
433 (d) provides the ability for a student user to have a secure profile and login to access
434 and to store personal information related to the services listed in Subsection (2) via the
435 Internet[
436 (e) protects all user data within Utah Futures;
437 (f) allows the UEWA Governing Board to license the technology of the selected
438 technology provider; and
439 (g) provides technology able to support application programming interfaces to integrate
440 technology of other third party providers, which may include cloud-based technology.
Legislative Review Note
as of 12-10-13 1:20 PM