2
3
4
5
6
7
8 LONG TITLE
9 Committee Note:
10 The Native American Legislative Liaison Committee recommended this bill.
11 General Description:
12 This bill modifies provisions related to American Indian-Alaskan Native education.
13 Highlighted Provisions:
14 This bill:
15 ▸ enacts a chapter providing for an American Indian-Alaskan Native Education State
16 Plan, including:
17 • defining terms;
18 • providing the position of American Indian-Alaskan Native Public Education
19 Liaison;
20 • requiring reporting to the Native American Legislative Liaison Committee;
21 • creating the American Indian-Alaskan Native Education Commission;
22 • establishing the duties of the commission; and
23 • providing for the adoption of a state plan to address the educational achievement
24 gap of the state's American Indian-Alaskan Native students; and
25 ▸ makes technical and conforming amendments.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a special effective date.
30 Utah Code Sections Affected:
31 AMENDS:
32 9-9-104.6, as last amended by Laws of Utah 2014, Chapter 387
33 ENACTS:
34 53A-31-101, Utah Code Annotated 1953
35 53A-31-102, Utah Code Annotated 1953
36 53A-31-201, Utah Code Annotated 1953
37 53A-31-202, Utah Code Annotated 1953
38 53A-31-203, Utah Code Annotated 1953
39 53A-31-301, Utah Code Annotated 1953
40 53A-31-302, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 9-9-104.6 is amended to read:
44 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
45 Contact information.
46 (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
47 division shall coordinate with representatives of tribal governments and the entities listed in
48 Subsection (2) to provide for the broadest participation possible in the joint meetings.
49 (2) The following may participate in all meetings described in Subsection (1):
50 (a) the chairs of the Native American Legislative Liaison Committee created in Section
51 36-22-1;
52 (b) the governor or the governor's designee;
53 (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
54 with Section 26-7-2.5; or
55 (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
56 representative of the Department of Health appointed by the executive director of the
57 Department of Health; [
58 (d) (i) the American Indian-Alaskan Native Public Education Liaison appointed in
59 accordance with Section 53A-31-201; or
60 (ii) if the American Indian-Alaskan Native Public Education Liaison is not appointed, a
61 representative of the State Office of Education appointed by the superintendent of public
62 instruction; and
63 [
64 (i) the Department of Human Services;
65 (ii) the Department of Natural Resources;
66 (iii) the Department of Workforce Services;
67 (iv) the Governor's Office of Economic Development; and
68 [
69 [
70 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
71 (i) designate the name of a contact person for that agency that can assist in coordinating
72 the efforts of state and tribal governments in meeting the needs of the Native Americans
73 residing in the state; and
74 (ii) notify the division:
75 (A) who is the designated contact person described in Subsection (3)(a)(i); and
76 (B) of any change in who is the designated contact person described in Subsection
77 (3)(a)(i).
78 (b) This Subsection (3) applies to:
79 (i) the Department of Agriculture and Food;
80 (ii) the Department of Heritage and Arts;
81 (iii) the Department of Corrections;
82 (iv) the Department of Environmental Quality;
83 (v) the Department of Public Safety;
84 (vi) the Department of Transportation;
85 (vii) the Office of the Attorney General;
86 (viii) the State Tax Commission; and
87 (ix) any agency described in [
88 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
89 participate in a meeting described in Subsection (1).
90 (4) (a) A participant under this section who is not a legislator may not receive
91 compensation or benefits for the participant's service, but may receive per diem and travel
92 expenses as allowed in:
93 (i) Section 63A-3-106;
94 (ii) Section 63A-3-107; and
95 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
96 63A-3-107.
97 (b) Compensation and expenses of a participant who is a legislator are governed by
98 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
99 Section 2. Section 53A-31-101 is enacted to read:
100
101
102
103 53A-31-101. Title.
104 This chapter is known as the "American Indian-Alaskan Native Education State Plan."
105 Section 3. Section 53A-31-102 is enacted to read:
106 53A-31-102. Definitions.
107 As used in this chapter:
108 (1) "Commission" means the American Indian-Alaskan Native Education Commission
109 created in Section 53A-31-202.
110 (2) "Liaison" means the individual appointed under Section 53A-31-201.
111 (3) "Native American Legislative Liaison Committee" means the committee created in
112 Section 36-22-1.
113 (4) "State plan" means the state plan adopted under Section 53A-31-301.
114 (5) "Superintendent" means the superintendent of public instruction appointed under
115 Section 53A-1-301.
116 Section 4. Section 53A-31-201 is enacted to read:
117
118 53A-31-201. American Indian-Alaskan Native Public Education Liaison.
119 (1) Subject to budget constraints, the superintendent shall appoint an individual as the
120 American Indian-Alaskan Native Public Education Liaison.
121 (2) The liaison shall work under the direction of the superintendent in the development
122 and implementation of the state plan.
123 (3) The liaison shall annually report to the Native American Legislative Liaison
124 Committee about:
125 (a) the liaison's activities; and
126 (b) the activities related to the education of American Indians and Alaskan Natives in
127 the state's public school system and efforts to close the achievement gap.
128 Section 5. Section 53A-31-202 is enacted to read:
129 53A-31-202. Commission created.
130 (1) There is created a commission known as the "American Indian-Alaskan Native
131 Education Commission." The commission shall consist of 16 members as follows:
132 (a) the superintendent;
133 (b) the liaison;
134 (c) two individuals appointed by the superintendent that are coordinators funded under
135 Title VII, Elementary and Secondary Education Act;
136 (d) three members of the Native American Legislative Liaison Committee appointed by
137 the chairs of the Native American Legislative Liaison Committee;
138 (e) a representative of the Navajo Nation who resides in Utah selected by the Navajo
139 Utah Commission;
140 (f) a representative of the Ute Indian Tribe of the Uintah and Ouray Reservation who
141 resides in Utah selected by the Uintah and Ouray Tribal Business Committee;
142 (g) a representative of the Paiute Indian Tribe of Utah who resides in Utah selected by
143 the Paiute Indian Tribe of Utah Tribal Council;
144 (h) a representative of the Northwestern Band of the Shoshone Nation who resides in
145 Utah selected by the Northwestern Band of the Shoshone Nation Tribal Council;
146 (i) a representative of the Confederated Tribes of the Goshute who resides in Utah
147 selected by the Confederated Tribes of the Goshute Reservation Tribal Council;
148 (j) a representative of the Skull Valley Band of Goshute Indians who resides in Utah
149 selected by the Skull Valley Band of Goshute Indian Tribal Executive Committee;
150 (k) a representative of the Ute Mountain Ute Tribe who resides in Utah selected by the
151 Ute Mountain Ute Tribal Council;
152 (l) a representative of the San Juan Southern Paiute Tribe who resides in Utah selected
153 by the San Juan Southern Paiute Tribal Council; and
154 (m) an appointee from the governor.
155 (2) The superintendent shall chair the commission.
156 (3) (a) The superintendent shall call meetings of the commission.
157 (b) Eight members of the commission constitute a quorum of the commission.
158 (c) The action of a majority of the commission at a meeting when a quorum is present
159 constitutes action of the commission.
160 (4) If a vacancy occurs in the membership for any reason, the replacement shall be
161 appointed in the same manner of the original appointment for the vacant position.
162 (5) The commission may adopt procedures or requirements for:
163 (a) voting, when there is a tie of the commission members; and
164 (b) the frequency of meetings.
165 (6) (a) A member of the commission may not receive compensation or benefits for the
166 member's service, but may receive per diem and travel expenses in accordance with:
167 (i) Section 63A-3-106;
168 (ii) Section 63A-3-107; and
169 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
170 63A-3-107.
171 (b) Compensation and expenses of a participant who is a legislator are governed by
172 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
173 (7) The State Office of Education shall staff the commission.
174 (8) The commission shall be dissolved on December 31, 2015.
175 Section 6. Section 53A-31-203 is enacted to read:
176 53A-31-203. Duties of the commission.
177 (1) The commission shall develop a proposed state plan to be presented to the Native
178 American Legislative Liaison Committee to address the educational achievement gap of the
179 American Indian and Alaskan Native students in the state.
180 (2) The proposed state plan shall:
181 (a) identify the most critical academic needs of Utah's American Indian and Alaskan
182 Native students;
183 (b) recommend a course of action to meet the identified needs;
184 (c) include measures of relevant data;
185 (d) focus on the specific needs of American Indian and Alaskan Native children;
186 (e) include methods to use available resources as efficiently as possible to meet the
187 needs of American Indian and Alaskan Native students;
188 (f) list any programs, practices, materials, or equipment that the public school system
189 would need to implement the proposed state plan to have a direct impact on the instruction of
190 American Indian and Alaskan Native students and result in measurable increased student
191 performance;
192 (g) include ongoing reporting to the Native American Legislative Liaison Committee;
193 (h) include a plan to hire, retain, and promote highly qualified teachers as quickly as
194 feasible; and
195 (i) add a process for sharing data with tribal education leaders.
196 (3) The commission shall present the proposed state plan developed under Subsection
197 (1) to the Native American Legislative Liaison Committee by no later than October 31, 2015.
198 Section 7. Section 53A-31-301 is enacted to read:
199
200 53A-31-301. Adoption of state plan.
201 (1) After receipt of the proposed state plan from the commission in accordance with
202 Section 53A-31-203, the Native American Legislative Liaison Committee may review the
203 proposed state plan and make changes to the proposed state plan that the Native American
204 Legislative Liaison Committee considers beneficial to addressing the educational achievement
205 gap of the state's American Indian and Alaskan Native students.
206 (2) (a) The Native American Legislative Liaison Committee shall submit the proposed
207 state plan as modified by the Native American Legislative Liaison Committee to the Utah State
208 Board of Education.
209 (b) The Utah State Board of Education shall, by majority vote, within 60 days after
210 receipt of the state plan under Subsection (2)(a), adopt, modify, or reject the state plan. If the
211 Utah State Board of Education does not act within 60 days after receipt of the state plan, the
212 state plan is considered adopted by the Utah State Board of Education.
213 (3) The Native American Legislative Liaison Committee may prepare legislation to
214 implement the state plan adopted under this section.
215 Section 8. Section 53A-31-302 is enacted to read:
216 53A-31-302. Changes to state plan.
217 (1) The Native American Legislative Liaison Committee may recommend to the Utah
218 State Board of Education changes to the state plan adopted under Section 53A-31-301 to
219 ensure that the state plan continues to meet the academic needs of the state's American Indian
220 and Alaskan Native students.
221 (2) The Native American Legislative Liaison Committee may recommend to the
222 superintendent that the commission be reconstituted for an 18-month period if the Native
223 American Legislative Liaison Committee determines that a substantial review of the state plan
224 is necessary. If reconstituted under this Subsection (2), the commission shall comply with the
225 requirements of Part 2, Liaison and Commission.
226 Section 9. Effective date.
227 If approved by two-thirds of all the members elected to each house, this bill takes effect
228 upon approval by the governor, or the day following the constitutional time limit of Utah
229 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
230 the date of veto override.
Legislative Review Note
as of 11-20-14 3:26 PM
Office of Legislative Research and General Counsel