S.B. 91 Board of Education Amendments
Bill Sponsor: ![]() Sen. Hillyard, Lyle W. | Floor Sponsor: ![]() Rep. Eliason, Steve |
- Substitute Sponsor: Sen. Hillyard, Lyle W.
- Drafting Attorney: Tracy J. Nuttall
- Fiscal Analyst: Ben Leishman
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Information
- Last Action: 23 Mar 2016, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 10 May 2016
- Session Law Chapter: 232
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Enrolled
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S.B. 91
1 BOARD OF EDUCATION AMENDMENTS
22016 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Lyle W. Hillyard
5House Sponsor: Steve Eliason
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the State Board of Education.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows the State Board of Education to:
13 • enforce Title 53A, State System of Public Education, under certain
14 circumstances ;
15 • audit the use of certain state funds;
16 • require a local education agency to, in certain contracts between a local
17 education agency and a third party contractor, include certain provisions; or
18 • appoint an attorney for certain purposes;
19 ▸ gives rulemaking authority; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-1-401, as last amended by Laws of Utah 2010, Chapter 305
28 53A-1a-503.5, as last amended by Laws of Utah 2014, Chapter 363
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1-401 is amended to read:
32 53A-1-401. Powers of State Board of Education -- Adoption of rules --
33 Enforcement -- Attorney.
34 (1) As used in this section:
35 (a) "Board" means the State Board of Education.
36 (b) "Education entity" means:
37 (i) an entity that receives a distribution of state funds through a grant program managed
38 by the board under this title;
39 (ii) an entity that enters into a contract with the board to provide an educational good or
40 service;
41 (iii) a school district; or
42 (iv) a charter school.
43 (c) "Educational good or service" means a good or service that is required or regulated
44 under:
45 (i) this title; or
46 (ii) a rule authorized under this title.
47 (d) "Local education agency" or "LEA" means:
48 (i) a school district;
49 (ii) a charter school; or
50 (iii) the Utah Schools for the Deaf and the Blind.
51 [(1)] (2) (a) The State Board of Education has general control and supervision of the
52 state's public education system.
53 (b) "General control and supervision" as used in Utah Constitution, Article X, [Sec.]
54 Section 3, [of the Utah Constitution] means directed to the whole system.
55 [(2)] (3) The board may not govern, manage, or operate school districts, institutions,
56 and programs, unless granted that authority by statute.
57 [(3) The board may adopt rules and policies in accordance with its responsibilities
58under the constitution and state laws, and may interrupt disbursements of state aid to any
59district which fails to comply with rules adopted in accordance with this Subsection (3).]
60 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
61 the board may make rules to execute the board's duties and responsibilities under the Utah
62 Constitution and state law.
63 (b) The board may delegate the board's statutory duties and responsibilities to board
64 employees.
65 [(4)] (5) (a) The board may sell any interest it holds in real property upon a finding by
66 the board that the property interest is surplus.
67 (b) The board may use the money it receives from a sale under Subsection [(4)] (5)(a)
68 for capital improvements, equipment, or materials, but not for personnel or ongoing costs.
69 (c) If the property interest under Subsection [(4)] (5)(a) was held for the benefit of an
70 agency or institution administered by the board, the money may only be used for purposes
71 related to the agency or institution.
72 (d) The board shall advise the Legislature of any sale under Subsection [(4)] (5)(a) and
73 related matters during the next following session of the Legislature.
74 [(5)] (6) The board shall develop policies and procedures related to federal educational
75 programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National
76 Education Programs Act.
77 [(6)] (7) On or before December 31, 2010, the State Board of Education shall review
78 mandates or requirements provided for in board rule to determine whether certain mandates or
79 requirements could be waived to remove funding pressures on public schools on a temporary
80 basis.
81 (8) (a) If an education entity violates this title or rules authorized under this title, the
82 board may, in accordance with the rules described in Subsection (8)(c):
83 (i) require the education entity to enter into a corrective action agreement with the
84 board;
85 (ii) temporarily or permanently withhold state funds from the education entity;
86 (iii) require the education entity to pay a penalty; or
87 (iv) require the education entity to reimburse specified state funds to the board.
88 (b) Except for temporarily withheld funds, if the board collects state funds under
89 Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
90 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91 board shall make rules:
92 (i) that require notice and an opportunity to be heard for an education entity affected by
93 a board action described in Subsection (8)(a); and
94 (ii) to administer this Subsection (8).
95 (d) The board shall report criminal conduct of an education entity to the district
96 attorney of the county where the education entity is located.
97 (9) The board may audit the use of state funds by an education entity that receives
98 those state funds as a distribution from the board.
99 (10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
100 Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
101 an educational good or service, the LEA shall require in the contract that the third party
102 contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
103 that the educational good or service complies with:
104 (a) this title; and
105 (b) board rule authorized under this title.
106 (11) (a) The board may appoint an attorney to provide legal advice to the board and
107 coordinate legal affairs for the board and the board's employees.
108 (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
109 Attorney General.
110 (c) An attorney described in Subsection (11)(a) may not:
111 (i) conduct litigation;
112 (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
113 or
114 (iii) issue formal legal opinions.
115 Section 2. Section 53A-1a-503.5 is amended to read:
116 53A-1a-503.5. Status of charter schools.
117 (1) Charter schools are:
118 (a) considered to be public schools within the state's public education system;
119 (b) subject to Subsection 53A-1-401[(3)](8); and
120 (c) governed by independent boards and held accountable to a legally binding written
121 contractual agreement.
122 (2) A charter school may be established by:
123 (a) creating a new school; or
124 (b) converting an existing public school to charter status.
125 (3) A parochial school or home school is not eligible for charter school status.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the State Board of Education.
10 Highlighted Provisions:
11 This bill:
12 ▸ allows the State Board of Education to:
13 • enforce Title 53A, State System of Public Education, under certain
14 circumstances ;
15 • audit the use of certain state funds;
16 • require a local education agency to, in certain contracts between a local
17 education agency and a third party contractor, include certain provisions; or
18 • appoint an attorney for certain purposes;
19 ▸ gives rulemaking authority; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-1-401, as last amended by Laws of Utah 2010, Chapter 305
28 53A-1a-503.5, as last amended by Laws of Utah 2014, Chapter 363
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1-401 is amended to read:
32 53A-1-401. Powers of State Board of Education -- Adoption of rules --
33 Enforcement -- Attorney.
34 (1) As used in this section:
35 (a) "Board" means the State Board of Education.
36 (b) "Education entity" means:
37 (i) an entity that receives a distribution of state funds through a grant program managed
38 by the board under this title;
39 (ii) an entity that enters into a contract with the board to provide an educational good or
40 service;
41 (iii) a school district; or
42 (iv) a charter school.
43 (c) "Educational good or service" means a good or service that is required or regulated
44 under:
45 (i) this title; or
46 (ii) a rule authorized under this title.
47 (d) "Local education agency" or "LEA" means:
48 (i) a school district;
49 (ii) a charter school; or
50 (iii) the Utah Schools for the Deaf and the Blind.
51 [
52 state's public education system.
53 (b) "General control and supervision" as used in Utah Constitution, Article X, [
54 Section 3, [
55 [
56 and programs, unless granted that authority by statute.
57 [
58
59
60 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
61 the board may make rules to execute the board's duties and responsibilities under the Utah
62 Constitution and state law.
63 (b) The board may delegate the board's statutory duties and responsibilities to board
64 employees.
65 [
66 the board that the property interest is surplus.
67 (b) The board may use the money it receives from a sale under Subsection [
68 for capital improvements, equipment, or materials, but not for personnel or ongoing costs.
69 (c) If the property interest under Subsection [
70 agency or institution administered by the board, the money may only be used for purposes
71 related to the agency or institution.
72 (d) The board shall advise the Legislature of any sale under Subsection [
73 related matters during the next following session of the Legislature.
74 [
75 programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National
76 Education Programs Act.
77 [
78 mandates or requirements provided for in board rule to determine whether certain mandates or
79 requirements could be waived to remove funding pressures on public schools on a temporary
80 basis.
81 (8) (a) If an education entity violates this title or rules authorized under this title, the
82 board may, in accordance with the rules described in Subsection (8)(c):
83 (i) require the education entity to enter into a corrective action agreement with the
84 board;
85 (ii) temporarily or permanently withhold state funds from the education entity;
86 (iii) require the education entity to pay a penalty; or
87 (iv) require the education entity to reimburse specified state funds to the board.
88 (b) Except for temporarily withheld funds, if the board collects state funds under
89 Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
90 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91 board shall make rules:
92 (i) that require notice and an opportunity to be heard for an education entity affected by
93 a board action described in Subsection (8)(a); and
94 (ii) to administer this Subsection (8).
95 (d) The board shall report criminal conduct of an education entity to the district
96 attorney of the county where the education entity is located.
97 (9) The board may audit the use of state funds by an education entity that receives
98 those state funds as a distribution from the board.
99 (10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
100 Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
101 an educational good or service, the LEA shall require in the contract that the third party
102 contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
103 that the educational good or service complies with:
104 (a) this title; and
105 (b) board rule authorized under this title.
106 (11) (a) The board may appoint an attorney to provide legal advice to the board and
107 coordinate legal affairs for the board and the board's employees.
108 (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
109 Attorney General.
110 (c) An attorney described in Subsection (11)(a) may not:
111 (i) conduct litigation;
112 (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
113 or
114 (iii) issue formal legal opinions.
115 Section 2. Section 53A-1a-503.5 is amended to read:
116 53A-1a-503.5. Status of charter schools.
117 (1) Charter schools are:
118 (a) considered to be public schools within the state's public education system;
119 (b) subject to Subsection 53A-1-401[
120 (c) governed by independent boards and held accountable to a legally binding written
121 contractual agreement.
122 (2) A charter school may be established by:
123 (a) creating a new school; or
124 (b) converting an existing public school to charter status.
125 (3) A parochial school or home school is not eligible for charter school status.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/25/2016 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/25/2016 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/26/2016 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
1/26/2016 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
1/28/2016 | Senate/ received fiscal note from Fiscal Analyst | Senate Rules Committee | |
1/28/2016 | Senate/ to standing committee | Senate Education Committee | |
1/29/2016 | Senate Comm - Not Considered | Senate Education Committee | |
2/2/2016 | Senate/ to Printing with fiscal note | Senate Education Committee | |
2/2/2016 | Senate Comm - Substitute Recommendation | Senate Education Committee | |
2/2/2016 | Senate Comm - Amendment Recommendation | Senate Education Committee | |
2/2/2016 | Senate Comm - Favorable Recommendation | Senate Education Committee | 4 3 1 |
2/2/2016 | Bill Substituted by Standing Committee | Senate Education Committee | |
2/3/2016 | Senate/ received fiscal note from Fiscal Analyst | Senate Education Committee | |
2/3/2016 (11:14:33 AM) | Senate/ comm rpt/ substituted/ amended | Senate Education Committee | |
2/3/2016 (11:14:34 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/8/2016 | LFA/ bill sent to agencies for fiscal input | Senate 2nd Reading Calendar | |
2/9/2016 | Senate/ to Printing with fiscal note | Senate 2nd Reading Calendar | |
2/18/2016 (11:27:03 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/18/2016 (11:28:51 AM) | Senate/ substituted from # 1 to # 2 | Senate 2nd Reading Calendar | Voice vote |
2/18/2016 (11:29:13 AM) | Senate/ floor amendment # 1 | Senate 2nd Reading Calendar | Voice vote |
2/18/2016 (11:41:27 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 25 1 3 |
2/18/2016 | Senate/ received fiscal note from Fiscal Analyst | Senate 3rd Reading Calendar | |
2/22/2016 (11:02:33 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/22/2016 (11:05:39 AM) | Senate/ passed 3rd reading | Clerk of the House | 24 0 5 |
2/22/2016 (11:05:40 AM) | Senate/ to House | Clerk of the House | |
2/22/2016 | House/ received from Senate | Clerk of the House | |
2/22/2016 | House/ 1st reading (Introduced) | House Rules Committee | |
2/23/2016 | House/ to standing committee | House Education Committee | |
3/2/2016 | House Comm - Not Considered | House Education Committee | |
3/3/2016 | House Comm - Favorable Recommendation | House Education Committee | 10 1 3 |
3/4/2016 (11:01:04 AM) | House/ committee report favorable | House Education Committee | |
3/4/2016 (11:01:05 AM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
3/8/2016 (2:19:20 PM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/8/2016 (2:32:34 PM) | House/ passed 3rd reading | House Speaker | 64 4 7 |
3/8/2016 (2:32:35 PM) | House/ signed by Speaker/ returned to Senate | Senate President | |
3/8/2016 (2:32:36 PM) | House/ to Senate | Senate President | |
3/9/2016 | Senate/ received from House | Senate President | |
3/9/2016 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/9/2016 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/15/2016 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/15/2016 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/15/2016 | Senate/ enrolled bill to Printing | Senate Secretary | |
3/16/2016 | Senate/ received enrolled bill from Printing | Senate Secretary | |
3/16/2016 | Senate/ to Governor | Executive Branch - Governor | |
3/23/2016 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings