Title 53A Chapter 1 Section 401

State System of Public Education
Administration of Public Education at the State Level
Section 401
Powers of State Board of Education -- Adoption of rules -- Enforcement.


53A-1-401.   Powers of State Board of Education -- Adoption of rules -- Enforcement.

            (1) (a) The State Board of Education has general control and supervision of the state's public education system.

            (b) "General control and supervision" as used in Article X, Sec. 3, of the Utah Constitution means directed to the whole system.

            (2) The board may not govern, manage, or operate school districts, institutions, and programs, unless granted that authority by statute.

            (3) The board may adopt rules and policies in accordance with its responsibilities under the constitution and state laws, and may interrupt disbursements of state aid to any district which fails to comply with rules adopted in accordance with this Subsection (3).

            (4) (a) The board may sell any interest it holds in real property upon a finding by the board that the property interest is surplus.

            (b) The board may use the money it receives from a sale under Subsection (4)(a) for capital improvements, equipment, or materials, but not for personnel or ongoing costs.

            (c) If the property interest under Subsection (4)(a) was held for the benefit of an agency or institution administered by the board, the money may only be used for purposes related to the agency or institution.

            (d) The board shall advise the Legislature of any sale under Subsection (4)(a) and related matters during the next following session of the Legislature.

            (5) The board shall develop policies and procedures related to federal educational programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.

            (6) On or before December 31, 2010, the State Board of Education shall review mandates or requirements provided for in board rule to determine whether certain mandates or requirements could be waived to remove funding pressures on public schools on a temporary basis.

Amended by Chapter 305, 2010 General Session