Agency: State Board of Education

Line Item: State Office of Education

Function

The Utah State Office of Education (USOE) functions as support staff to the State Board of Education and the State Superintendent of Public Instruction. The USOE provides information and direction relating to public education policy, procedure and program implementation. Staff at USOE provides statewide service, support and direction to local school districts and charter schools.

The State Board of Education appoints a State Superintendent of Public Instruction to act as the executive officer of the Board. The Superintendent administers all programs assigned to the State Board of Education. Specifically, the Superintendent acts as the chief liaison with the Legislature and state and federal agencies, creates a strategic plan for Utah's public education system, coordinates between the State Board of Education and the State Charter School Board, works with higher education to create a seamless education system, and provides final approval of policy and budget matters.

In addition to the State Board of Education and the State Superintendent, the state office of education houses several operating sections whose work maintains the state administration of public education. For budgeting purposes, the USOE line-item is divided into four sub-sections, which are:

• State Board of Education - Administration;

• Student Achievement;

• Data & Business Services; and

• Law, Legislation and Educational Services.

Statutory Authority

Unlike other state agencies, the state office of education does not have specific statutory language creating the office. However, state level administration of the public education system is detailed throughout statute. Many statutes refer to the state office of education, require the state office to provide reports, specifically direct USOE functions, or provide for USOE administration of certain education programs.

The state level education administration statutes can be found in UCA Title 53A, Chapter 1. Each subsequent Statutory Authority section in this chapter provides highlights of major statutes detailing office functions or specific programs contained in the given USOE Section.

The appointment, duties, and responsibilities of the State Superintendent can be found in the following statutes:

• UCA 53A-1-301 - Provides guidelines for the appointment of the State Superintendent of Public Instruction and outlines the qualifications and duties of the Superintendent.

• UCA 53A-1-303 - Directs the State Superintendent to give advice and provide opinions to local school boards, superintendents, and other school officers on public education matters.

Special Funds

The State Office of Education receives revenue from four restricted sources.

• Funds received from the General Fund-Substance Abuse Prevention account support substance abuse prevention and education programs in the schools.

• The Uniform School Fund-Professional Practices restricted revenue supports the processing of teacher licenses and the Utah Professional Practices Advisory Commission (now done in the Educator Licensing line-item).

• The Uniform School Fund-Interest and Dividends revenue comes from the investment of monies in the permanent State School Fund and any interest on account monies. Funds from this account are used at USOE to administer the School LAND Trust Program. The majority of funds from this account are distributed to school districts and charter schools through the Minimum School Program.

• The General Fund Restricted-Land Exchange Distribution Account was created by House Bill 134 from the 2007 General Session. According to statute, monies are set aside for "education research and experimentation in the use of staff and facilities designed to improve the quality of education in Utah."

Funding Detail

Of the total revenue in FY 2011 of $373 million, approximately 13% funded USOE operations and the remaining 87% was passed on to local school districts, charter schools, or other education entities.

The USOE acts as the fiscal agent for most federal support programs and grants administered by the U.S. Department of Education. The federal funding that supports education programs at the local level flows through the USOE. Federal funds made up about 91 percent of the USOE budget in FY 2011.

Program: Board of Education - Administration

Function

The State Board of Education directs education policy and makes rules governing education administration. The Board has four standing committees: Data Assessment and Accountability; Standards, Curriculum, and Student Success; Instruction, Support, and Technology; and Audit. The Board also oversees three subcommittees that meet as needed: Charter Schools, Utah School for the Deaf and Blind, and Communications.

The Utah State Board of Education is made up of fifteen members representing electoral districts, two non-voting members appointed by the State Board of Regents, and several non-voting advisory members representing various organizations. A total of four full-time equivalent staff positions are budgeted as part of the State Board of Education - Administration program. These positions include the Secretary to the State Board, two internal auditors, and an administrative assistant position. The budget presented in this section provides for board members' per diem, travel and other related expenses, as well as board member and staff salaries.

Statutory Authority

Article 10, Section 3 of the Utah Constitution establishes the State Board.

• Utah State Constitution Article X, Section 3 - In addition to vesting the 'general control and supervision' of public education in the State Board, this section directs that the membership and election of board members be directed by statute and provides for the appointment of the State Superintendent of Public Instruction.

The following statutes detail specific functions of the State Board:

• UCA 20A-14-101 et. seq. - Provides the statutory requirements for the nomination and election of the State Board of Education, provides the official boundary maps, and details how Board vacancies are handled.

• UCA 53A-1-101 - Details the members of the State Board of Education as provided in UCA 20-14-101. In addition to the 15 State Board members, statute provides for two non-voting members to represent the State Board of Regents.

• UCA 53A-1-201 et. seq. - Sections 201-204 provide for the operations of the Board. This statute provides for board member removal, compensation, insurance, quorum requirements, etc.

• UCA 53A-1-401 - Defines the powers of the State Board of Education as well as defines 'general control and supervision' as used in Article X, Section 3, of the Utah State Constitution.

• UCA 53A-1-402 - Requires the State Board of Education to establish minimum standards for Utah's public schools.

Funding Detail

The budget detailed below provides for Board member per diem, travel, and other expenses incurred while performing board duties. The budget also includes the salaries and benefits for the Board's four full time staff.

The FY 2010 actual nonlapsing of $6,825,500 does not match the FY 2011 beginning nonlapsing of $4,958,700 because funds are closed at the Board level, but beginning balances are shown in the program where expenditures are anticipated.

Program: Student Achievement

Function

The Student Achievement division provides leadership and support to local school districts & charter schools, regional service centers, public and private schools, post-secondary educational instructors, parents, teachers, and educational agencies. In FY 2011, it accounted for approximately 98% of the total Utah State Office of Education budget, largely due to an influx of ARRA funds and movement across the line-item during budget reductions.

The work of the division is focused on the following major issue areas:

Curriculum and Instruction - assists districts with individual subject planning and curriculum development. It defines, develops, disseminates, and implements core curriculum standards and other curriculum requirements of the State Board or the Legislature.

Career and Technical Education (CTE) - provides leadership and assistance to school districts and Applied Technology Colleges regarding secondary vocational education. It develops curricula for secondary CTE programs and works with local employers to ensure training is relevant to employer needs. CTE works with the Utah College of Applied Technology in administering CTE to high school students.

Evaluation and Assessment - oversees the statewide testing and evaluation of students, develops standardized tests, provides training to district testing directors, and supervises the evaluation of standardized tests. This section administers Utah Performance Assessment System for Students (U-PASS), the state's assessment and accountability system and its components.

Services for at Risk Students - administers targeted statewide programs for students that require additional services in order to succeed. Major programs include Special Education, Alternative Language Services, Dropout Prevention, Youth in Custody, and Homeless Education.

No Child Left Behind (NCLB) - The federal No Child Left Behind Act of 2001 revised the Elementary and Secondary Education Act with the goal to provide all school children with the opportunity to achieve academic success. The Act indicates the following four principles: accountability for results, expanded state and local flexibility, expanded choices for parents, and focusing resources on proven educational methods, particularly in reading instruction.

Statutory Authority

Student Achievement directly oversees many of the major initiatives passed by the Legislature or the federal government. The two largest initiatives include U-PASS and the federal No Child Left Behind Act. The following statutory references detail, in part, functions of the division.

• UCA 53A-1-402 - Requires the State Board of Education to establish minimum standards for Utah's public schools.

• UCA 53A-1-402.6 - Directs the State Board to establish a core curriculum, define minimum standards related to curriculum and instruction requirements, and identify basic skills and competency requirements of students.

• UCA 53A-1-601 et. seq. - Sections 601-611 provides guidelines for the creation, implementation, and oversight of U-PASS.

• UCA 53A-13-101 et. seq. - Sections 101-109 provide statutory requirements for specific items as they relate to the core curriculum. Some examples include: maintaining constitutional freedom in the public schools; expressions of belief; civic and character education.

• UCA 53A-13-201 et. seq. - Sections 201-209 establish and define the Driver's Education Program in the schools.

• UCA 53A-17a-113 - Appropriates funding for and defines what applied technology programs may receive funding.

Special Funds

Student Achievement receives General Fund Restricted revenue. The GFR-Substance Abuse Prevention Account is defined in UCA 63-63a-5. Statute provides that 2.5% of the account (not to exceed Legislative appropriation) be allocated to the State Office of Education. Funding provides programs in the public schools with support for the following areas: substance abuse prevention and education; substance abuse prevention training for teachers and administrators; and district and school programs to supplement existing local prevention efforts in cooperation with local substance abuse authorities.

Funding Detail

Division revenue comes primarily from the federal government, accounting for approximately 93 percent of the budget. Revenue from the Education Fund provides for the majority of division operating expenses. The division receives General Fund Restricted revenue (detailed in the Special Funding section), Federal Mineral Lease Revenue, and Dedicated Credits Revenue. The Utah Education Network (UEN) provides funding for personnel and services for technology training at the USOE. In addition to the funding sources mentioned above, the division is also funded from Dedicated Credits through private grants, grants from other state agencies, funds for the Safe and Drug Free Schools program, and vocational education.

The majority of revenue is passed through to local school districts and charter schools. The pass through expenditure strongly correlates with the federal fund revenue received by the agency. Approximately 92% of the budget was passed through to local entities in FY 2011, leaving about 8% to fund division operations.

The FY 2010 actual nonlapsing amount of $737,200 does not match the FY 2011 beginning nonlapsing of $7,217,800 because funds are closed at the Board level, but beginning balances are shown in the program where expenditures are anticipated.

Program: Data and Business Services

Function

The Division of Data and Business Services is responsible for providing the State Office of Education, school districts and charter schools with support in the areas of finance & statistics, internal accounting, computer services, and human resources.

Statutory Authority

As with all the USOE divisions, Data and Business Services is not defined in statute. As stated above, the division is responsible for accounting, allocation of funds, statistical information, fund allocation, tracking, and reporting. The following statutory references detail programs which prescribe fund allocation, annual reports, or statistical estimations that are done by the section.

• UCA 53A-1-301 - Requires the Superintendent to provide a complete statement of fund balances; a complete statement of state funds allocated to each of the school districts; items such as fall enrollments, average daily membership, high school graduates, licensed and classified employees, pupil-teacher ratios, class sizes, average salaries; requires all school districts to comply with data collection and management procedures; and with the approval of the board, prepare and submit to the governor a budget for the board to be included in the budget that the governor submits to the Legislature.

• UCA 53A-16-101.5 - Provides fund allocation and reporting requirements for the State Board of Education in relation to the School LAND Trust Program.

• UCA 53A-17-101 et. seq. - Chapter 17a 'Minimum School Program' requires the State Board of Education to administer MSP programs.

Special Funds

The General Fund Restricted--Land Exchange Distribution Account was created out of legislation (House Bill 134) during the 2007 General Session. The account was created to collect the state's portion of Mineral Lease funds on former federal lands that are now school trust lands. These funds are then distributed to the various entities in amounts determined by statutory formula. The State Board of Education receives 1.68 percent of all deposits made to the General Fund restricted account, "Land Exchange Distribution Account". According to statute, funds received by the Board of Education are to be used for "education research and experimentation in the use of staff and facilities designed to improve the quality of education in Utah." The Legislature must appropriate these funds to the Board of Education each year before they can be transferred by the Division of Finance.

Funding Detail

The Education Fund provides the majority of revenue for division operations. Revenue from the federal government fluctuates as grants or programs are obtained or expire. Dedicated credits, generated through billings to the school districts, comprise the remaining revenue that supports the Data and Business Services division. School districts purchase computer programming, software, and other services to support their accounting and student information systems. The billings cover the related IT costs at USOE.

Program: Law, Legislation and Educational Services

Function

The Law, Legislation and Educational Services division provides leadership and support for local school districts, educators, and other education institutions. It combines Educational Equity, Educator Licensing, the Electronic High School, Government and Legislative Relations, Planning and Education Programs, the Utah Education Network, and Public Relations into one division. The budget for Educator Licensing is part of a separate line-item (see section on Educator Licensing).

Statutory Authority

The major statutes referring to functions of Law, Legislation and Education Services deal with educator licensing, evaluation, and standards. The following statutes detail some of the requirements overseen by the division:

• UCA 53A-1-402.5 - Directs the Board of Education to establish basic ethical conduct standards for public education employees.

• UCA 53A-6-101 et. seq. - Sections 101-702 Details the Utah Educator Licensing and Professional Practices Act. This chapter provides licensing requirements for educators, provides teacher classifications, teaching contracts, disciplinary action, etc.

• UCA 53A-10-101 et. seq. - Sections 101-111 Provides statutory provisions for educator evaluation.

Special Funds

The Uniform School Fund Restricted--Interest and Dividends Account contains funds "derived from the investment of monies in the Permanent State School Fund". Interest on account monies is deposited in the account and upon appropriation by the Legislature, "monies from the Interest and Dividends Account shall be used for the School LAND Trust Program". Any remaining balances may be appropriated by the Legislature for "support of the public education system".

Funding Detail

The FY 2010 actual nonlapsing of $4,798,100 does not match the FY 2011 beginning nonlapsing because of accounting changes:

• Licensure changed from the Law, Legislation, and Educational Services program to the Teaching and Learning program; thus, drivers education credits were transferred to Teaching and Learning;

• Federal Mineral Lease was accounted for in the Board program in FY 2010 and was changed to Law, Legislation, and Educational Services in FY 2011.