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. USOE guides its services by the following mission: 'The mission of the Utah State Office of Education is to facilitate high levels of student achievement and educator quality and to assist schools in their drive toward excellence, through statewide services, leadership, and accountability.' In addition to its mission, USOE continues to develop a strategic plan outlining its role as Utah's education authority.

The State Board of Education appoints a State Superintendent of Public Instruction to act as the executive officer of the Board and the Superintendent serves at the pleasure 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. USOE sections include: Student Achievement and School Success; Business Services; Data, Assessment and Accountability; and Law, Legislation and Educational Services. Prior to FY 2009, the State Office of Education operated two internal service funds (ISFs)--State Board of Education ISF and Superintendent Indirect Cost Pool--that were used to support USOE's internal operations. The Indirect Cost Pool is still in operation, however, the State Board ISF, mainly used for print and mail services by the Board, was dissolved as part of streamlining state print and mail operations.

Statutory Authority

Unlike other state agencies, the state office of education does not have specific statutory language creating the office. Specifically, no language in statute states something to the effect of: 'There is created a State Office of Education.' 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.

Intent Language

Special Funds

The State Office of Education receives revenue from four restricted sources. Funds received from the General Fund-Substance Abuse Prevention account supports 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. 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. The account is used for the School LAND Trust Program. The General Fund Restricted-Land Exchange Distribution Account was created out of 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

Although the total State Office of Education budget is $273 million, the actual operating budget of USOE is significantly less. Of the total revenue in FY 2009, nearly 86 percent was passed on to the local school districts and charter schools. The remaining 14 percent funded operations of the USOE.

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 83 percent of the USOE budget in FY 2009.

Program: Board of Education - Operations

Function

The State Board of Education directs education policy and makes rules governing education administration. The Board has three standing committees: Curriculum and Instruction; Law and Policy; and Finance. The board also has an audit committee that meets as needed.

Eighteen Board members make up the Utah State Board of Education. Fifteen members represent electoral districts, and two members are appointed by the State Board of Regents as non-voting members of the Board, and one representative of the Coalition of Minorities Advisory Committee. The State Board of Education has three full-time staff positions, including an administrative assistant and two internal auditors. The budget presented below provides for board members' per diem, travel and other related expenses, as well as board member and staff salaries.

In its Vision and Mission Statement, the Board identified four education goals. These goals are:

1. Continue to actively advocate for increased funding to provide quality education for all children and meet the demands of growing enrollment.
2. Promote the achievement of high standards of learning for each child, partnering with family, educators, and community.
3. Ensure an adequate supply of quality teachers for all Utah children.
4. Improve the English proficiency and academic achievement of Utah's ESL students.

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 20-14-101 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 three full time staff, which was increased to 3.0 FTEs in FY 2009 from the two previously approved in FY 2008.

In FY 2005, the State Charter School Board was part of the Utah State Office of Education line-item. The federal funds in FY 2005 were received by the State Charter School Board. Further for FY 2005, two of the four FTEs in the chart below supported the State Charter School Board. These FTEs were transferred to the newly created State Charter School Board line-item in FY 2006. Only a small portion of Uniform School Fund revenues supported these positions. The majority of revenue supporting these two FTEs came from federal funds.

Program: Student Achievement

Function

The Student Achievement and School Success (SASS) division provides leadership and support to local school districts, regional service centers, public and private schools, post-secondary educational instructors, parents, teachers, and educational agencies. It accounts for approximately eighty-five percent of the total Utah State Office of Education budget.

The SASS division contains the following sections:

Curriculum and Instruction - This section 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 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 - This section oversees the statewide testing and evaluation of students. It 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

The SASS division 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, Student Achievement and School Success functions.

• 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

The Student Achievement and School Success division 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 section budget. Revenue from the Uniform School 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.

In FY 2001, USOE began a significant organizational restructure which combined several programs into the new SASS. For example, prior to FY 2001 Applied Technology Education was a separate division. Federal funds began to increase dramatically from FY 2001 to FY 2002. The State received large federal fund boosts in FY 2002 and FY 2003. Unlike the Uniform School Fund increase, the federal funds have not remained as stable. Implementation of the federal No Child Left Behind program largely explains the dramatic increases in federal revenue.

The majority of SASS revenue is passed through to local school districts. The pass through expenditure strongly correlates with the federal fund revenue received by the agency. Nearly 87 percent of the SASS budget was passed through to local districts in FY 2009, leaving approximately 13 percent to fund division operations.

The table below provides further detail for the SASS division. The five-year history shows a couple of funding irregularities primarily in the state and federal revenue sources.

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, accounting, computer services, and Human Resources.

The following sections are contained within Data and Business Services: Computer Services, Human Resource Management, Internal Accounting and School Finance and Statistics.

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, and statistical information. Fund allocation, tracking, and reporting constitute the majority of division activities. 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 Uniform School 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.

The table below details the division budget for the past 5 years. It shows that nearly half of the revenue supporting the Data and Business Services division gets passed through to the local education agencies.

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, though Educator Licensing is part of a separate line-item from the division itself (see section on Educator Licensing and the Utah Professional Practices Restricted Subfund).

The division handles teacher licensing, teacher preparation program approval, legal consultation and support, educational equity and training, and fostering the State Strategic Plan within USOE and local school districts.

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

Law, Legislation and Education Services, receives restricted Uniform School Funds from the Professional Practices Restricted Subfund. Fees paid by educators to be licensed in Utah under UCA 53A-6-105 are deposited into the Professional Practices Restricted account. Funding generated through licensing fees supports the operations of processing educator licenses and the Utah Professional Practices Advisory Commission.

In FY 2008, the Educator Licensing division of the USOE was moved into its own line-item. This move requires the division to operate entirely from fee revenue and prohibits the USOE from supplementing the operations of the program with state 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

Similar to the other USOE operating divisions, Law, Legislation and Education Services receives the majority of its revenue from the federal government. Federal grant program revenue such as the Title Programs, Safe and Drug Free Schools, and Teacher Quality are received by the program. The division receives a significant portion of its revenue from Dedicated Credits. The Driver Education Fee assessed when motor vehicles are registered represents the majority of dedicated credits generated by the division. The division also collects fees for educator background checks when a new teacher applies for a license, and out-of-state student fees for the Electronic High School. The remaining division revenue comes from the Uniform School Fund, Federal Mineral Lease, and other small sources.

The table below details a five-year history of the division. During the USOE organizational restructure mentioned above, the division was created out of several smaller divisions.

In FY 2004, USOE shifted some significant federal grant programs to the division resulting in the sharp increase of federal revenue. The FY 2005 figures have been adjusted to reflect the changes made by the state office.