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S.B. 114

             1     

STRATEGIC PLANNING FOR EDUCATIONAL

             2     
EXCELLENCE AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Lyle W. Hillyard

             6      AN ACT RELATING TO EDUCATION; PROVIDING A STRATEGIC PLANNING PROCESS
             7      FOR PUBLIC AND HIGHER EDUCATION; MODIFYING THE DUTIES AND POWERS OF
             8      THE STRATEGIC PLANNING TASK FORCE IN RELATION TO ITS INVOLVEMENT WITH
             9      PUBLIC AND HIGHER EDUCATION STRATEGIC PLANNING; PROVIDING THAT IT
             10      MEET ON A QUARTERLY BASIS; MAKING STAFFING CHANGES; MAKING CERTAIN
             11      TECHNICAL CHANGES; APPROPRIATING $29,000 FROM THE GENERAL FUND; AND
             12      PROVIDING AN EFFECTIVE DATE.
             13      This act affects sections of Utah Code Annotated 1953 as follows:
             14      AMENDS:
             15          53A-1a-201, as last amended by Chapter 53, Laws of Utah 1995
             16          53A-1a-202, as last amended by Chapter 53, Laws of Utah 1995
             17          53A-1a-203, as enacted by Chapter 46, Laws of Utah 1992
             18      REPEALS AND REENACTS:
             19          53A-1a-102 (Repealed 06/30/02), as last amended by Chapter 61, Laws of Utah 1996
             20      Be it enacted by the Legislature of the state of Utah:
             21          Section 1. Section 53A-1a-102 (Repealed 06/30/02) is repealed and reenacted to read:
             22          53A-1a-102 (Repealed 06/30/02). Education Strategic Plans -- Content -- Involvement
             23      of Strategic Planning Committee for Public and Higher Education.
             24          (1) The State Board of Education and State Board of Regents shall:
             25          (a) have ongoing strategic planning for their respective education systems; and
             26          (b) prepare a written strategic plan for their respective systems every three years.
             27          (2) (a) The State Board of Regents shall complete its first written plan by September 1,


             28      1999, and complete subsequent plans by September 1 in each third year.
             29          (b) The State Board of Education shall complete its first written plan by September 1,
             30      2000, and complete subsequent plans by September 1 in each third year.
             31          (3) The boards shall submit a copy of each written plan in the appropriate year to the
             32      Strategic Planning for Public and Higher Education Committee and the committee shall submit
             33      a copy of each plan to the Legislature as part of its annual report required under Section
             34      53A-1a-202 .
             35          (4) Each strategic plan shall include at least the following components:
             36          (a) the respective education system's mission;
             37          (b) system goals that address issues critical for accomplishing the mission;
             38          (c) the objectives to be accomplished during the years following submission of the
             39      strategic plan;
             40          (d) action plans specifying the means of accomplishing the goals and objectives, including
             41      proposed statutes, policies, programs, and initiatives; and
             42          (e) performance measures required to report on the accomplishment of goals and
             43      objectives and the implementation and outcomes of action plans.
             44          Section 2. Section 53A-1a-201 is amended to read:
             45           53A-1a-201. Strategic Planning for Public and Higher Education Committee --
             46      Membership -- Quorum -- Termination date.
             47          (1) There is created a [Task Force on] Strategic Planning for Public and Higher Education
             48      Committee.
             49          (2) The [task force] committee shall consist of the following members:
             50          (a) three members [shall be state senators] of the Senate appointed by the president of the
             51      Senate, no more than two of whom may be from the same political party;
             52          (b) three members [shall be state representatives] of the House of Representatives
             53      appointed by the speaker of the House of Representatives, no more than two of whom may be from
             54      the same political party;
             55          (c) [one member shall be the governor or] the governor's designee;
             56          (d) one member shall be the state superintendent of public instruction or the
             57      superintendent's designee;
             58          (e) one member shall be the commissioner of higher education or the commissioner's


             59      designee;
             60          (f) one member shall be a member of the State Board of Education appointed by the
             61      governor in consultation with the board;
             62          (g) one member shall be a member of the State Board of Regents appointed by the
             63      governor in consultation with the board; and
             64          (h) 14 members[, who shall be] appointed jointly by the governor, the state superintendent
             65      of public instruction, and the commissioner of higher education.
             66          (3) The 14 members appointed under Subsection (2)(h) shall be men and women who:
             67          (a) are representative of the interests of public and higher education;
             68          (b) are selected from nominees submitted by community-based organizations of
             69      demonstrated effectiveness and other nominees, such as teachers and faculty, school
             70      administrators, and local school or institutional board members; and
             71          (c) reflect or represent:
             72          (i) diverse racial, ethnic, limited English proficiency, Indian tribe, and national origin
             73      backgrounds that are found in the state's student population;
             74          (ii) low-income families;
             75          (iii) persons with disabilities; and
             76          (iv) business and labor.
             77          (4) (a) The president of the Senate shall designate a Senate cochair for the [task force]
             78      committee.
             79          (b) The speaker of the House of Representatives shall designate a House cochair for the
             80      [task force] committee.
             81          (5) If a member cannot continue to serve on the [task force] committee for any reason, a
             82      replacement shall be chosen by the authority that made the original appointment.
             83          (6) A majority of the [task force] committee is a quorum for the transaction of business.
             84          (7) (a) The [task force] committee may create public education and higher education
             85      subcommittees to focus on specific issues within their respective systems as well as on issues that
             86      overlap both systems.
             87          (b) The [task force] committee members who serve on a subcommittee may, by majority
             88      vote, expand the membership of the subcommittee but not the membership of the [task force]
             89      committee.


             90          (c) Those invited to serve on a subcommittee who are not members of the [task force]
             91      committee shall serve without compensation.
             92          (8) The [task force] committee shall terminate on June 30, 2002, unless reauthorized by
             93      the Legislature.
             94          Section 3. Section 53A-1a-202 is amended to read:
             95           53A-1a-202. Committee duties and powers.
             96          (1) The [task force] committee shall:
             97          [(a) engage in strategic planning for the state's systems of public and higher education;]
             98          [(b) monitor and evaluate the progress of public and higher education in achieving the
             99      objectives outlined in this chapter and in the state's strategic plan for public and higher education;]
             100          [(c) study and review funding mechanisms and available resources required to accomplish
             101      the mission and objectives of the state's strategic plan for public and higher education; and]
             102          [(d) work with the Utah Tomorrow Strategic Planning Committee to coordinate planning
             103      efforts for public and higher education.]
             104          [(2) The task force may recommend new mechanisms or programs or suggest
             105      modifications in existing programs in order to provide additional revenues or resources to either
             106      or both education systems.]
             107          (a) receive the required written strategic plans of the Board of Education and Board of
             108      Regents every three years and any proposed changes to the mission, goals, objectives, and action
             109      plans on an annual basis prior to September 1 of each year;
             110          (b) conduct an in depth analysis of the goals, objectives, and action plans and the relevance
             111      of the plans to the needs of the state and its citizens;
             112          (c) monitor and evaluate the ongoing progress of both education systems in implementing
             113      their respective plans and achieving intended outcomes, and may request reports or data from both
             114      boards and the Joint Liaison Committee, as needed, to accomplish its monitoring, evaluation,
             115      recommendation, and reporting responsibilities;
             116          (d) identify issues of critical concern to the Legislature and other stakeholders of public
             117      and higher education not addressed in each system's strategic plan; and
             118          (e) work with other public and private entities engaged in strategic planning to coordinate
             119      their efforts with those of the committee.
             120          [(3) (a)] (2) The [task force] committee shall make an annual report to the Legislature[,


             121      the governor, the State Board of Education, and the State Board of Regents on its evaluation of
             122      strategic planning in public and higher education and the programs authorized in this chapter. (b)
             123      As part of its report, the task force may make recommendations for any necessary changes or
             124      modifications in this chapter and in the state's strategic plan for public and higher education.]
             125      through the Executive Appropriations Committee and the Education Interim Committee of its
             126      activities, to include an evaluation of the adequacy of each system's strategic plan, the progress in
             127      its implementation, and its outcomes.
             128          (3) The committee may recommend to the Legislature:
             129          (a) any strategic issues it considers appropriate for public and higher education to consider
             130      in their ongoing strategic planning process; and
             131          (b) any statute, policy, intent statement, program, or funding that it determines to be
             132      appropriate for the Legislature to consider in implementing each system's strategic plan.
             133          (4) The committee shall meet on a quarterly basis to carry out its assigned duties and
             134      responsibilities.
             135          Section 4. Section 53A-1a-203 is amended to read:
             136           53A-1a-203. Compensation for members -- Staff.
             137          (1) Nonlegislative [task force] committee members shall serve without compensation, but
             138      they may be reimbursed for expenses and mileage as established by the Division of Finance.
             139          (2) Legislative [task force] committee members shall be reimbursed as provided by
             140      legislative rule.
             141          (3) (a) The Office of [the Legislative Fiscal Analyst] Legislative Research and General
             142      counsel shall provide staff and support services to the [task force] committee.
             143          (b) The [office] Office of Legislative Research and General counsel may contract with
             144      other persons to provide services to the [task force] committee.
             145          Section 5. Appropriation.
             146          Except as provided in H.B. 4, Appropriations Coordination Act, there is appropriated from
             147      the General Fund for fiscal year 1999-2000:
             148          (1) $2,000 to the Senate to pay for the compensation and expenses of senators on the
             149      committee;
             150          (2) $2,000 to the House of Representative to pay for the compensation and expenses of
             151      representatives on the committee; and


             152          (3) $25,000 to the Office of Legislative Research and General Counsel to pay for staffing
             153      the committee.
             154          Section 6. Effective date.
             155          This act takes effect on July 1, 1999.




Legislative Review Note
    as of 1-22-99 10:10 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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