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H.B. 34
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6 This act establishes a new applied technology education governance structure for Utah. This
7 act establishes applied technology education regions in Utah, establishes their governance
8 structure, and defines the powers and duties of region boards and superintendents. This act
9 establishes a Joint Applied Technology Education Council, establishes its membership and
10 meeting requirements, and defines the powers and duties of the council. This act also makes
11 technical and conforming changes to other sections of the Utah Code to make those sections
12 consistent and in conformity with the substantive provisions of this act. This act includes
13 uncodified language that provides funding guidelines to the Legislature. This act takes effect
14 July 1, 2001.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 53A-15-202, as last amended by Chapter 53, Laws of Utah 1992
18 ENACTS:
19 53D-1-101, Utah Code Annotated 1953
20 53D-1-102, Utah Code Annotated 1953
21 53D-2-101, Utah Code Annotated 1953
22 53D-2-102, Utah Code Annotated 1953
23 53D-2-103, Utah Code Annotated 1953
24 53D-2-104, Utah Code Annotated 1953
25 53D-3-201, Utah Code Annotated 1953
26 53D-3-301, Utah Code Annotated 1953
27 REPEALS:
28 53A-1-501, as last amended by Chapter 28, Laws of Utah 1997
29 53A-1-502, as last amended by Chapters 28 and 375, Laws of Utah 1997
30 53A-15-202.5, as enacted by Chapter 35, Laws of Utah 1999
31 53A-15-203, as last amended by Chapter 53, Laws of Utah 1992
32 This act enacts uncodified material.
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-15-202 is amended to read:
35 53A-15-202. Powers of the board.
36 The State Board for Applied Technology Education:
37 (1) shall establish minimum standards for applied technology programs in the public
38 education system;
39 (2) may apply for, receive, administer, and distribute funds made available through
40 programs of federal and state governments to promote and aid applied technology education;
41 (3) shall cooperate with federal and state governments to administer programs which
42 promote and maintain applied technology education;
43 (4) shall appoint staff and establish their duties;
44 (5) shall fix staff compensation and pay their expenses from funds appropriated for this
45 purpose; and
46 (6) shall perform other duties as required by law.
47 Section 2. Section 53D-1-101 is enacted to read:
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50 53D-1-101. Title.
51 This title is known as the "Applied Technology Education Code."
52 Section 3. Section 53D-1-102 is enacted to read:
53 53D-1-102. Definitions.
54 As used in this title:
55 (1) (a) "Applied technology education facility" means a facility governed by a regional
56 board that provides applied technology education.
57 (b) "Applied technology education facility" includes the applied technology centers
58 identified in Section 53D-2-101 .
59 (c) "Applied technology education facility" does not mean a facility owned by public or
60 higher education that provides applied technology education.
61 (2) "Applied technology education region" means the applied technology education regions
62 established by Section 53D-2-101 .
63 (3) "Articulation agreement" means an agreement between an applied technology
64 education provider and one or more higher education institutions that provides which, if any,
65 applied technology education would be eligible for credit at the higher education institution.
66 (4) "Council" means the Joint Applied Technology Education Council established by
67 Section 53D-3-101 .
68 (5) "Higher education institution" means the higher education institutions identified in
69 Section 53B-2-101 .
70 (6) "Regional board" means the applied technology education board created by Section
71 53D-2-103 that governs each applied technology education region.
72 Section 4. Section 53D-2-101 is enacted to read:
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75 53D-2-101. Applied technology education regions created.
76 The Legislature establishes the following applied technology education regions in Utah:
77 (1) The Bear River Region is composed of the geographic area encompassing the Box
78 Elder School District, the Cache School District, the Logan School District, and the Rich School
79 District and includes the Bridgerland Applied Technology Center.
80 (2) The Ogden-Weber Region is composed of the geographic area encompassing the
81 Ogden City School District and the Weber School District and includes the Ogden-Weber Applied
82 Technology Center.
83 (3) The Davis-Morgan Region is composed of the geographic area encompassing the Davis
84 School District and the Morgan School District and includes the Davis Applied Technology
85 Center.
86 (4) The Wasatch Front South Region is composed of the geographic area encompassing
87 the Salt Lake City School District, the Granite School District, the Jordan School District, the
88 Murray School District, and the Tooele School District and includes the Wasatch Front South
89 Applied Technology Center.
90 (5) The Mountainland Region is composed of the geographic area encompassing the
91 Alpine School District, the Nebo School District, the Provo School District, the South Summit
92 School District, the North Summit School District, the Wasatch School District, and the Park City
93 School District.
94 (6) The Uintah Basin Region is composed of the geographic area encompassing the
95 Daggett School District, the Duchesne School District, and the Uintah School District and includes
96 the Uintah Basin Applied Technology Center.
97 (7) The Central Region is composed of the geographic area encompassing the Juab School
98 District, the Millard School District, the Tintic School District, the North Sanpete School District,
99 the South Sanpete School District, the Wayne School District, the Piute School District, and the
100 Sevier School District.
101 (8) The Southwest Region is composed of the geographic area encompassing the Beaver
102 School District, the Garfield School District, the Iron School District, the Washington School
103 District, and the Kane School District.
104 (9) The Southeast Region is composed of the geographic area encompassing the Carbon
105 School District, the Emery School District, the Grand School District, and the San Juan School
106 District.
107 Section 5. Section 53D-2-102 is enacted to read:
108 53D-2-102. Applied technology education region governing boards -- Membership
109 -- Terms -- Filling Vacancies -- Quorum -- Compensation.
110 (1) (a) Each applied technology education region shall be governed by a board appointed
111 as follows:
112 (i) one representative appointed by each local school board within the region;
113 (ii) one representative from each higher education institution board of trustees within the
114 region appointed by the board of trustees; and
115 (iii) three or four representatives from businesses or industry within the region appointed
116 jointly by the public and higher education members.
117 (b) In determining whether to appoint three or four business or industry members, the
118 appointing members shall appoint so as to ensure that the board contains an odd number of
119 members.
120 (2) (a) At the first meeting of the board:
121 (i) the representatives from the local school boards shall divide up their positions so that
122 approximately half of them serve for two-year terms and half serve for four-year terms;
123 (ii) the representatives from the higher education institution boards of trustees, if there is
124 more than one, shall divide up their positions so that approximately half of them serve for two-year
125 terms and half serve for four-year terms;
126 (iii) if there is only one representative from a higher education institution board of trustees,
127 that initial representative shall serve a two-year term; and
128 (iv) the representatives from business and industry shall divide up their positions so that
129 approximately half of them serve for two-year terms and half serve for four-year terms.
130 (b) Persons appointed to the board after the first appointments serve four-year terms.
131 (3) The original appointing authority shall fill any vacancies that occur on the board.
132 (4) A majority of the board is a quorum.
133 (5) The board shall elect a chair from its membership.
134 (6) (a) (i) Members who are not government employees shall receive no compensation or
135 benefits for their services, but may receive per diem and expenses incurred in the performance of
136 the member's official duties at the rates established by the Division of Finance under Sections
137 63A-3-106 and 63A-3-107 .
138 (ii) Members may decline to receive per diem and expenses for their service.
139 (b) (i) Higher education members who do not receive salary, per diem, or expenses from
140 the entity that they represent for their service may receive per diem and expenses incurred in the
141 performance of their official duties from the committee at the rates established by the Division of
142 Finance under Sections 63A-3-106 and 63A-3-107 .
143 (ii) Higher education members may decline to receive per diem and expenses for their
144 service.
145 (c) (i) Members appointed by local school boards who do not receive salary, per diem, or
146 expenses from the entity that they represent for their service may receive per diem and expenses
147 incurred in the performance of their official duties from the committee at the rates established by
148 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
149 (ii) Those members may decline to receive per diem and expenses for their service.
150 Section 6. Section 53D-2-103 is enacted to read:
151 53D-2-103. Applied technology education region governing boards -- Duties.
152 (1) Each applied technology education region governing board shall:
153 (a) subject to Subsection (3), act as the local authority for noncredit, competency-based,
154 open entry-open exit applied technology education provided in the applied technology education
155 region and for each applied technology education facility located within the region;
156 (b) through applied technology education facilities, provide noncredit, competency-based,
157 open entry-open exit applied technology education within the region;
158 (c) through cooperative arrangements established with higher education institutions and
159 local school districts, provide applied technology education within the region;
160 (d) prepare and submit budgets for its annual operations to the council;
161 (e) prepare and submit capital facilities requests for its region to the council;
162 (f) prepare a comprehensive strategic plan for delivering applied technology education
163 within its region and submit it to the council;
164 (g) consult with business, industry, the Department of Workforce Services, and the
165 Governor's Office of Planning and Budget to determine what workers and skills are needed for
166 employment in Utah businesses and industries;
167 (h) adopt and administer an annual budget and fund balances;
168 (i) develop policies for the operation of applied technology education facilities;
169 (j) appoint and fix the salary of all employees;
170 (k) conduct annual program evaluations;
171 (l) appoint program advisory committees and other advisory groups to provide counsel,
172 support, and recommendations for updating and improving the effectiveness of training programs
173 and services;
174 (m) approve regulations, both regular and emergency, to be issued and executed by the
175 superintendent; and
176 (n) approve or reject processes and arrangements developed by applied technology
177 education facility managers, including:
178 (i) facility, students, and employee organizations rules and regulations; and
179 (ii) admission, classification, instruction, and examination of students.
180 (2) (a) Before seeking new applied technology education capital facilities, the board shall
181 seek to use existing public education, higher education, or applied technology education facilities
182 within the region to provide applied technology education.
183 (b) A regional board may not construct, approve the construction of, plan for the design
184 or construction of, or consent to the construction of, an applied technology education facility
185 without approval of the Legislature.
186 (3) A regional board may not exercise any jurisdiction over applied technology education
187 provided by a local school district or by a higher education institution.
188 Section 7. Section 53D-2-104 is enacted to read:
189 53D-2-104. Applied technology education region superintendent -- Appointment --
190 Duties.
191 (1) (a) Each regional board shall:
192 (i) nominate up to three candidates to serve as superintendent of the applied technology
193 education region; and
194 (ii) submit the names of the candidates to the council.
195 (b) The council shall select a person to serve as superintendent from the list submitted by
196 the board.
197 (c) The council may, by majority vote, terminate a superintendent with the concurrence
198 of a majority of the regional board.
199 (2) Each applied technology education region superintendent shall:
200 (a) serve as the executive officer of the regional board; and
201 (b) administer the day-to-day operation of the applied technology education region under
202 the direction of the regional board.
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205 Section 8. Section 53D-3-201 is enacted to read:
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207 53D-3-201. Joint Applied Technology Education Council -- Creation -- Membership
208 -- Staff.
209 (1) There is created the Joint Applied Technology Education Council composed of the
210 following 21 members:
211 (a) one member from each regional board selected by the regional board;
212 (b) five public education members selected by the State Board of Education;
213 (c) five higher education members selected by the State Board of Regents;
214 (d) one business member appointed by the governor with the advice and consent of the
215 Senate from two names nominated by the speaker of the House; and
216 (e) one business member appointed by the governor with the advice and consent of the
217 Senate from two names nominated by the president of the Senate.
218 (2) (a) At the first meeting of the board:
219 (i) the representatives from the regional boards shall divide up their positions so that
220 approximately half of them serve for two-year terms and half serve for four-year terms;
221 (ii) the representatives from public education shall divide up their positions so that
222 approximately half serve two-year terms and approximately half serve four-year terms;
223 (iii) the representatives from higher education shall divide up their positions so that
224 approximately half serve two-year terms and approximately half serve four-year terms; and
225 (iv) the representatives from business shall divide up their positions so that one serves a
226 two-year term and one serves a four-year term.
227 (b) Persons appointed to the board after the first appointments serve four-year terms.
228 (3) The original appointing authority shall fill any vacancies that occur on the board.
229 (4) A majority of the board is a quorum.
230 (5) The board shall elect a chair from its membership.
231 (6) (a) (i) Members who are not government employees shall receive no compensation or
232 benefits for their services, but may receive per diem and expenses incurred in the performance of
233 the member's official duties at the rates established by the Division of Finance under Sections
234 63A-3-106 and 63A-3-107 .
235 (ii) Members may decline to receive per diem and expenses for their service.
236 (b) (i) Higher education members who do not receive salary, per diem, or expenses from
237 the entity that they represent for their service may receive per diem and expenses incurred in the
238 performance of their official duties from the committee at the rates established by the Division of
239 Finance under Sections 63A-3-106 and 63A-3-107 .
240 (ii) Higher education members may decline to receive per diem and expenses for their
241 service.
242 (c) (i) Public education members who do not receive salary, per diem, or expenses from
243 the entity that they represent for their service may receive per diem and expenses incurred in the
244 performance of their official duties from the committee at the rates established by the Division of
245 Finance under Sections 63A-3-106 and 63A-3-107 .
246 (ii) Public education members may decline to receive per diem and expenses for their
247 service.
248 (d) (i) Regional board members who do not receive salary, per diem, or expenses from the
249 entity that they represent for their service may receive per diem and expenses incurred in the
250 performance of their official duties from the committee at the rates established by the Division of
251 Finance under Sections 63A-3-106 and 63A-3-107 .
252 (ii) Regional board members may decline to receive per diem and expenses for their
253 service.
254 (7) The board may employ up to two full-time employees to serve as staff to the board.
255 Section 9. Section 53D-3-301 is enacted to read:
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257 53D-3-301. Joint Applied Technology Education Council -- Jurisdiction and powers.
258 (1) The council shall:
259 (a) oversee, regulate, and manage the applied technology education regions created by
260 Section 53D-2-101 ;
261 (b) select and terminate applied technology education region superintendents as provided
262 in Section 53D-2-104 ;
263 (c) in conjunction with the State Board of Education and the State Board of Regents,
264 develop a statewide system of applied technology education;
265 (d) coordinate with the State Board of Education and local school boards for applied
266 technology education in the public school system;
267 (e) coordinate with the State Board of Regents and higher education institutions for applied
268 technology education in the higher education system;
269 (f) receive budget requests from the applied technology education regions, prioritize those
270 requests, and submit the prioritized requests to the State Building Board, to the Legislative Fiscal
271 Analyst, and to the Governor's Office of Planning and Budget;
272 (g) receive capital facilities requests from the applied technology education regions,
273 prioritize those requests, and submit the prioritized requests to the State Building Board, to the
274 Legislative Fiscal Analyst, and to the Governor's Office of Planning and Budget;
275 (h) in consultation with the applied technology education regional boards, prepare a
276 comprehensive, statewide strategic plan for delivering applied technology education;
277 (i) develop criteria for membership hour and clock hour counts so that there is a means to
278 compare and obtain uniform measurements of applied technology education provided by public
279 education, higher education, and in each region's programs and facilities;
280 (j) in consultation with the Legislature, develop, and recommend an implementation
281 strategy for, a funding unit for applied technology education that ensures equity and fairness in the
282 distribution of funds;
283 (k) determine an articulation process for converting noncredit competencies to higher
284 education credit;
285 (l) study viable alternatives to enhance accreditation programs;
286 (m) develop and implement an expedited procedure for approving applied technology
287 education programs;
288 (n) prepare and submit an annual report detailing its progress and recommendations on the
289 issues identified in this section and on other applied technology education issues to the governor
290 and to the Legislature's Education Interim Committee by October 15 of each year;
291 (o) arbitrate and resolve disputes between higher education and public education over such
292 matters as:
293 (i) credit and noncredit courses;
294 (ii) duplicate course offerings in applied technology education facilities and community
295 colleges; and
296 (iii) the scope or application of articulation agreements;
297 (p) ensure that some applied technology education providers allow open entry and open
298 exit;
299 (q) negotiate or encourage the negotiation of articulation agreements;
300 (r) ensure that the curricula in the applied technology education system meets the needs
301 of the state and of the region where it is offered;
302 (s) develop strategies for providing applied technology education in rural areas,
303 specifically considering the distances involved between rural applied technology education
304 providers;
305 (t) establish minimum standards for applied technology programs under its jurisdiction;
306 (u) in conjunction with the State Board of Education and the State Board of Regents,
307 develop and implement a system of common definitions, standards, and criteria for tracking and
308 measuring the effectiveness of applied technology education in Utah;
309 (v) in conjunction with the State Board of Education and the State Board of Regents,
310 develop and implement a marketing plan to inform citizens about the availability of, cost of, and
311 advantages of applied technology education;
312 (w) appoint staff and establish their duties;
313 (x) fix staff compensation and pay their expenses from funds appropriated for that purpose;
314 and
315 (y) perform other duties as required by law.
316 (2) The council may not exercise any jurisdiction over applied technology education
317 provided by a local school district or by a higher education institution.
318 (3) (a) The council shall develop a fee waiver and scholarship policy consistent with this
319 subsection.
320 (b) The council shall consider the following factors in establishing the policy:
321 (i) financial aid as a factor in recruiting and retaining students;
322 (ii) financial aid as a factor in center costs, revenue sources, and financial planning;
323 (iii) financial aid as a factor in course offerings to students;
324 (iv) the rationale, purpose, and requirements of student financial aid;
325 (v) administrative costs, responsibilities, and resources in student financial aid programs;
326 and
327 (vi) students' ability and willingness to comply with the financial aid policy.
328 (c) The council's financial aid policy shall include procedures to ensure that:
329 (i) students who are granted financial aid are not treated differently from other students
330 or identified to persons who do not have both a right and a need to know;
331 (ii) financial aid is available to all students on a non-discriminatory basis in accordance
332 with the written policy and based on available funds;
333 (iii) students are informed of their rights and responsibilities regarding financial aid; and
334 (iv) eligibility standards and requirements for financial aid are clearly defined, available
335 to students, and uniformly applied.
336 (d) Annually, the council shall set standards for financial aid.
337 (e) Financial aid programs shall provide for:
338 (i) operational procedures for application, selection, and timely notification to students
339 regarding financial aid;
340 (ii) adherence to standards in selection of students for financial aid;
341 (iii) broadest possible use of funds while providing adequate funding for each recipient
342 of financial aid;
343 (iv) students to pay tuition, fees, or both in installments over a pre-determined time period
344 if the student meets criteria established by the council; and
345 (v) assistance to students to encourage better management of financial resources.
346 (f) The council shall ensure that the policy includes a timely appeal process for students
347 denied financial aid, including the opportunity to appeal to the regional board or its designee.
348 (4) (a) The council may make rules governing:
349 (i) applied technology education instruction and support services;
350 (ii) evaluation and accreditation of applied technology education facilities, programs, and
351 staff;
352 (iii) faculty and staff who provide applied technology education in facilities or programs
353 under the council's control;
354 (iv) student eligibility for applied technology courses and programs;
355 (v) tuition and fees charged by applied technology education service providers under the
356 council's control;
357 (vi) fiscal procedures;
358 (vii) use, maintenance, and funding of capital facilities;
359 (viii) a career ladder program for applied technology education faculty;
360 (ix) articulation and articulation agreements;
361 (x) membership hour accounting;
362 (xi) accreditation; and
363 (xii) the custom fit program.
364 (b) Upon petition from a regional board, the council may grant written waivers from
365 specific requirements established by rule in order to accommodate local conditions.
366 (5) (a) The council shall submit each decision it makes to the State Board of Education and
367 to the State Board of Regents for their review.
368 (b) The State Board of Regents may, by unanimous vote, veto any decision of the council
369 within 30 days after the state board's staff receives the council's decision.
370 (c) The State Board of Education may, by unanimous vote, veto any decision of the council
371 within 30 days after the state board's staff receives the council's decision.
372 (d) If the State Board of Regents or the State Board of Education veto any decision of the
373 council, they shall send written notice to the council identifying the decision that was vetoed.
374 (e) If the State Board of Regents or the State Board of Education veto any decision of the
375 council, the council may override that veto by a two-thirds vote.
376 (f) The council may implement its decision if:
377 (i) it has not received written notice that its decision has been vetoed within 35 days; or
378 (ii) it has overridden the veto by a two-thirds vote.
379 Section 10. Repealer.
380 This act repeals:
381 Section 53A-1-501, Membership -- Duties -- Advisory decisions -- Annual report.
382 Section 53A-1-502, Advisory committee -- Duties -- Task forces.
383 Section 53A-15-202.5, Applied technology centers.
384 Section 53A-15-203, Applied technology centers -- Management by board.
385 Section 11. Funding guidelines.
386 In funding applied technology education, the Legislature shall follow these guidelines:
387 (1) funding for applied technology education delivered by or for public education should
388 be appropriated to public education;
389 (2) funding for applied technology education delivered by higher education should be
390 appropriated to higher education; and
391 (3) funding for applied technology education delivered by the applied technology
392 education regions and by applied technology education facilities governed by those regional boards
393 should be appropriated to the applied technology education region.
394 Section 12. Effective date.
395 This act takes effect on July 1, 2001.
Legislative Review Note
as of 11-30-00 1:28 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Education Interim Committee recommended this bill.
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