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H.B. 1003 Enrolled
This act establishes a new applied technology education governance structure for Utah.
This act creates the Utah College of Applied Technology and regional applied technology
colleges in Utah, establishes their governance structure, and defines their powers and duties.
This act defines the governing authority of the State Board of Regents with respect to the
Utah College of Applied Technology and its regional applied technology colleges. This act
creates the Utah College of Applied Technology Board of Trustees, establishes its
membership and meeting requirements, and defines its powers and duties. This act
establishes regional applied technology college boards, establishes their membership and
meeting requirements, and defines their powers and duties. This act establishes the offices
of the president of the Utah College of Applied Technology and the regional presidents and
defines their appointments, powers, and duties. This act repeals the State Board for Applied
Technology and transfers most of its duties and responsibilities to the State Board of
Education. This act makes technical and conforming changes to other sections of the Utah
Code to make those sections consistent with the substantive provisions of this act. This act
establishes funding guidelines governing future legislative appropriations. This act transfers
appropriations relating to the Utah College of Applied Technology and its regional applied
technology colleges. This act repeals superseded sections. This act takes effect September
1, 2001.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-1-101, as repealed and reenacted by Chapter 1, Laws of Utah 1995
53A-1-402, as last amended by Chapter 73, Laws of Utah 2001
53A-8-102, as last amended by Chapter 324, Laws of Utah 1999
53A-15-202, as last amended by Chapter 53, Laws of Utah 1992
53A-15-205, as last amended by Chapter 1, Laws of Utah 2000
53A-17a-113 (Effective 07/01/01), as last amended by Chapter 335, Laws of Utah 2001
53A-17a-116 (Effective 07/01/01), as last amended by Chapter 335, Laws of Utah 2001
53A-24-102, as last amended by Chapter 37, Laws of Utah 1996
53A-24-103, as last amended by Chapter 53, Laws of Utah 1992
53B-1-102, as last amended by Chapter 7, Laws of Utah 2000
53B-1-103, as last amended by Chapter 287, Laws of Utah 1995
53B-1-104, as enacted by Chapter 167, Laws of Utah 1987
53B-2-104, as last amended by Chapter 243, Laws of Utah 1996
53B-2-106, as last amended by Chapter 401, Laws of Utah 1998
53B-6-101, as last amended by Chapters 2 and 53, Laws of Utah 1992
53B-8-105, as last amended by Chapter 121, Laws of Utah 2000
53B-16-102, as last amended by Chapter 53, Laws of Utah 1992
53B-16-205, as enacted by Chapter 256, Laws of Utah 1998
ENACTS:
53B-1-101.5, Utah Code Annotated 1953
53B-2a-101, Utah Code Annotated 1953
53B-2a-102, Utah Code Annotated 1953
53B-2a-103, Utah Code Annotated 1953
53B-2a-104, Utah Code Annotated 1953
53B-2a-105, Utah Code Annotated 1953
53B-2a-106, Utah Code Annotated 1953
53B-2a-107, Utah Code Annotated 1953
53B-2a-108, Utah Code Annotated 1953
53B-2a-109, Utah Code Annotated 1953
53B-2a-110, Utah Code Annotated 1953
53B-2a-111, Utah Code Annotated 1953
53B-2a-112, Utah Code Annotated 1953
REPEALS:
53A-1-501, as last amended by Chapter 86, Laws of Utah 2001
53A-1-502, as last amended by Chapters 28 and 375, Laws of Utah 1997
53A-15-201, as last amended by Chapter 53, Laws of Utah 1992
53A-15-202.5, as enacted by Chapter 35, Laws of Utah 1999
53A-15-203, as last amended by Chapter 53, Laws of Utah 1992
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-1-101 is amended to read:
53A-1-101. State Board of Education -- Members.
(1) Members of the State Board of Education shall be nominated and elected as provided in
Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
(2) (a) In addition to the members designated under Subsection (1), two members of the
State Board of Regents, appointed by the chair of the State Board of Regents, shall serve as
nonvoting members of the State Board of Education.
(b) A nonvoting member shall continue to serve as a member without a set term until the
member is replaced by the chair of the State Board of Regents.
Section 2. Section 53A-1-402 is amended to read:
53A-1-402. Board to establish minimum standards for public schools.
(1) The State Board of Education shall establish rules and minimum standards for the public
schools, to include:
(a) the qualification and certification of educators and ancillary personnel who provide direct
student services, required school administrative and supervisory services, and evaluation of
instructional personnel;
(b) access to programs, attendance, competency levels, graduation requirements, discipline
and control, and health and safety requirements;
(c) school accreditation, the academic year, alternative and pilot programs, curriculum and
instruction requirements, school libraries, and services to persons with a disability as defined by and
covered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; the Rehabilitation Act
of 1973, 29 U.S.C. 705(20)(A); and the Individuals with Disabilities and Education Act, 20 U.S.C.
1401(3); and other special groups;
(d) requirements for school design, general educational specifications, school sites, and
building accessibility;
(e) state reimbursed bus routes, bus safety and operational requirements, and other
transportation needs; and
(f) school productivity and cost effectiveness measures, the minimum school program, school
building aid, school lunch, driver education, federal programs, school budget formats, and financial,
statistical, and student accounting requirements.
(2) The board shall determine [
(a) the minimum standards have been met[
(b) required reports are properly submitted.
(3) The board may apply for, receive, administer, and distribute to eligible applicants funds
made available through programs of the federal government.
(4) The board shall approve any competency-based high school diploma equivalent before
any applied technology college may offer the diploma equivalent.
Section 3. Section 53A-8-102 is amended to read:
53A-8-102. Definitions.
As used in this chapter:
(1) "Career employee" means an employee of a school district who has obtained a reasonable
expectation of continued employment based upon Section 53A-8-106 and an agreement with the
employee or the employee's association, district practice, or policy.
(2) "Contract term" or "term of employment" means the period of time during which an
employee is engaged by the school district under a contract of employment, whether oral or written.
(3) "Dismissal" or "termination" means:
(a) termination of the status of employment of an employee;
(b) failure to renew or continue the employment contract of a career employee beyond the
then-current school year;
(c) reduction in salary of an employee not generally applied to all employees of the same
category employed by the school district during the employee's contract term; or
(d) change of assignment of an employee with an accompanying reduction in pay, unless the
assignment change and salary reduction are agreed to in writing.
(4) "Employee" means a career or provisional employee of a school district, but does not
include:
(a) the district superintendent, or the equivalent at [
Schools for the Deaf and the Blind;
(b) the district business administrator or the equivalent at [
the Schools for the Deaf and the Blind; or
(c) a temporary employee.
(5) "Provisional employee" means an individual, other than a career employee or a temporary
employee, who is employed by a school district.
(6) "School board" or "board" means a district school board or its equivalent at [
(7) "School district" or "district" means:
(a) a public school district; or
[
[
(8) "Temporary employee" means an individual who is employed on a temporary basis as
defined by policies adopted by the local board of education. If the class of employees in question is
represented by an employee organization recognized by the local board, the board shall adopt its
policies based upon an agreement with that organization. Temporary employees serve at will and
have no expectation of continued employment.
Section 4. Section 53A-15-202 is amended to read:
53A-15-202. Powers of the board.
The State Board [
(1) shall establish minimum standards for applied technology programs in the public education
system;
(2) may apply for, receive, administer, and distribute funds made available through programs
of federal and state governments to promote and aid applied technology education;
(3) shall cooperate with federal and state governments to administer programs which promote
and maintain applied technology education;
[
[
[
(4) shall cooperate with the Utah College of Applied Technology to ensure that students in
the public education system have access to applied technology education in applied technology
colleges; and
(5) shall, after consulting with local school districts, prepare and submit an annual report to
the governor and to the Legislature's Education Interim Committee by October 31 of each year
detailing:
(a) how the applied technology education needs of secondary students are being met; and
(b) what access secondary students have to programs offered at applied technology colleges.
Section 5. Section 53A-15-205 is amended to read:
53A-15-205. Disability Determination Services Advisory Council -- Membership --
Duties -- Requirements for DDDS.
(1) As used in this section, "council" means the Disability Determination Services Advisory
Council [
(2) There is created the Disability Determination Services Advisory Council to act as an
advisory council to the State Board [
of Disability Determination Services (DDDS)[
(3) The council is composed of the following members:
(a) the administrator of DDDS;
(b) a representative of the United States Department of Health and Human Services, Social
Security Administration, appointed by the board; and
(c) nine persons, appointed by the board in accordance with Subsections (5) and (6), who
represent a cross section of:
(i) persons with disabilities;
(ii) advocates for persons with disabilities;
(iii) health care providers;
(iv) representatives of allied state and local agencies; and
(v) representatives of the general public.
(4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting members
of the council.
(5) In appointing the members described in Subsection (3)(c), the board shall:
(a) solicit nominations from organizations and agencies that represent the interests of
members described in that subsection; and
(b) make every effort to create a balance in terms of geography, sex, race, ethnicity, and type
of both mental and physical disabilities.
(6) In making initial appointments of members described in Subsection (3)(c), the board shall
appoint three members for two-year terms, three members for four-year terms, and three members
for six-year terms. All subsequent appointments are for four years. The board shall fill any vacancy
that occurs on the council for any reason by appointing a person for the unexpired term of the vacated
member. Council members are eligible for one reappointment and serve until their successors are
appointed.
(7) Five voting members of the council constitute a quorum. The action of a majority of a
quorum represents the action of the council.
(8) Members of the council serve without compensation but may be reimbursed for expenses
incurred in the performance of their official duties.
(9) (a) The council shall annually elect a chairperson from among the membership described,
and shall adopt bylaws governing its activities.
(b) The chairperson shall set the meeting agenda.
(10) The council shall:
(a) advise DDDS and the Social Security Administration regarding its practices and policies
on the determination of claims for social security disability benefits;
(b) participate in the development of new internal practices and procedures of DDDS and [
(c) recommend changes to practices and policies to ensure that DDDS is responsive to
disabled individuals;
(d) review the DDDS budget to ensure that it is adequate to effectively evaluate disability
claims and to meet the needs of persons with disabilities who have claims pending with DDDS; and
(e) review and recommend changes to policies and practices of allied state and federal
agencies, health care providers, and private community organizations.
(11) The council shall annually report to the board, the governor, and the Legislative
Education and Health and Human Services Interim Committees regarding its activities.
(12) (a) To assist the council in its duties, DDDS shall provide the necessary staff assistance
to enable the council to make timely and effective recommendations. [
(b) Staff assistance may include[
(i) distributing meeting agendas [
(ii) advising the chairpersons of the council regarding relevant items for council discussion[
and
(iii) providing reports, documents, budgets, memorandums, statutes, and regulations
regarding the management of DDDS.
(c) Staff assistance shall include maintaining minutes.
Section 6. Section 53A-17a-113 (Effective 07/01/01) is amended to read:
53A-17a-113 (Effective 07/01/01). Weighted pupil units for applied technology
education programs -- Funding of approved programs -- Performance measures -- Qualifying
criteria.
(1) There is appropriated to the State Board [
hereafter referred to in this section as the board, $49,563,068 (23,423 weighted pupil units) to pay
the added instructional costs of approved applied technology education programs.
(a) Included in the appropriation is $890,836 (421 weighted pupil units) for summer applied
technology agriculture programs.
(b) These monies are allocated to eligible recipients as provided in Subsections (2), (3), and
(4).
(c) Money appropriated under Subsection 53A-17a-113 (1) and any money appropriated for
work-based education may not be used to fund programs below the ninth grade level.
(2) Weighted pupil units are computed for pupils in approved programs.
(a) The board shall fund approved programs based upon hours of membership of 9th through
12th grade students.
(b) The board shall use an amount not to exceed 20% of the total appropriation under this
section to fund approved programs based on performance measures such as placement and
competency attainment defined in standards set by the board for districts to qualify for applied
technology funding.
(c) Leadership organization funds shall constitute an amount not to exceed 1% of the total
appropriation under this section, and shall be distributed to each local educational agency sponsoring
applied technology student leadership organizations in a ratio representing the agency's share of the
state's total membership in those organizations.
(d) The board shall make the necessary calculations for distribution of the appropriation to
school districts and may revise and recommend changes necessary for achieving equity and ease of
administration.
(3) (a) Twenty weighted pupil units shall be computed for each district, or 25 weighted pupil
units may be computed for each district that consolidates applied technology administrative services
with one or more other districts.
(b) Between 10 and 25 weighted pupil units shall be computed for each high school
conducting approved applied technology education programs in a district according to standards
established by the board.
(c) Forty weighted pupil units shall be computed for each district that operates an approved
district applied technology center.
(d) Between five and seven weighted pupil units shall be computed for each summer applied
technology agriculture program according to standards established by the board.
(e) The board shall, by rule, establish qualifying criteria for districts to receive weighted pupil
units under Subsection (3).
(4) (a) All monies allocated under Subsection (1) are computed by using average daily
membership in approved programs for the previous year.
(b) A district that has experienced student growth in grades 9 through 12 for the previous
year shall have the growth factor applied to the previous year's weighted pupil units when calculating
the allocation of monies under this subsection.
(5) (a) The board shall establish rules for the upgrading of high school applied technology
education programs.
(b) The rules shall reflect technical training and actual marketable job skills in society.
(c) The rules shall include procedures to assist school districts to convert existing programs
which are not preparing students for the job market into programs that will accomplish that purpose.
(6) Programs that do not meet board standards may not be funded under this section.
Section 7. Section 53A-17a-116 (Effective 07/01/01) is amended to read:
53A-17a-116 (Effective 07/01/01). Weighted pupil units for applied technology
set-aside programs.
(1) There is appropriated to the State Board [
$2,092,724 (989 weighted pupil units) for an applied technology set-aside program.
(2) Applied technology set-aside funds appropriated to the board are allocated by Request
for Proposal (RFP) to provide a district minimum payment for applied technology education.
(3) Each district shall receive a guaranteed minimum allocation.
(4) The set-aside funds remaining after the initial minimum payment allocation are distributed
by an RFP process to help pay for equipment costs necessary to initiate new programs and for high
priority programs as determined by labor market information.
Section 8. Section 53A-24-102 is amended to read:
53A-24-102. Definitions.
As used in this chapter:
(1) "Board" means the [
(2) "DDDS" means the Division of Disability Determination Services.
(3) "Disability" means a physical or mental condition which materially limits, contributes to
limiting, or, if not corrected, will probably result in materially limiting an individual's activities or
functioning.
(4) "DRS" means the Division of Rehabilitation Services.
(5) "DSBVI" means the Division of Services for the Blind and Visually Impaired.
(6) "DSDHH" means the Division of Services to the Deaf and Hard of Hearing.
(7) "Eligible individual" means an individual determined to be eligible to receive services
under laws or rules governing eligibility for the program in question.
(8) "Executive director" means the executive director of the Utah State Office of
Rehabilitation.
(9) "Independent living rehabilitation services" means goods and services reasonably
necessary to enable an individual with a severe disability to maintain or increase functional
independence.
(10) "Office" means the Utah State Office of Rehabilitation.
(11) "Vocational rehabilitation services" means goods and services reasonably necessary to
enable an individual with a disability to obtain and retain employment.
Section 9. Section 53A-24-103 is amended to read:
53A-24-103. Creation -- Responsibilities.
(1) There is [
direction of the State Board [
general supervision of the [
(2) The board is the sole state agency designated to administer the state plans for vocational
rehabilitation and independent living rehabilitation programs.
(3) The office is the state unit designated to carry out the state plans and other duties
assigned by law or the board.
Section 10. Section 53B-1-101.5 is enacted to read:
53B-1-101.5. Definitions.
As used in this title:
(1) "Board" means the State Board of Regents established in Section 53B-1-103 .
(2) "Commissioner" means the commissioner of higher education appointed in accordance
with Section 53B-1-105 .
Section 11. Section 53B-1-102 is amended to read:
53B-1-102. State system of higher education.
(1) The state system of higher education consists of the following institutions:
(a) State Board of Regents;
(b) the University of Utah;
(c) Utah State University of Agricultural and Applied Science, hereafter referred to in this
title as Utah State University;
(d) Weber State University;
(e) Southern Utah University;
(f) Snow College;
(g) Dixie State College of Utah;
(h) the College of Eastern Utah;
(i) Utah Valley State College;
(j) Salt Lake Community College; [
(k) the Utah College of Applied Technology; and
[
designate.
(2) A change in the name of an institution within the system of higher education shall not be
considered a change in the role or mission of the institution, unless otherwise authorized by the State
Board of Regents.
(3) It is not the intent of the Legislature to increase the number of research universities in the
state beyond the University of Utah and Utah State University.
(4) These institutions are empowered to sue and be sued and to contract and be contracted
with.
Section 12. Section 53B-1-103 is amended to read:
53B-1-103. Establishment of State Board of Regents -- Powers and authority.
(1) There is established a State Board of Regents[
(2) (a) The board is vested with the control, management, and supervision of the institutions
of higher education designated in Section 53B-1-102 in a manner consistent with the policy and
purpose of this title and the specific powers and responsibilities granted to it.
(b) The board is vested with the following powers relating to the Utah College of Applied
Technology and its regional applied technology colleges:
(i) approving each competency-based associate of applied technology degree before allowing
an applied technology college to offer the degree;
(ii) making rules governing the transfer of applied technology education degrees awarded by
the Utah College of Applied Technology to other higher education institutions;
(iii) appointing the president for the Utah College of Applied Technology in accordance with
Section 53B-2a-102 ; and
(iv) facilitating and coordinating the operation of the Utah College of Applied Technology
within the system of higher education.
[
name of an institution under its control and management, as designated in Section 53B-1-102 , to
reflect the role and general course of study of the institution.
(3) The board is the State Postsecondary Review Entity for Utah for purposes of Title IV,
Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education Act
Amendments of 1992.
(4) This section does not affect the power and authority vested in the State Board [
establishment and maintenance of applied technology education.
Section 13. Section 53B-1-104 is amended to read:
53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath -- Officers
-- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
(1) (a) The board [
(b) (i) Fifteen members [
Senate.
(ii) (A) One additional member [
the student body presidents council.
(B) The council [
in the state institutions of higher education.
(C) Student body presidents are not eligible for nomination.
(iii) Other than the student appointee, not more than eight members appointed by the
governor shall, at any time, be from one political party.
(iv) In making appointments to the board, [
(A) individuals from the state at large with due consideration for geographical
representation[
(B) at least three individuals with personal experience in applied technology education, which
could include service on a regional applied technology college regional board.
(c) (i) In addition to the members designated under Subsection (1)(b), two members of the
State Board of Education, appointed by the chair of the State Board of Education, shall serve as
nonvoting members of the board.
(ii) A nonvoting member shall continue to serve as a member without a set term until the
member is replaced by the chair of the State Board of Education.
(2) (a) Five members of the board, other than the student member[
of Education members, shall be appointed during each odd-numbered year to six-year staggered terms
which commence on July 1 of the year of appointment.
(b) (i) The student member [
reappointed for one additional term.
(ii) The student member has full voting rights [
board [
(c) Board members shall hold office until their successors have been appointed and qualified.
(3) (a) Each member of the board [
upon the duties of office.
(b) The oath [
(4) The board [
members who shall serve terms of two years and until their successors are chosen and qualified.
(5) (a) The board [
[
(b) The secretary [
board.
(c) The secretary [
meetings and [
(6) The board [
the board.
(7) (a) The board may establish advisory committees.
(b) The powers and authority of the board are nondelegable, except as specifically provided
for in this title.
(c) All matters requiring board determination shall be addressed in a properly convened
meeting of the board or its executive committee.
(8) The board shall enact bylaws for its own government not inconsistent with the
constitution or the laws of this state.
(9) (a) The board [
(b) The board may also [
[
(10) A quorum of the voting members of the board is required to conduct its business and
consists of nine members.
(11) (a) A vacancy in the board occurring before the expiration of a voting member's full term
shall be immediately filled by appointment by the governor.
(b) The appointee serves for the remainder of the unexpired term, subject to confirmation by
the Senate at its next session.
(12) (a) Each member of the board [
compensation for services for attending meetings of the board.
(b) Each member [
the board or its committees or for attending to any business of the institutions under the direction of
the board or authority of the board or its committees.
Section 14. Section 53B-2-104 is amended to read:
53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath -- Officers
-- Bylaws -- Quorum -- Committees -- Compensation.
(1) (a) The board of trustees of an institution of higher education consists of the following:
[
[
and the president of the associated students of the institution.
(b) The appointed members of the boards of trustees for Utah Valley State College and Salt
Lake Community College shall be representative of the interests of business, industry, and labor.
(2) (a) The governor shall appoint four members of each board of trustees during each
odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
(b) An appointed member holds office until a successor is appointed and qualified.
(c) The ex officio members serve for the same period as they serve as presidents and until
their successors have qualified.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) (a) Each member shall take the official oath of office prior to assuming the office.
(b) The oath [
(5) Each board of trustees shall elect a chair and vice chair, who serve for two years and until
their successors are elected and qualified.
(6) (a) Each board of trustees may enact bylaws for its own government, including provision
for regular meetings.
(b) (i) The board of trustees may provide for an executive committee in its bylaws.
(ii) If established, the committee shall have full authority of the board of trustees to act upon
routine matters during the interim between board of trustees meetings.
(iii) The committee may act on nonroutine matters only under extraordinary and emergency
circumstances.
(iv) The committee shall report its activities to the board of trustees at its next regular
meeting following the action.
(c) Copies of the board of trustees' bylaws [
(7) A quorum is required to conduct business and consists of six members.
(8) A board of trustees may establish advisory committees.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their service.
(10) This section does not apply to the Utah College of Applied Technology.
Section 15. Section 53B-2-106 is amended to read:
53B-2-106. Duties and responsibilities of the president of each institution -- Approval
by board of trustees.
(1) The president of each institution may exercise grants of power and authority as delegated
by the board, as well as the necessary and proper exercise of powers and authority not specifically
denied to the institution, its administration, faculty, or students by the board or by law, to assure the
effective and efficient administration and operation of the institution consistent with the statewide
master plan for higher education.
(2) Except as provided by the board, the president of each institution, with the approval of
the institution's board of trustees may:
(a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members, and
other professional personnel, prescribe their duties, and determine their salaries;
(ii) appoint support personnel, prescribe their duties, and determine their salaries from the
institution's position classification plan, which may:
(A) be based upon similarity of duties and responsibilities within the institution; and
(B) as funds permit, provide salary and benefits comparable with private enterprise;
(iii) adopt policies for:
(A) employee sick leave use and accrual; and
(B) service recognition for employees with more than 15 years of employment with the
institution;
(iv) subject to the authority of, policy established by, and the approval of the board of
regents, and recognizing the status of the institutions within the state system of higher education as
bodies politic and corporate, appoint attorneys to provide legal advice to the institution's
administration and to coordinate legal affairs within the institution. The board of regents shall
coordinate activities of attorneys at the institutions of higher education. The institutions shall provide
an annual report to the board of regents on the activities of appointed attorneys. These appointed
attorneys may not conduct litigation, settle claims covered by the State Risk Management Fund, or
issue formal legal opinions but shall, in all respects, cooperate with the Office of the Attorney General
in providing legal representation to the institution;
(b) provide for the constitution, government, and organization of the faculty and
administration, and enact implementing rules, including the establishment of a prescribed system of
tenure;
(c) authorize the faculty to determine the general initiation and direction of instruction and
of the examination, admission, and classification of students. In recognition of the diverse nature and
traditions of the various institutions governed by the board, the systems of faculty government need
not be identical but should be designed to further faculty identification with and involvement in the
institution's pursuit of achievement and excellence and in fulfillment of the institution's role as
established in the statewide master plan for higher education; and
(d) enact rules for administration and operation of the institution which are consistent with
the prescribed role established by the board, rules enacted by the board, or the laws of the state. The
rules may provide for administrative, faculty, student, and joint committees with jurisdiction over
specified institutional matters, for student government and student affairs organization, for the
establishment of institutional standards in furtherance of the ideals of higher education fostered and
subscribed to by the institution, its administration, faculty, and students, and for the holding of classes
on legal holidays, other than Sunday.
(3) Compensation costs and related office expenses for appointed attorneys shall be funded
within existing budgets.
(4) The State Board of Regents shall establish guidelines relating to the roles and
relationships between institutional presidents and boards of trustees, including those matters which
must be approved by a board of trustees before implementation by the president.
(5) This section does not apply to the Utah College of Applied Technology.
Section 16. Section 53B-2a-101 is enacted to read:
53B-2a-101. Definitions.
As used in this chapter:
(1) "Applied technology education" means open-entry, open-exit, competency-based
education. "Applied technology education" may include approved programs that are not open-entry,
open-exit, competency-based education only for secondary students.
(2) "Board of trustees" means the Utah College of Applied Technology Board of Trustees.
(3) "Competency-based" means mastery of subject matter as demonstrated through approved
standards and assessments rather than credit hours.
Section 17. Section 53B-2a-102 is enacted to read:
53B-2a-102. President -- Appointment -- Duties.
(1) (a) The board shall appoint a president for the Utah College of Applied Technology.
(b) The president of the Utah College of Applied Technology does not need to have a
doctorate degree, but shall have extensive experience in applied technology education.
(c) The president shall serve at the board's discretion and at the salary the board determines.
(d) As president of the Utah College of Applied Technology, the president is also an associate
commissioner of higher education.
(e) The names of the final candidates for president of the Utah College of Applied
Technology shall be publicly disclosed.
(2) The president shall:
(a) coordinate the activities of each regional applied technology college;
(b) in cooperation with the board of trustees and with the approval of the board, develop a
competency-based associate of applied technology degree;
(c) ensure that an applied technology education degree is transferable to other higher
education institutions in accordance with board rules;
(d) in consultation with the board of trustees, applied technology college regional presidents,
and applied technology college regional boards, prepare a comprehensive strategic plan for delivering
applied technology education through the regional applied technology colleges;
(e) after consulting with local school districts and other higher education institutions in the
regions, ensure that the curricula of the regional applied technology colleges meet the needs of the
state, the regions, and the local school districts;
(f) in consultation with the board of trustees, applied technology college regional presidents,
and applied technology college regional boards, and after consulting with local school districts and
other higher education institutions in the region, develop strategies for providing applied technology
education in rural areas, specifically considering the distances between rural applied technology
education providers;
(g) establish minimum standards for applied technology programs of the regional applied
technology colleges;
(h) in conjunction with the board of trustees, develop and implement a system of common
definitions, standards, and criteria for tracking and measuring the effectiveness of applied technology
education;
(i) in conjunction with the board of trustees, develop and implement a plan to inform citizens
about the availability, cost, and advantages of applied technology education; and
(j) after consulting with the State Board of Education and local school districts, ensure that
secondary students in the public education system have access to applied technology education in
applied technology colleges.
Section 18. Section 53B-2a-103 is enacted to read:
53B-2a-103. Utah College of Applied Technology Board of Trustees -- Membership --
Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
(1) There is created the Utah College of Applied Technology Board of Trustees, composed
of the following members:
(a) two members of the State Board of Education appointed by the governor with the consent
of the Senate;
(b) two members of the State Board of Regents appointed by the governor with the consent
of the Senate;
(c) one member representing business and industry from the regional board of each regional
applied technology college appointed by a majority vote of the business and industry members of the
regional board; and
(d) one business or industry representative appointed by the governor with the consent of the
Senate from nominations submitted by the speaker of the House of Representatives and president of
the Senate.
(2) (a) Except as provided in Subsection (b), the members of the board of trustees shall be
appointed commencing on September 1 of the year of appointment to:
(i) two-year terms for the members described in Subsections (1)(a) and (b); and
(ii) four-year terms for the members described in Subsections (1)(c) and (d).
(b) At the first meeting of the board:
(i) the members described in Subsections (1)(c) and (d) shall divide up their positions so that
approximately half of them serve for initial two-year terms; and
(ii) the members described in Subsections (1)(a) and (b) shall divide up their positions so that
approximately half of them serve for initial one-year terms.
(c) An appointed member holds office until a successor is appointed and qualified.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) (a) Each member shall take the official oath of office prior to assuming the office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(5) The board of trustees shall elect a chair and vice chair, who serve for two years and until
their successors are elected and qualified.
(6) (a) The board of trustees may enact bylaws for its own government, including provision
for regular meetings.
(b) (i) The board of trustees may provide for an executive committee in its bylaws.
(ii) If established, the committee shall have full authority of the board of trustees to act upon
routine matters during the interim between board of trustees meetings.
(iii) The committee may act on nonroutine matters only under extraordinary and emergency
circumstances.
(iv) The committee shall report its activities to the board of trustees at its next regular
meeting following the action.
(c) Copies of the board of trustees' bylaws shall be filed with the board.
(7) A quorum shall be required to conduct business which shall consist of a majority of board
of trustee members.
(8) The board of trustees may establish advisory committees.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their service.
Section 19. Section 53B-2a-104 is enacted to read:
53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers and
duties.
The Utah College of Applied Technology Board of Trustees shall:
(1) in cooperation with the president of the Utah College of Applied Technology, and with
the approval of the State Board of Regents, develop a competency-based associate of applied
technology degree to be offered by the regional applied technology colleges;
(2) ensure that an applied technology education degree is transferable to other higher
education institutions in accordance with State Board of Regents rules;
(3) ensure that the regional applied technology colleges within the Utah College of Applied
Technology comply with the requirements in Section 53B-2a-106 ;
(4) advise the president of the Utah College of Applied Technology and the State Board of
Regents on issues related to applied technology education;
(5) receive budget requests from each regional applied technology college, prioritize the
requests, and submit the prioritized requests to:
(a) the Legislature; and
(b) the Governor's Office of Planning and Budget;
(6) receive funding requests pertaining to capital facilities and land purchases from each
regional applied technology college, ensure that the requests comply with Section 53B-2a-112 ,
prioritize the requests, and submit the prioritized requests to the State Building Board;
(7) prepare and submit an annual report detailing its progress and recommendations on
applied technology education issues to the governor and to the Legislature's Education Interim
Committee by October 31 of each year, which shall include information detailing:
(a) how the applied technology education needs of secondary students are being met; and
(b) what access secondary students have to programs offered at applied technology colleges;
and
(8) perform other duties and responsibilities as delegated by the State Board of Regents.
Section 20. Section 53B-2a-105 is enacted to read:
53B-2a-105. Utah College of Applied Technology -- Composition.
The Utah College of Applied Technology is composed of the following regional applied
technology colleges:
(1) the Bridgerland Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Box Elder School District;
(ii) the Cache School District;
(iii) the Logan School District; and
(iv) the Rich School District; and
(b) includes the facilities, equipment, and personnel of the Bridgerland Applied Technology
Center;
(2) the Ogden-Weber Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Ogden City School District; and
(ii) the Weber School District; and
(b) includes the facilities, equipment, and personnel of the Ogden-Weber Applied Technology
Center;
(3) the Davis Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Davis School District; and
(ii) the Morgan School District; and
(b) includes the facilities, equipment, and personnel of the Davis Applied Technology Center;
(4) the Salt Lake/Tooele Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Salt Lake City School District;
(ii) the Granite School District;
(iii) the Jordan School District;
(iv) the Murray School District; and
(v) the Tooele School District; and
(b) includes the facilities, equipment, and personnel of the Wasatch Front South Applied
Technology Center;
(5) the Mountainlands Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Alpine School District;
(ii) the Nebo School District;
(iii) the Provo School District;
(iv) the South Summit School District;
(v) the North Summit School District;
(vi) the Wasatch School District; and
(vii) the Park City School District; and
(b) includes the facilities, equipment, and personnel of the Mountainlands Applied
Technology Center Service Region;
(6) the Uintah Basin Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Daggett School District;
(ii) the Duchesne School District; and
(iii) the Uintah School District; and
(b) includes the existing facilities, equipment, and personnel of the Uintah Basin Applied
Technology Center;
(7) the Central Applied Technology College which serves the geographic area encompassing:
(a) the Juab School District;
(b) the Millard School District;
(c) the Tintic School District;
(d) the North Sanpete School District;
(e) the South Sanpete School District;
(f) the Wayne School District;
(g) the Piute School District; and
(h) the Sevier School District;
(8) the Southwest Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Beaver School District;
(ii) the Garfield School District;
(iii) the Iron School District; and
(iv) the Kane School District; and
(b) includes the facilities, equipment, and personnel of the Southwest Applied Technology
Education Center Service Region;
(9) the Dixie Applied Technology College which serves the geographic area encompassing
the Washington School District; and
(10) the Southeast Applied Technology College which:
(a) serves the geographic area encompassing:
(i) the Carbon School District;
(ii) the Emery School District;
(iii) the Grand School District; and
(iv) the San Juan School District; and
(b) includes the facilities, equipment, and personnel of the Southeast Applied Technology
Center Service Region.
Section 21. Section 53B-2a-106 is enacted to read:
53B-2a-106. Regional applied technology colleges -- Duties.
(1) Each regional applied technology college shall:
(a) offer a post-secondary and extra-secondary applied technology education curriculum;
(b) offer that curriculum at low cost to adult students and at no cost to secondary students
within the college's jurisdiction;
(c) provide applied technology education that will result in:
(i) appropriate licensing, certification, or other evidence of completion of training; and
(ii) qualification for specific employment in business and industry;
(d) offer competency-based associate of applied technology degrees approved by the State
Board of Regents in accordance with Section 53B-1-103 ;
(e) develop cooperative agreements with local school districts, other higher education
institutions, businesses, industries, and community and private agencies to maximize the availability
of instructional facilities; and
(f) after consulting with local school districts within the geographic area served by the
regional applied technology college:
(i) ensure that secondary students in the public education system have access to applied
technology education in the regional applied technology college; and
(ii) prepare and submit an annual report to the Utah College of Applied Technology detailing:
(A) how the applied technology education needs of secondary students within the region are
being met; and
(B) what access secondary students within the region have to programs offered at applied
technology colleges.
(2) A regional applied technology college may offer a competency-based high school diploma
equivalent approved by the State Board of Education in accordance with Section 53A-1-402 .
(3) A regional applied technology college may not:
(a) offer courses other than applied technology education;
(b) offer a degree other than a competency-based associate of applied technology degree
approved by the State Board of Regents in accordance with Section 53B-1-103 ;
(c) provide tenure or academic rank for its instructors; and
(d) participate in intercollegiate athletics.
(4) The mission of a regional applied technology college is limited to applied technology
education and may not expand to include credit-based academic programs typically offered by
community colleges or other institutions of higher education.
Section 22. Section 53B-2a-107 is enacted to read:
53B-2a-107. Regional presidents -- Appointments -- Duties.
(1) The president of the Utah College of Applied Technology shall appoint a regional
president for each regional applied technology college from a list of at least three names submitted
to the president by the regional board to serve as the chief executive officer of the regional applied
technology college.
(2) Each regional president of a regional applied technology college shall:
(a) serve as the executive officer of the regional board;
(b) administer the day-to-day operations of the regional applied technology college under the
direction of the regional board; and
(c) administer human resource policies and employee compensation plans.
Section 23. Section 53B-2a-108 is enacted to read:
53B-2a-108. Applied technology college regional boards -- Membership --
Appointments.
Beginning September 1, 2001, each regional applied technology college shall have a regional
board appointed as follows:
(1) the Bridgerland Applied Technology College Regional Board shall be composed of the
following 13 members:
(a) one elected local school board member appointed by the board of education for the Box
Elder School District;
(b) one elected local school board member appointed by the board of education for the Cache
School District;
(c) one elected local school board member appointed by the board of education for the Logan
School District;
(d) one elected local school board member appointed by the board of education for the Rich
School District;
(e) one member of the Utah State University board of trustees;
(f) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(g) seven representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (1)(a) through (f);
(2) the Ogden-Weber Applied Technology College Regional Board shall be composed of the
following 11 members:
(a) one elected local school board member appointed by the board of education for the Ogden
City School District;
(b) one elected local school board member appointed by the board of education for the Weber
School District;
(c) one elected local school board member jointly appointed by the boards of education for
the Ogden City School District and the Weber School District;
(d) one member of the Weber State University board of trustees;
(e) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(f) six representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (2)(a) through (e);
(3) the Davis Applied Technology College Regional Board shall be composed of the
following 11 members:
(a) one elected local school board member appointed by the board of education for the Davis
School District;
(b) one elected local school board member appointed by the board of education for the
Morgan School District;
(c) one elected local school board member jointly appointed by the boards of education for
the Davis School District and the Morgan School District;
(d) one member of the Weber State University board of trustees;
(e) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(f) six representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (3)(a) through (e);
(4) the Salt Lake/Tooele Applied Technology College Regional Board shall be composed of
the following 15 members:
(a) one elected local school board member appointed by the board of education for the Salt
Lake City School District;
(b) one elected local school board member appointed by the board of education for the
Granite School District;
(c) one elected local school board member appointed by the board of education for the Jordan
School District;
(d) one elected local school board member appointed by the board of education for the
Murray School District;
(e) one elected local school board member appointed by the board of education for the
Tooele School District;
(f) one member of the Salt Lake Community College board of trustees;
(g) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(h) eight representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (4)(a) through (g);
(5) the Mountainlands Applied Technology College Regional Board shall be composed of
the following 19 members:
(a) one elected local school board member appointed by the board of education for the Alpine
School District;
(b) one elected local school board member appointed by the board of education for the Nebo
School District;
(c) one elected local school board member appointed by the board of education for the Provo
School District;
(d) one elected local school board member appointed by the board of education for the South
Summit School District;
(e) one elected local school board member appointed by the board of education for the North
Summit School District;
(f) one elected local school board member appointed by the board of education for the
Wasatch School District;
(g) one elected local school board member appointed by the board of education for the Park
City School District;
(h) one member of the Utah Valley State College board of trustees;
(i) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(j) ten representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (5)(a) through (i);
(6) the Uintah Basin Applied Technology College Regional Board shall be composed of the
following 11 members:
(a) one elected local school board member appointed by the board of education for the
Daggett School District;
(b) one elected local school board member appointed by the board of education for the
Duchesne School District;
(c) one elected local school board member appointed by the board of education for the Uintah
School District;
(d) one member of the Utah State University board of trustees;
(e) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(f) six representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (6)(a) through (d);
(7) the Central Applied Technology College Regional Board shall be composed of the
following 21 members:
(a) one elected local school board member appointed by the board of education for the Juab
School District;
(b) one elected local school board member appointed by the board of education for the
Millard School District;
(c) one elected local school board member appointed by the board of education for the Tintic
School District;
(d) one elected local school board member appointed by the board of education for the North
Sanpete School District;
(e) one elected local school board member appointed by the board of education for the South
Sanpete School District;
(f) one elected local school board member appointed by the board of education for the Wayne
School District;
(g) one elected local school board member appointed by the board of education for the Piute
School District;
(h) one elected local school board member appointed by the board of education for the Sevier
School District;
(i) one member of the Snow College board of trustees;
(j) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(k) 11 representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (7)(a) through (j);
(8) the Southwest Applied Technology College Regional Board shall be composed of the
following 13 members:
(a) one elected local school board member appointed by the board of education for the
Beaver School District;
(b) one elected local school board member appointed by the board of education for the
Garfield School District;
(c) one elected local school board member appointed by the board of education for the Iron
School District;
(d) one elected local school board member appointed by the board of education for the Kane
School District;
(e) one member of the Southern Utah University board of trustees;
(f) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(g) seven representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (8)(a) through (f);
(9) the Dixie Applied Technology College Regional Board shall be composed of the
following 11 members:
(a) three elected local school board members appointed by the board of education for the
Washington School District;
(b) one member of the Dixie State College of Utah board of trustees;
(c) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(d) six representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (9)(a) through (c);
(10) the Southeast Applied Technology College Regional Board shall be composed of the
following 13 members:
(a) one elected local school board member appointed by the board of education for the
Carbon School District;
(b) one elected local school board member appointed by the board of education for the Emery
School District;
(c) one elected local school board member appointed by the board of education for the Grand
School District;
(d) one elected local school board member appointed by the board of education for the San
Juan School District;
(e) one member of the College of Eastern Utah board of trustees;
(f) one member of the State Board of Regents designated by the chair of the State Board of
Regents to serve a one-year term; and
(g) seven representatives of business or industry within the region appointed jointly by the
members appointed under Subsections (10)(a) through (f); and
(11) the representatives of business or industry shall be appointed jointly by the designated
members from a list of names provided by local organizations or associations whose members employ
workers with applied technology education.
Section 24. Section 53B-2a-109 is enacted to read:
53B-2a-109. Applied technology college regional boards -- Terms -- Quorum -- Chair--
Compensation.
(1) (a) At the first meeting of an applied technology college regional board after September
1, 2001:
(i) the representatives from the local school boards shall divide up their positions so that
approximately half of them serve for two-year terms and half serve for four-year terms; and
(ii) the representatives from business and industry shall divide up their positions so that
approximately half of them serve for two-year terms and half serve for four-year terms.
(b) Except as provided in Subsection (1)(a) and except for State Board of Regents members
who serve a one-year term, individuals appointed to the board shall serve four-year terms.
(2) The original appointing authority shall fill any vacancies that occur on the regional board.
(3) A majority of the regional board is a quorum.
(4) The regional board shall elect a chair from its membership.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the regional board at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Higher education members may decline to receive per diem and expenses for their service.
(c) (i) Members appointed by local school boards who do not receive salary, per diem, or
expenses from the entity that they represent for their service may receive per diem and expenses
incurred in the performance of their official duties from the regional board at the rates established by
the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local school board members may decline to receive per diem and expenses for their
service.
(6) (a) Each regional board may enact bylaws for its own government, including provision
for regular meetings.
(b) (i) The regional board may provide for an executive committee in its bylaws.
(ii) If established, the committee shall have the full authority of the regional board to act upon
routine matters during the interim between regional board meetings.
(iii) The committee may act on nonroutine matters only under extraordinary and emergency
circumstances.
(iv) The committee shall report its activities to the regional board at its next regular meeting
following the action.
(7) A regional board may establish advisory committees.
Section 25. Section 53B-2a-110 is enacted to read:
53B-2a-110. Applied technology college regional board -- Powers and duties.
(1) Each applied technology college regional board shall:
(a) prepare and submit a budget request for its annual operations to the Utah College of
Applied Technology Board of Trustees;
(b) after consulting with the higher education institutions and local school districts within its
region, prepare a comprehensive strategic plan for delivering applied technology education within its
region;
(c) consult with business, industry, the Department of Workforce Services, and the
Governor's Office of Planning and Budget on an ongoing basis to determine what workers and skills
are needed for employment in Utah businesses and industries;
(d) develop programs based upon the information gathered in accordance with Subsection
(1)(c), including expedited program approval and termination procedures to meet market needs;
(e) adopt an annual budget and fund balances;
(f) develop policies for the operation of applied technology education facilities under its
jurisdiction;
(g) establish human resources and compensation policies for all employees;
(h) establish credentials for employees and define employee duties;
(i) conduct annual program evaluations;
(j) appoint program advisory committees and other advisory groups to provide counsel,
support, and recommendations for updating and improving the effectiveness of training programs and
services;
(k) approve regulations, both regular and emergency, to be issued and executed by the
regional president;
(l) coordinate with local school boards and districts to protect the applied technology
education needs of secondary students; and
(m) develop policies and procedures for the admission, classification, instruction, and
examination of students.
(2) In apportioning monies appropriated by the Legislature to the Central Applied
Technology College, the regional board of the Central Applied Technology College:
(a) may not, until June 30, 2006, diminish applied technology education services currently
being provided at Snow College South; and
(b) may direct that any new monies provided to the Central Applied Technology College go
first to funding underserved portions of the geographic area it serves.
(3) A regional board may not exercise any jurisdiction over applied technology education
provided by a local school district or provided by a higher education institution independently of a
regional applied technology college.
(4) If a program advisory committee or other advisory group submits a printed
recommendation to the regional board, the board shall acknowledge the recommendation with a
printed response that explains the board action regarding the recommendation and the reasons for the
action.
Section 26. Section 53B-2a-111 is enacted to read:
53B-2a-111. Consultation with boards of trustees.
(1) The board shall consult with the Utah College of Applied Technology Board of Trustees
or the president of the Utah College of Applied Technology or both before acting on matters
pertaining to the Utah College of Applied Technology.
(2) The board shall consult with an applied technology college regional board or the regional
president of an applied technology college or both before acting on matters pertaining to a regional
applied technology college.
(3) The board may:
(a) call meetings with the Utah College of Applied Technology Board of Trustees or one or
more of the applied technology college regional boards; and
(b) appoint committees to perform duties assigned by the board that include:
(i) (A) members of the Utah College of Applied Technology Board of Trustees; or
(B) administrators of the Utah College of Applied Technology; or
(ii) (A) members of one or more of the applied technology college regional boards; or
(B) administrators, faculty staff members, or students of one or more of the applied
technology colleges.
Section 27. Section 53B-2a-112 is enacted to read:
53B-2a-112. Regional applied technology colleges -- Relationships with other public
and higher education institutions -- Agreements -- Priorities -- New capital facilities.
(1) As used in this section,"higher education institution" means, for each regional applied
technology college, the higher education institution designated in Section 53B-2a-108 , except for the
State Board of Regents, to have a representative on its regional board.
(2) A regional applied technology college shall avoid any unnecessary duplication of applied
technology instructional facilities, programs, administration, and staff between the regional applied
technology college and other public and higher education institutions.
(3) A regional applied technology college may enter into agreements:
(a) with other higher education institutions to cultivate cooperative relationships;
(b) with other public and higher education institutions to enhance applied technology
education within its region; or
(c) to comply with Subsection (2).
(4) Before a regional applied technology college develops its own new instructional facilities,
it shall give priority to:
(a) maintaining its own existing instructional facilities for both secondary and adult students;
(b) coordinating with the president of a higher education institution and entering into any
necessary agreements to provide applied technology education to both secondary and adult students
that:
(i) maintain and support existing higher education applied technology education programs;
and
(ii) maximize the use of existing higher education facilities; and
(c) developing cooperative agreements with local school districts, other higher education
institutions, businesses, industries, and community and private agencies to maximize the availability
of applied technology instructional facilities for both secondary and adult students.
(5) (a) Before submitting a funding request pertaining to new capital facilities and land
purchases to the Utah College of Applied Technology, a regional applied technology college shall:
(i) ensure that all available instructional facilities are maximized in accordance with
Subsections (4)(a) through (c); and
(ii) coordinate the request with the president of a higher education institution, if applicable.
(b) The State Building Board shall make a finding that the requirements of this section are
met before it may consider a funding request of the Utah College of Applied Technology pertaining
to new capital facilities and land purchases.
(c) A regional applied technology college may not construct, approve the construction of,
plan for the design or construction of, or consent to the construction of an applied technology
education facility without approval of the Legislature.
(6) Before acquiring new fiscal and administrative support structures, a regional applied
technology college shall:
(a) review the use of existing public or higher education administrative and accounting
systems, financial record systems, and student and financial aid systems for the delivery of applied
technology education in the region;
(b) determine whether it is feasible to use those existing systems; and
(c) with the approval of the regional board, use those existing systems.
(7) (a) The higher education institution for the region shall have the first opportunity to offer
the general education courses that are required for an associate of applied technology degree offered
by a regional applied technology college, at the applied technology college site.
(b) The general education courses described in Subsection (7)(a) shall be defined by the
higher education institution for the region.
(c) If the higher education institution for the region is unable to offer the courses described
in Subsection (7)(a), other institutions of higher education may offer those courses.
(d) The regional applied technology colleges shall be responsible to provide technical skills
training and basic skills as required by business and industry towards an associate of applied
technology degree.
Section 28. Section 53B-6-101 is amended to read:
53B-6-101. Additional responsibilities of the board -- Studies and evaluations --
Master plan for higher education -- Productivity -- Institutional student assessment -- Biennial
accountability report to the Legislature.
(1) The board shall conduct continuing studies and evaluations of the facilities, grounds,
buildings, and equipment at the higher education institutions under its jurisdiction and use space
utilization and other studies conducted by the State Building Board.
(2) The board shall establish and maintain an up-to-date master plan which shall include:
(a) providing for statewide planning of public higher education in terms of aims, purposes,
and objectives of the system as a whole;
(b) establishing and defining the role and programs of each institution within the system;
(c) establishing criteria for and determination of the future needs and requirements for new
programs and new institutions and the elimination, curtailment, or consolidation of existing programs
and facilities;
(d) providing for the initiation and financing of projects as considered necessary to meet and
satisfy the projected patterns of growth and maintenance;
(e) establishing criteria for and determination of the operating and capital budgetary needs
of each institution and the system as a whole;
(f) recommending the methods and sources of future financial support of the higher education
system;
(g) establishing procedures for the development of maximum utilization of existing facilities
as suggested by space utilization studies conducted by the State Building Board; and
(h) securing an adequate and coordinated program for the community colleges and applied
technology/technical programs in the institutions and departments in the state system of higher
education.
(3) (a) The board may do all things necessary for the effective implementation of the
statewide master plan as adopted and revised by the board from time to time.
(b) The State Board [
Technology shall provide applied technology education staff assistance to the State Board of Regents
in support of master planning activities related to applied technology education in higher education.
(4) (a) The board shall adopt rules and initiate programs to promote and increase productivity
in the state system of higher education.
(b) The board shall require each college and university in the system to establish multiple
measures of institutional and student assessment in order to improve student instruction, academic
programs, and learning opportunities.
(c) The board shall submit a biennial accountability report to the Legislature, which shall
include such factors as:
(i) space utilization, faculty productivity, and other similar measures of the management of
institutional resources at each institution; and
(ii) student assessment at entry to each institution, at critical midway points, and at exit.
(d) The board shall establish a systemwide committee to address assessment and
accountability issues and propose essential elements to be included in the biennial report.
Section 29. Section 53B-8-105 is amended to read:
53B-8-105. Scholarships for high school students who complete the requirements for
an associate degree in high school.
(1) In addition to Centennial Scholarships awarded under Section 53A-15-102 and Career
Teaching Scholarships awarded under Title 53B, Chapter 10, Terrill H. Bell Teaching Incentive Loan
Program, the State Board of Regents and the State Board of Education shall jointly award New
Century scholarships to students in Utah schools who complete the requirements for an associate
degree by September 1 of the year they qualify to graduate from high school.
(2) (a) The scholarship may be used at any higher education institution in the state accredited
by the Northwest Association of Schools and Colleges that offers baccalaureate programs.
(b) (i) If used at an institution within the state system of higher education, the scholarship is
equal in value to 75% of the tuition costs at the selected institution.
(ii) If used at an institution not within the state system of higher education, the scholarship
is equal in value to 75% of the tuition costs at the institution, not to exceed 75% of the average
tuition costs at the institutions referred in Subsection (2)(b)(i).
(c) Each scholarship is valid for up to two years of full-time equivalent enrollment, or until
the requirements for a baccalaureate degree have been met, whichever is shorter.
(d) The State Board of Regents may grant a leave of absence to a scholarship holder, but the
scholarship must be used in its entirety within four years after completion of high school.
(3) The New Century scholarship may be canceled at any time by the institution of attendance
if the student fails to:
(a) maintain a "B average" for two consecutive semesters; or
(b) make reasonable progress towards the completion of a baccalaureate degree.
(4) (a) The Legislature shall make an annual appropriation from the General Fund to the State
Board of Regents for the costs associated with the New Century scholarship program authorized
under this section.
(b) It is understood that the appropriation is offset in part by the state moneys that would
otherwise be required and appropriated for these students if they were enrolled in a four-year
postsecondary program at a state-operated institution.
(5) This section does not apply to a student who completes an associate of applied
technology degree from the Utah College of Applied Technology.
Section 30. Section 53B-16-102 is amended to read:
53B-16-102. Changes in curriculum -- Substantial alterations in institutional
operations -- Periodic review of programs -- Applied technology education curriculum changes.
(1) Under procedures and policies approved by the board and developed in consultation with
each institution of higher education, each institution may make such changes in its curriculum as
necessary to better effectuate the institutional role previously approved by the board.
(2) Notice of a change in the curriculum shall in all cases be promptly submitted to the board.
(3) The board shall establish procedures and policies for considering institutional proposals
for substantial alterations in the scope of existing institutional operations.
(4) Alterations shall not be made without prior approval of the state board.
(5) For purposes of this section, "substantial alteration" means the establishment of a branch,
extension center, college, professional school, division, institute, department, or a new program in
instruction, research, or public services or a new degree, diploma, or certificate.
(6) The board shall conduct periodic reviews of all programs of instruction, research, and
public service at each institution, including those funded by gifts, grants, and contracts, and may
require the modification or termination of any program.
(7) Prior to requiring modification or termination of a program, the board shall give the
institution adequate opportunity for a hearing before the board.
(8) In making decisions related to applied technology curriculum changes, the board shall
request a review of the proposed changes by the State Board [
to ensure an orderly and systematic applied technology education curriculum that eliminates overlap
and duplication of course work with the high schools and [
College of Applied Technology.
Section 31. Section 53B-16-205 is amended to read:
53B-16-205. Establishment of Snow College South -- Supervision and administration
-- Transition -- Institutional mission.
(1) There is [
College in Richfield, Utah, hereafter referred to as Snow College South.
(2) Snow College shall administer the [
and supervision of the State Board of Regents as an integrated part of Snow College's mission,
programs, and curriculum [
[
[
[
[
[
(i) maintain a strong curriculum in applied technology and technical courses of a general
nature at Snow College South which can be transferred to other institutions within the higher
education system, together with lower division courses of a general nature and courses required for
associate degrees in science, arts, and applied science[
(ii) work with local school districts in developing an aggressive concurrent enrollment
program in cooperation with Snow College South.
[
[
the Central Applied Technology College to provide for open-entry[
education programs at Snow College South that emphasize short-term job training or retraining for
immediate placement in the job market.
[
school students, to take classes at Snow College South for which college credit is not awarded,
together with appropriate fees for taking such classes.
[
or the president of Snow College [
prevent or inhibit Snow College South from achieving its performance goals, unless approval of the
request would conflict with state or federal law or put the institution out of compliance with matters
related to health, safety, civil rights, and insurance.
Section 32. Funding guidelines -- Cooperative agreements.
(1) In funding applied technology education, the Legislature shall:
(a) accept prioritized budget requests combining the budgets of all the regional applied
technology colleges from the Utah College of Applied Technology Board of Trustees and consider
those prioritized budget requests in its appropriation process independent of whatever
recommendations are made by the governor and the State Board of Regents; and
(b) appropriate all operating monies for each regional applied technology college directly to
each regional applied technology college under the heading " Utah Applied Technology Colleges" and
not to any other entity such as the State Board of Regents.
(2) The Legislature encourages the regional applied technology colleges to enter into the
cooperative agreements authorized in Subsection 53B-2a-112 (3) with institutions of higher education.
Section 33. Appropriation.
(1) Under the terms and conditions of Section 63-38-3, the following sums of money are
appropriated for the fiscal year beginning July 1, 2001 and ending June 30, 2002. This is in addition
to amounts appropriated by House Bill 1, 2001 General Session and Senate Bill 3, 2001 General
Session. Appropriations referenced below as provided in House Bill 1, 2001 General Session and
Senate Bill 3, 2001 General Session remain in effect until September 1, 2001, and any obligations
made from the appropriations referenced below in House Bill 1, 2001 General Session and Senate
Bill 3, 2001 General Session between July 1, 2001 and September 1, 2001 will reduce the amounts
appropriated below. In cases where a portion of the following sums has been obligated between July
1, 2001 and September 1, 2001, the unobligated balance of each of the debited line items shall
supercede the amounts indicated below in both the debited and corresponding credited items.
Item 1 To State Board of Applied Technology Education _ Public Education Applied
Technology Center Service Regions
From Uniform School Fund
(1,947,000)
Schedule of Programs:
Mountainlands (771,200)
Southeast (226,100)
Southwest (949,700)
To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
Item 2 To Mountainlands Applied Technology College
From Income Tax
771,200
Schedule of Programs:
Mountainlands Applied Technology College 771,200
To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
Item 3 To Southeast Applied Technology College
From Income Tax
226,100
Schedule of Programs:
Southeast Applied Technology College 226,100
To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
Item 4 To Southwest Applied Technology College
From Income Tax
675,800
Schedule of Programs:
Southwest Applied Technology College 675,800
To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
Item 5 To Dixie Applied Technology College
From Income Tax
273,900
Schedule of Programs:
Dixie Applied Technology College 273,900
To transfer funds provided by Item 80, House Bill 1, 2001 General Session.
Item 6 To State Board of Applied Technology Education _ Applied Technology Center/Applied
Technology Center Service Region Development
From Uniform School Fund
(2,700,000)
Schedule of Programs:
ATC/ATCSR Development (2,700,000)
To transfer funds provided by Item 81, House Bill 1, 2001 General Session.
Item 7 To Utah College of Applied Technology _ Administration
From Income Tax
2,700,000
Schedule of Programs:
Development 1,700,000
Equipment 1,000,000
To transfer funds provided by Item 81, House Bill 1, 2001 General Session.
Item 8 To State Board of Applied Technology Education _ Custom Fit
From Uniform School Fund
(3,366,500)
From Beginning Nonlapsing Appropriation Balances
(112,100)
From Closing Nonlapsing Appropriation Balances
112,100
Schedule of Programs:
Custom Fit (3,366,500)
To transfer funds provided by Item 82, House Bill 1, 2001 General Session.
Item 9 To Utah College of Applied Technology - Administration
From Income Tax
3,366,500
From Beginning Nonlapsing Appropriation Balances
112,100
From Closing Nonlapsing Appropriation Balances
(112,100)
Schedule of Programs:
Custom Fit 3,366,500
To transfer funds provided by Item 82, House Bill 1, 2001 General Session.
Item 10 To State Board of Applied Technology Education _ Higher Education Applied
Technology Center Service Regions
From General Fund
(1,221,500)
From Income Tax
(56,100)
Schedule of Programs:
Applied Technology Center Service Regions (1,277,600)
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 11 To Mountainlands Applied Technology College
From General Fund
417,600
Schedule of Programs:
Mountainlands Applied Technology College 417,600
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 12 To Southeast Applied Technology College
From General Fund
283,200
Schedule of Programs:
Southeast Applied Technology College 283,200
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 13 To Southwest Applied Technology College
From General Fund
270,300
Schedule of Programs:
Southwest Applied Technology College 270,300
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 14 To Dixie Applied Technology College
From General Fund
109,500
Schedule of Programs:
Dixie Applied Technology College 109,500
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 15 To Utah College of Applied Technology - Administration
From General Fund
140,900
From Income Tax
56,100
Schedule of Programs:
Administration 197,000
To transfer funds provided by Item 83, House Bill 1, 2001 General Session.
Item 16 To Snow College _ Snow College South Secondary
From General Fund
(103,000)
From Uniform School Fund
(153,300)
From Income Tax
(761,000)
Schedule of Programs:
Snow South Secondary (1,017,300)
To transfer funds provided by Item 176, House Bill 1, 2001 General Session.
Item 17 To Central Applied Technology College
From General Fund
103,000
From Income Tax
914,300
Schedule of Programs:
Central Applied Technology College 1,017,300
To transfer funds provided by Item 176, House Bill 1, 2001 General Session.
Item 18 To State Board of Education _ State Office of Education
From Uniform School Fund
(197,000)
Schedule of Programs:
Applied Technology Education (197,000)
To transfer funds provided by Item 231, House Bill 1, 2001 General Session.
Item 19 To Utah College of Applied Technology - Administration
From Income Tax
197,000
Schedule of Programs:
Administration 197,000
To transfer funds provided by Item 231, House Bill 1, 2001 General Session.
Item 20 To State Board of Applied Technology Education _ Applied Technology Center/Applied
Technology Center Service Region Development
From Uniform School Fund, One-time
(600,000)
Schedule of Programs:
ATC/ATCSR Equipment (400,000)
Administration (200,000)
To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
Item 21 To Utah College of Applied Technology - Administration
From Income Tax, One Time
200,000
Schedule of Programs:
Administration 200,000
To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
Item 22 To Salt Lake/Tooele Applied Technology College
From Income Tax, One-time
400,000
Schedule of Programs:
Salt Lake/Tooele Applied Technology College 400,000
To transfer funds provided by Item 55, Senate Bill 3, 2001 General Session.
Item 23 To State Board of Applied Technology Education _ Custom Fit
From Uniform School Fund, One-time
(500,000)
Schedule of Programs:
Custom Fit (500,000)
To transfer funds provided by Item 56, Senate Bill 3, 2001 General Session.
Item 24 To Utah College of Applied Technology _ Administration
From Income Tax, One-time
500,000
Schedule of Programs:
Custom Fit 500,000
To transfer funds provided by Item 56, Senate Bill 3, 2001 General Session.
Item 25 To Southwest Applied Technology Center Service Region _ General
From Income Tax
(571,500)
From Income Tax, One-time
(157,300)
Schedule of Programs
Southwest Applied Technology Center Service Region (728,800)
To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
Item 26 To Southwest Applied Technology College
From Income Tax
257,200
From Income Tax, One-time
70,800
Schedule of Programs:
Southwest Applied Technology College 328,000
To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
Item 27 To Dixie Applied Technology College
From Income Tax
314,300
From Income Tax, One-time
86,500
Schedule of Programs:
Dixie Applied Technology College 400,800
To transfer funds provided by Item 63, Senate Bill 3, 2001 General Session.
Item 28 To Snow College South _ General
From Income Tax
(240,800)
From Income Tax, One-time
(206,200)
Schedule of Programs:
Snow College South (447,000)
To transfer funds provided by Item 65, Senate Bill 3, 2001 General Session.
Item 29 To Central Applied Technology College _ Secondary Students
From Income Tax
240,800
From Income Tax, One-time
206,200
Schedule of Programs:
Secondary Students 447,000
To transfer funds provided by Item 65, Senate Bill 3, 2001 General Session.
(2) Effective September 1, 2001, the unobligated balance of the appropriations made in
House Bill 1, 2001 General Session, and Senate Bill 3, 2001 General Session, to the Bridgerland
Applied Technology Center, Ogden-Weber Applied Technology Center, Davis Applied Technology
Center, Wasatch Front South Applied Technology Center, Uintah Basin Applied Technology Center,
Mountainlands Applied Technology Center Service Region, and Southeast Applied Technology
Center Service Region shall be transferred to their successor applied technology colleges.
Section 34. Repealer.
This act repeals:
Section 53A-1-501, Membership -- Duties -- Advisory decisions -- Annual report.
Section 53A-1-502, Advisory committee -- Duties -- Task forces.
Section 53A-15-201, State Board for Applied Technology Education -- Chief officer.
Section 53A-15-202.5, Applied technology centers.
Section 53A-15-203, Applied technology centers -- Management by board.
Section 35. Effective date.
This act takes effect on September 1, 2001.
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