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First Substitute H.B. 232
This document includes House Committee Amendments incorporated into the bill on Thu, Feb 13, 2003 at 3:00 PM by bhilbert. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 21, 2003 at 12:19 PM by kholt. --> This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 26, 2003 at 2:35 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments (CORRECTED) incorporated into the bill on Mon, Mar 3, 2003 at 9:52 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 3, 2003 at 10:17 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 3, 2003 at 10:19 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 3, 2003 at 10:19 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Mar 3, 2003 at 10:20 AM by rday. -->
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6 This act modifies the State System of Higher Education Code by modifying provisions
7 relating to the Utah College of Applied Technology. This act changes terminology of the
8 Utah College of Applied Technology's college campuses, campus presidents, and campus
9 boards of directors. This act amends definitions. This act modifies some governance
10 provisions within the Utah College of Applied Technology and its campuses as well as
11 provisions relating to governance by the State Board of Regents. This act allows market
12 cost tuition for adult students of the Utah College of Applied Technology. This act
13 authorizes certain Utah College of Applied Technology campus leases. This act makes
14 technical corrections. This act takes effect on July 1, 2003.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 53A-1-402, as last amended by Chapter 244, Laws of Utah 2002
18 53A-15-202, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
19 53B-1-103, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
20 53B-1-104, as last amended by Chapter 176, Laws of Utah 2002
21 53B-2a-101, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
22 53B-2a-102, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
23 53B-2a-103, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
24 53B-2a-104, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
25 53B-2a-105, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
26 53B-2a-106, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
27 53B-2a-107, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
28 53B-2a-108, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
29 53B-2a-109, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
30 53B-2a-110, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
31 53B-2a-111, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
32 53B-2a-112, as enacted by Chapter 5, Laws of Utah 2001, First Special Session
33 53B-16-205, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
34 63A-5-305, as enacted by Chapter 113, Laws of Utah 1995
35 ENACTS:
36 53B-2a-113, Utah Code Annotated 1953
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53A-1-402 is amended to read:
39 53A-1-402. Board to establish minimum standards for public schools.
40 (1) The State Board of Education shall establish rules and minimum standards for the
41 public schools that are consistent with this title, including rules and minimum standards
42 governing the following:
43 (a) (i) the qualification and certification of educators and ancillary personnel who
44 provide direct student services;
45 (ii) required school administrative and supervisory services; and
46 (iii) the evaluation of instructional personnel;
47 (b) (i) access to programs;
48 (ii) attendance;
49 (iii) competency levels;
50 (iv) graduation requirements; and
51 (v) discipline and control;
52 (c) (i) school accreditation;
53 (ii) the academic year;
54 (iii) alternative and pilot programs;
55 (iv) curriculum and instruction requirements;
56 (v) school libraries; and
57 (vi) services to:
58 (A) persons with a disability as defined by and covered under:
59 (I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
60 (II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
61 (III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
62 (B) other special groups;
63 (d) (i) state reimbursed bus routes;
64 (ii) bus safety and operational requirements; and
65 (iii) other transportation needs; and
66 (e) (i) school productivity and cost effectiveness measures;
67 (ii) federal programs;
68 (iii) school budget formats; and
69 (iv) financial, statistical, and student accounting requirements.
70 (2) The board shall determine if:
71 (a) the minimum standards have been met; and
72 (b) required reports are properly submitted.
73 (3) The board may apply for, receive, administer, and distribute to eligible applicants
74 funds made available through programs of the federal government.
75 (4) (a) The board shall [
76 Technology Board of Trustees to develop and submit a competency-based high school diploma
77 [
78 to the board.
79 (b) The board shall grant final approval before the Utah College of Applied
80 Technology offers the diploma.
81 Section 2. Section 53A-15-202 is amended to read:
82 53A-15-202. Powers of the board.
83 The State Board of Education:
84 (1) shall establish minimum standards for applied technology programs in the public
85 education system;
86 (2) may apply for, receive, administer, and distribute funds made available through
87 programs of federal and state governments to promote and aid applied technology education;
88 (3) shall cooperate with federal and state governments to administer programs which
89 promote and maintain applied technology education;
90 (4) shall cooperate with the Utah College of Applied Technology to ensure that
91 students in the public education system have access to applied technology education [
92
93 (5) shall, after consulting with local school districts, prepare and submit an annual
94 report to the governor and to the Legislature's Education Interim Committee by October 31 of
95 each year detailing:
96 (a) how the applied technology education needs of secondary students are being met;
97 and
98 (b) what access secondary students have to programs offered at applied technology
99 colleges.
100 Section 3. Section 53B-1-103 is amended to read:
101 53B-1-103. Establishment of State Board of Regents -- Powers and authority.
102 (1) There is established a State Board of Regents.
103 (2) (a) The board is vested with the control, management, and supervision of the
104 institutions of higher education designated in Section 53B-1-102 in a manner consistent with
105 the policy and purpose of this title and the specific powers and responsibilities granted to it.
106 (b) The board is vested with the following powers relating to the Utah College of
107 Applied Technology and its [
108 (i) approving each competency-based associate of applied technology degree before
109 allowing [
110 (ii) making rules governing the transfer of applied technology education degrees
111 awarded by the Utah College of Applied Technology to other higher education institutions;
112 (iii) appointing the president for the Utah College of Applied Technology in
113 accordance with Section 53B-2a-102 and board policy; and
114 (iv) facilitating and coordinating the operation of the Utah College of Applied
115 Technology within the system of higher education.
116 (c) Except for the Utah College of Applied Technology, the board may modify the
117 name of an institution under its control and management, as designated in Section 53B-1-102 ,
118 to reflect the role and general course of study of the institution.
119 (3) The board is the State Postsecondary Review Entity for Utah for purposes of Title
120 IV, Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education
121 Act Amendments of 1992.
122 (4) This section does not affect the power and authority vested in the State Board of
123 Education to apply for, accept, and manage federal appropriations for the establishment and
124 maintenance of applied technology education.
125 Section 4. Section 53B-1-104 is amended to read:
126 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
127 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
128 (1) (a) The board shall consist of 18 residents of the state.
129 (b) (i) Fifteen members shall be appointed by the governor with the consent of the
130 Senate.
131 (ii) (A) One additional member shall be appointed by the governor from nominations
132 of the student body presidents council.
133 (B) The council shall nominate three qualified, matriculated students enrolled in the
134 state institutions of higher education.
135 (C) Student body presidents are not eligible for nomination.
136 (iii) Other than the student appointee, not more than eight members appointed by the
137 governor shall, at any time, be from one political party.
138 (iv) In making appointments to the board, the governor shall select:
139 (A) individuals from the state at large with due consideration for geographical
140 representation; and
141 (B) at least three individuals with personal experience in applied technology education,
142 which could include service on a [
143 of directors.
144 (c) (i) In addition to the members designated under Subsection (1)(b), two members of
145 the State Board of Education, appointed by the chair of the State Board of Education, shall
146 serve as nonvoting members of the board.
147 (ii) A nonvoting member shall continue to serve as a member without a set term until
148 the member is replaced by the chair of the State Board of Education.
149 (2) (a) Five members of the board, other than the student member and the State Board
150 of Education members, shall be appointed during each odd-numbered year to six-year
151 staggered terms which commence on July 1 of the year of appointment.
152 (b) (i) The student member shall be appointed for a one-year term and may be
153 reappointed for one additional term.
154 (ii) The student member has full voting rights and may vote on selection of a board
155 chair or vice chair, but not serve in either office.
156 (c) Board members shall hold office until their successors have been appointed and
157 qualified.
158 (3) (a) Each member of the board shall take the official oath of office before entering
159 upon the duties of office.
160 (b) The oath shall be filed with the Division of Archives and Records Services.
161 (4) The board shall elect a chair and vice chair from its members who shall serve terms
162 of two years and until their successors are chosen and qualified.
163 (5) (a) The board shall appoint a secretary from the staff of its chief executive to serve
164 at its discretion.
165 (b) The secretary shall be a full-time employee who receives a salary set by the board.
166 (c) The secretary shall record and maintain a record of all board meetings and perform
167 other duties as the board directs.
168 (6) The board shall appoint a treasurer who serves at the discretion of the board.
169 (7) (a) The board may establish advisory committees.
170 (b) The powers and authority of the board are nondelegable, except as specifically
171 provided for in this title.
172 (c) All matters requiring board determination shall be addressed in a properly convened
173 meeting of the board or its executive committee.
174 (8) The board shall enact bylaws for its own government not inconsistent with the
175 constitution or the laws of this state.
176 (9) (a) The board shall meet regularly upon its own determination.
177 (b) The board may also meet, in full or executive session, at the request of its chair, its
178 executive officer, or five members of the board.
179 (10) A quorum of the voting members of the board is required to conduct its business
180 and consists of nine members.
181 (11) (a) A vacancy in the board occurring before the expiration of a voting member's
182 full term shall be immediately filled by appointment by the governor with the consent of the
183 Senate.
184 (b) The appointee serves for the remainder of the unexpired term.
185 (12) (a) Each member of the board shall receive a per diem as provided by law as
186 compensation for services for attending meetings of the board.
187 (b) Each member shall also be paid actual expenses incurred for attending meetings of
188 the board or its committees or for attending to any business of the institutions under the
189 direction of the board or authority of the board or its committees.
190 Section 5. Section 53B-2a-101 is amended to read:
191 53B-2a-101. Definitions.
192 As used in this chapter:
193 (1) "Applied technology education" means [
194
195
196 educational programs offering sequences of courses or skill sets directly related to preparing
197 individuals for paid or unpaid employment in current or emerging occupations that do not
198 require a baccalaureate or advanced degree.
199 (2) "Board of trustees" means the Utah College of Applied Technology Board of
200 Trustees.
201 (3) "College campus" means a college campus of the Utah College of Applied
202 Technology.
203 [
204 demonstrated through business and industry approved standards and assessments [
205
206 tied to observable, measurable performance objectives.
207 (5) "Open-entry, open-exit" means h :
207a (a) h a method of instructional delivery that allows for
208 flexible scheduling in response to individual student needs or requirements and demonstrated
209 competency when knowledge and skills have been mastered h [
209a (b) STUDENTS HAVE THE FLEXIBILITY TO BEGIN OR END STUDY AT ANY TIME, PROGRESS
209b THROUGH COURSE MATERIAL AT THEIR OWN PACE, AND DEMONSTRATE COMPETENCY WHEN
209c KNOWLEDGE AND SKILLS HAVE BEEN MASTERED. IF COMPETENCY IS DEMONSTRATED IN A
209d PROGRAM OF STUDY, A CREDENTIAL, CERTIFICATE, DIPLOMA, OR DEGREE MAY BE AWARDED. h
210 Section 6. Section 53B-2a-102 is amended to read:
211 53B-2a-102. President -- Appointment -- Duties.
212 (1) (a) The board shall appoint a president for the Utah College of Applied
213 Technology.
214 (b) The president of the Utah College of Applied Technology does not need to have a
215 doctorate degree, but shall have extensive experience in applied technology education.
216 (c) The president shall serve at the board's discretion [
217
218 [
219
220 [
221 Technology shall be publicly disclosed.
221a h (e) THE CHAIR AND VICE CHAIR OF THE UTAH COLLEGE OF APPLIED TECHNOLOGY
221b BOARD OF TRUSTEES SHALL BE MEMBERS OF THE SEARCH COMMITTEE FOR THE PRESIDENT. h
222 (2) The president shall:
223 (a) S [
223a of each
224 [
225 (b) in cooperation with the board of trustees and with the approval of the board,
226 develop a competency-based associate of applied technology degree;
227 (c) ensure that an applied technology education degree is transferable to other higher
228 education institutions in accordance with board rules;
229 (d) in consultation with the board of trustees, [
230 campus presidents, and [
231 prepare a comprehensive strategic plan for delivering applied technology education through the
232 [
233 (e) after consulting with local school districts and other higher education institutions in
234 the regions, ensure that the curricula of the [
235 College of Applied Technology meets the needs of the state, the regions, and the local school
236 districts;
237 (f) in consultation with the board of trustees, [
238 campus presidents, and [
239 after consulting with local school districts and other higher education institutions in the region,
240 develop strategies for providing applied technology education in rural areas, specifically
241 considering the distances between rural applied technology education providers;
242 (g) establish minimum standards for applied technology programs of the [
243
244 (h) in conjunction with the board of trustees, develop and implement a system of
245 common definitions, standards, and criteria for tracking and measuring the effectiveness of
246 applied technology education;
247 (i) in conjunction with the board of trustees, develop and implement a plan to inform
248 citizens about the availability, cost, and advantages of applied technology education; and
249 (j) after consulting with the State Board of Education and local school districts, ensure
250 that secondary students in the public education system have access to applied technology
251 education [
252 college campuses.
253 Section 7. Section 53B-2a-103 is amended to read:
254 53B-2a-103. Utah College of Applied Technology Board of Trustees --
255 Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
256 Compensation.
257 (1) There is created the Utah College of Applied Technology Board of Trustees,
258 composed of the following members:
259 (a) two members of the State Board of Education appointed by the governor with the
260 consent of the Senate;
261 (b) two members of the State Board of Regents appointed by the governor with the
262 consent of the Senate;
263 (c) one member representing business and industry from the regional board of each
264 regional applied technology college appointed by a majority vote of the business and industry
265 members of the regional board; and
266 (d) one business or industry representative appointed by the governor with the consent
267 of the Senate from nominations submitted by the speaker of the House of Representatives and
268 president of the Senate.
269 (2) (a) Except as provided in Subsection (2)(b), the members of the board of trustees
270 shall be appointed commencing on September 1 of the year of appointment to:
271 (i) two-year terms for the members described in Subsections (1)(a) and (b); and
272 (ii) four-year terms for the members described in Subsections (1)(c) and (d).
273 (b) At the first meeting of the board of trustees:
274 (i) the members described in Subsections (1)(c) and (d) shall divide up their positions
275 so that approximately half of them serve for initial two-year terms; and
276 (ii) the members described in Subsections (1)(a) and (b) shall divide up their positions
277 so that approximately half of them serve for initial one-year terms.
278 (c) An appointed member holds office until a successor is appointed and qualified.
279 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
280 appointed for the unexpired term.
281 (4) (a) Each member shall take the official oath of office prior to assuming the office.
282 (b) The oath shall be filed with the Division of Archives and Records Services.
283 (5) The board of trustees shall elect a chair and vice chair, who serve for two years and
284 until their successors are elected and qualified.
285 (6) (a) The board of trustees may enact bylaws for its own government, including
286 provision for regular meetings.
287 (b) (i) The board of trustees may provide for an executive committee in its bylaws.
288 (ii) If established, the committee shall have full authority of the board of trustees to act
289 upon routine matters during the interim between board of trustees meetings.
290 (iii) The committee may act on nonroutine matters only under extraordinary and
291 emergency circumstances.
292 (iv) The committee shall report its activities to the board of trustees at its next regular
293 meeting following the action.
294 (c) Copies of the board of trustees' bylaws shall be filed with the [
295 Regents.
296 (7) A quorum shall be required to conduct business which shall consist of a majority of
297 board of trustee members.
298 (8) The board of trustees may establish advisory committees.
299 (9) (a) (i) Members who are not government employees shall receive no compensation
300 or benefits for their services, but may receive per diem and expenses incurred in the
301 performance of the member's official duties at the rates established by the Division of Finance
302 under Sections 63A-3-106 and 63A-3-107 .
303 (ii) Members may decline to receive per diem and expenses for their service.
304 (b) (i) State government officer and employee members who do not receive salary, per
305 diem, or expenses from their agency for their service may receive per diem and expenses
306 incurred in the performance of their official duties from the board of trustees at the rates
307 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
308 (ii) State government officer and employee members may decline to receive per diem
309 and expenses for their service.
310 (c) (i) Higher education members who do not receive salary, per diem, or expenses
311 from the entity that they represent for their service may receive per diem and expenses incurred
312 in the performance of their official duties from the [
313 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
314 (ii) Higher education members may decline to receive per diem and expenses for their
315 service.
316 Section 8. Section 53B-2a-104 is amended to read:
317 53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
318 and duties.
319 The Utah College of Applied Technology Board of Trustees shall:
320 (1) in cooperation with the president of the Utah College of Applied Technology, and
321 with the approval of the State Board of Regents, develop [
322 applied technology [
323 Utah College of Applied Technology;
324 (2) approve the courses and requirements for the associate of applied technology
325 degrees;
326 [
327 higher education institutions in accordance with State Board of Regents rules;
328 [
329 of Applied Technology college campuses comply with the requirements in Section
330 53B-2a-106 ;
331 [
332 Board of Regents on issues related to applied technology education;
333 [
334 campus, compile and prioritize the requests, and submit the [
335 (a) the Legislature; and
336 (b) the Governor's Office of Planning and Budget;
337 [
338 from each [
339 Section 53B-2a-112 , prioritize the requests, and submit the prioritized requests to the State
340 Building Board;
341 [
342 recommendations on applied technology education issues to the governor and to the
343 Legislature's Education Interim Committee by October 31 of each year, which shall include
344 information detailing:
345 (a) how the applied technology education needs of secondary students are being met;
346 and
347 (b) what access secondary students have to programs offered at [
348
349 [
350 the policies of the State Board of Regents.
351 Section 9. Section 53B-2a-105 is amended to read:
352 53B-2a-105. Utah College of Applied Technology -- Composition.
353 The Utah College of Applied Technology is composed of the following [
354
355 (1) the Bridgerland Applied Technology College Campus which[
356 geographic area encompassing:
357 [
358 [
359 [
360 [
361 [
362
363 (2) the Ogden-Weber Applied Technology College Campus which[
364 geographic area encompassing:
365 [
366 [
367 [
368
369 (3) the Davis Applied Technology College Campus which[
370 area encompassing:
371 [
372 [
373 [
374
375 (4) the Salt Lake/Tooele Applied Technology College Campus which[
376 geographic area encompassing:
377 [
378 [
379 [
380 [
381 [
382 [
383
384 (5) the [
385
386 [
387 [
388 [
389 [
390 [
391 [
392 [
393 [
394
395 (6) the Uintah Basin Applied Technology College Campus which[
396 geographic area encompassing:
397 [
398 [
399 [
400 [
401
402 (7) the Central Applied Technology College Campus which serves the geographic area
403 encompassing:
404 (a) the Juab School District;
405 (b) the Millard School District;
406 (c) the Tintic School District;
407 (d) the North Sanpete School District;
408 (e) the South Sanpete School District;
409 (f) the Wayne School District;
410 (g) the Piute School District; and
411 (h) the Sevier School District;
412 (8) the Southwest Applied Technology College Campus which[
413 geographic area encompassing:
414 [
415 [
416 [
417 [
418 [
419
420 (9) the Dixie Applied Technology College Campus which serves the geographic area
421 encompassing the Washington School District; and
422 (10) the Southeast Applied Technology College Campus which[
423 geographic area encompassing:
424 [
425 [
426 [
427 [
428 [
429
430 Section 10. Section 53B-2a-106 is amended to read:
431 53B-2a-106. College campuses -- Duties.
432 (1) Each [
433 college campus shall:
434 (a) offer a post-secondary and extra-secondary applied technology education
435 curriculum;
436 (b) offer that curriculum at [
437 (i) market cost to adult students, as approved by the board of trustees and the State
438 Board of Regents; and [
439 (ii) no [
440 (c) provide applied technology education that will result in:
441 (i) appropriate licensing, certification, or other evidence of completion of training; and
442 (ii) qualification for specific employment in business and industry;
443 (d) offer [
444 applied technology degrees that have:
445 (i) instruction provided in an open-entry, open-exit environment, except as required by
446 external entities; and
447 (ii) been reviewed by the board of trustees and approved by the State Board of Regents
448 in accordance with Section 53B-1-103 ;
449 (e) develop cooperative agreements with local school districts, other higher education
450 institutions, businesses, industries, and community and private agencies to maximize the
451 availability of instructional facilities; and
452 (f) after consulting with local school districts within the geographic area served by the
453 [
454 (i) ensure that secondary students in the public education system have access to applied
455 technology education [
456 (ii) prepare and submit an annual report to the Utah College of Applied Technology
457 detailing:
458 (A) how the applied technology education needs of secondary students within the
459 region are being met; and
460 (B) what access secondary students within the region have to programs offered at
461 [
462 (2) A [
463 high school diploma [
464 Section 53A-1-402 .
465 (3) A [
466 (a) offer courses other than applied technology education[
467 in areas such as reading and mathematics that are necessary for student success in the chosen
468 applied technology education program;
469 (b) offer a degree other than [
470 degree approved by the State Board of Regents in accordance with Section 53B-1-103 ;
471 (c) provide tenure or academic rank for its instructors; and
472 (d) participate in intercollegiate athletics.
473 (4) The mission of a [
474 technology education and may not expand to include credit-based academic programs typically
475 offered by community colleges or other institutions of higher education.
475a h (5) EACH CAMPUS SHALL BE RECOGNIZED AS A COLLEGE CAMPUS OF THE UTAH
475b COLLEGE OF APPLIED TECHNOLOGY, AND REGIONAL AFFILIATION SHALL BE RETAINED AND
475c RECOGNIZED THROUGH LOCAL DESIGNATIONS SUCH AS "BRIDGERLAND APPLIED TECHNOLOGY
475d COLLEGE: A UTAH COLLEGE OF APPLIED TECHNOLOGY CAMPUS. h
476 Section 11. Section 53B-2a-107 is amended to read:
477 53B-2a-107. Campus presidents -- Appointments -- Duties.
478 (1) (a) The president of the Utah College of Applied Technology shall appoint a
479 [
480 of at least three names submitted to the president by the [
481 serve as the chief executive officer of the [
482 (b) A campus president does not need to have a doctorate degree, but shall have
483 extensive experience in applied technology education.
484 (c) A campus president is subject to regular review and evaluation administered by the
485 Utah College of Applied Technology president h , IN COOPERATION WITH THE CAMPUS BOARD OF
485a DIRECTORS, h through a process approved by the board of
486 trustees.
487 (d) A campus president serves at the discretion of the Utah College of Applied
488 Technology president h , IN COOPERATION WITH THE CAMPUS BOARD OF DIRECTORS S AND THE
488a BOARD OF TRUSTEES s h .
489 (2) Each [
490 campus shall:
491 (a) serve as the executive officer of the [
492 (b) administer the day-to-day operations of the [
493 campus under the direction of the [
494 (c) administer human resource policies and employee compensation plans in
495 accordance with the requirements of the Utah College of Applied Technology.
496 Section 12. Section 53B-2a-108 is amended to read:
497 53B-2a-108. Campus boards of directors -- Membership -- Appointments.
498 [
499 shall have a [
500 (1) the Bridgerland Applied Technology College [
501 Directors shall be composed of the following 13 members:
502 (a) one elected local school board member appointed by the board of education for the
503 Box Elder School District;
504 (b) one elected local school board member appointed by the board of education for the
505 Cache School District;
506 (c) one elected local school board member appointed by the board of education for the
507 Logan School District;
508 (d) one elected local school board member appointed by the board of education for the
509 Rich School District;
510 (e) one member of the Utah State University board of trustees;
511 (f) one member of the State Board of Regents designated by the chair of the State
512 Board of Regents to serve a one-year term; and
513 (g) seven representatives of business or industry within the region appointed jointly by
514 the members appointed under Subsections (1)(a) through (f);
515 (2) the Ogden-Weber Applied Technology College [
516 Directors shall be composed of the following 11 members:
517 (a) one elected local school board member appointed by the board of education for the
518 Ogden City School District;
519 (b) one elected local school board member appointed by the board of education for the
520 Weber School District;
521 (c) one elected local school board member jointly appointed by the boards of education
522 for the Ogden City School District and the Weber School District;
523 (d) one member of the Weber State University board of trustees;
524 (e) one member of the State Board of Regents designated by the chair of the State
525 Board of Regents to serve a one-year term; and
526 (f) six representatives of business or industry within the region appointed jointly by the
527 members appointed under Subsections (2)(a) through (e);
528 (3) the Davis Applied Technology College [
529 be composed of the following 11 members:
530 (a) one elected local school board member appointed by the board of education for the
531 Davis School District;
532 (b) one elected local school board member appointed by the board of education for the
533 Morgan School District;
534 (c) one elected local school board member jointly appointed by the boards of education
535 for the Davis School District and the Morgan School District;
536 (d) one member of the Weber State University board of trustees;
537 (e) one member of the State Board of Regents designated by the chair of the State
538 Board of Regents to serve a one-year term; and
539 (f) six representatives of business or industry within the region appointed jointly by the
540 members appointed under Subsections (3)(a) through (e);
541 (4) the Salt Lake/Tooele Applied Technology College [
542 Directors shall be composed of the following 15 members:
543 (a) one elected local school board member appointed by the board of education for the
544 Salt Lake City School District;
545 (b) one elected local school board member appointed by the board of education for the
546 Granite School District;
547 (c) one elected local school board member appointed by the board of education for the
548 Jordan School District;
549 (d) one elected local school board member appointed by the board of education for the
550 Murray School District;
551 (e) one elected local school board member appointed by the board of education for the
552 Tooele School District;
553 (f) one member of the Salt Lake Community College board of trustees;
554 (g) one member of the State Board of Regents designated by the chair of the State
555 Board of Regents to serve a one-year term; and
556 (h) eight representatives of business or industry within the region appointed jointly by
557 the members appointed under Subsections (4)(a) through (g);
558 (5) the [
559 Campus Board of Directors shall be composed of the following 19 members:
560 (a) one elected local school board member appointed by the board of education for the
561 Alpine School District;
562 (b) one elected local school board member appointed by the board of education for the
563 Nebo School District;
564 (c) one elected local school board member appointed by the board of education for the
565 Provo School District;
566 (d) one elected local school board member appointed by the board of education for the
567 South Summit School District;
568 (e) one elected local school board member appointed by the board of education for the
569 North Summit School District;
570 (f) one elected local school board member appointed by the board of education for the
571 Wasatch School District;
572 (g) one elected local school board member appointed by the board of education for the
573 Park City School District;
574 (h) one member of the Utah Valley State College board of trustees;
575 (i) one member of the State Board of Regents designated by the chair of the State
576 Board of Regents to serve a one-year term; and
577 (j) ten representatives of business or industry within the region appointed jointly by the
578 members appointed under Subsections (5)(a) through (i);
579 (6) the Uintah Basin Applied Technology College [
580 Directors shall be composed of the following 11 members:
581 (a) one elected local school board member appointed by the board of education for the
582 Daggett School District;
583 (b) one elected local school board member appointed by the board of education for the
584 Duchesne School District;
585 (c) one elected local school board member appointed by the board of education for the
586 Uintah School District;
587 (d) one member of the Utah State University board of trustees;
588 (e) one member of the State Board of Regents designated by the chair of the State
589 Board of Regents to serve a one-year term; and
590 (f) six representatives of business or industry within the region appointed jointly by the
591 members appointed under Subsections (6)(a) through [
592 (7) the Central Applied Technology College [
593 shall be composed of the following 21 members:
594 (a) one elected local school board member appointed by the board of education for the
595 Juab School District;
596 (b) one elected local school board member appointed by the board of education for the
597 Millard School District;
598 (c) one elected local school board member appointed by the board of education for the
599 Tintic School District;
600 (d) one elected local school board member appointed by the board of education for the
601 North Sanpete School District;
602 (e) one elected local school board member appointed by the board of education for the
603 South Sanpete School District;
604 (f) one elected local school board member appointed by the board of education for the
605 Wayne School District;
606 (g) one elected local school board member appointed by the board of education for the
607 Piute School District;
608 (h) one elected local school board member appointed by the board of education for the
609 Sevier School District;
610 (i) one member of the Snow College board of trustees;
611 (j) one member of the State Board of Regents designated by the chair of the State
612 Board of Regents to serve a one-year term; and
613 (k) 11 representatives of business or industry within the region appointed jointly by the
614 members appointed under Subsections (7)(a) through (j);
615 (8) the Southwest Applied Technology College [
616 shall be composed of the following 13 members:
617 (a) one elected local school board member appointed by the board of education for the
618 Beaver School District;
619 (b) one elected local school board member appointed by the board of education for the
620 Garfield School District;
621 (c) one elected local school board member appointed by the board of education for the
622 Iron School District;
623 (d) one elected local school board member appointed by the board of education for the
624 Kane School District;
625 (e) one member of the Southern Utah University board of trustees;
626 (f) one member of the State Board of Regents designated by the chair of the State
627 Board of Regents to serve a one-year term; and
628 (g) seven representatives of business or industry within the region appointed jointly by
629 the members appointed under Subsections (8)(a) through (f);
630 (9) the Dixie Applied Technology College [
631 be composed of the following 11 members:
632 (a) three elected local school board members appointed by the board of education for
633 the Washington School District;
634 (b) one member of the Dixie State College of Utah board of trustees;
635 (c) one member of the State Board of Regents designated by the chair of the State
636 Board of Regents to serve a one-year term; and
637 (d) six representatives of business or industry within the region appointed jointly by the
638 members appointed under Subsections (9)(a) through (c);
639 (10) the Southeast Applied Technology College [
640 shall be composed of the following 13 members:
641 (a) one elected local school board member appointed by the board of education for the
642 Carbon School District;
643 (b) one elected local school board member appointed by the board of education for the
644 Emery School District;
645 (c) one elected local school board member appointed by the board of education for the
646 Grand School District;
647 (d) one elected local school board member appointed by the board of education for the
648 San Juan School District;
649 (e) one member of the College of Eastern Utah board of trustees;
650 (f) one member of the State Board of Regents designated by the chair of the State
651 Board of Regents to serve a one-year term; and
652 (g) seven representatives of business or industry within the region appointed jointly by
653 the members appointed under Subsections (10)(a) through (f); and
654 (11) the representatives of business or industry shall be appointed jointly by the
655 designated members from a list of names provided by local organizations or associations whose
656 members employ workers with applied technology education.
657 Section 13. Section 53B-2a-109 is amended to read:
658 53B-2a-109. Campus boards of directors -- Terms -- Quorum -- Chair--
659 Compensation.
660 (1) (a) At the first meeting of [
661 of directors after September 1, 2001:
662 (i) the representatives from the local school boards shall divide up their positions so
663 that approximately half of them serve for two-year terms and half serve for four-year terms;
664 and
665 (ii) the representatives from business and industry shall divide up their positions so that
666 approximately half of them serve for two-year terms and half serve for four-year terms.
667 (b) Except as provided in Subsection (1)(a) and except for State Board of Regents
668 members who serve a one-year term, individuals appointed to [
669 shall serve four-year terms.
670 (2) The original appointing authority shall fill any vacancies that occur on the
671 [
672 (3) A majority of the [
673 (4) The [
674 (5) (a) (i) Members who are not government employees shall receive no compensation
675 or benefits for their services, but may receive per diem and expenses incurred in the
676 performance of the member's official duties from the campus board of directors at the rates
677 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
678 (ii) Members may decline to receive per diem and expenses for their service.
679 (b) (i) Higher education members who do not receive salary, per diem, or expenses
680 from the entity that they represent for their service may receive per diem and expenses incurred
681 in the performance of their official duties from the [
682 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
683 (ii) Higher education members may decline to receive per diem and expenses for their
684 service.
685 (c) (i) Members appointed by local school boards who do not receive salary, per diem,
686 or expenses from the entity that they represent for their service may receive per diem and
687 expenses incurred in the performance of their official duties from the [
688 of directors at the rates established by the Division of Finance under Sections 63A-3-106 and
689 63A-3-107 .
690 (ii) Local school board members may decline to receive per diem and expenses for
691 their service.
692 (6) (a) Each [
693 government, including provision for regular meetings, that are in accordance with the policies
694 of the Utah College of Applied Technology.
695 (b) (i) The [
696 committee in its bylaws.
697 (ii) If established, the committee shall have the full authority of the [
698 board of directors to act upon routine matters during the interim between regional board
699 meetings.
700 (iii) The committee may act on nonroutine matters only under extraordinary and
701 emergency circumstances.
702 (iv) The committee shall report its activities to the [
703 at its next regular meeting following the action.
704 (7) A regional board may establish advisory committees.
705 Section 14. Section 53B-2a-110 is amended to read:
706 53B-2a-110. Campus board of directors -- Powers and duties.
707 (1) Each [
708 (a) prepare and submit a budget request for its annual operations to the Utah College of
709 Applied Technology Board of Trustees;
710 (b) after consulting with the Utah College of Applied Technology, other higher
711 education institutions, and local school districts within its region, prepare a comprehensive
712 strategic plan for delivering applied technology education within its region;
713 (c) consult with business, industry, the Department of Workforce Services, and the
714 Governor's Office of Planning and Budget on an ongoing basis to determine what workers and
715 skills are needed for employment in Utah businesses and industries;
716 (d) develop programs based upon the information gathered in accordance with
717 Subsection (1)(c), including expedited program approval and termination procedures to meet
718 market needs;
719 (e) adopt an annual budget and fund balances;
720 (f) develop policies for the operation of applied technology education facilities under
721 its jurisdiction;
722 (g) establish human resources and compensation policies for all employees in
723 accordance with policies of the Utah College of Applied Technology;
724 (h) [
725 employees to duties in accordance with the Utah College of Applied Technology policies and
726 accreditation guidelines;
727 (i) conduct annual program evaluations;
728 (j) appoint program advisory committees and other advisory groups to provide counsel,
729 support, and recommendations for updating and improving the effectiveness of training
730 programs and services;
731 (k) approve regulations, both regular and emergency, to be issued and executed by the
732 [
733 (l) coordinate with local school boards and districts to protect the applied technology
734 education needs of secondary students; and
735 (m) develop policies and procedures for the admission, classification, instruction, and
736 examination of students in accordance with the policies and accreditation guidelines of the
737 Utah College of Applied Technology, the State Board of Education, and the State Board of
738 Regents.
739 (2) In apportioning monies appropriated by the Legislature to the Central Applied
740 Technology College Campus, the [
741 Technology College Campus:
742 (a) may not, until June 30, 2006, diminish applied technology education services
743 currently being provided at Snow College South; and
744 (b) may direct that any new monies provided to the Central Applied Technology
745 College Campus go first to funding underserved portions of the geographic area it serves.
746 (3) A [
747 applied technology education provided by a local school district or provided by a higher
748 education institution independently of a [
749 (4) If a program advisory committee or other advisory group submits a printed
750 recommendation to the [
751 shall acknowledge the recommendation with a printed response that explains the campus board
752 of directors' action regarding the recommendation and the reasons for the action.
753 Section 15. Section 53B-2a-111 is amended to read:
754 53B-2a-111. State Board of Regents -- Consultation with boards of trustees.
755 (1) The board shall consult with the Utah College of Applied Technology Board of
756 Trustees or the president of the Utah College of Applied Technology or both before acting on
757 matters pertaining to the Utah College of Applied Technology.
758 (2) The board shall consult with [
759 board of directors or the [
760 before acting on matters pertaining to a [
761 (3) The board may:
762 (a) call meetings with the Utah College of Applied Technology Board of Trustees or
763 one or more of the [
764 (b) appoint committees to perform duties assigned by the board that include:
765 (i) (A) members of the Utah College of Applied Technology Board of Trustees; or
766 (B) administrators of the Utah College of Applied Technology; or
767 (ii) (A) members of one or more of the [
768 boards of directors; or
769 (B) administrators, faculty staff members, or students of one or more of the [
770
771 Section 16. Section 53B-2a-112 is amended to read:
772 53B-2a-112. College campuses -- Relationships with other public and higher
773 education institutions -- Agreements -- Priorities -- New capital facilities.
774 (1) As used in this section,"higher education institution" means, for each [
775
776 53B-2a-108 , except for the State Board of Regents, to have a representative on its [
777 campus board of directors.
778 (2) A [
779 duplication of applied technology instructional facilities, programs, administration, and staff
780 between the [
781 education institutions.
782 (3) A [
783 (a) with other higher education institutions to cultivate cooperative relationships;
784 (b) with other public and higher education institutions to enhance applied technology
785 education within its region; or
786 (c) to comply with Subsection (2).
787 (4) Before a [
788 instructional facilities, it shall give priority to:
789 (a) maintaining its own existing instructional facilities for both secondary and adult
790 students;
791 (b) coordinating with the president of a higher education institution and entering into
792 any necessary agreements to provide applied technology education to both secondary and adult
793 students that:
794 (i) maintain and support existing higher education applied technology education
795 programs; and
796 (ii) maximize the use of existing higher education facilities; and
797 (c) developing cooperative agreements with local school districts, other higher
798 education institutions, businesses, industries, and community and private agencies to maximize
799 the availability of applied technology instructional facilities for both secondary and adult
800 students.
801 (5) (a) Before submitting a funding request pertaining to new capital facilities and land
802 purchases to the Utah College of Applied Technology, a [
803 campus shall:
804 (i) ensure that all available instructional facilities are maximized in accordance with
805 Subsections (4)(a) through (c); and
806 (ii) coordinate the request with the president of a higher education institution, if
807 applicable.
808 (b) The State Building Board shall make a finding that the requirements of this section
809 are met before it may consider a funding request of the Utah College of Applied Technology
810 pertaining to new capital facilities and land purchases.
811 (c) A [
812 construction of, plan for the design or construction of, or consent to the construction of an
813 applied technology education facility without approval of the Legislature.
814 (6) Before acquiring new fiscal and administrative support structures, a [
815
816 (a) review the use of existing public or higher education administrative and accounting
817 systems, financial record systems, and student and financial aid systems for the delivery of
818 applied technology education in the region;
819 (b) determine whether it is feasible to use those existing systems; and
820 (c) with the approval of the [
821 trustees, use those existing systems.
822 (7) (a) The higher education institution for the region shall have the first opportunity to
823 offer the general education courses that are required for an associate of applied technology
824 degree offered by [
825 Technology, at the [
826 (b) The content of the general education courses described in Subsection (7)(a) shall be
827 defined by the higher education institution for the region in a manner consistent with the needs
828 of the Utah College of Applied Technology.
829 (c) If the higher education institution for the region is unable to offer the courses
830 described in Subsection (7)(a), other institutions of higher education may offer those courses.
831 (d) The [
832 provide technical skills training and basic skills as required by business and industry towards
833 an associate of applied technology degree.
834 Section 17. Section 53B-2a-113 is enacted to read:
835 53B-2a-113. College campuses -- Leasing authority -- Report.
836 (1) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into a
837 lease with other higher education institutions, public school districts, state agencies, or business
838 and industry for a term of:
839 (a) one year or less with the approval of the campus board of directors; and
840 (b) more than one year with the approval of the board of trustees.
841 (2) (a) Each college campus shall provide an annual lease report to the board of
842 trustees that details each of its leases, annual costs, location, square footage, and
843 recommendations for lease continuation.
844 (b) The president of the Utah College of Applied Technology shall compile and
845 distribute an annual combined lease report for all college campuses to the Division of Facilities
846 Construction Management and to others upon request.
847 (3) The Utah College of Applied Technology shall use the annual combined lease
848 report in determining planning, utilization, and budget requests.
849 Section 18. Section 53B-16-205 is amended to read:
850 53B-16-205. Establishment of Snow College South -- Supervision and
851 administration -- Transition -- Institutional mission.
852 (1) There is established a branch campus of Snow College in Richfield, Utah, hereafter
853 referred to as Snow College South.
854 (2) Snow College shall administer the branch campus under the general control and
855 supervision of the State Board of Regents as an integrated part of Snow College's mission,
856 programs, and curriculum.
857 (3) (a) Snow College shall:
858 (i) maintain a strong curriculum in applied technology and technical courses of a
859 general nature at Snow College South which can be transferred to other institutions within the
860 higher education system, together with lower division courses of a general nature and courses
861 required for associate degrees in science, arts, and applied science; and
862 (ii) work with local school districts in developing an aggressive concurrent enrollment
863 program in cooperation with Snow College South.
864 (b) The institution shall coordinate offerings of applied technology education with the
865 Central Applied Technology College Campus to provide for open-entry, open-exit applied
866 technology education programs at Snow College South that emphasize short-term job training
867 or retraining for immediate placement in the job market.
868 (c) Snow College shall make provisions for students, including high school students, to
869 take classes at Snow College South for which college credit is not awarded, together with
870 appropriate fees for taking such classes.
871 (d) The State Board of Regents or the president of Snow College may waive any board
872 rule or institutional policy that would prevent or inhibit Snow College South from achieving its
873 performance goals, unless approval of the request would conflict with state or federal law or
874 put the institution out of compliance with matters related to health, safety, civil rights, and
875 insurance.
876 Section 19. Section 63A-5-305 is amended to read:
877 63A-5-305. Leasing by higher education institutions.
878 (1) The Board of Regents shall establish written policies and procedures governing
879 leasing by higher education institutions.
880 (2) [
881 shall comply with the procedures and requirements of the Board of Regents' policies before
882 signing or renewing any lease.
883 Section 20. Effective date.
884 This act takes effect on July 1, 2003.
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