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Second Substitute H.B. 284

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 20, 2008 at 2:23 PM by jeyring. -->

Representative Kory M. Holdaway proposes the following substitute bill:


             1     
UTAH COLLEGE OF APPLIED TECHNOLOGY

             2     
REVISIONS

             3     
2008 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Kory M. Holdaway

             6     
Senate Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies provisions relating to applied technology education, including
             11      merging part of the Salt Lake/Tooele Applied Technology College Campus with Salt
             12      Lake Community College.
             13      Highlighted Provisions:
             14          This bill:
             15          .    prohibits the State Board of Regents from conducting a feasibility study or
             16      performing another act relating to merging certain institutions with another
             17      institution of higher education;
             18          .    removes the Salt Lake/Tooele Applied Technology College Campus from the Utah
             19      College of Applied Technology and transfers its functions and responsibilities to
             20      Salt Lake Community College and certain school districts;
             21          .    merges the Tooele geographic area with the Davis Applied Technology College
             22      Campus;
             23          .    clarifies the mission of Salt Lake Community College;
             24          .    creates a college advisory council at Salt Lake Community College and specifies its
             25      membership and duties;


             26          .    modifies applied technology education reporting provisions; and
             27          .    makes technical corrections.
             28      Monies Appropriated in this Bill:
             29          None
             30      Other Special Clauses:
             31          This bill takes effect on July 1, 2008.
             32      Utah Code Sections Affected:
             33      AMENDS:
             34          53A-15-202, as last amended by Laws of Utah 2007, Chapter 259
             35          53A-17a-114, as last amended by Laws of Utah 2007, Chapter 372
             36          53B-1-103, as last amended by Laws of Utah 2003, Chapter 289
             37          53B-2a-102, as last amended by Laws of Utah 2007, Chapter 259
             38          53B-2a-103, as last amended by Laws of Utah 2007, Chapter 259
             39          53B-2a-104, as last amended by Laws of Utah 2007, Chapter 259
             40          53B-2a-105, as last amended by Laws of Utah 2007, Chapter 259
             41          53B-2a-108, as last amended by Laws of Utah 2007, Chapters 259 and 356
             42          53B-16-204, as enacted by Laws of Utah 1992, Chapter 71
             43      ENACTS:
             44          53B-16-209, Utah Code Annotated 1953
             45          53B-16-210, Utah Code Annotated 1953
             46     
             47      Be it enacted by the Legislature of the state of Utah:
             48          Section 1. Section 53A-15-202 is amended to read:
             49           53A-15-202. Powers of the board.
             50          The State Board of Education:
             51          (1) shall establish minimum standards for applied technology programs in the public
             52      education system;
             53          (2) may apply for, receive, administer, and distribute funds made available through
             54      programs of federal and state governments to promote and aid applied technology education;
             55          (3) shall cooperate with federal and state governments to administer programs which
             56      promote and maintain applied technology education;


             57          (4) shall cooperate with the Utah College of Applied Technology to ensure that
             58      students in the public education system have access to applied technology education at Utah
             59      College of Applied Technology campuses;
             60          (5) shall require that before a minor student may participate in clinical experiences as
             61      part of a health care occupation program at a high school or other institution to which the
             62      student has been referred, the student's parent or legal guardian has:
             63          (a) been first given written notice through appropriate disclosure when registering and
             64      prior to participation that the program contains a clinical experience segment in which the
             65      student will observe and perform specific health care procedures that may include personal
             66      care, patient bathing, and bathroom assistance; and
             67          (b) provided specific written consent for the student's participation in the program and
             68      clinical experience; and
             69          (6) shall, after consulting with local school districts, prepare and submit an annual
             70      report to the governor and to the Legislature's Education Interim Committee by October 31 of
             71      each year detailing:
             72          (a) how the applied technology education needs of secondary students are being met;
             73      and
             74          (b) what access secondary students have to programs offered:
             75          (i) at applied technology colleges; and
             76          (ii) within the regions served by Snow College [and], the College of Eastern Utah, and
             77      Salt Lake Community College.
             78          Section 2. Section 53A-17a-114 is amended to read:
             79           53A-17a-114. Career and technical education program alternatives.
             80          (1) If a school district determines that a secondary student's career and technical
             81      education goals are better achieved at a regional applied technology college created under Title
             82      53B, Chapter 2a, Utah College of Applied Technology, the student may attend that institution.
             83          (2) Students served under this section in a regional applied technology college shall
             84      continue to be counted in the regular school program average daily membership of the sending
             85      school district.
             86          (3) (a) The following school districts shall have the primary responsibility for the
             87      applied technology education of secondary students in their respective geographic areas:


             88          (i) the Salt Lake City School District;
             89          (ii) the Granite School District;
             90          (iii) the Jordan School District;
             91          (iv) the Murray School District; and
             92          (v) the new school district created by the division of the Jordan School District.
             93          (b) A school district that is described under Subsection (3)(a) may partner with:
             94          (i) Salt Lake Community College to provide applied technology education for
             95      secondary students in the school district's geographic area; and
             96          (ii) another school district that is described under Subsection (3)(a) to provide applied
             97      technology education for secondary students in the school districts' geographic areas.
             98          (3) (a) An employee of the Salt Lake/Tooele Applied Technology College Campus
             99      who is transferred to the Davis Applied Technology College Campus because of the transfer of
             100      functions and responsibilities between the institutions shall have the opportunity to continue
             101      employment in a position that is similar to the employee's previous position.
             102          (b) The Davis Applied Technology College Campus shall, in good faith ensure that,
             103      during the transition with the Salt Lake/Tooele Applied Technology College Campus, it:
             104          (i) preserves employment positions;
             105          (ii) retains qualified employees in positions that are similar to the employees' previous
             106      positions; and
             107          (iii) transfers employees to other positions on a voluntary basis, with retraining as
             108      necessary.
             109          (c) The Davis Applied Technology College Campus shall make a good faith effort to
             110      preserve the programs that were offered in the Tooele geographic area, prior to the transition,
             111      by the Salt Lake/Tooele Applied Technology College Campus.
             112          Section 3. Section 53B-1-103 is amended to read:
             113           53B-1-103. Establishment of State Board of Regents -- Powers and authority.
             114          (1) There is established a State Board of Regents.
             115          (2) (a) The board is vested with the control, management, and supervision of the
             116      institutions of higher education designated in Section 53B-1-102 in a manner consistent with
             117      the policy and purpose of this title and the specific powers and responsibilities granted to it.
             118          (b) The board is vested with the following powers relating to the Utah College of


             119      Applied Technology and its college campuses:
             120          (i) approving each competency-based associate of applied technology degree before
             121      allowing a college campus to offer the degree;
             122          (ii) making rules governing the transfer of applied technology education degrees
             123      awarded by the Utah College of Applied Technology to other higher education institutions;
             124          (iii) appointing the president for the Utah College of Applied Technology in
             125      accordance with Section 53B-2a-102 and board policy; and
             126          (iv) facilitating and coordinating the operation of the Utah College of Applied
             127      Technology within the system of higher education.
             128          (c) Except for the Utah College of Applied Technology, the board may modify the
             129      name of an institution under its control and management, as designated in Section 53B-1-102 ,
             130      to reflect the role and general course of study of the institution.
             131          (d) The board may not conduct a feasibility study or perform another act relating to
             132      merging any of the following institutions with another institution of higher education:
             133          (i) the Bridgerland Applied Technology College Campus;
             134          (ii) the Ogden-Weber Applied Technology College Campus;
             135          (iii) the Davis Applied Technology College Campus;
             136           H. [ (iv) the Tooele Applied Technology Campus; ] .H
             137           H. [ (v) ] (iv) .H the Mountainland Applied Technology College Campus;
             138           H. [ (vi) ] (v) .H the Uintah Basin Applied Technology College Campus;
             139           H. [ (vii) ] (vi) .H the Southwest Applied Technology College Campus; and
             140           H. [ (viii) ] (vii) .H the Dixie Applied Technology College Campus.
             141          (3) The board is the State Postsecondary Review Entity for Utah for purposes of Title
             142      IV, Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education
             143      Act Amendments of 1992.
             144          (4) This section does not affect the power and authority vested in the State Board of
             145      Education to apply for, accept, and manage federal appropriations for the establishment and
             146      maintenance of applied technology education.
             147          Section 4. Section 53B-2a-102 is amended to read:
             148           53B-2a-102. President -- Appointment -- Duties.
             149          (1) (a) The board shall appoint a president for the Utah College of Applied


             150      Technology.
             151          (b) The president of the Utah College of Applied Technology does not need to have a
             152      doctorate degree, but shall have extensive experience in applied technology education.
             153          (c) The president shall serve at the board's discretion.
             154          (d) The names of the final candidates for president of the Utah College of Applied
             155      Technology shall be publicly disclosed.
             156          (e) The chair and vice chair of the Utah College of Applied Technology Board of
             157      Trustees shall be members of the search committee for the president.
             158          (2) The president shall:
             159          (a) direct the Utah College of Applied Technology and coordinate the activities of each
             160      of its college campuses;
             161          (b) in cooperation with the board of trustees and with the approval of the board,
             162      develop a competency-based associate of applied technology degree;
             163          (c) ensure that, pursuant to State Board of Regents' rules, an applied technology
             164      education degree is primarily a terminal degree, but is transferable to a bachelor's degree in
             165      applied technology at other higher education institutions under specific articulation agreements;
             166          (d) in consultation with the board of trustees, campus presidents, and campus boards of
             167      directors, prepare a comprehensive strategic plan for delivering applied technology education
             168      through the Utah College of Applied Technology college campuses;
             169          (e) after consulting with local school districts and other higher education institutions in
             170      the regions, ensure that the curricula of the Utah College of Applied Technology meet the
             171      needs of the state, the regions, and the local school districts;
             172          (f) in consultation with the board of trustees, campus presidents, and campus boards of
             173      directors, and after consulting with local school districts and other higher education institutions
             174      in the region, develop strategies for providing applied technology education in rural areas,
             175      specifically considering the distances between rural applied technology education providers;
             176          (g) establish minimum standards for applied technology programs of the Utah College
             177      of Applied Technology college campuses;
             178          (h) in conjunction with the board of trustees, do the following:
             179          (i) develop and implement a system of common definitions, standards, and criteria for
             180      tracking and measuring the effectiveness of applied technology education;


             181          (ii) maintain a central administration office for coordination, prioritization, support,
             182      and reporting of college functions dealing with:
             183          (A) budgets and audits;
             184          (B) facilities, including capital, capital development, and leases;
             185          (C) management information systems;
             186          (D) campus and college master planning efforts;
             187          (E) strategic planning;
             188          (F) legislative and Board of Regents contact;
             189          (G) general data collection; and
             190          (H) programs, certificates, and curriculum; and
             191          (iii) develop and implement a plan to inform citizens about the availability, cost, and
             192      advantages of applied technology education;
             193          (i) after consulting with the State Board of Education and local school districts, ensure
             194      that secondary students in the public education system have access to applied technology
             195      education through the Utah College of Applied Technology college campuses; and
             196          (j) provide expertise and monitor applied technology education within the regions
             197      served by Snow College [and], the College of Eastern Utah, and Salt Lake Community College
             198      in accordance with Sections 53B-16-205 [and], 53B-16-207 , and 53B-16-209 .
             199          Section 5. Section 53B-2a-103 is amended to read:
             200           53B-2a-103. Utah College of Applied Technology Board of Trustees --
             201      Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
             202      Compensation.
             203          (1) There is created the Utah College of Applied Technology Board of Trustees,
             204      composed of the following members:
             205          (a) two members of the State Board of Education appointed by the governor with the
             206      consent of the Senate;
             207          (b) two members of the State Board of Regents appointed by the governor with the
             208      consent of the Senate;
             209          (c) one member representing business and industry from the regional board of each
             210      regional applied technology college appointed by a majority vote of the business and industry
             211      members of the regional board;


             212          (d) one member representing business and industry from the Snow College applied
             213      technology advisory committee appointed by a majority of the business and industry members
             214      of the advisory committee;
             215          (e) one member representing business and industry from the College of Eastern Utah
             216      applied technology advisory committee appointed by a majority of the business and industry
             217      members of the advisory committee; [and]
             218          (f) one member representing business and industry from the Salt Lake Community
             219      College advisory council appointed by a majority of the business and industry members of the
             220      advisory council; and
             221          [(f)] (g) one business or industry representative appointed by the governor with the
             222      consent of the Senate from nominations submitted by the speaker of the House of
             223      Representatives and president of the Senate.
             224          (2) (a) The members of the board of trustees shall be appointed commencing on
             225      September 1 of the year of appointment to:
             226          (i) two-year terms for the members described in Subsections (1)(a) and (b); and
             227          (ii) four-year terms for the members described in Subsections (1)(c) through (f).
             228          (b) An appointed member holds office until a successor is appointed and qualified.
             229          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             230      appointed for the unexpired term.
             231          (4) (a) Each member shall take the official oath of office prior to assuming the office.
             232          (b) The oath shall be filed with the Division of Archives and Records Services.
             233          (5) The board of trustees shall elect a chair and vice chair, who serve for two years and
             234      until their successors are elected and qualified.
             235          (6) (a) The board of trustees may enact bylaws for its own government, including
             236      provision for regular meetings.
             237          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             238          (ii) If established, the committee shall have full authority of the board of trustees to act
             239      upon routine matters during the interim between board of trustees meetings.
             240          (iii) The committee may act on nonroutine matters only under extraordinary and
             241      emergency circumstances.
             242          (iv) The committee shall report its activities to the board of trustees at its next regular


             243      meeting following the action.
             244          (c) Copies of the board of trustees' bylaws shall be filed with the Board of Regents.
             245          (7) A quorum shall be required to conduct business which shall consist of a majority of
             246      board of trustee members.
             247          (8) The board of trustees may establish advisory committees.
             248          (9) (a) (i) Members who are not government employees shall receive no compensation
             249      or benefits for their services, but may receive per diem and expenses incurred in the
             250      performance of the member's official duties at the rates established by the Division of Finance
             251      under Sections 63A-3-106 and 63A-3-107 .
             252          (ii) Members may decline to receive per diem and expenses for their service.
             253          (b) (i) State government officer and employee members who do not receive salary, per
             254      diem, or expenses from their agency for their service may receive per diem and expenses
             255      incurred in the performance of their official duties from the board of trustees at the rates
             256      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             257          (ii) State government officer and employee members may decline to receive per diem
             258      and expenses for their service.
             259          (c) (i) Higher education members who do not receive salary, per diem, or expenses
             260      from the entity that they represent for their service may receive per diem and expenses incurred
             261      in the performance of their official duties from the board of trustees at the rates established by
             262      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             263          (ii) Higher education members may decline to receive per diem and expenses for their
             264      service.
             265          Section 6. Section 53B-2a-104 is amended to read:
             266           53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
             267      and duties.
             268          The Utah College of Applied Technology Board of Trustees shall:
             269          (1) in cooperation with the president of the Utah College of Applied Technology, and
             270      with the approval of the State Board of Regents, develop competency-based associate of
             271      applied technology degrees to be offered by the Utah College of Applied Technology;
             272          (2) approve the courses and requirements for the associate of applied technology
             273      degrees;


             274          (3) ensure that, pursuant to State Board of Regents' rules, an applied technology
             275      education degree is primarily a terminal degree, but is transferable to a bachelor's degree in
             276      applied technology at other higher education institutions under specific articulation agreements;
             277          (4) ensure that the Utah College of Applied Technology college campuses comply with
             278      the requirements in Section 53B-2a-106 ;
             279          (5) advise the president of the Utah College of Applied Technology and the State
             280      Board of Regents on issues related to applied technology education;
             281          (6) receive budget requests from each college campus, compile and prioritize the
             282      requests, and submit the request to:
             283          (a) the Legislature; and
             284          (b) the Governor's Office of Planning and Budget;
             285          (7) receive funding requests pertaining to capital facilities and land purchases from
             286      each college campus, ensure that the requests comply with Section 53B-2a-112 , prioritize the
             287      requests, and submit the prioritized requests to the State Building Board;
             288          (8) prepare and submit an annual report detailing its progress and recommendations on
             289      applied technology education issues to the governor and to the Legislature's Education Interim
             290      Committee by October 31 of each year, which shall include information detailing:
             291          (a) how the applied technology education needs of secondary students are being met;
             292      and
             293          (b) how the emphasis on high demand, high wage jobs in business and industry
             294      described in Subsection 53B-2a-106 (1)(c)(ii) is being provided; and
             295          (c) what access secondary students have to programs offered:
             296          (i) at college campuses; and
             297          (ii) within the regions served by Snow College [and], the College of Eastern Utah, and
             298      Salt Lake Community College;
             299          (9) receive, by September 30 of each year, an annual report from Snow College [and],
             300      the College of Eastern Utah, and Salt Lake Community College on the status of and
             301      maintenance of the effort for applied technology education in the regions served by Snow
             302      College [and], the College of Eastern Utah, and Salt Lake Community College, including
             303      access to open-entry, open-exit competency-based applied technology education programs at
             304      the tuition rate approved by the Utah College of Applied Technology for adults and at no


             305      tuition cost to secondary students; and
             306          (10) perform other duties and responsibilities prescribed under the policies of the State
             307      Board of Regents.
             308          Section 7. Section 53B-2a-105 is amended to read:
             309           53B-2a-105. Utah College of Applied Technology -- Composition.
             310          The Utah College of Applied Technology is composed of the following college
             311      campuses:
             312          (1) the Bridgerland Applied Technology College Campus which serves the geographic
             313      area encompassing:
             314          (a) the Box Elder School District;
             315          (b) the Cache School District;
             316          (c) the Logan School District; and
             317          (d) the Rich School District;
             318          (2) the Ogden-Weber Applied Technology College Campus which serves the
             319      geographic area encompassing:
             320          (a) the Ogden City School District; and
             321          (b) the Weber School District;
             322          (3) the Davis Applied Technology College Campus which serves the geographic area
             323      encompassing:
             324          (a) the Davis School District; [and]
             325          (b) the Morgan School District; and
             326          [(4) the Salt Lake/Tooele Applied Technology College Campus which serves the
             327      geographic area encompassing:]
             328          [(a) the Salt Lake City School District;]
             329          [(b) the Granite School District;]
             330          [(c) the Jordan School District;]
             331          [(d) the Murray School District; and]
             332          [(e)] (c) the Tooele School District;
             333          [(5)] (4) the Mountainland Applied Technology College Campus which serves the
             334      geographic area encompassing:
             335          (a) the Alpine School District;


             336          (b) the Nebo School District;
             337          (c) the Provo School District;
             338          (d) the South Summit School District;
             339          (e) the North Summit School District;
             340          (f) the Wasatch School District; and
             341          (g) the Park City School District;
             342          [(6)] (5) the Uintah Basin Applied Technology College Campus which serves the
             343      geographic area encompassing:
             344          (a) the Daggett School District;
             345          (b) the Duchesne School District; and
             346          (c) the Uintah School District;
             347          [(7)] (6) the Southwest Applied Technology College Campus which serves the
             348      geographic area encompassing:
             349          (a) the Beaver School District;
             350          (b) the Garfield School District;
             351          (c) the Iron School District; and
             352          (d) the Kane School District; and
             353          [(8)] (7) the Dixie Applied Technology College Campus which serves the geographic
             354      area encompassing the Washington School District.
             355          Section 8. Section 53B-2a-108 is amended to read:
             356           53B-2a-108. Campus boards of directors -- Membership -- Appointments.
             357          Each campus shall have a campus board of directors appointed as follows:
             358          (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
             359      composed of the following 13 members:
             360          (a) one elected local school board member appointed by the board of education for the
             361      Box Elder School District;
             362          (b) one elected local school board member appointed by the board of education for the
             363      Cache School District;
             364          (c) one elected local school board member appointed by the board of education for the
             365      Logan School District;
             366          (d) one elected local school board member appointed by the board of education for the


             367      Rich School District;
             368          (e) one member of the Utah State University board of trustees;
             369          (f) one member of the State Board of Regents designated by the chair of the State
             370      Board of Regents to serve a one-year term; and
             371          (g) seven representatives of business or industry within the region appointed jointly by
             372      the members appointed under Subsections (1)(a) through (f);
             373          (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
             374      composed of the following 11 members:
             375          (a) one elected local school board member appointed by the board of education for the
             376      Ogden City School District;
             377          (b) one elected local school board member appointed by the board of education for the
             378      Weber School District;
             379          (c) one elected local school board member jointly appointed by the boards of education
             380      for the Ogden City School District and the Weber School District;
             381          (d) one member of the Weber State University board of trustees;
             382          (e) one member of the State Board of Regents designated by the chair of the State
             383      Board of Regents to serve a one-year term; and
             384          (f) six representatives of business or industry within the region appointed jointly by the
             385      members appointed under Subsections (2)(a) through (e);
             386          (3) the Davis Applied Technology College Campus Board of Directors shall be
             387      composed of the following 11 members:
             388          (a) one elected local school board member appointed by the board of education for the
             389      Davis School District;
             390          (b) one elected local school board member appointed by the board of education for the
             391      Morgan School District;
             392          (c) one elected local school board member [jointly] appointed by the [boards] board of
             393      education for the [Davis School District and the Morgan] Tooele School District;
             394          (d) one member of the Weber State University board of trustees;
             395          (e) one member of the State Board of Regents designated by the chair of the State
             396      Board of Regents to serve a one-year term; and
             397          (f) six representatives of business or industry within the region appointed jointly by the


             398      members appointed under Subsections (3)(a) through (e);
             399          [(4) the Salt Lake/Tooele Applied Technology College Campus Board of Directors
             400      shall be composed of the following 15 members:]
             401          [(a) one elected local school board member appointed by the board of education for the
             402      Salt Lake City School District;]
             403          [(b) one elected local school board member appointed by the board of education for the
             404      Granite School District;]
             405          [(c) one elected local school board member appointed by the board of education for the
             406      Jordan School District;]
             407          [(d) one elected local school board member appointed by the board of education for the
             408      Murray School District;]
             409          [(e) one elected local school board member appointed by the board of education for the
             410      Tooele School District;]
             411          [(f) one member of the Salt Lake Community College board of trustees;]
             412          [(g) one member of the State Board of Regents designated by the chair of the State
             413      Board of Regents to serve a one-year term; and]
             414          [(h) eight representatives of business or industry within the region appointed jointly by
             415      the members appointed under Subsections (4)(a) through (g);]
             416          [(5)] (4) the Mountainland Applied Technology College Campus Board of Directors
             417      shall be composed of the following 19 members:
             418          (a) one elected local school board member appointed by the board of education for the
             419      Alpine School District;
             420          (b) one elected local school board member appointed by the board of education for the
             421      Nebo School District;
             422          (c) one elected local school board member appointed by the board of education for the
             423      Provo School District;
             424          (d) one elected local school board member appointed by the board of education for the
             425      South Summit School District;
             426          (e) one elected local school board member appointed by the board of education for the
             427      North Summit School District;
             428          (f) one elected local school board member appointed by the board of education for the


             429      Wasatch School District;
             430          (g) one elected local school board member appointed by the board of education for the
             431      Park City School District;
             432          (h) one member of the Utah Valley University board of trustees;
             433          (i) one member of the State Board of Regents designated by the chair of the State
             434      Board of Regents to serve a one-year term; and
             435          (j) ten representatives of business or industry within the region appointed jointly by the
             436      members appointed under Subsections [(5)] (4)(a) through (i);
             437          [(6)] (5) the Uintah Basin Applied Technology College Campus Board of Directors
             438      shall be composed of the following 11 members:
             439          (a) one elected local school board member appointed by the board of education for the
             440      Daggett School District;
             441          (b) one elected local school board member appointed by the board of education for the
             442      Duchesne School District;
             443          (c) one elected local school board member appointed by the board of education for the
             444      Uintah School District;
             445          (d) one member of the Utah State University board of trustees;
             446          (e) one member of the State Board of Regents designated by the chair of the State
             447      Board of Regents to serve a one-year term; and
             448          (f) six representatives of business or industry within the region appointed jointly by the
             449      members appointed under Subsections [(6)] (5)(a) through (e);
             450          [(7)] (6) the Southwest Applied Technology College Campus Board of Directors shall
             451      be composed of the following 13 members:
             452          (a) one elected local school board member appointed by the board of education for the
             453      Beaver School District;
             454          (b) one elected local school board member appointed by the board of education for the
             455      Garfield School District;
             456          (c) one elected local school board member appointed by the board of education for the
             457      Iron School District;
             458          (d) one elected local school board member appointed by the board of education for the
             459      Kane School District;


             460          (e) one member of the Southern Utah University board of trustees;
             461          (f) one member of the State Board of Regents designated by the chair of the State
             462      Board of Regents to serve a one-year term; and
             463          (g) seven representatives of business or industry within the region appointed jointly by
             464      the members appointed under Subsections [(7)] (6)(a) through (f);
             465          [(8)] (7) the Dixie Applied Technology College Campus Board of Directors shall be
             466      composed of the following 11 members:
             467          (a) three elected local school board members appointed by the board of education for
             468      the Washington School District;
             469          (b) one member of the Dixie State College of Utah board of trustees;
             470          (c) one member of the State Board of Regents designated by the chair of the State
             471      Board of Regents to serve a one-year term; and
             472          (d) six representatives of business or industry within the region appointed jointly by the
             473      members appointed under Subsections [(8)] (7)(a) through (c); and
             474          [(9)] (8) the representatives of business or industry shall be appointed jointly by the
             475      designated members from a list of names provided by local organizations or associations whose
             476      members employ workers with applied technology education.
             477          Section 9. Section 53B-16-204 is amended to read:
             478           53B-16-204. Salt Lake Skills Center -- Role and mission -- Supervision and
             479      administration.
             480          (1) (a) There is hereby established a Salt Lake Skills Center.
             481          (b) The center shall provide short-term, intensive, noncredit, [vocational-technical
             482      training specifically designed for economically disadvantaged students and educationally
             483      disadvantaged students] applied technology education for both secondary and adult students,
             484      particularly those who are considered to be economically or educationally disadvantaged.
             485          (c) Training at the center shall focus on immediate job entry skills.
             486          (2) (a) The State Board of Regents shall exercise general control and supervision over
             487      the center.
             488          (b) Salt Lake Community College shall administer the center under the board's
             489      supervision.
             490          Section 10. Section 53B-16-209 is enacted to read:


             491          53B-16-209. Salt Lake Community College -- Applied technology education --
             492      Supervision and administration -- Transition -- Institutional mission.
             493          (1) Salt Lake Community College shall:
             494          (a) maintain its institutional mission as a comprehensive community college;
             495          (b) maintain a strong curriculum in applied technology and technical courses at its
             496      campus and within the region it serves which can be transferred to other institutions within the
             497      higher education system, together with lower division courses and courses required for
             498      associate degrees in science, arts, applied science, and applied technology;
             499          (c) partner with school districts in developing an aggressive concurrent enrollment
             500      program as provided in Section 53A-17a-114 ; and
             501          (d) provide for open-entry, open-exit competency-based applied technology education
             502      programs, at the tuition rate approved H. [ by the Utah College of Applied Technology ] in
             502a      accordance with the provisions under Subsection (5) .H for adults
             503      and at no tuition cost to secondary students, that emphasize short-term job training or retraining
             504      for immediate placement in the job market and serve the geographic area encompassing:
             505          (i) the Salt Lake City School District;
             506          (ii) the Granite School District;
             507          (iii) the Jordan School District;
             508          (iv) the Murray School District; and
             509          (v) the new school district created by the division of the Jordan School District.
             510          (2) Salt Lake Community College may not:
             511          (a) offer upper-division course work;
             512          (b) offer awards above the associate degree level; or
             513          (c) exercise any jurisdiction over applied technology education provided by a school
             514      district independently of Salt Lake Community College.
             515          (3) (a) An employee of the Salt Lake/Tooele Applied Technology College Campus
             516      who is transferred to Salt Lake Community College because of the transfer of functions and
             517      responsibilities between the institutions shall have the opportunity to continue employment in a
             518      position that is similar to the employee's previous position.
             519          (b) Salt Lake Community College shall, in good faith ensure that, during the transition
             520      with the Salt Lake/Tooele Applied Technology College Campus, it:
             521          (i) preserves employment positions;


             522          (ii) retains qualified employees in positions that are similar to the employees' previous
             523      positions; and
             524          (iii) transfers employees to other positions on a voluntary basis, with retraining as
             525      necessary.
             526          (c) Salt Lake Community College shall coordinate with the school districts described
             527      under Subsection (1)(d) to provide the employee protections described under this Subsection
             528      (3).
             529          (4) Salt Lake Community College shall report to the Utah College of Applied
             530      Technology by September 30 of each year on the status of and maintenance of the effort for
             531      applied technology education in the region served by Salt Lake Community College, including
             532      access to open-entry, open-exit competency-based applied technology education programs at
             533      the tuition rate approved H. [ by the Utah College of Applied Technology ] in accordance with the
             533a      provisions under Subsection (5) .H for adults and at no
             534      tuition cost to secondary students.
             534a      H. (5) For the 2008-09 and 2009-10 school years, the Utah College of Applied Technology
             534b      shall approve Salt Lake Community College's tuition rate for adult students who tranferred
             534c      from the Salt Lake/Tooele Applied Technology College Campus. .H
             535          Section 11. Section 53B-16-210 is enacted to read:
             536          53B-16-210. Salt Lake Community College -- College advisory council --
             537      Membership -- Duties.
             538          (1) Salt Lake Community College shall have a college advisory council composed of
             539      the following 15 members:
             540          (a) the career and technical education director for the Salt Lake City School District;
             541          (b) the career and technical education director for the Granite School District;
             542          (c) the career and technical education director for the Jordan School District;
             543          (d) the career and technical education director for the Murray School District;
             544          (e) the career and technical education director for the new school district created by the
             545      division of the Jordan School District;
             546          (f) one member of the Salt Lake Community College board of trustees appointed by the
             547      president of Salt Lake Community College;
             548          (g) one member appointed by the executive director of the Department of Workforce
             549      Services; and
             550          (h) eight representatives of business or industry within the region appointed by the
             551      president of Salt Lake Community College from members of the program advisory committees
             552      overseeing career and technical education in the region.


             553          (2) The college advisory council shall:
             554          (a) consult with Salt Lake Community College and school districts within its region
             555      and prepare a comprehensive strategic plan for delivering applied technology education within
             556      its region;
             557          (b) make recommendations regarding what skills are needed for employment in Utah
             558      businesses and industries;
             559          (c) recommend programs based upon the information gathered in accordance with
             560      Subsection (2)(b);
             561          (d) review annual program evaluations;
             562          (e) provide counsel, support, and recommendations for updating and improving the
             563      effectiveness of applied technology education programs and services, including expedited
             564      program approval and termination procedures, consistent with Board of Regents' policy;
             565          (f) monitor program advisory committees and other advisory groups to provide
             566      counsel, support, and recommendations for updating and improving the effectiveness of
             567      training programs and services; and
             568          (g) coordinate with local school boards and districts to protect and enhance the applied
             569      technology education needs of secondary students.
             570          Section 12. Effective date.
             571          This bill takes effect on July 1, 2008.


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