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H.B. 15

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 4, 2009 at 1:38 PM by ddonat. -->              1     

CAREER AND TECHNICAL EDUCATION

             2     
AMENDMENTS

             3     
2009 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Ron Bigelow

             6     
Senate Sponsor: Margaret Dayton

             7     
             8      LONG TITLE
             9      Committee Note:
             10          The Higher Education and Applied Technology Governance Committee recommended
             11      this bill.
             12      General Description:
             13          This bill modifies provisions relating to career and technical education, including
             14      governance structures.
             15      Highlighted Provisions:
             16          This bill:
             17          .    modifies terminology, definitions, and other provisions relating to career and
             18      technical education;
             19          .    modifies the governance structure for post-secondary career and technical
             20      education;
             21          .    modifies the nonvoting membership of the State Board of Education;
             22          .    modifies the membership of the State Board of Regents;
             23          .    modifies the membership, appointment procedures, and duties of the Utah College
             24      of Applied Technology's Board of Trustees;
             25          .    restructures the Salt Lake/Tooele Campus of the Utah College of Applied
             26      Technology as follows:
             27              .    establishes a School of Applied Technology at Salt Lake Community College;


             28              .    transfers the Salt Lake portion of the Salt Lake/Tooele Applied Technology
             29      College to Salt Lake Community College's School of Applied Technology; and
             30              .    retains the Tooele portion of the campus as the Tooele Campus of the Utah
             31      College of Applied Technology;
             32          .    creates a career and technical education board of directors at Salt Lake Community
             33      College and specifies its membership and duties;
             34          .    modifies career and technical education reporting provisions;
             35          .    prohibits the State Board of Regents from conducting a feasibility study or
             36      performing another act relating to merging Utah College of Applied Technology
             37      institutions with another institution of higher education;
             38          .    prohibits UCAT personnel from conducting a feasibility study or performing
             39      another act related to offering a degree or awarding credit;
             40          .    requires legislative appropriations for career and technical education programs at
             41      Salt Lake Community College, Snow College, and the College of Eastern Utah to
             42      be made as separate line items; and
             43          .    makes technical corrections.
             44      Monies Appropriated in this Bill:
             45          None
             46      Other Special Clauses:
             47          This bill takes effect on July 1, 2009.
             48      Utah Code Sections Affected:
             49      AMENDS:
             50          53A-1-101, as last amended by Laws of Utah 2001, First Special Session, Chapter 5
             51          53A-15-202, as last amended by Laws of Utah 2007, Chapter 259
             52          53B-1-101.5, as enacted by Laws of Utah 2001, First Special Session, Chapter 5
             53          53B-1-103, as last amended by Laws of Utah 2003, Chapter 289
             54          53B-1-104, as last amended by Laws of Utah 2006, Chapter 285
             55          53B-2a-101, as last amended by Laws of Utah 2007, Chapter 259
             56          53B-2a-102, as last amended by Laws of Utah 2007, Chapter 259
             57          53B-2a-103, as last amended by Laws of Utah 2007, Chapter 259
             58          53B-2a-104, as last amended by Laws of Utah 2007, Chapter 259


             59          53B-2a-105, as last amended by Laws of Utah 2007, Chapter 259
             60          53B-2a-106, as last amended by Laws of Utah 2007, Chapter 259
             61          53B-2a-107, as last amended by Laws of Utah 2005, Chapter 227
             62          53B-2a-108, as last amended by Laws of Utah 2007, Chapters 259 and 356
             63          53B-2a-109, as last amended by Laws of Utah 2003, Chapter 289
             64          53B-2a-110, as last amended by Laws of Utah 2003, Chapters 233 and 289
             65          53B-2a-111, as last amended by Laws of Utah 2003, Chapter 289
             66          53B-2a-112, as last amended by Laws of Utah 2003, Chapter 289
             67          53B-2a-113, as last amended by Laws of Utah 2005, Chapter 227
             68          53B-6-101, as last amended by Laws of Utah 2001, First Special Session, Chapter 5
             69          53B-16-102, as last amended by Laws of Utah 2001, First Special Session, Chapter 5
             70          53B-16-205, as last amended by Laws of Utah 2003, Chapters 233 and 289
             71          53B-16-206, as enacted by Laws of Utah 2003, Chapter 233
             72          53B-16-207, as enacted by Laws of Utah 2007, Chapter 259
             73          53B-16-208, as enacted by Laws of Utah 2007, Chapter 259
             74      ENACTS:
             75          53B-16-209, Utah Code Annotated 1953
             76          53B-16-210, Utah Code Annotated 1953
             77      REPEALS:
             78          53B-16-204, as enacted by Laws of Utah 1992, Chapter 71
             79      Uncodified Material Affected:
             80      ENACTS UNCODIFIED MATERIAL
             81     
             82      Be it enacted by the Legislature of the state of Utah:
             83          Section 1. Section 53A-1-101 is amended to read:
             84           53A-1-101. State Board of Education -- Members.
             85          (1) Members of the State Board of Education shall be nominated and elected as
             86      provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
             87          (2) (a) In addition to the members designated under Subsection (1), [two members of
             88      the State Board of Regents, appointed by the chair of the State Board of Regents,] the
             89      following members shall serve as nonvoting members of the State Board of Education[.]:


             90          (i) two members of the State Board of Regents, appointed by the chair of the State
             91      Board of Regents; and
             92          (ii) one member of the Utah College of Applied Technology Board of Trustees,
             93      appointed by the chair of the board of trustees.
             94          (b) A nonvoting member shall continue to serve as a member without a set term until
             95      the member is replaced by the chair of the State Board of Regents or the chair of the Utah
             96      College of Applied Technology Board of Trustees, as applicable.
             97          Section 2. Section 53A-15-202 is amended to read:
             98           53A-15-202. Powers of the board.
             99          The State Board of Education:
             100          (1) shall establish minimum standards for [applied technology] career and technical
             101      education programs in the public education system;
             102          (2) may apply for, receive, administer, and distribute funds made available through
             103      programs of federal and state governments to promote and aid [applied technology] career and
             104      technical education;
             105          (3) shall cooperate with federal and state governments to administer programs which
             106      promote and maintain [applied technology] career and technical education;
             107          (4) shall cooperate with the Utah College of Applied Technology, Salt Lake
             108      Community College's School of Applied Technology, Snow College, and the College of
             109      Eastern Utah to ensure that students in the public education system have access to [applied
             110      technology] career and technical education at Utah College of Applied Technology campuses,
             111      Salt Lake Community College's School of Applied Technology, Snow College, and the College
             112      of Eastern Utah;
             113          (5) shall require that before a minor student may participate in clinical experiences as
             114      part of a health care occupation program at a high school or other institution to which the
             115      student has been referred, the student's parent or legal guardian has:
             116          (a) been first given written notice through appropriate disclosure when registering and
             117      prior to participation that the program contains a clinical experience segment in which the
             118      student will observe and perform specific health care procedures that may include personal
             119      care, patient bathing, and bathroom assistance; and
             120          (b) provided specific written consent for the student's participation in the program and


             121      clinical experience; and
             122          (6) shall, after consulting with [local] school districts, charter schools, the Utah
             123      College of Applied Technology, Salt Lake Community College's School of Applied
             124      Technology, Snow College, and the College of Eastern Utah, prepare and submit an annual
             125      report to the governor and to the Legislature's Education Interim Committee by October 31 of
             126      each year detailing:
             127          (a) how the [applied technology] career and technical education needs of secondary
             128      students are being met; and
             129          (b) what access secondary students have to programs offered:
             130          (i) at applied technology colleges; and
             131          (ii) within the regions served by Salt Lake Community College's School of Applied
             132      Technology, Snow College, and the College of Eastern Utah.
             133          Section 3. Section 53B-1-101.5 is amended to read:
             134           53B-1-101.5. Definitions.
             135          As used in this title:
             136          (1) "Board" means the State Board of Regents established in Section 53B-1-103 .
             137          (2) "Career and technical education" means organized educational programs offering
             138      sequences of courses or skill sets directly related to preparing individuals for paid or unpaid
             139      employment in current or emerging occupations that generally do not require a baccalaureate or
             140      advanced degree.
             141          [(2)] (3) "Commissioner" means the commissioner of higher education appointed in
             142      accordance with Section 53B-1-105 .
             143          Section 4. Section 53B-1-103 is amended to read:
             144           53B-1-103. Establishment of State Board of Regents -- Powers and authority.
             145          (1) There is established a State Board of Regents.
             146          (2) (a) [The] Except as provided in Subsection (2)(b), the board is vested with the
             147      control, management, and supervision of the institutions of higher education designated in
             148      Section 53B-1-102 in a manner consistent with the policy and purpose of this title and the
             149      specific powers and responsibilities granted to it.
             150          (b) The board [is vested with the following] may only exercise powers relating to the
             151      Utah College of Applied Technology and its college campuses[:] that are specifically provided


             152      in this title.
             153          [(i) approving each competency-based associate of applied technology degree before
             154      allowing a college campus to offer the degree;]
             155          [(ii) making rules governing the transfer of applied technology education degrees
             156      awarded by the Utah College of Applied Technology to other higher education institutions;]
             157          [(iii) appointing the president for the Utah College of Applied Technology in
             158      accordance with Section 53B-2a-102 and board policy; and]
             159          [(iv) facilitating and coordinating the operation of the Utah College of Applied
             160      Technology within the system of higher education.]
             161          (c) The board shall coordinate and support articulation agreements between the Utah
             162      College of Applied Technology and other institutions of higher education.
             163          (d) The board shall prepare and submit an annual report detailing its progress and
             164      recommendations on career and technical education issues to the governor and to the
             165      Legislature's Education Interim Committee by October 31 of each year, which shall include
             166      information detailing:
             167          (i) how the career and technical education needs of secondary students are being met
             168      by institutions of higher education other than the Utah College of Applied Technology,
             169      including what access secondary students have to programs offered by Salt Lake Community
             170      College's School of Applied Technology, Snow College, and the College of Eastern Utah;
             171          (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
             172      industry is being provided;
             173          (iii) performance outcomes, including:
             174          (A) entered employment;
             175          (B) job retention; and
             176          (C) earnings; and
             177          (iv) student tuition and fees.
             178          [(c)] (e) Except for the Utah College of Applied Technology, the board may modify the
             179      name of an institution under its control and management, as designated in Section 53B-1-102 ,
             180      to reflect the role and general course of study of the institution.
             181          (f) The board may not conduct a feasibility study or perform another act relating to
             182      merging any of the following institutions with another institution of higher education:


             183          (i) the Bridgerland Applied Technology College Campus;
             184          (ii) the Ogden-Weber Applied Technology College Campus;
             185          (iii) the Davis Applied Technology College Campus;
             186          (iv) the Tooele Applied Technology College Campus;
             187          (v) the Mountainland Applied Technology College Campus;
             188          (vi) the Uintah Basin Applied Technology College Campus;
             189          (vii) the Southwest Applied Technology College Campus; and
             190          (viii) the Dixie Applied Technology College Campus.
             191          [(3) The board is the State Postsecondary Review Entity for Utah for purposes of Title
             192      IV, Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education
             193      Act Amendments of 1992.]
             194          [(4)] (3) This section does not affect the power and authority vested in the State Board
             195      of Education to apply for, accept, and manage federal appropriations for the establishment and
             196      maintenance of [applied technology] career and technical education.
             197          Section 5. Section 53B-1-104 is amended to read:
             198           53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
             199      Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
             200          (1) (a) The board shall consist of [18] 19 residents of the state.
             201          (b) (i) Fifteen members shall be appointed by the governor with the consent of the
             202      Senate.
             203          (ii) (A) One additional member shall be appointed by the governor from nominations
             204      of the student body presidents council.
             205          (B) The council shall nominate three qualified, matriculated students enrolled in the
             206      state institutions of higher education.
             207          (C) Student body presidents are not eligible for nomination.
             208          (iii) All appointments to the board shall be made on a nonpartisan basis.
             209          (iv) In making appointments to the board, the governor shall select:
             210          (A) individuals from the state at large with due consideration for geographical
             211      representation; and
             212          (B) at least three individuals with personal experience in [applied technology] career
             213      and technical education, which could include service on a campus board of directors.


             214          (c) (i) In addition to the members designated under Subsection (1)(b), two members of
             215      the State Board of Education, appointed by the chair of the State Board of Education, shall
             216      serve as nonvoting members of the board.
             217          (ii) A nonvoting State Board of Education member shall continue to serve as a member
             218      without a set term until the member is replaced by the chair of the State Board of Education.
             219          (d) (i) In addition to the members designated under Subsection (1)(b), one member of
             220      the Utah College of Applied Technology Board of Trustees, appointed by the chair of the Utah
             221      College of Applied Technology Board of Trustees, shall serve as a nonvoting member of the
             222      board.
             223          (ii) A nonvoting Utah College of Applied Technology Board of Trustees member shall
             224      continue to serve as a member without a set term until the member is replaced by the chair of
             225      the Utah College of Applied Technology Board of Trustees.
             226          (2) (a) Five members of the board, other than the student member [and], the State
             227      Board of Education members, and the Utah College of Applied Technology Board of Trustees
             228      member, shall be appointed during each odd-numbered year to six-year staggered terms which
             229      commence on July 1 of the year of appointment.
             230          (b) (i) The student member shall be appointed for a one-year term and may be
             231      reappointed for one additional term.
             232          (ii) The student member has full voting rights and may vote on selection of a board
             233      chair or vice chair, but not serve in either office.
             234          (c) Board members shall hold office until their successors have been appointed and
             235      qualified.
             236          (3) (a) Each member of the board shall take the official oath of office before entering
             237      upon the duties of office.
             238          (b) The oath shall be filed with the Division of Archives and Records Services.
             239          (4) The board shall elect a chair and vice chair from its members who shall serve terms
             240      of two years and until their successors are chosen and qualified.
             241          (5) (a) The board shall appoint a secretary from the staff of its chief executive to serve
             242      at its discretion.
             243          (b) The secretary shall be a full-time employee who receives a salary set by the board.
             244          (c) The secretary shall record and maintain a record of all board meetings and perform


             245      other duties as the board directs.
             246          (6) The board shall appoint a treasurer who serves at the discretion of the board.
             247          (7) (a) The board may establish advisory committees.
             248          (b) The powers and authority of the board are nondelegable, except as specifically
             249      provided for in this title.
             250          (c) All matters requiring board determination shall be addressed in a properly convened
             251      meeting of the board or its executive committee.
             252          (8) The board shall enact bylaws for its own government not inconsistent with the
             253      constitution or the laws of this state.
             254          (9) (a) The board shall meet regularly upon its own determination.
             255          (b) The board may also meet, in full or executive session, at the request of its chair, its
             256      executive officer, or five members of the board.
             257          (10) A quorum of the voting members of the board is required to conduct its business
             258      and consists of nine members.
             259          (11) (a) A vacancy in the board occurring before the expiration of a voting member's
             260      full term shall be immediately filled by appointment by the governor with the consent of the
             261      Senate.
             262          (b) The appointee serves for the remainder of the unexpired term.
             263          (12) (a) Each member of the board shall receive a per diem as provided by law as
             264      compensation for services for attending meetings of the board.
             265          (b) Each member shall also be paid actual expenses incurred for attending meetings of
             266      the board or its committees or for attending to any business of the institutions under the
             267      direction of the board or authority of the board or its committees.
             268          Section 6. Section 53B-2a-101 is amended to read:
             269           53B-2a-101. Definitions.
             270          As used in this chapter:
             271          [(2)] (1) "Board of trustees" means the Utah College of Applied Technology Board of
             272      Trustees.
             273          [(1) "Applied technology education" means organized educational programs offering
             274      sequences of courses or skill sets directly related to preparing individuals for paid or unpaid
             275      employment in current or emerging occupations that do not require a baccalaureate or advanced


             276      degree.]
             277          [(3)] (2) "College campus" means a college campus of the Utah College of Applied
             278      Technology.
             279          [(4)] (3) "Competency-based" means mastery of subject matter or skill level, as
             280      demonstrated through business and industry approved standards and assessments, achieved
             281      through participation in a hands-on learning environment, and which is tied to observable,
             282      measurable performance objectives.
             283          [(5) "High wage jobs" means jobs with an annual salary at or above the median salary
             284      in the service region of the college campus.]
             285          [(6)] (4) "Open-entry, open-exit" means:
             286          (a) a method of instructional delivery that allows for flexible scheduling in response to
             287      individual student needs or requirements and demonstrated competency when knowledge and
             288      skills have been mastered; [and]
             289          (b) students have the flexibility to begin or end study at any time, progress through
             290      course material at their own pace, and demonstrate competency when knowledge and skills
             291      have been mastered[. If]; and
             292          (c) if competency is demonstrated in a program of study, a credential, certificate, or
             293      diploma[, or degree] may be awarded.
             294          Section 7. Section 53B-2a-102 is amended to read:
             295           53B-2a-102. President -- Appointment -- Duties.
             296          (1) (a) The board of trustees shall appoint a president for the Utah College of Applied
             297      Technology.
             298          (b) The president of the Utah College of Applied Technology does not need to have a
             299      doctorate degree, but shall have extensive experience in [applied technology] career and
             300      technical education.
             301          (c) The president shall serve at the [board's] board of trustees' discretion.
             302          (d) The names of the final candidates for president of the Utah College of Applied
             303      Technology shall be publicly disclosed.
             304          [(e) The chair and vice chair of the Utah College of Applied Technology Board of
             305      Trustees shall be members of the search committee for the president.]
             306          (2) The president shall:


             307          (a) direct the Utah College of Applied Technology and coordinate the activities of each
             308      of its college campuses;
             309          [(b) in cooperation with the board of trustees and with the approval of the board,
             310      develop a competency-based associate of applied technology degree;]
             311          [(c) ensure that, pursuant to State Board of Regents' rules, an applied technology
             312      education degree is primarily a terminal degree, but is transferable to a bachelor's degree in
             313      applied technology at other higher education institutions under specific articulation
             314      agreements;]
             315          [(d)] (b) in consultation with the board of trustees, campus presidents, and campus
             316      boards of directors, prepare a comprehensive strategic plan for delivering [applied technology]
             317      career and technical education through the Utah College of Applied Technology college
             318      campuses;
             319          [(e)] (c) after consulting with [local] school districts, charter schools, and other higher
             320      education institutions in the regions, ensure that the curricula of the Utah College of Applied
             321      Technology meet the needs of the state, the regions, [and] the [local] school districts, and
             322      charter schools;
             323          [(f)] (d) in consultation with the board of trustees, campus presidents, and campus
             324      boards of directors, and after consulting with [local] school districts, charter schools, and other
             325      higher education institutions in the region, develop strategies for providing [applied
             326      technology] career and technical education in rural areas, specifically considering the distances
             327      between rural [applied technology] career and technical education providers;
             328          [(g)] (e) establish minimum standards for [applied technology] career and technical
             329      education programs of the Utah College of Applied Technology college campuses;
             330          [(h)] (f) in conjunction with the board of trustees, do the following:
             331          (i) develop and implement a system of common definitions, standards, and criteria for
             332      tracking and measuring the effectiveness of [applied technology] career and technical
             333      education;
             334          (ii) maintain a central administration office for coordination, prioritization, support,
             335      and reporting of college functions dealing with:
             336          (A) budgets and audits;
             337          (B) facilities, including capital, capital development, and leases;


             338          (C) management information systems;
             339          (D) campus and college master planning efforts;
             340          (E) strategic planning;
             341          (F) articulation with institutions of higher education and public education;
             342          [(F)] (G) legislative, State System of Public Education, State System of Higher
             343      Education, and Board of Regents contact;
             344          [(G)] (H) general data collection; and
             345          [(H)] (I) programs, certificates, and curriculum; and
             346          (iii) develop and implement a plan to inform citizens about the availability, cost, and
             347      advantages of [applied technology] career and technical education;
             348          [(i)] (g) after consulting with the State Board of Education [and local], school districts,
             349      and charter schools, ensure that secondary students in the public education system have access
             350      to [applied technology] career and technical education through the Utah College of Applied
             351      Technology college campuses; [and]
             352          [(j) provide expertise and monitor applied technology education within the regions
             353      served by Snow College and the College of Eastern Utah in accordance with Sections
             354      53B-16-205 and 53B-16-207 .]
             355          (h) in conjunction with the board of trustees, establish benchmarks, provide oversight,
             356      evaluate program performance, and obtain independent audits to ensure that college campuses
             357      follow the non-credit career and technical education mission described in this part; and
             358          (i) with the approval of the board of trustees, appoint campus presidents in accordance
             359      with Section 53B-2a-107 and set their compensation annually.
             360          Section 8. Section 53B-2a-103 is amended to read:
             361           53B-2a-103. Utah College of Applied Technology Board of Trustees --
             362      Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
             363      Compensation.
             364          (1) There is created the Utah College of Applied Technology Board of Trustees,
             365      composed of the following members:
             366          (a) [two members] one member of the State Board of Education appointed by the
             367      [governor with the consent of the Senate] chair of the State Board of Education, to serve as a
             368      nonvoting member;


             369          (b) [two members] one member of the State Board of Regents appointed by the
             370      [governor with the consent of the Senate] chair of the State Board of Regents, to serve as a
             371      nonvoting member;
             372          (c) one member representing business and industry employers from the [regional]
             373      campus board of directors of each [regional] applied technology college campus appointed by a
             374      majority vote of the business and industry employer members of the [regional] campus board;
             375          (d) one member representing business and industry employers from the Snow College
             376      [applied technology] career and technical education advisory committee appointed by a
             377      majority of the business and industry members of the advisory committee;
             378          (e) one member representing business and industry employers from the College of
             379      Eastern Utah [applied technology] career and technical education advisory committee
             380      appointed by a majority of the business and industry employer members of the advisory
             381      committee; [and]
             382          (f) one member representing business and industry employers from the Salt Lake
             383      Community College School of Applied Technology Board of Directors appointed by a majority
             384      of the business and industry employer members of the board of directors;
             385          [(f)] (g) one business or industry employer representative appointed by the governor
             386      with the consent of the Senate from nominations submitted by the speaker of the House of
             387      Representatives and president of the Senate[.];
             388          (h) one representative of union craft, trade, or apprenticeship programs that prepare
             389      workers for employment in career and technical education fields, appointed by the governor
             390      with the consent of the Senate;
             391          (i) one representative of non-union craft, trade, or apprenticeship programs that prepare
             392      workers for employment in career and technical education fields, appointed by the governor
             393      with the consent of the Senate;
             394          (j) the H. [ executive director of the Department of Workforce Services or the executive
             395      director's designee
] commissioner of higher education .H
; and
             396          (k) the executive director of the Governor's Office of Economic Development or the
             397      executive director's designee.
             398          (2) (a) In making appointments to the board of trustees, the governor shall consider:
             399          (i) individuals from the state at large with due consideration for geographical


             400      representation;
             401          (ii) individuals recognized for their knowledge and expertise; and
             402          (iii) individuals who represent current and emerging business and industry sectors of
             403      the state.
             404          (b) Appointments to the board shall be made on a nonpartisan basis.
             405          [(2)] (3) (a) [The] Except as provided under Subsection (3)(b), members of the board of
             406      trustees shall be appointed commencing on [September 1 of the year of appointment to:] July 1
             407      of each odd-numbered year to a four-year term.
             408          [(i) two-year terms for the members described in Subsections (1)(a) and (b); and]
             409          [(ii) four-year terms for the members described in Subsections (1)(c) through (f).]
             410          (b) Initial terms of the board members beginning on July 1, 2009 shall be staggered
             411      with two-year and four-year terms so that approximately one-half of the members' terms will
             412      expire in any odd-numbered year.
             413          [(b)] (c) An appointed member holds office until a successor is appointed and
             414      qualified.
             415          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             416      appointed for the unexpired term.
             417          (4) (a) Each member shall take the official oath of office prior to assuming the office.
             418          (b) The oath shall be filed with the Division of Archives and Records Services.
             419          (5) The board of trustees shall elect a chair and vice chair, who serve for two years and
             420      until their successors are elected and qualified.
             421          (6) (a) The board of trustees may enact bylaws for its own government, including
             422      provision for regular meetings.
             423          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             424          (ii) If established, the committee shall have full authority of the board of trustees to act
             425      upon routine matters during the interim between board of trustees meetings.
             426          (iii) The committee may act on nonroutine matters only under extraordinary and
             427      emergency circumstances.
             428          (iv) The committee shall report its activities to the board of trustees at its next regular
             429      meeting following the action.
             430          [(c) Copies of the board of trustees' bylaws shall be filed with the Board of Regents.]


             431          (7) A quorum shall be required to conduct business which shall consist of a majority of
             432      voting board of trustee members.
             433          (8) The board of trustees may establish advisory committees.
             434          (9) (a) (i) Members who are not government employees shall receive no compensation
             435      or benefits for their services, but may receive per diem and expenses incurred in the
             436      performance of the member's official duties at the rates established by the Division of Finance
             437      under Sections 63A-3-106 and 63A-3-107 .
             438          (ii) Members may decline to receive per diem and expenses for their service.
             439          (b) (i) State government officer and employee members who do not receive salary, per
             440      diem, or expenses from their agency for their service may receive per diem and expenses
             441      incurred in the performance of their official duties from the board of trustees at the rates
             442      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             443          (ii) State government officer and employee members may decline to receive per diem
             444      and expenses for their service.
             445          (c) (i) Higher education members who do not receive salary, per diem, or expenses
             446      from the entity that they represent for their service may receive per diem and expenses incurred
             447      in the performance of their official duties from the board of trustees at the rates established by
             448      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             449          (ii) Higher education members may decline to receive per diem and expenses for their
             450      service.
             451          Section 9. Section 53B-2a-104 is amended to read:
             452           53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers
             453      and duties.
             454          (1) The Utah College of Applied Technology Board of Trustees is vested with the
             455      control, management, and supervision of the Utah College of Applied Technology college
             456      campuses in a manner consistent with the policy and purpose of this title and the specific
             457      powers and responsibilities granted to it.
             458          (2) The Utah College of Applied Technology Board of Trustees shall:
             459          [(1) in cooperation with the president of the Utah College of Applied Technology, and
             460      with the approval of the State Board of Regents, develop competency-based associate of
             461      applied technology degrees to be offered by the Utah College of Applied Technology;]


             462          [(2) approve the courses and requirements for the associate of applied technology
             463      degrees;]
             464          [(3) ensure that, pursuant to State Board of Regents' rules, an applied technology
             465      education degree is primarily a terminal degree, but is transferable to a bachelor's degree in
             466      applied technology at other higher education institutions under specific articulation
             467      agreements;]
             468          [(4)] (a) ensure that the Utah College of Applied Technology college campuses comply
             469      with the requirements in Section 53B-2a-106 ;
             470          (b) appoint the president for the Utah College of Applied Technology in accordance
             471      with Section 53B-2a-102 ;
             472          [(5)] (c) advise the president of the Utah College of Applied Technology and the State
             473      Board of Regents on issues related to [applied technology] career and technical education,
             474      including articulation with institutions of higher education and public education;
             475          [(6)] (d) receive budget requests from each college campus, compile and prioritize the
             476      requests, and submit the request to:
             477          [(a)] (i) the Legislature; and
             478          [(b)] (ii) the Governor's Office of Planning and Budget;
             479          [(7)] (e) receive funding requests pertaining to capital facilities and land purchases
             480      from each college campus, ensure that the requests comply with Section 53B-2a-112 , prioritize
             481      the requests, and submit the prioritized requests to the State Building Board;
             482          (f) in conjunction with the Utah College of Applied Technology president, establish
             483      benchmarks, provide oversight, evaluate program performance, and obtain independent audits
             484      to ensure that campuses follow the non-credit career and technical education mission described
             485      in this part;
             486          (g) approve programs for the Utah College of Applied Technology;
             487          (h) approve the tuition rates for the Utah College of Applied Technology;
             488          [(8)] (i) prepare and submit an annual report detailing its progress and
             489      recommendations on [applied technology] career and technical education issues to the governor
             490      and to the Legislature's Education Interim Committee by October 31 of each year, which shall
             491      include information detailing:
             492          [(a)] (i) how the [applied technology] career and technical education needs of


             493      secondary students are being met, including what access secondary students have to programs
             494      offered at college campuses; [and]
             495          [(b)] (ii) how the emphasis on high demand, high wage, and high skill jobs in business
             496      and industry described in Subsection 53B-2a-106 (1)(c)(ii) is being provided; [and]
             497          (iii) performance outcomes, including:
             498          (A) entered employment;
             499          (B) job retention; and
             500          (C) earnings; and
             501          [(c) what access secondary students have to programs offered:]
             502          [(i) at college campuses; and]
             503          [(ii) within the regions served by Snow College, and the College of Eastern Utah;]
             504          [(9) receive, by September 30 of each year, an annual report from Snow College and
             505      the College of Eastern Utah on the status of and maintenance of the effort for applied
             506      technology education in the regions served by Snow College and the College of Eastern Utah,
             507      including access to open-entry, open-exit competency-based applied technology education
             508      programs at the tuition rate approved by the Utah College of Applied Technology for adults
             509      and at no tuition cost to secondary students; and]
             510          [(10) perform other duties and responsibilities prescribed under the policies of the State
             511      Board of Regents.]
             512          (iv) student tuition and fees; and
             513          (j) collaborate with the State Board of Regents, the State Board of Education, the State
             514      System of Public Education, the State System of Higher Education, the Department of
             515      Workforce Services, and the Governor's Office of Economic Development on the delivery of
             516      career and technical education.
             517          (3) The Utah College of Applied Technology Board of Trustees, the president of the
             518      Utah College of Applied Technology, and the Utah College of Applied Technology's college
             519      campuses, presidents, and boards of directors may not conduct a feasibility study or perform
             520      another act relating to offering a degree or awarding credit.
             521          Section 10. Section 53B-2a-105 is amended to read:
             522           53B-2a-105. Utah College of Applied Technology -- Composition.
             523          The Utah College of Applied Technology is composed of the following college


             524      campuses:
             525          (1) the Bridgerland Applied Technology College Campus which serves the geographic
             526      area encompassing:
             527          (a) the Box Elder School District;
             528          (b) the Cache School District;
             529          (c) the Logan School District; and
             530          (d) the Rich School District;
             531          (2) the Ogden-Weber Applied Technology College Campus which serves the
             532      geographic area encompassing:
             533          (a) the Ogden City School District; and
             534          (b) the Weber School District;
             535          (3) the Davis Applied Technology College Campus which serves the geographic area
             536      encompassing:
             537          (a) the Davis School District; and
             538          (b) the Morgan School District;
             539          (4) the [Salt Lake/Tooele] Tooele Applied Technology College Campus which serves
             540      the geographic area encompassing[:] the Tooele County School District;
             541          [(a) the Salt Lake City School District;]
             542          [(b) the Granite School District;]
             543          [(c) the Jordan School District;]
             544          [(d) the Murray School District; and]
             545          [(e) the Tooele School District;]
             546          (5) the Mountainland Applied Technology College Campus which serves the
             547      geographic area encompassing:
             548          (a) the Alpine School District;
             549          (b) the Nebo School District;
             550          (c) the Provo School District;
             551          (d) the South Summit School District;
             552          (e) the North Summit School District;
             553          (f) the Wasatch School District; and
             554          (g) the Park City School District;


             555          (6) the Uintah Basin Applied Technology College Campus which serves the
             556      geographic area encompassing:
             557          (a) the Daggett School District;
             558          (b) the Duchesne School District; and
             559          (c) the Uintah School District;
             560          (7) the Southwest Applied Technology College Campus which serves the geographic
             561      area encompassing:
             562          (a) the Beaver School District;
             563          (b) the Garfield School District;
             564          (c) the Iron School District; and
             565          (d) the Kane School District; and
             566          (8) the Dixie Applied Technology College Campus which serves the geographic area
             567      encompassing the Washington School District.
             568          Section 11. Section 53B-2a-106 is amended to read:
             569           53B-2a-106. College campuses -- Duties.
             570          (1) Each Utah College of Applied Technology college campus shall, within the
             571      geographic area served by the college campus:
             572          (a) offer a non-credit post-secondary and [extra-secondary applied technology]
             573      secondary career and technical education curriculum;
             574          (b) offer that curriculum at:
             575          (i) [market] low cost to adult students, as approved by the board of trustees [and the
             576      State Board of Regents]; and
             577          (ii) no tuition to secondary students [within the campus' jurisdiction];
             578          (c) provide [applied technology] career and technical education that will result in:
             579          (i) appropriate licensing, certification, or other evidence of completion of training; and
             580          (ii) qualification for specific employment, with an emphasis on high demand, high
             581      wage, and high skill jobs in business and industry;
             582          [(d) offer associate of applied technology degrees that have:]
             583          [(i) instruction provided in an open-entry, open-exit environment, except as required by
             584      external entities; and]
             585          [(ii) been reviewed by the board of trustees and approved by the State Board of


             586      Regents in accordance with Section 53B-1-103 ;]
             587          [(e)] (d) develop cooperative agreements with [local] school districts, charter schools,
             588      other higher education institutions, businesses, industries, and community and private agencies
             589      to maximize the availability of instructional facilities within the geographic area served by the
             590      college campus; and
             591          [(f)] (e) after consulting with [local] school districts and charter schools within the
             592      geographic area served by the college campus:
             593          (i) ensure that secondary students in the public education system have access to
             594      [applied technology] career and technical education at each college campus; and
             595          (ii) prepare and submit an annual report to the Utah College of Applied Technology
             596      detailing:
             597          (A) how the [applied technology] career and technical education needs of secondary
             598      students within the region are being met;
             599          (B) what access secondary students within the region have to programs offered at
             600      college campuses; [and]
             601          (C) how the emphasis on high demand, high wage, high skill jobs in business and
             602      industry described in Subsection (1)(c)(ii) is being provided[.]; and
             603          (D) student tuition and fees.
             604          (2) A college campus may offer:
             605          (a) a competency-based high school diploma approved by the State Board of Education
             606      in accordance with Section 53A-1-402 [.];
             607          (b) non-credit, basic instruction in areas such as reading, language arts, and
             608      mathematics that are necessary for student success in a chosen career and technical education
             609      or job-related program; and
             610          (c) non-credit courses of interest when similar offerings to the community are limited
             611      and courses are financially self-supporting.
             612          (3) A college campus may not:
             613          (a) offer courses other than [applied technology education and preparatory instruction
             614      in areas such as reading and mathematics that are necessary for student success in a chosen
             615      applied technology education or job-related program] non-credit career and technical education
             616      or the non-credit, basic instruction described in Subsections (2)(b) and (c);


             617          (b) offer a degree [other than an associate of applied technology degree approved by
             618      the State Board of Regents in accordance with Section 53B-1-103 ];
             619          (c) offer career and technical education or basic instruction outside the geographic area
             620      served by the college campus without a cooperative agreement between an affected institution
             620a      H. , except as provided in Subsection (6) .H ;
             621          [(c)] (d) provide tenure or academic rank for its instructors; and
             622          [(d)] (e) participate in intercollegiate athletics.
             623          (4) [(a)] The mission of a college campus is limited to [applied technology] non-credit
             624      career and technical education and may not expand to include credit-based academic programs
             625      typically offered by community colleges or other institutions of higher education.
             626          [(b) A college campus may not offer a noncredit academic program that is offered as a
             627      noncredit program by another higher education institution that is located in the same service
             628      region unless the program has received approval through the regional planning process required
             629      by the State Board of Regents.]
             630          [(c) If a program is approved to be offered at more than one institution of higher
             631      education through the regional planning process required by the State Board of Regents, the
             632      institutions within that region shall agree to a uniform tuition for that program and submit the
             633      proposed tuition level to the State Board of Regents for approval.]
             634          (5) [Each] A campus shall be recognized as a college campus of the Utah College of
             635      Applied Technology, and regional affiliation shall be retained and recognized through local
             636      designations such as "Bridgerland Applied Technology College: A Utah College of Applied
             637      Technology Campus."
             637a           H. (6)(a) A college campus may offer career and technical education or basic
             637b      instruction outside the geographic area served by the college campus without a cooperative
             637c      agreement, as required in Subsection (3)(c), if:
             637d          (i) the career and technical education or basic instruction is specifically requested by:
             637e          (A) an employer; or
             637f          (B) a craft, trade, or apprenticeship program;
             637g          (ii) the college campus notifies the affected institution about the request; and
             637h          (iii) the affected institution is given an opportunity to make a proposal, prior to any
             637i      contract being finalized or training being initiated by the college campus, to the employer,
             637j      craft, trade, or apprenticeship program about offering the requested career and technical
             637k      education or basic instruction, provided that the proposal shall be presented no later than one
             637l      business week from the delivery of the notice described under Subsection (6)(b).


             637m          (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
             637n      training relationship. .H
             638          Section 12. Section 53B-2a-107 is amended to read:
             639           53B-2a-107. Campus presidents -- Appointments -- Duties.
             640          (1) (a) The president of the Utah College of Applied Technology shall, after
             641      consultation with a campus board of directors and with the approval of the board of trustees,
             642      appoint a campus president for a college campus[ from a list of at least three names submitted
             643      to the president by the campus board of directors to].
             644          (b) A campus president shall serve as the chief administrative officer of the college
             645      campus.
             646          [(b)] (c) A campus president does not need to have a doctorate degree, but shall have
             647      extensive experience in [applied technology] career and technical education.


             648          [(c)] (d) A campus president is subject to regular review and evaluation administered
             649      by the Utah College of Applied Technology president, in cooperation with the campus board of
             650      directors, through a process approved by the board of trustees.
             651          [(d)] (e) A campus president serves at the discretion of the Utah College of Applied
             652      Technology president, in cooperation with the campus board of directors and the board of
             653      trustees.
             654          (2) Each campus president of a college campus shall:
             655          (a) serve as the executive officer of the campus board of directors;
             656          (b) administer the day-to-day operations of the college campus [under the direction of];
             657          (c) consult with the campus board of directors; and
             658          [(c)] (d) administer human resource policies and employee compensation plans in
             659      accordance with the requirements of the Utah College of Applied Technology Board of
             660      Trustees.
             661          Section 13. Section 53B-2a-108 is amended to read:
             662           53B-2a-108. Campus boards of directors -- Membership -- Appointments.
             663          [Each] A campus shall have a campus board of directors appointed as follows:
             664          (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
             665      composed of the following [13] 12 members:
             666          (a) one elected local school board member appointed by the board of education for the
             667      Box Elder School District;
             668          (b) one elected local school board member appointed by the board of education for the
             669      Cache School District;
             670          (c) one elected local school board member appointed by the board of education for the
             671      Logan School District;
             672          (d) one elected local school board member appointed by the board of education for the
             673      Rich School District;
             674          (e) one member of the Utah State University board of trustees; and
             675          [(f) one member of the State Board of Regents designated by the chair of the State
             676      Board of Regents to serve a one-year term; and]
             677          [(g) seven] (f) seven representatives of business or industry employers within the
             678      region appointed jointly by the members appointed under Subsections (1)(a) through [(f)] (e);


             679          (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
             680      composed of the following [11] ten members:
             681          (a) one elected local school board member appointed by the board of education for the
             682      Ogden City School District;
             683          (b) one elected local school board member appointed by the board of education for the
             684      Weber School District;
             685          (c) one elected local school board member jointly appointed by the boards of education
             686      for the Ogden City School District and the Weber School District;
             687          (d) one member of the Weber State University board of trustees; and
             688          [(e) one member of the State Board of Regents designated by the chair of the State
             689      Board of Regents to serve a one-year term; and]
             690          [(f) six] (e) six representatives of business or industry employers within the region
             691      appointed jointly by the members appointed under Subsections (2)(a) through [(e)] (d);
             692          (3) the Davis Applied Technology College Campus Board of Directors shall be
             693      composed of the following [11] ten members:
             694          (a) one elected local school board member appointed by the board of education for the
             695      Davis School District;
             696          (b) one elected local school board member appointed by the board of education for the
             697      Morgan School District;
             698          (c) one elected local school board member jointly appointed by the boards of education
             699      for the Davis School District and the Morgan School District;
             700          (d) one member of the Weber State University board of trustees;
             701          [(e) one member of the State Board of Regents designated by the chair of the State
             702      Board of Regents to serve a one-year term; and]
             703          [(f) six] (e) six representatives of business or industry employers within the region
             704      appointed jointly by the members appointed under Subsections (3)(a) through [(e)] (d); and
             705          (4) the [Salt Lake/Tooele] Tooele Applied Technology College Campus Board of
             706      Directors shall be composed of the following [15] 12 members:
             707          [(a) one elected local school board member appointed by the board of education for the
             708      Salt Lake City School District;]
             709          [(b) one elected local school board member appointed by the board of education for the


             710      Granite School District;]
             711          [(c) one elected local school board member appointed by the board of education for the
             712      Jordan School District;]
             713          [(d) one elected local school board member appointed by the board of education for the
             714      Murray School District;]
             715          [(e) one] (a) three elected local school board [member] members appointed by the
             716      board of education for the Tooele County School District;
             717          [(f)] (b) one member of the Salt Lake Community College board of trustees;
             718          [(g) one member of the State Board of Regents designated by the chair of the State
             719      Board of Regents to serve a one-year term; and]
             720          (c) one member of the Utah State University board of trustees; and
             721          [(h) eight] (d) seven representatives of business or industry employers within the
             722      region appointed jointly by the members appointed under Subsections (4)(a) through [(g)] (c);
             723          (5) the Mountainland Applied Technology College Campus Board of Directors shall be
             724      composed of the following [19] 18 members:
             725          (a) one elected local school board member appointed by the board of education for the
             726      Alpine School District;
             727          (b) one elected local school board member appointed by the board of education for the
             728      Nebo School District;
             729          (c) one elected local school board member appointed by the board of education for the
             730      Provo School District;
             731          (d) one elected local school board member appointed by the board of education for the
             732      South Summit School District;
             733          (e) one elected local school board member appointed by the board of education for the
             734      North Summit School District;
             735          (f) one elected local school board member appointed by the board of education for the
             736      Wasatch School District;
             737          (g) one elected local school board member appointed by the board of education for the
             738      Park City School District;
             739          (h) one member of the Utah Valley University board of trustees;
             740          [(i) one member of the State Board of Regents designated by the chair of the State


             741      Board of Regents to serve a one-year term; and]
             742          [(j) ten] (i) ten representatives of business or industry employers within the region
             743      appointed jointly by the members appointed under Subsections (5)(a) through [(i)] (h); and
             744          (6) the Uintah Basin Applied Technology College Campus Board of Directors shall be
             745      composed of the following [11] ten members:
             746          (a) one elected local school board member appointed by the board of education for the
             747      Daggett School District;
             748          (b) one elected local school board member appointed by the board of education for the
             749      Duchesne School District;
             750          (c) one elected local school board member appointed by the board of education for the
             751      Uintah School District;
             752          (d) one member of the Utah State University board of trustees; and
             753          [(e) one member of the State Board of Regents designated by the chair of the State
             754      Board of Regents to serve a one-year term; and]
             755          [(f) six] (e) six representatives of business or industry employers within the region
             756      appointed jointly by the members appointed under Subsections (6)(a) through [(e)] (d);
             757          (7) the Southwest Applied Technology College Campus Board of Directors shall be
             758      composed of the following [13] 12 members:
             759          (a) one elected local school board member appointed by the board of education for the
             760      Beaver School District;
             761          (b) one elected local school board member appointed by the board of education for the
             762      Garfield School District;
             763          (c) one elected local school board member appointed by the board of education for the
             764      Iron School District;
             765          (d) one elected local school board member appointed by the board of education for the
             766      Kane School District;
             767          (e) one member of the Southern Utah University board of trustees; and
             768          [(f) one member of the State Board of Regents designated by the chair of the State
             769      Board of Regents to serve a one-year term; and]
             770          [(g) seven] (f) seven representatives of business or industry employers within the
             771      region appointed jointly by the members appointed under Subsections (7)(a) through [(f)] (e);


             772          (8) the Dixie Applied Technology College Campus Board of Directors shall be
             773      composed of the following [11] ten members:
             774          (a) three elected local school board members appointed by the board of education for
             775      the Washington School District;
             776          (b) one member of the Dixie State College of Utah board of trustees; and
             777          [(c) one member of the State Board of Regents designated by the chair of the State
             778      Board of Regents to serve a one-year term; and]
             779          [(d) six] (c) six representatives of business or industry employers within the region
             780      appointed jointly by the members appointed under Subsections (8)(a) through [(c)] (b); and
             781          (9) the representatives of business or industry employers shall be:
             782          (a) appointed jointly by the designated members from a list of names provided by local
             783      organizations or associations whose members employ workers with [applied technology] career
             784      and technical education[.];
             785          (b) individuals recognized for their knowledge and expertise;
             786          (c) individuals who represent current and emerging business and industry sectors of the
             787      state; and
             788          (d) appointed on a nonpartisan basis.
             789          Section 14. Section 53B-2a-109 is amended to read:
             790           53B-2a-109. Campus boards of directors -- Terms -- Quorum -- Chair--
             791      Compensation.
             792          (1) (a) At the first meeting of a campus board of directors after [September 1, 2001]
             793      July 1, 2009:
             794          (i) the representatives from the local school boards shall divide up their positions so
             795      that approximately half of them serve for two-year terms and half serve for four-year terms;
             796      and
             797          (ii) the representatives from business and industry employers shall divide up their
             798      positions so that approximately half of them serve for two-year terms and half serve for
             799      four-year terms.
             800          (b) Except as provided in Subsection (1)(a) [and except for State Board of Regents
             801      members who serve a one-year term], individuals appointed to a campus board of directors
             802      shall serve four-year terms.


             803          (2) The original appointing authority shall fill any vacancies that occur on the campus
             804      board of directors.
             805          (3) A majority of the campus board of directors is a quorum.
             806          (4) [The] A campus board of directors shall elect a chair from its membership.
             807          (5) (a) (i) Members who are not government employees shall receive no compensation
             808      or benefits for their services, but may receive per diem and expenses incurred in the
             809      performance of the member's official duties from the campus board of directors at the rates
             810      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             811          (ii) Members may decline to receive per diem and expenses for their service.
             812          (b) (i) Higher education members who do not receive salary, per diem, or expenses
             813      from the entity that they represent for their service may receive per diem and expenses incurred
             814      in the performance of their official duties from the campus board of directors at the rates
             815      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             816          (ii) Higher education members may decline to receive per diem and expenses for their
             817      service.
             818          (c) (i) Members appointed by local school boards who do not receive salary, per diem,
             819      or expenses from the entity that they represent for their service may receive per diem and
             820      expenses incurred in the performance of their official duties from the campus board of directors
             821      at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             822          (ii) Local school board members may decline to receive per diem and expenses for
             823      their service.
             824          (6) (a) [Each] A campus board of directors may enact bylaws for its own government,
             825      including provision for regular meetings, that are in accordance with the policies of the Utah
             826      College of Applied Technology.
             827          (b) (i) The campus board of directors may provide for an executive committee in its
             828      bylaws.
             829          (ii) If established, the committee shall have the full authority of the campus board of
             830      directors to act upon routine matters during the interim between [regional] board meetings.
             831          (iii) The committee may act on nonroutine matters only under extraordinary and
             832      emergency circumstances.
             833          (iv) The committee shall report its activities to the campus board of directors at its next


             834      regular meeting following the action.
             835          (7) A [regional] campus board of directors may establish advisory committees.
             836          Section 15. Section 53B-2a-110 is amended to read:
             837           53B-2a-110. Campus board of directors -- Powers and duties.
             838          (1) [Each] A campus board of directors shall:
             839          (a) [prepare and submit] assist the campus president in preparing a budget request for
             840      its annual operations to the Utah College of Applied Technology Board of Trustees;
             841          (b) after consulting with the Utah College of Applied Technology, other higher
             842      education institutions, [and local] school districts, and charter schools within its region, prepare
             843      a comprehensive strategic plan for delivering [applied technology] career and technical
             844      education within its region;
             845          (c) consult with business, industry, the Department of Workforce Services, the
             846      Governor's Office of Economic Development, and the Governor's Office of Planning and
             847      Budget on an ongoing basis to determine what workers and skills are needed for employment
             848      in Utah businesses and industries;
             849          (d) develop programs based upon the information gathered in accordance with
             850      Subsection (1)(c), including expedited program approval and termination procedures to meet
             851      market needs;
             852          (e) adopt an annual budget and fund balances;
             853          (f) develop policies for the operation of [applied technology] career and technical
             854      education facilities under its jurisdiction;
             855          (g) establish human resources and compensation policies for all employees in
             856      accordance with policies of the Utah College of Applied Technology Board of Trustees;
             857          (h) approve credentials for employees and assign employees to duties in accordance
             858      with the Utah College of Applied Technology Board of Trustees policies and accreditation
             859      guidelines;
             860          (i) conduct annual program evaluations;
             861          (j) appoint program advisory committees and other advisory groups to provide counsel,
             862      support, and recommendations for updating and improving the effectiveness of training
             863      programs and services;
             864          (k) approve regulations, both regular and emergency, to be issued and executed by the


             865      campus president;
             866          (l) coordinate with local school boards [and], school districts, and charter schools to
             867      [protect] meet the [applied technology] career and technical education needs of secondary
             868      students; and
             869          (m) develop policies and procedures for the admission, classification, instruction, and
             870      examination of students in accordance with the policies and accreditation guidelines of the
             871      Utah College of Applied Technology[,] and the State Board of Education[, and the State Board
             872      of Regents].
             873          (2) Subsection (1)(g) does not apply to a campus president.
             874          [(2)] (3) A campus board of directors may not exercise any jurisdiction over [applied
             875      technology] career and technical education provided by a [local] school district or charter
             876      school or provided by a higher education institution independently of a college campus.
             877          [(3)] (4) If a program advisory committee or other advisory group submits a printed
             878      recommendation to the campus board of directors, the campus board of directors shall
             879      acknowledge the recommendation with a printed response that explains the campus board of
             880      directors' action regarding the recommendation and the reasons for the action.
             881          Section 16. Section 53B-2a-111 is amended to read:
             882           53B-2a-111. Board of Trustees -- Consultation with State Board of Regents.
             883          [(1)] The [board] Utah College of Applied Technology Board of Trustees shall consult
             884      with the [Utah College of Applied Technology Board of Trustees or the president of the Utah
             885      College of Applied Technology or both before acting on matters pertaining to the Utah College
             886      of Applied Technology] State Board of Regents to coordinate the delivery of career and
             887      technical education.
             888          [(2) The board shall consult with a campus board of directors or the campus president
             889      or both before acting on matters pertaining to a college campus.]
             890          [(3) The board may:]
             891          [(a) call meetings with the Utah College of Applied Technology Board of Trustees or
             892      one or more of the campus boards of directors; and]
             893          [(b) appoint committees to perform duties assigned by the board that include:]
             894          [(i) (A) members of the Utah College of Applied Technology Board of Trustees; or]
             895          [(B) administrators of the Utah College of Applied Technology; or]


             896          [(ii) (A) members of one or more of the campus boards of directors; or]
             897          [(B) administrators, faculty staff members, or students of one or more of the college
             898      campuses.]
             899          Section 17. Section 53B-2a-112 is amended to read:
             900           53B-2a-112. College campuses -- Relationships with other public and higher
             901      education institutions -- Agreements -- Priorities -- New capital facilities.
             902          (1) As used in this section, "higher education institution" means, for each college
             903      campus, the higher education institution designated in Section 53B-2a-108 [, except for the
             904      State Board of Regents, to have] that has a representative on its campus board of directors.
             905          (2) A college campus shall avoid any unnecessary duplication of [applied technology]
             906      career and technical education instructional facilities, programs, administration, and staff
             907      between the college campus and other public and higher education institutions.
             908          (3) A college campus may enter into agreements:
             909          (a) with other higher education institutions to cultivate cooperative relationships;
             910          (b) with other public and higher education institutions to enhance [applied technology]
             911      career and technical education within its region; or
             912          (c) to comply with Subsection (2).
             913          (4) Before a college campus develops its own new instructional facilities, it shall give
             914      priority to:
             915          (a) maintaining its own existing instructional facilities for both secondary and adult
             916      students;
             917          (b) coordinating with the president of a higher education institution and entering into
             918      any necessary agreements to provide [applied technology] career and technical education to
             919      both secondary and adult students that:
             920          (i) maintain and support existing higher education [applied technology] career and
             921      technical education programs; and
             922          (ii) maximize the use of existing higher education facilities; and
             923          (c) developing cooperative agreements with [local] school districts, charter schools,
             924      other higher education institutions, businesses, industries, and community and private agencies
             925      to maximize the availability of [applied technology] career and technical education
             926      instructional facilities for both secondary and adult students.


             927          (5) (a) Before submitting a funding request pertaining to new capital facilities and land
             928      purchases to the Utah College of Applied Technology, a college campus shall:
             929          (i) ensure that all available instructional facilities are maximized in accordance with
             930      Subsections (4)(a) through (c); and
             931          (ii) coordinate the request with the president of a higher education institution, if
             932      applicable.
             933          (b) The State Building Board shall make a finding that the requirements of this section
             934      are met before it may consider a funding request of the Utah College of Applied Technology
             935      pertaining to new capital facilities and land purchases.
             936          (c) A college campus may not construct, approve the construction of, plan for the
             937      design or construction of, or consent to the construction of [an applied technology] a career and
             938      technical education facility without approval of the Legislature.
             939          (6) Before acquiring new fiscal and administrative support structures, a college campus
             940      shall:
             941          (a) review the use of existing public or higher education administrative and accounting
             942      systems, financial record systems, and student and financial aid systems for the delivery of
             943      [applied technology] career and technical education in the region;
             944          (b) determine whether it is feasible to use those existing systems; and
             945          (c) with the approval of the campus board of directors and the board of trustees, use
             946      those existing systems.
             947          [(7) (a) The higher education institution for the region shall have the first opportunity
             948      to offer the general education courses that are required for an associate of applied technology
             949      degree offered by the Utah College of Applied Technology, at the college campus site.]
             950          [(b) The content of the general education courses described in Subsection (7)(a) shall
             951      be defined by the higher education institution for the region in a manner consistent with the
             952      needs of the Utah College of Applied Technology.]
             953          [(c) If the higher education institution for the region is unable to offer the courses
             954      described in Subsection (7)(a), other institutions of higher education may offer those courses.]
             955          [(d) The college campuses shall be responsible to provide technical skills training and
             956      basic skills as required by business and industry towards an associate of applied technology
             957      degree.]


             958          Section 18. Section 53B-2a-113 is amended to read:
             959           53B-2a-113. College campuses -- Leasing authority -- Lease-purchase agreements
             960      -- Report.
             961          (1) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into a
             962      lease with other higher education institutions, [public] school districts, charter schools, state
             963      agencies, or business and industry for a term of:
             964          (a) one year or less with the approval of the campus board of directors; and
             965          (b) more than one year with the approval of the board of trustees and:
             966          (i) the approval of funding for the lease by the Legislature prior to a college campus
             967      entering into the lease; or
             968          (ii) the lease agreement includes language that allows termination of the lease without
             969      penalty.
             970          (2) (a) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into
             971      a lease-purchase agreement if:
             972          (i) there is a long-term benefit to the state;
             973          (ii) the project is included in both the campus and Utah College of Applied Technology
             974      master plans;
             975          (iii) the lease-purchase agreement includes language that allows termination of the
             976      lease;
             977          (iv) the lease-purchase agreement is approved by the campus board of directors and the
             978      board of trustees; and
             979          (v) the lease-purchase agreement is:
             980          (A) reviewed by the Division of Facilities Construction and Management;
             981          (B) reviewed by the State Building Board; and
             982          (C) approved by the Legislature.
             983          (b) An approval under Subsection (2)(a) shall include a recognition of:
             984          (i) all parties, dates, and elements of the agreement;
             985          (ii) the equity or collateral component that creates the benefit; and
             986          (iii) the options dealing with the sale and division of equity.
             987          (3) (a) Each college campus shall provide an annual lease report to the board of
             988      trustees that details each of its leases, annual costs, location, square footage, and


             989      recommendations for lease continuation.
             990          (b) The president of the Utah College of Applied Technology shall compile and
             991      distribute an annual combined lease report for all college campuses to the Division of Facilities
             992      Construction Management and to others upon request.
             993          (4) The Utah College of Applied Technology shall use the annual combined lease
             994      report in determining planning, utilization, and budget requests.
             995          Section 19. Section 53B-6-101 is amended to read:
             996           53B-6-101. Additional responsibilities of the board -- Studies and evaluations --
             997      Master plan for higher education -- Productivity -- Institutional student assessment --
             998      Biennial accountability report to the Legislature.
             999          (1) The board shall conduct continuing studies and evaluations of the facilities,
             1000      grounds, buildings, and equipment at the higher education institutions under its jurisdiction and
             1001      use space utilization and other studies conducted by the State Building Board.
             1002          (2) The board shall establish and maintain an up-to-date master plan which shall
             1003      include:
             1004          (a) providing for statewide planning of public higher education in terms of aims,
             1005      purposes, and objectives of the system as a whole;
             1006          (b) establishing and defining the role and programs of each institution within the
             1007      system;
             1008          (c) establishing criteria for and determination of the future needs and requirements for
             1009      new programs and new institutions and the elimination, curtailment, or consolidation of
             1010      existing programs and facilities;
             1011          (d) providing for the initiation and financing of projects as considered necessary to
             1012      meet and satisfy the projected patterns of growth and maintenance;
             1013          (e) establishing criteria for and determination of the operating and capital budgetary
             1014      needs of each institution and the system as a whole;
             1015          (f) recommending the methods and sources of future financial support of the higher
             1016      education system;
             1017          (g) establishing procedures for the development of maximum utilization of existing
             1018      facilities as suggested by space utilization studies conducted by the State Building Board; and
             1019          (h) securing an adequate and coordinated program for the community colleges and


             1020      [applied technology/technical] career and technical education programs in the institutions and
             1021      departments in the state system of higher education.
             1022          (3) (a) The board may do all things necessary for the effective implementation of the
             1023      statewide master plan as adopted and revised by the board from time to time.
             1024          (b) The State Board of Education and the Utah College of Applied Technology shall
             1025      provide [applied technology] career and technical education staff assistance to the State Board
             1026      of Regents in support of master planning activities related to [applied technology] career and
             1027      technical education in higher education.
             1028          (4) (a) The board shall adopt rules and initiate programs to promote and increase
             1029      productivity in the state system of higher education.
             1030          (b) The board shall require each college and university in the system to establish
             1031      multiple measures of institutional and student assessment in order to improve student
             1032      instruction, academic programs, and learning opportunities.
             1033          (c) The board shall submit a biennial accountability report to the Legislature, which
             1034      shall include such factors as:
             1035          (i) space utilization, faculty productivity, and other similar measures of the
             1036      management of institutional resources at each institution; and
             1037          (ii) student assessment at entry to each institution, at critical midway points, and at
             1038      exit.
             1039          (d) The board shall establish a systemwide committee to address assessment and
             1040      accountability issues and propose essential elements to be included in the biennial report.
             1041          Section 20. Section 53B-16-102 is amended to read:
             1042           53B-16-102. Changes in curriculum -- Substantial alterations in institutional
             1043      operations -- Periodic review of programs -- Career and technical education curriculum
             1044      changes.
             1045          (1) Under procedures and policies approved by the board and developed in consultation
             1046      with each institution of higher education, each institution may make such changes in its
             1047      curriculum as necessary to better effectuate the institutional role previously approved by the
             1048      board.
             1049          (2) Notice of a change in the curriculum shall in all cases be promptly submitted to the
             1050      board.


             1051          (3) The board shall establish procedures and policies for considering institutional
             1052      proposals for substantial alterations in the scope of existing institutional operations.
             1053          (4) Alterations shall not be made without prior approval of the state board.
             1054          (5) For purposes of this section, "substantial alteration" means the establishment of a
             1055      branch, extension center, college, professional school, division, institute, department, or a new
             1056      program in instruction, research, or public services or a new degree, diploma, or certificate.
             1057          (6) The board shall conduct periodic reviews of all programs of instruction, research,
             1058      and public service at each institution, including those funded by gifts, grants, and contracts, and
             1059      may require the modification or termination of any program.
             1060          (7) Prior to requiring modification or termination of a program, the board shall give the
             1061      institution adequate opportunity for a hearing before the board.
             1062          (8) In making decisions related to [applied technology] career and technical education
             1063      curriculum changes, the board shall request a review of the proposed changes by the State
             1064      Board of Education and the Utah College of Applied Technology to ensure an orderly and
             1065      systematic [applied technology] career and technical education curriculum that eliminates
             1066      overlap and duplication of course work with the high schools and the Utah College of Applied
             1067      Technology.
             1068          Section 21. Section 53B-16-205 is amended to read:
             1069           53B-16-205. Establishment of Snow College Richfield campus -- Supervision and
             1070      administration -- Transition -- Institutional mission.
             1071          (1) There is established a branch campus of Snow College in Richfield, Utah, hereafter
             1072      referred to as the Snow College Richfield campus.
             1073          (2) Snow College shall administer the branch campus under the general control and
             1074      supervision of the State Board of Regents as an integrated part of Snow College's mission,
             1075      programs, and curriculum.
             1076          (3) Snow College shall:
             1077          (a) maintain a strong curriculum in [applied technology] career and technical education
             1078      courses at the Snow College Richfield campus and within the region served by Snow College
             1079      which can be transferred to other institutions within the higher education system, together with
             1080      lower division courses and courses required for associate degrees in science, arts, applied
             1081      science, and [applied technology] career and technical education;


             1082          (b) work with [local] school districts and charter schools in developing an aggressive
             1083      concurrent enrollment program in cooperation with Snow College Richfield campus; and
             1084          (c) provide, through the Snow College Richfield Campus, for open-entry, open-exit
             1085      competency-based [applied technology] career and technical education programs, at [the] a low
             1086      cost tuition rate [approved by the Utah College of Applied Technology] for adults and at no
             1087      tuition cost to secondary students, that emphasize short-term job training or retraining for
             1088      immediate placement in the job market and serve the geographic area encompassing:
             1089          (i) the Juab School District;
             1090          (ii) the Millard School District;
             1091          (iii) the Tintic School District;
             1092          (iv) the North Sanpete School District;
             1093          (v) the South Sanpete School District;
             1094          (vi) the Wayne School District;
             1095          (vii) the Piute School District; and
             1096          (viii) the Sevier School District.
             1097          (4) Snow College may not exercise any jurisdiction over [applied technology] career
             1098      and technical education provided by a [local] school district or charter school independently of
             1099      Snow College.
             1100          (5) Snow College shall report to the [Utah College of Applied Technology by
             1101      September 30 of each year] State Board of Regents annually on:
             1102          (a) the status of and maintenance of the effort for [applied technology] career and
             1103      technical education in the region served by Snow College, including access to open-entry,
             1104      open-exit competency-based [applied technology] career and technical education programs [at
             1105      the tuition rate approved by the Utah College of Applied Technology for adults and at no
             1106      tuition cost to secondary students.]; and
             1107          (b) student tuition and fees.
             1108          (6) Legislative appropriations to Snow College's career and technical education shall
             1109      be made as line items that are separate from other appropriations for Snow College.
             1110          Section 22. Section 53B-16-206 is amended to read:
             1111           53B-16-206. Snow College -- Career and technical education advisory committee
             1112      -- Membership -- Duties.


             1113          (1) The Snow College Richfield campus shall have [an applied technology] a career
             1114      and technical education advisory committee composed of the following 19 members:
             1115          (a) one elected local school board member appointed by the board of education for the
             1116      Juab School District;
             1117          (b) one elected local school board member appointed by the board of education for the
             1118      Millard School District;
             1119          (c) one elected local school board member appointed by the board of education for the
             1120      Tintic School District;
             1121          (d) one elected local school board member appointed by the board of education for the
             1122      North Sanpete School District;
             1123          (e) one elected local school board member appointed by the board of education for the
             1124      South Sanpete School District;
             1125          (f) one elected local school board member appointed by the board of education for the
             1126      Wayne School District;
             1127          (g) one elected local school board member appointed by the board of education for the
             1128      Piute School District;
             1129          (h) one elected local school board member appointed by the board of education for the
             1130      Sevier School District;
             1131          (i) one member of the Snow College board of trustees appointed by the president of
             1132      Snow College; and
             1133          (j) ten representatives of business or industry employers within the region appointed by
             1134      the president of Snow College from nominations of the members appointed under Subsections
             1135      (1)(a) through (i).
             1136          (2) The [applied technology] career and technical education advisory committee shall:
             1137          (a) after consulting with Snow College and local school districts within its region,
             1138      prepare a comprehensive strategic plan for delivering [applied technology] career and technical
             1139      education within its region;
             1140          (b) make recommendations regarding what skills are needed for employment in Utah
             1141      businesses and industries;
             1142          (c) recommend programs based upon the information gathered in accordance with
             1143      Subsection (2)(b);


             1144          (d) review annual program evaluations;
             1145          (e) provide counsel, support, and recommendations for updating and improving the
             1146      effectiveness of [applied technology] career and technical education programs and services,
             1147      including expedited program approval and termination of procedures, consistent with Board of
             1148      Regents' policy;
             1149          (f) monitor program advisory committees and other advisory groups to provide
             1150      counsel, support, and recommendations for updating and improving the effectiveness of
             1151      training programs and services; and
             1152          (g) coordinate with local school boards [and], school districts, and charter schools to
             1153      [protect and enhance] meet the [applied technology] career and technical education needs of
             1154      secondary students.
             1155          Section 23. Section 53B-16-207 is amended to read:
             1156           53B-16-207. College of Eastern Utah -- Career and technical education --
             1157      Supervision and administration -- Transition -- Institutional mission.
             1158          (1) The College of Eastern Utah shall:
             1159          (a) maintain a strong curriculum in [applied technology] career and technical education
             1160      courses at its campus and within the region it serves which can be transferred to other
             1161      institutions within the higher education system, together with lower division courses and
             1162      courses required for associate degrees in science, arts, applied science, and [applied
             1163      technology] career and technical education;
             1164          (b) work with [local] school districts and charter schools in developing an aggressive
             1165      concurrent enrollment program; and
             1166          (c) provide for open-entry, open-exit competency-based [applied technology] career
             1167      and technical education programs, at [the] a low cost tuition rate [approved by the Utah
             1168      College of Applied Technology] for adults and at no tuition cost to secondary students, that
             1169      emphasize short-term job training or retraining for immediate placement in the job market and
             1170      serve the geographic area encompassing:
             1171          (i) the Carbon School District;
             1172          (ii) the Emery School District;
             1173          (iii) the Grand School District; and
             1174          (iv) the San Juan School District.


             1175          (2) The College of Eastern Utah may not exercise any jurisdiction over [applied
             1176      technology] career and technical education provided by a [local] school district or charter
             1177      school independently of the College of Eastern Utah.
             1178          (3) The College of Eastern Utah shall report to the [Utah College of Applied
             1179      Technology by September 30 of each year] State Board of Regents annually on:
             1180          (a) the status of and maintenance of the effort for [applied technology] career and
             1181      technical education in the region served by the College of Eastern Utah, including access to
             1182      open-entry, open-exit competency-based [applied technology] career and technical education
             1183      programs [at the tuition rate approved by the Utah College of Applied Technology for adults
             1184      and at no tuition cost to secondary students.]; and
             1185          (b) student tuition and fees.
             1186          (4) Legislative appropriations to the College of Eastern Utah's career and technical
             1187      education shall be made as line items that are separate from other appropriations for the
             1188      College of Eastern Utah.
             1189          Section 24. Section 53B-16-208 is amended to read:
             1190           53B-16-208. The College of Eastern Utah -- Career and technical education
             1191      advisory committee -- Membership -- Duties.
             1192          (1) The College of Eastern Utah shall have [an applied technology] a career and
             1193      technical education advisory committee composed of the following 11 members:
             1194          (a) one elected local school board member appointed by the board of education for the
             1195      Carbon School District;
             1196          (b) one elected local school board member appointed by the board of education for the
             1197      Emery School District;
             1198          (c) one elected local school board member appointed by the board of education for the
             1199      Grand School District;
             1200          (d) one elected local school board member appointed by the board of education for the
             1201      San Juan School District;
             1202          (e) one member of the College of Eastern Utah board of trustees appointed by the
             1203      president of the College of Eastern Utah; and
             1204          (f) six representatives of business or industry within the region appointed by the
             1205      president of the College of Eastern Utah from members of the program advisory committees


             1206      overseeing career and technical education in the region.
             1207          (2) The [applied technology] career and technical education advisory committee shall:
             1208          (a) after consulting with the College of Eastern Utah [and], school districts, and charter
             1209      schools within its region, prepare a comprehensive strategic plan for delivering [applied
             1210      technology] career and technical education within its region;
             1211          (b) make recommendations regarding what skills are needed for employment in Utah
             1212      businesses and industries;
             1213          (c) recommend programs based upon the information gathered in accordance with
             1214      Subsection (2)(b);
             1215          (d) review annual program evaluations;
             1216          (e) provide counsel, support, and recommendations for updating and improving the
             1217      effectiveness of [applied technology] career and technical education programs and services,
             1218      including expedited program approval and termination of procedures, consistent with Board of
             1219      Regents' policy;
             1220          (f) monitor program advisory committees and other advisory groups to provide
             1221      counsel, support, and recommendations for updating and improving the effectiveness of
             1222      training programs and services; and
             1223          (g) coordinate with local school boards [and], districts, and charter schools to [protect
             1224      and enhance] meet the [applied technology] career and technical education needs of secondary
             1225      students.
             1226          Section 25. Section 53B-16-209 is enacted to read:
             1227          53B-16-209. Salt Lake Community College -- School of Applied Technology --
             1228      Career and technical education -- Supervision and administration -- Institutional mission.
             1229          (1) (a) There is hereby established a School of Applied Technology at Salt Lake
             1230      Community College.
             1231          (b) Beginning on July 1, 2009, the Salt Lake Skills Center and the Salt Lake County
             1232      portion of the Salt Lake/Tooele Applied Technology College shall be established as Salt Lake
             1233      Community College's School of Applied Technology.
             1234          (2) Salt Lake Community College's School of Applied Technology is a continuation of
             1235      the Salt Lake Skills Center and the Salt Lake County portion of the Salt Lake/Tooele Applied
             1236      Technology College and shall:


             1237          (a) possess all rights, title, privileges, powers, immunities, franchises, endowments,
             1238      property, and claims of the Salt Lake Skills Center and the Salt Lake County portion of the Salt
             1239      Lake/Tooele Applied Technology College; and
             1240          (b) fulfill and perform all obligations of the Salt Lake Skills Center and the Salt Lake
             1241      County portion of the Salt Lake/Tooele Applied Technology College.
             1242          (3) Salt Lake Community College shall administer the School of Applied Technology
             1243      with the School of Applied Technology's Board of Directors as provided in Section
             1244      53B-16-210 .
             1245          (4) Salt Lake Community College's School of Applied Technology shall:
             1246          (a) provide non-credit career and technical education for both secondary and adult
             1247      students, with an emphasis primarily on open-entry, open-exit programs;
             1248          (b) ensure that economically disadvantaged, educationally disadvantaged, or other
             1249      at-risk students have access to non-credit career and technical education;
             1250          (c) maintain a strong curriculum in non-credit career and technical education courses
             1251      which can be articulated with credit career and technical education courses within the
             1252      institution and within the state system of higher education;
             1253          (d) offer non-credit, basic instruction in areas such as reading, language arts, and
             1254      mathematics that are necessary for student success in a chosen career and technical education
             1255      or job-related program;
             1256          (e) offer the curriculum at:
             1257          (i) low cost to adult students, consistent with legislative appropriations to the School of
             1258      Applied Technology; and
             1259          (ii) no tuition cost to secondary students;
             1260          (f) provide non-credit career and technical education that will result in:
             1261          (i) appropriate licensing, certification, or other evidence of completion of training; and
             1262          (ii) qualification for specific employment, with an emphasis on high demand, high
             1263      wage, and high skill jobs in business and industry;
             1264          (g) develop cooperative agreements within the geographic area served by the School of
             1265      Applied Technology with school districts, charter schools, and other higher education
             1266      institutions, businesses, industries, and community and private agencies to maximize the
             1267      availability of instructional facilities; and


             1268          (h) after consulting with school districts and charter schools within the geographic area
             1269      served:
             1270          (i) ensure that secondary students in the public education system have access to
             1271      non-credit career and technical education at each School of Applied Technology location; and
             1272          (ii) prepare and submit an annual report to the State Board of Regents detailing:
             1273          (A) how the non-credit career and technical education needs of secondary students
             1274      within the region are being met;
             1275          (B) what access secondary students within the region have to programs offered at
             1276      School of Applied Technology locations;
             1277          (C) how the emphasis on high demand, high wage, and high skill jobs in business and
             1278      industry is being provided; and
             1279          (D) student tuition and fees.
             1280          (5) Salt Lake Community College or its School of Applied Technology may not
             1281      exercise any jurisdiction over career and technical education provided by a school district or
             1282      charter school independently of Salt Lake Community College or its School of Applied
             1283      Technology.
             1284          (6) Legislative appropriations to Salt Lake Community College's School of Applied
             1285      Technology shall be made as a line item that separates it from other appropriations for Salt
             1286      Lake Community College.
             1287          Section 26. Section 53B-16-210 is enacted to read:
             1288          53B-16-210. Salt Lake Community College -- School of Applied Technology
             1289      Board of Directors -- Membership -- Duties.
             1290          (1) Salt Lake Community College's School of Applied Technology shall have a board
             1291      of directors composed of the following 14 members:
             1292          (a) one elected local school board member appointed by the board of education for the
             1293      Salt Lake City School District;
             1294          (b) one elected local school board member appointed by the board of education for the
             1295      Granite School District;
             1296          (c) one elected local school board member appointed by the board of education for the
             1297      Canyons School District;
             1298          (d) one elected local school board member appointed by the board of education for the


             1299      Jordan School District;
             1300          (e) one elected local school board member appointed by the board of education for the
             1301      Murray School District;
             1302          (f) one member of the Salt Lake Community College board of trustees, appointed by
             1303      the chair of the board of trustees;
             1304          (g) one representative of groups who advocate for or provide services to populations of
             1305      disadvantaged students, appointed by the president of Salt Lake Community College, in
             1306      consultation with the School of Applied Technology's Board of Directors; and

             1307          (h) seven representatives of business or industry employers within the region,
             1308      appointed by the president of Salt Lake Community College, in consultation with the School of
             1309      Applied Technology's Board of Directors, from names provided by business and industry
             1310      associations representing sectors that employ workers with career and technical education.
             1311          (2) The School of Applied Technology's Board of Directors shall:
             1312          (a) consult on an ongoing basis with:
             1313          (i) Salt Lake Community College;
             1314          (ii) school districts and charter schools within its region;
             1315          (iii) business and industry;
             1316          (iv) craft, trade, and apprenticeship programs;
             1317          (v) the Department of Workforce Services;
             1318          (vi) the Governor's Office of Economic Development; and
             1319          (vii) the Governor's Office of Planning and Budget;
             1320          (b) prepare a comprehensive strategic plan for delivering career and technical
             1321      education within Salt Lake County;
             1322          (c) make recommendations regarding what skills are needed for employment in
             1323      businesses and industries;
             1324          (d) recommend the development of programs based upon the information gathered in
             1325      accordance with Subsection (2)(a), including expedited program approval and termination
             1326      procedures to meet market needs;
             1327          (e) conduct annual program evaluations;
             1328          (f) jointly appoint School of Applied Technology program advisory committees and
             1329      other School of Applied Technology program advisory groups with the dean of the School of


             1330      Applied Technology to provide counsel, support, and recommendations for updating and
             1331      improving the effectiveness of non-credit career and technical education programs and
             1332      services;
             1333          (g) coordinate with local school boards, school districts, and charter schools to protect
             1334      and enhance the non-credit career and technical education needs of secondary students;
             1335          (h) adopt an annual budget and fund balances for the School of Applied Technology;
             1336          (i) develop policies and procedures for the operation of the School of Applied
             1337      Technology facilities under its jurisdiction;
             1338          (j) recommend credentials for employees and the assignment of employees to duties in
             1339      accordance with:
             1340          (i) State Board of Regents and Salt Lake Community College policies;
             1341          (ii) the Council on Occupational Education accreditation guidelines; and
             1342          (iii) the Northwest Commission on Colleges and Universities accreditation guidelines;
             1343          (k) develop policies and procedures for the admission, classification, instruction, and
             1344      examination of students in accordance with the policies and accreditation guidelines of the
             1345      Council on Occupational Education, the Northwest Commission on Colleges and Universities,
             1346      the State Board of Regents, Salt Lake Community College Board of Trustees, and the State
             1347      Board of Education; and
             1348          (l) communicate regularly with the president of Salt Lake Community College
             1349      regarding career and technical education issues.
             1350          (3) If a program advisory committee or other advisory group submits a written
             1351      recommendation to the School of Applied Technology's Board of Directors, the board of
             1352      directors shall acknowledge the recommendation with a printed response that explains the
             1353      board of directors' action regarding the recommendation and the reasons for the action.
             1354          (4) (a) If the School of Applied Technology Board of Directors has specific
             1355      recommendations to the Salt Lake Community College president, the recommendations shall
             1356      be in a written form.
             1357          (b) Recommendations described under Subsection (4)(a) may include:
             1358          (i) additions, deletions, or expansions of non-credit career and technical education
             1359      programs at Salt Lake Community College;
             1360          (ii) updates and improvements in the effectiveness of School of Applied Technology


             1361      non-credit career and technical education programs and services, including expedited program
             1362      approval and termination of procedures, consistent with Board of Regents' policy;
             1363          (iii) responsibilities described under Subsection (2); and
             1364          (iv) other recommendations relating to the non-credit career and technical education
             1365      mission of Salt Lake Community College.
             1366          (c) If the president of Salt Lake Community College rejects a specific recommendation
             1367      of the board of directors, the president shall:
             1368          (i) notify the board of directors in writing within ten working days of the rejection and
             1369      the reasons for the rejection; and
             1370          (ii) provide the board of directors an opportunity to modify its specific
             1371      recommendation and resubmit it to the president.
             1372          (5) The president of Salt Lake Community College and the chair of the School of
             1373      Applied Technology's Board of Directors shall annually meet with the Utah College of Applied
             1374      Technology Board of Trustees to provide:
             1375          (a) the information described in Subsection 53B-16-209 (4)(g); and
             1376          (b) a report on the implementation of specific recommendations described in
             1377      Subsection (4).
             1378          (6) Salt Lake Community College School of Applied Technology shall provide staff
             1379      support for the School of Applied Technology's Board of Directors.
             1380          Section 27. Repealer.
             1381          This bill repeals:
             1382          Section 53B-16-204, Salt Lake Skills Center -- Role and mission -- Supervision and
             1383      administration.
             1384          Section 28. Transition duties -- Salt Lake Community College -- Utah College of
             1385      Applied Technology.
             1386          (1) This section provides transition duties as the Salt Lake Skills Center and part of the
             1387      Salt Lake/Tooele Applied Technology College Campus are transferred to Salt Lake
             1388      Community College's School of Applied Technology.
             1389          (2) Salt Lake Community College and the Utah College of Applied Technology shall
             1390      jointly:
             1391          (a) preserve employment positions at Salt Lake Community College's School of


             1392      Applied Technology or the Tooele Applied Technology College;
             1393          (b) provide opportunities for an employee to continue employment in a position that is
             1394      similar to the employee's previous position, maintaining current salary and benefits; and
             1395          (c) transfer employees to other positions on a voluntary basis, with retraining as
             1396      necessary.
             1397          (3) Salt Lake Community College shall:
             1398          (a) preserve the existing Salt Lake/Tooele Applied Technology College main campus,
             1399      Rose Park campus and West Valley Training Center locations during the transition period; and
             1400          (b) conduct a study or review the continuance of all Salt Lake Tooele Applied
             1401      Technology College and Salt Lake Community College Skills Center locations.
             1402          (4) The Salt Lake Community College president and the School of Applied
             1403      Technology's Board of Directors shall collaborate on the development of policies and
             1404      procedures for the operation of Salt Lake Community College's School of Applied Technology,
             1405      including human resources and compensation policies for all employees consistent with current
             1406      Salt Lake Community College human resources and compensation policies.
             1407          (5) Salt Lake Community College shall collaborate with affected entities to preserve
             1408      and transfer, as approved by the Legislature, the existing Salt Lake/Tooele Applied Technology
             1409      College and Salt Lake Skills Center budget.
             1410          (6) As part of the Salt Lake/Tooele Applied Technology College Campus is transferred
             1411      to Salt Lake Community College's School of Applied Technology and a separate Tooele
             1412      Applied Technology College Campus is established, the Utah College of Applied Technology
             1413      shall:
             1414          (a) make recommendations concerning the Tooele Applied Technology College
             1415      Campus operating base budget, including requests concerning new appropriations and
             1416      preserving and transferring current appropriations; and
             1417          (b) make other recommendations relating to the non-credit career and technical
             1418      education mission of Salt Lake Community College School of Applied Technology and the
             1419      Tooele Applied Technology College Campus.
             1420          (7) (a) For a student who is enrolled in an associate of applied technology degree
             1421      program approved by the Board of Regents in accordance with Section 53B-1-103 prior to July
             1422      1, 2009:


             1423          (i) the Utah College of Applied Technology and its campuses shall:
             1424          (A) provide technical skills coursework necessary to complete the associate of applied
             1425      technology degree; and
             1426          (B) award an associate of applied technology degree to a student who completes all
             1427      necessary requirements;
             1428          (ii) the higher education institution for the region of a Utah College of Applied
             1429      Technology campus offering an associate of applied technology degree shall continue to offer
             1430      the general education courses that are required for degree completion at the differential tuition
             1431      rate approved by the Board of Regents; and
             1432          (iii) an annual differential tuition rate increase approved by the Board of Regents for
             1433      general education courses required to complete an associate of applied technology degree may
             1434      not exceed a general first tier tuition rate increase.
             1435          (b) A student described in Subsection (7)(a) shall complete an associate of applied
             1436      technology degree program prior to July 1, 2012.
             1437          Section 29. Effective date.
             1438          This bill takes effect on July 1, 2009.




Legislative Review Note
    as of 10-22-08 10:54 AM


Office of Legislative Research and General Counsel


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