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H.B. 15 Enrolled

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


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


             54          53B-2a-103, as last amended by Laws of Utah 2007, Chapter 259
             55          53B-2a-104, as last amended by Laws of Utah 2007, Chapter 259
             56          53B-2a-105, as last amended by Laws of Utah 2007, Chapter 259
             57          53B-2a-106, as last amended by Laws of Utah 2007, Chapter 259
             58          53B-2a-107, as last amended by Laws of Utah 2005, Chapter 227
             59          53B-2a-108, as last amended by Laws of Utah 2007, Chapters 259 and 356
             60          53B-2a-109, as last amended by Laws of Utah 2003, Chapter 289
             61          53B-2a-110, as last amended by Laws of Utah 2003, Chapters 233 and 289
             62          53B-2a-111, as last amended by Laws of Utah 2003, Chapter 289
             63          53B-2a-112, as last amended by Laws of Utah 2003, Chapter 289
             64          53B-2a-113, as last amended by Laws of Utah 2005, Chapter 227
             65          53B-6-101, as last amended by Laws of Utah 2001, First Special Session, Chapter 5
             66          53B-16-102, as last amended by Laws of Utah 2001, First Special Session, Chapter 5
             67          53B-16-205, as last amended by Laws of Utah 2003, Chapters 233 and 289
             68          53B-16-206, as enacted by Laws of Utah 2003, Chapter 233
             69          53B-16-207, as enacted by Laws of Utah 2007, Chapter 259
             70          53B-16-208, as enacted by Laws of Utah 2007, Chapter 259
             71      ENACTS:
             72          53B-16-209, Utah Code Annotated 1953
             73          53B-16-210, Utah Code Annotated 1953
             74      REPEALS:
             75          53B-16-204, as enacted by Laws of Utah 1992, Chapter 71
             76      Uncodified Material Affected:
             77      ENACTS UNCODIFIED MATERIAL
             78     
             79      Be it enacted by the Legislature of the state of Utah:


             80          Section 1. Section 53A-1-101 is amended to read:
             81           53A-1-101. State Board of Education -- Members.
             82          (1) Members of the State Board of Education shall be nominated and elected as provided in
             83      Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
             84          (2) (a) In addition to the members designated under Subsection (1), [two members of the
             85      State Board of Regents, appointed by the chair of the State Board of Regents,] the following
             86      members shall serve as nonvoting members of the State Board of Education[.]:
             87          (i) two members of the State Board of Regents, appointed by the chair of the State Board of
             88      Regents; and
             89          (ii) one member of the Utah College of Applied Technology Board of Trustees, appointed
             90      by the chair of the board of trustees.
             91          (b) A nonvoting member shall continue to serve as a member without a set term until the
             92      member is replaced by the chair of the State Board of Regents or the chair of the Utah College of
             93      Applied Technology Board of Trustees, as applicable.
             94          Section 2. Section 53A-15-202 is amended to read:
             95           53A-15-202. Powers of the board.
             96          The State Board of Education:
             97          (1) shall establish minimum standards for [applied technology] career and technical education
             98      programs in the public education system;
             99          (2) may apply for, receive, administer, and distribute funds made available through programs
             100      of federal and state governments to promote and aid [applied technology] career and technical
             101      education;
             102          (3) shall cooperate with federal and state governments to administer programs which
             103      promote and maintain [applied technology] career and technical education;
             104          (4) shall cooperate with the Utah College of Applied Technology, Salt Lake Community
             105      College's School of Applied Technology, Snow College, and the College of Eastern Utah to ensure


             106      that students in the public education system have access to [applied technology] career and technical
             107      education at Utah College of Applied Technology campuses, Salt Lake Community College's School
             108      of Applied Technology, Snow College, and the College of Eastern Utah;
             109          (5) shall require that before a minor student may participate in clinical experiences as part of
             110      a health care occupation program at a high school or other institution to which the student has been
             111      referred, the student's parent or legal guardian has:
             112          (a) been first given written notice through appropriate disclosure when registering and prior
             113      to participation that the program contains a clinical experience segment in which the student will
             114      observe and perform specific health care procedures that may include personal care, patient bathing,
             115      and bathroom assistance; and
             116          (b) provided specific written consent for the student's participation in the program and
             117      clinical experience; and
             118          (6) shall, after consulting with [local] school districts, charter schools, the Utah College of
             119      Applied Technology, Salt Lake Community College's School of Applied Technology, Snow College,
             120      and the College of Eastern Utah, prepare and submit an annual report to the governor and to the
             121      Legislature's Education Interim Committee by October 31 of each year detailing:
             122          (a) how the [applied technology] career and technical education needs of secondary students
             123      are being met; and
             124          (b) what access secondary students have to programs offered:
             125          (i) at applied technology colleges; and
             126          (ii) within the regions served by Salt Lake Community College's School of Applied
             127      Technology, Snow College, and the College of Eastern Utah.
             128          Section 3. Section 53B-1-101.5 is amended to read:
             129           53B-1-101.5. Definitions.
             130          As used in this title:
             131          (1) "Board" means the State Board of Regents established in Section 53B-1-103 .


             132          (2) "Career and technical education" means organized educational programs offering
             133      sequences of courses or skill sets directly related to preparing individuals for paid or unpaid
             134      employment in current or emerging occupations that generally do not require a baccalaureate or
             135      advanced degree.
             136          [(2)] (3) "Commissioner" means the commissioner of higher education appointed in
             137      accordance with Section 53B-1-105 .
             138          Section 4. Section 53B-1-103 is amended to read:
             139           53B-1-103. Establishment of State Board of Regents -- Powers and authority.
             140          (1) There is established a State Board of Regents.
             141          (2) (a) [The] Except as provided in Subsection (2)(b), the board is vested with the control,
             142      management, and supervision of the institutions of higher education designated in Section 53B-1-102
             143      in a manner consistent with the policy and purpose of this title and the specific powers and
             144      responsibilities granted to it.
             145          (b) The board [is vested with the following] may only exercise powers relating to the Utah
             146      College of Applied Technology and its college campuses[:] that are specifically provided in this title.
             147          [(i) approving each competency-based associate of applied technology degree before
             148      allowing a college campus to offer the degree;]
             149          [(ii) making rules governing the transfer of applied technology education degrees awarded by
             150      the Utah College of Applied Technology to other higher education institutions;]
             151          [(iii) appointing the president for the Utah College of Applied Technology in accordance with
             152      Section 53B-2a-102 and board policy; and]
             153          [(iv) facilitating and coordinating the operation of the Utah College of Applied Technology
             154      within the system of higher education.]
             155          (c) The board shall coordinate and support articulation agreements between the Utah
             156      College of Applied Technology and other institutions of higher education.
             157          (d) The board shall prepare and submit an annual report detailing its progress and


             158      recommendations on career and technical education issues to the governor and to the Legislature's
             159      Education Interim Committee by October 31 of each year, which shall include information detailing:
             160          (i) how the career and technical education needs of secondary students are being met by
             161      institutions of higher education other than the Utah College of Applied Technology, including what
             162      access secondary students have to programs offered by Salt Lake Community College's School of
             163      Applied Technology, Snow College, and the College of Eastern Utah;
             164          (ii) how the emphasis on high demand, high wage, and high skill jobs in business and industry
             165      is being provided;
             166          (iii) performance outcomes, including:
             167          (A) entered employment;
             168          (B) job retention; and
             169          (C) earnings; and
             170          (iv) student tuition and fees.
             171          [(c)] (e) Except for the Utah College of Applied Technology, the board may modify the
             172      name of an institution under its control and management, as designated in Section 53B-1-102 , to
             173      reflect the role and general course of study of the institution.
             174          (f) The board may not conduct a feasibility study or perform another act relating to merging
             175      any of the following institutions with another institution of higher education:
             176          (i) the Bridgerland Applied Technology College Campus;
             177          (ii) the Ogden-Weber Applied Technology College Campus;
             178          (iii) the Davis Applied Technology College Campus;
             179          (iv) the Tooele Applied Technology College Campus;
             180          (v) the Mountainland Applied Technology College Campus;
             181          (vi) the Uintah Basin Applied Technology College Campus;
             182          (vii) the Southwest Applied Technology College Campus; and
             183          (viii) the Dixie Applied Technology College Campus.


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


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


             236          (6) The board shall appoint a treasurer who serves at the discretion of the board.
             237          (7) (a) The board may establish advisory committees.
             238          (b) The powers and authority of the board are nondelegable, except as specifically provided
             239      for in this title.
             240          (c) All matters requiring board determination shall be addressed in a properly convened
             241      meeting of the board or its executive committee.
             242          (8) The board shall enact bylaws for its own government not inconsistent with the
             243      constitution or the laws of this state.
             244          (9) (a) The board shall meet regularly upon its own determination.
             245          (b) The board may also meet, in full or executive session, at the request of its chair, its
             246      executive officer, or five members of the board.
             247          (10) A quorum of the voting members of the board is required to conduct its business and
             248      consists of nine members.
             249          (11) (a) A vacancy in the board occurring before the expiration of a voting member's full
             250      term shall be immediately filled by appointment by the governor with the consent of the Senate.
             251          (b) The appointee serves for the remainder of the unexpired term.
             252          (12) (a) Each member of the board shall receive a per diem as provided by law as
             253      compensation for services for attending meetings of the board.
             254          (b) Each member shall also be paid actual expenses incurred for attending meetings of the
             255      board or its committees or for attending to any business of the institutions under the direction of the
             256      board or authority of the board or its committees.
             257          Section 6. Section 53B-2a-101 is amended to read:
             258           53B-2a-101. Definitions.
             259          As used in this chapter:
             260          [(2)] (1) "Board of trustees" means the Utah College of Applied Technology Board of
             261      Trustees.


             262          [(1) "Applied technology education" means organized educational programs offering
             263      sequences of courses or skill sets directly related to preparing individuals for paid or unpaid
             264      employment in current or emerging occupations that do not require a baccalaureate or advanced
             265      degree.]
             266          [(3)] (2) "College campus" means a college campus of the Utah College of Applied
             267      Technology.
             268          [(4)] (3) "Competency-based" means mastery of subject matter or skill level, as
             269      demonstrated through business and industry approved standards and assessments, achieved through
             270      participation in a hands-on learning environment, and which is tied to observable, measurable
             271      performance objectives.
             272          [(5) "High wage jobs" means jobs with an annual salary at or above the median salary in the
             273      service region of the college campus.]
             274          [(6)] (4) "Open-entry, open-exit" means:
             275          (a) a method of instructional delivery that allows for flexible scheduling in response to
             276      individual student needs or requirements and demonstrated competency when knowledge and skills
             277      have been mastered; [and]
             278          (b) students have the flexibility to begin or end study at any time, progress through course
             279      material at their own pace, and demonstrate competency when knowledge and skills have been
             280      mastered[. If]; and
             281          (c) if competency is demonstrated in a program of study, a credential, certificate, or
             282      diploma[, or degree] may be awarded.
             283          Section 7. Section 53B-2a-102 is amended to read:
             284           53B-2a-102. President -- Appointment -- Duties.
             285          (1) (a) The board of trustees shall appoint a president for the Utah College of Applied
             286      Technology.
             287          (b) The president of the Utah College of Applied Technology does not need to have a


             288      doctorate degree, but shall have extensive experience in [applied technology] career and technical
             289      education.
             290          (c) The president shall serve at the [board's] board of trustees' discretion.
             291          (d) The names of the final candidates for president of the Utah College of Applied
             292      Technology shall be publicly disclosed.
             293          [(e) The chair and vice chair of the Utah College of Applied Technology Board of Trustees
             294      shall be members of the search committee for the president.]
             295          (2) The president shall:
             296          (a) direct the Utah College of Applied Technology and coordinate the activities of each of its
             297      college campuses;
             298          [(b) in cooperation with the board of trustees and with the approval of the board, develop a
             299      competency-based associate of applied technology degree;]
             300          [(c) ensure that, pursuant to State Board of Regents' rules, an applied technology education
             301      degree is primarily a terminal degree, but is transferable to a bachelor's degree in applied technology
             302      at other higher education institutions under specific articulation agreements;]
             303          [(d)] (b) in consultation with the board of trustees, campus presidents, and campus boards of
             304      directors, prepare a comprehensive strategic plan for delivering [applied technology] career and
             305      technical education through the Utah College of Applied Technology college campuses;
             306          [(e)] (c) after consulting with [local] school districts, charter schools, and other higher
             307      education institutions in the regions, ensure that the curricula of the Utah College of Applied
             308      Technology meet the needs of the state, the regions, [and] the [local] school districts, and charter
             309      schools;
             310          [(f)] (d) in consultation with the board of trustees, campus presidents, and campus boards of
             311      directors, and after consulting with [local] school districts, charter schools, and other higher education
             312      institutions in the region, develop strategies for providing [applied technology] career and technical
             313      education in rural areas, specifically considering the distances between rural [applied technology]


             314      career and technical education providers;
             315          [(g)] (e) establish minimum standards for [applied technology] career and technical education
             316      programs of the Utah College of Applied Technology college campuses;
             317          [(h)] (f) in conjunction with the board of trustees, do the following:
             318          (i) develop and implement a system of common definitions, standards, and criteria for
             319      tracking and measuring the effectiveness of [applied technology] career and technical education;
             320          (ii) maintain a central administration office for coordination, prioritization, support, and
             321      reporting of college functions dealing with:
             322          (A) budgets and audits;
             323          (B) facilities, including capital, capital development, and leases;
             324          (C) management information systems;
             325          (D) campus and college master planning efforts;
             326          (E) strategic planning;
             327          (F) articulation with institutions of higher education and public education;
             328          [(F)] (G) legislative, State System of Public Education, State System of Higher Education,
             329      and Board of Regents contact;
             330          [(G)] (H) general data collection; and
             331          [(H)] (I) programs, certificates, and curriculum; and
             332          (iii) develop and implement a plan to inform citizens about the availability, cost, and
             333      advantages of [applied technology] career and technical education;
             334          [(i)] (g) after consulting with the State Board of Education [and local], school districts, and
             335      charter schools, ensure that secondary students in the public education system have access to
             336      [applied technology] career and technical education through the Utah College of Applied Technology
             337      college campuses; [and]
             338          [(j) provide expertise and monitor applied technology education within the regions served by
             339      Snow College and the College of Eastern Utah in accordance with Sections 53B-16-205 and


             340      53B-16-207 .]
             341          (h) in conjunction with the board of trustees, establish benchmarks, provide oversight,
             342      evaluate program performance, and obtain independent audits to ensure that college campuses follow
             343      the non-credit career and technical education mission described in this part; and
             344          (i) with the approval of the board of trustees, appoint campus presidents in accordance with
             345      Section 53B-2a-107 and set their compensation annually.
             346          Section 8. Section 53B-2a-103 is amended to read:
             347           53B-2a-103. Utah College of Applied Technology Board of Trustees -- Membership
             348      -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
             349          (1) There is created the Utah College of Applied Technology Board of Trustees, composed
             350      of the following members:
             351          (a) [two members] one member of the State Board of Education appointed by the [governor
             352      with the consent of the Senate] chair of the State Board of Education, to serve as a nonvoting
             353      member;
             354          (b) [two members] one member of the State Board of Regents appointed by the [governor
             355      with the consent of the Senate] chair of the State Board of Regents, to serve as a nonvoting member;
             356          (c) one member representing business and industry employers from the [regional] campus
             357      board of directors of each [regional] applied technology college campus appointed by a majority vote
             358      of the business and industry employer members of the [regional] campus board;
             359          (d) one member representing business and industry employers from the Snow College
             360      [applied technology] career and technical education advisory committee appointed by a majority of
             361      the business and industry members of the advisory committee;
             362          (e) one member representing business and industry employers from the College of Eastern
             363      Utah [applied technology] career and technical education advisory committee appointed by a
             364      majority of the business and industry employer members of the advisory committee; [and]
             365          (f) one member representing business and industry employers from the Salt Lake Community


             366      College School of Applied Technology Board of Directors appointed by a majority of the business
             367      and industry employer members of the board of directors;
             368          [(f)] (g) one business or industry employer representative appointed by the governor with the
             369      consent of the Senate from nominations submitted by the speaker of the House of Representatives
             370      and president of the Senate[.];
             371          (h) one representative of union craft, trade, or apprenticeship programs that prepare workers
             372      for employment in career and technical education fields, appointed by the governor with the consent
             373      of the Senate;
             374          (i) one representative of non-union craft, trade, or apprenticeship programs that prepare
             375      workers for employment in career and technical education fields, appointed by the governor with the
             376      consent of the Senate;
             377          (j) the commissioner of higher education; and
             378          (k) the executive director of the Governor's Office of Economic Development or the
             379      executive director's designee.
             380          (2) (a) In making appointments to the board of trustees, the governor shall consider:
             381          (i) individuals from the state at large with due consideration for geographical representation;
             382          (ii) individuals recognized for their knowledge and expertise; and
             383          (iii) individuals who represent current and emerging business and industry sectors of the state.
             384          (b) Appointments to the board shall be made on a nonpartisan basis.
             385          [(2)] (3) (a) [The] Except as provided under Subsection (3)(b), members of the board of
             386      trustees shall be appointed commencing on [September 1 of the year of appointment to:] July 1 of
             387      each odd-numbered year to a four-year term.
             388          [(i) two-year terms for the members described in Subsections (1)(a) and (b); and]
             389          [(ii) four-year terms for the members described in Subsections (1)(c) through (f).]
             390          (b) Initial terms of the board members beginning on July 1, 2009 shall be staggered with
             391      two-year and four-year terms so that approximately one-half of the members' terms will expire in any


             392      odd-numbered year.
             393          [(b)] (c) An appointed member holds office until a successor is appointed and qualified.
             394          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             395      appointed for the unexpired term.
             396          (4) (a) Each member shall take the official oath of office prior to assuming the office.
             397          (b) The oath shall be filed with the Division of Archives and Records Services.
             398          (5) The board of trustees shall elect a chair and vice chair, who serve for two years and until
             399      their successors are elected and qualified.
             400          (6) (a) The board of trustees may enact bylaws for its own government, including provision
             401      for regular meetings.
             402          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             403          (ii) If established, the committee shall have full authority of the board of trustees to act upon
             404      routine matters during the interim between board of trustees meetings.
             405          (iii) The committee may act on nonroutine matters only under extraordinary and emergency
             406      circumstances.
             407          (iv) The committee shall report its activities to the board of trustees at its next regular meeting
             408      following the action.
             409          [(c) Copies of the board of trustees' bylaws shall be filed with the Board of Regents.]
             410          (7) A quorum shall be required to conduct business which shall consist of a majority of
             411      voting board of trustee members.
             412          (8) The board of trustees may establish advisory committees.
             413          (9) (a) (i) Members who are not government employees shall receive no compensation or
             414      benefits for their services, but may receive per diem and expenses incurred in the performance of the
             415      member's official duties at the rates established by the Division of Finance under Sections 63A-3-106
             416      and 63A-3-107 .
             417          (ii) Members may decline to receive per diem and expenses for their service.


             418          (b) (i) State government officer and employee members who do not receive salary, per diem,
             419      or expenses from their agency for their service may receive per diem and expenses incurred in the
             420      performance of their official duties from the board of trustees at the rates established by the Division
             421      of Finance under Sections 63A-3-106 and 63A-3-107 .
             422          (ii) State government officer and employee members may decline to receive per diem and
             423      expenses for their service.
             424          (c) (i) Higher education members who do not receive salary, per diem, or expenses from the
             425      entity that they represent for their service may receive per diem and expenses incurred in the
             426      performance of their official duties from the board of trustees at the rates established by the Division
             427      of Finance under Sections 63A-3-106 and 63A-3-107 .
             428          (ii) Higher education members may decline to receive per diem and expenses for their
             429      service.
             430          Section 9. Section 53B-2a-104 is amended to read:
             431           53B-2a-104. Utah College of Applied Technology Board of Trustees -- Powers and
             432      duties.
             433          (1) The Utah College of Applied Technology Board of Trustees is vested with the control,
             434      management, and supervision of the Utah College of Applied Technology college campuses in a
             435      manner consistent with the policy and purpose of this title and the specific powers and responsibilities
             436      granted to it.
             437          (2) The Utah College of Applied Technology Board of Trustees shall:
             438          [(1) in cooperation with the president of the Utah College of Applied Technology, and with
             439      the approval of the State Board of Regents, develop competency-based associate of applied
             440      technology degrees to be offered by the Utah College of Applied Technology;]
             441          [(2) approve the courses and requirements for the associate of applied technology degrees;]
             442          [(3) ensure that, pursuant to State Board of Regents' rules, an applied technology education
             443      degree is primarily a terminal degree, but is transferable to a bachelor's degree in applied technology


             444      at other higher education institutions under specific articulation agreements;]
             445          [(4)] (a) ensure that the Utah College of Applied Technology college campuses comply with
             446      the requirements in Section 53B-2a-106 ;
             447          (b) appoint the president for the Utah College of Applied Technology in accordance with
             448      Section 53B-2a-102 ;
             449          [(5)] (c) advise the president of the Utah College of Applied Technology and the State
             450      Board of Regents on issues related to [applied technology] career and technical education, including
             451      articulation with institutions of higher education and public education;
             452          [(6)] (d) receive budget requests from each college campus, compile and prioritize the
             453      requests, and submit the request to:
             454          [(a)] (i) the Legislature; and
             455          [(b)] (ii) the Governor's Office of Planning and Budget;
             456          [(7)] (e) receive funding requests pertaining to capital facilities and land purchases from each
             457      college campus, ensure that the requests comply with Section 53B-2a-112 , prioritize the requests,
             458      and submit the prioritized requests to the State Building Board;
             459          (f) in conjunction with the Utah College of Applied Technology president, establish
             460      benchmarks, provide oversight, evaluate program performance, and obtain independent audits to
             461      ensure that campuses follow the non-credit career and technical education mission described in this
             462      part;
             463          (g) approve programs for the Utah College of Applied Technology;
             464          (h) approve the tuition rates for the Utah College of Applied Technology;
             465          [(8)] (i) prepare and submit an annual report detailing its progress and recommendations on
             466      [applied technology] career and technical education issues to the governor and to the Legislature's
             467      Education Interim Committee by October 31 of each year, which shall include information detailing:
             468          [(a)] (i) how the [applied technology] career and technical education needs of secondary
             469      students are being met, including what access secondary students have to programs offered at college


             470      campuses; [and]
             471          [(b)] (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
             472      industry described in Subsection 53B-2a-106 (1)(c)(ii) is being provided; [and]
             473          (iii) performance outcomes, including:
             474          (A) entered employment;
             475          (B) job retention; and
             476          (C) earnings; and
             477          [(c) what access secondary students have to programs offered:]
             478          [(i) at college campuses; and]
             479          [(ii) within the regions served by Snow College, and the College of Eastern Utah;]
             480          [(9) receive, by September 30 of each year, an annual report from Snow College and the
             481      College of Eastern Utah on the status of and maintenance of the effort for applied technology
             482      education in the regions served by Snow College and the College of Eastern Utah, including access to
             483      open-entry, open-exit competency-based applied technology education programs at the tuition rate
             484      approved by the Utah College of Applied Technology for adults and at no tuition cost to secondary
             485      students; and]
             486          [(10) perform other duties and responsibilities prescribed under the policies of the State
             487      Board of Regents.]
             488          (iv) student tuition and fees; and
             489          (j) collaborate with the State Board of Regents, the State Board of Education, the State
             490      System of Public Education, the State System of Higher Education, the Department of Workforce
             491      Services, and the Governor's Office of Economic Development on the delivery of career and
             492      technical education.
             493          (3) The Utah College of Applied Technology Board of Trustees, the president of the Utah
             494      College of Applied Technology, and the Utah College of Applied Technology's college campuses,
             495      presidents, and boards of directors may not conduct a feasibility study or perform another act relating


             496      to offering a degree or awarding credit.
             497          Section 10. Section 53B-2a-105 is amended to read:
             498           53B-2a-105. Utah College of Applied Technology -- Composition.
             499          The Utah College of Applied Technology is composed of the following college campuses:
             500          (1) the Bridgerland Applied Technology College Campus which serves the geographic area
             501      encompassing:
             502          (a) the Box Elder School District;
             503          (b) the Cache School District;
             504          (c) the Logan School District; and
             505          (d) the Rich School District;
             506          (2) the Ogden-Weber Applied Technology College Campus which serves the geographic
             507      area encompassing:
             508          (a) the Ogden City School District; and
             509          (b) the Weber School District;
             510          (3) the Davis Applied Technology College Campus which serves the geographic area
             511      encompassing:
             512          (a) the Davis School District; and
             513          (b) the Morgan School District;
             514          (4) the [Salt Lake/Tooele] Tooele Applied Technology College Campus which serves the
             515      geographic area encompassing[:] the Tooele County School District;
             516          [(a) the Salt Lake City School District;]
             517          [(b) the Granite School District;]
             518          [(c) the Jordan School District;]
             519          [(d) the Murray School District; and]
             520          [(e) the Tooele School District;]
             521          (5) the Mountainland Applied Technology College Campus which serves the geographic


             522      area encompassing:
             523          (a) the Alpine School District;
             524          (b) the Nebo School District;
             525          (c) the Provo School District;
             526          (d) the South Summit School District;
             527          (e) the North Summit School District;
             528          (f) the Wasatch School District; and
             529          (g) the Park City School District;
             530          (6) the Uintah Basin Applied Technology College Campus which serves the geographic area
             531      encompassing:
             532          (a) the Daggett School District;
             533          (b) the Duchesne School District; and
             534          (c) the Uintah School District;
             535          (7) the Southwest Applied Technology College Campus which serves the geographic area
             536      encompassing:
             537          (a) the Beaver School District;
             538          (b) the Garfield School District;
             539          (c) the Iron School District; and
             540          (d) the Kane School District; and
             541          (8) the Dixie Applied Technology College Campus which serves the geographic area
             542      encompassing the Washington School District.
             543          Section 11. Section 53B-2a-106 is amended to read:
             544           53B-2a-106. College campuses -- Duties.
             545          (1) Each Utah College of Applied Technology college campus shall, within the geographic
             546      area served by the college campus:
             547          (a) offer a non-credit post-secondary and [extra-secondary applied technology] secondary


             548      career and technical education curriculum;
             549          (b) offer that curriculum at:
             550          (i) [market] low cost to adult students, as approved by the board of trustees [and the State
             551      Board of Regents]; and
             552          (ii) no tuition to secondary students [within the campus' jurisdiction];
             553          (c) provide [applied technology] career and technical education that will result in:
             554          (i) appropriate licensing, certification, or other evidence of completion of training; and
             555          (ii) qualification for specific employment, with an emphasis on high demand, high wage, and
             556      high skill jobs in business and industry;
             557          [(d) offer associate of applied technology degrees that have:]
             558          [(i) instruction provided in an open-entry, open-exit environment, except as required by
             559      external entities; and]
             560          [(ii) been reviewed by the board of trustees and approved by the State Board of Regents in
             561      accordance with Section 53B-1-103 ;]
             562          [(e)] (d) develop cooperative agreements with [local] school districts, charter schools, other
             563      higher education institutions, businesses, industries, and community and private agencies to maximize
             564      the availability of instructional facilities within the geographic area served by the college campus; and
             565          [(f)] (e) after consulting with [local] school districts and charter schools within the geographic
             566      area served by the college campus:
             567          (i) ensure that secondary students in the public education system have access to [applied
             568      technology] career and technical education at each college campus; and
             569          (ii) prepare and submit an annual report to the Utah College of Applied Technology detailing:
             570          (A) how the [applied technology] career and technical education needs of secondary
             571      students within the region are being met;
             572          (B) what access secondary students within the region have to programs offered at college
             573      campuses; [and]


             574          (C) how the emphasis on high demand, high wage, high skill jobs in business and industry
             575      described in Subsection (1)(c)(ii) is being provided[.]; and
             576          (D) student tuition and fees.
             577          (2) A college campus may offer:
             578          (a) a competency-based high school diploma approved by the State Board of Education in
             579      accordance with Section 53A-1-402 [.];
             580          (b) non-credit, basic instruction in areas such as reading, language arts, and mathematics that
             581      are necessary for student success in a chosen career and technical education or job-related program;
             582      and
             583          (c) non-credit courses of interest when similar offerings to the community are limited and
             584      courses are financially self-supporting.
             585          (3) A college campus may not:
             586          (a) offer courses other than [applied technology education and preparatory instruction in
             587      areas such as reading and mathematics that are necessary for student success in a chosen applied
             588      technology education or job-related program] non-credit career and technical education or the
             589      non-credit, basic instruction described in Subsections (2)(b) and (c);
             590          (b) offer a degree [other than an associate of applied technology degree approved by the
             591      State Board of Regents in accordance with Section 53B-1-103 ];
             592          (c) offer career and technical education or basic instruction outside the geographic area
             593      served by the college campus without a cooperative agreement between an affected institution,
             594      except as provided in Subsection (6);
             595          [(c)] (d) provide tenure or academic rank for its instructors; and
             596          [(d)] (e) participate in intercollegiate athletics.
             597          (4) [(a)] The mission of a college campus is limited to [applied technology] non-credit career
             598      and technical education and may not expand to include credit-based academic programs typically
             599      offered by community colleges or other institutions of higher education.


             600          [(b) A college campus may not offer a noncredit academic program that is offered as a
             601      noncredit program by another higher education institution that is located in the same service region
             602      unless the program has received approval through the regional planning process required by the State
             603      Board of Regents.]
             604          [(c) If a program is approved to be offered at more than one institution of higher education
             605      through the regional planning process required by the State Board of Regents, the institutions within
             606      that region shall agree to a uniform tuition for that program and submit the proposed tuition level to
             607      the State Board of Regents for approval.]
             608          (5) [Each] A campus shall be recognized as a college campus of the Utah College of
             609      Applied Technology, and regional affiliation shall be retained and recognized through local
             610      designations such as "Bridgerland Applied Technology College: A Utah College of Applied
             611      Technology Campus."
             612          (6) (a) A college campus may offer career and technical education or basic instruction
             613      outside the geographic area served by the college campus without a cooperative agreement, as
             614      required in Subsection (3)(c), if:
             615          (i) the career and technical education or basic instruction is specifically requested by:
             616          (A) an employer; or
             617          (B) a craft, trade, or apprenticeship program;
             618          (ii) the college campus notifies the affected institution about the request; and
             619          (iii) the affected institution is given an opportunity to make a proposal, prior to any contract
             620      being finalized or training being initiated by the college campus, to the employer, craft, trade, or
             621      apprenticeship program about offering the requested career and technical education or basic
             622      instruction, provided that the proposal shall be presented no later than one business week from the
             623      delivery of the notice described under Subsection (6)(b).
             624          (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior training
             625      relationship.


             626          Section 12. Section 53B-2a-107 is amended to read:
             627           53B-2a-107. Campus presidents -- Appointments -- Duties.
             628          (1) (a) The president of the Utah College of Applied Technology shall, after consultation with
             629      a campus board of directors and with the approval of the board of trustees, appoint a campus
             630      president for a college campus[ from a list of at least three names submitted to the president by the
             631      campus board of directors to].
             632          (b) A campus president shall serve as the chief administrative officer of the college campus.
             633          [(b)] (c) A campus president does not need to have a doctorate degree, but shall have
             634      extensive experience in [applied technology] career and technical education.
             635          [(c)] (d) A campus president is subject to regular review and evaluation administered by the
             636      Utah College of Applied Technology president, in cooperation with the campus board of directors,
             637      through a process approved by the board of trustees.
             638          [(d)] (e) A campus president serves at the discretion of the Utah College of Applied
             639      Technology president, in cooperation with the campus board of directors and the board of trustees.
             640          (2) Each campus president of a college campus shall:
             641          (a) serve as the executive officer of the campus board of directors;
             642          (b) administer the day-to-day operations of the college campus [under the direction of];
             643          (c) consult with the campus board of directors; and
             644          [(c)] (d) administer human resource policies and employee compensation plans in
             645      accordance with the requirements of the Utah College of Applied Technology Board of Trustees.
             646          Section 13. Section 53B-2a-108 is amended to read:
             647           53B-2a-108. Campus boards of directors -- Membership -- Appointments.
             648          [Each] A campus shall have a campus board of directors appointed as follows:
             649          (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
             650      composed of the following [13] 12 members:
             651          (a) one elected local school board member appointed by the board of education for the Box


             652      Elder School District;
             653          (b) one elected local school board member appointed by the board of education for the
             654      Cache School District;
             655          (c) one elected local school board member appointed by the board of education for the
             656      Logan School District;
             657          (d) one elected local school board member appointed by the board of education for the Rich
             658      School District;
             659          (e) one member of the Utah State University board of trustees; and
             660          [(f) one member of the State Board of Regents designated by the chair of the State Board of
             661      Regents to serve a one-year term; and]
             662          [(g) seven] (f) seven representatives of business or industry employers within the region
             663      appointed jointly by the members appointed under Subsections (1)(a) through [(f)] (e);
             664          (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
             665      composed of the following [11] ten members:
             666          (a) one elected local school board member appointed by the board of education for the
             667      Ogden City School District;
             668          (b) one elected local school board member appointed by the board of education for the
             669      Weber School District;
             670          (c) one elected local school board member jointly appointed by the boards of education for
             671      the Ogden City School District and the Weber School District;
             672          (d) one member of the Weber State University board of trustees; and
             673          [(e) one member of the State Board of Regents designated by the chair of the State Board of
             674      Regents to serve a one-year term; and]
             675          [(f) six] (e) six representatives of business or industry employers within the region appointed
             676      jointly by the members appointed under Subsections (2)(a) through [(e)] (d);
             677          (3) the Davis Applied Technology College Campus Board of Directors shall be composed


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


             704      Regents to serve a one-year term; and]
             705          (c) one member of the Utah State University board of trustees; and
             706          [(h) eight] (d) seven representatives of business or industry employers within the region
             707      appointed jointly by the members appointed under Subsections (4)(a) through [(g)] (c);
             708          (5) the Mountainland Applied Technology College Campus Board of Directors shall be
             709      composed of the following [19] 18 members:
             710          (a) one elected local school board member appointed by the board of education for the
             711      Alpine School District;
             712          (b) one elected local school board member appointed by the board of education for the
             713      Nebo School District;
             714          (c) one elected local school board member appointed by the board of education for the
             715      Provo School District;
             716          (d) one elected local school board member appointed by the board of education for the
             717      South Summit School District;
             718          (e) one elected local school board member appointed by the board of education for the
             719      North Summit School District;
             720          (f) one elected local school board member appointed by the board of education for the
             721      Wasatch School District;
             722          (g) one elected local school board member appointed by the board of education for the Park
             723      City School District;
             724          (h) one member of the Utah Valley University board of trustees;
             725          [(i) one member of the State Board of Regents designated by the chair of the State Board of
             726      Regents to serve a one-year term; and]
             727          [(j) ten] (i) ten representatives of business or industry employers within the region appointed
             728      jointly by the members appointed under Subsections (5)(a) through [(i)] (h); and
             729          (6) the Uintah Basin Applied Technology College Campus Board of Directors shall be


             730      composed of the following [11] ten members:
             731          (a) one elected local school board member appointed by the board of education for the
             732      Daggett School District;
             733          (b) one elected local school board member appointed by the board of education for the
             734      Duchesne School District;
             735          (c) one elected local school board member appointed by the board of education for the
             736      Uintah School District;
             737          (d) one member of the Utah State University board of trustees; and
             738          [(e) one member of the State Board of Regents designated by the chair of the State Board of
             739      Regents to serve a one-year term; and]
             740          [(f) six] (e) six representatives of business or industry employers within the region appointed
             741      jointly by the members appointed under Subsections (6)(a) through [(e)] (d);
             742          (7) the Southwest Applied Technology College Campus Board of Directors shall be
             743      composed of the following [13] 12 members:
             744          (a) one elected local school board member appointed by the board of education for the
             745      Beaver School District;
             746          (b) one elected local school board member appointed by the board of education for the
             747      Garfield School District;
             748          (c) one elected local school board member appointed by the board of education for the Iron
             749      School District;
             750          (d) one elected local school board member appointed by the board of education for the
             751      Kane School District;
             752          (e) one member of the Southern Utah University board of trustees; and
             753          [(f) one member of the State Board of Regents designated by the chair of the State Board of
             754      Regents to serve a one-year term; and]
             755          [(g) seven] (f) seven representatives of business or industry employers within the region


             756      appointed jointly by the members appointed under Subsections (7)(a) through [(f)] (e);
             757          (8) the Dixie Applied Technology College Campus Board of Directors shall be composed of
             758      the following [11] ten members:
             759          (a) three elected local school board members appointed by the board of education for the
             760      Washington School District;
             761          (b) one member of the Dixie State College of Utah board of trustees; and
             762          [(c) one member of the State Board of Regents designated by the chair of the State Board of
             763      Regents to serve a one-year term; and]
             764          [(d) six] (c) six representatives of business or industry employers within the region appointed
             765      jointly by the members appointed under Subsections (8)(a) through [(c)] (b); and
             766          (9) the representatives of business or industry employers shall be:
             767          (a) appointed jointly by the designated members from a list of names provided by local
             768      organizations or associations whose members employ workers with [applied technology] career and
             769      technical education[.];
             770          (b) individuals recognized for their knowledge and expertise;
             771          (c) individuals who represent current and emerging business and industry sectors of the state;
             772      and
             773          (d) appointed on a nonpartisan basis.
             774          Section 14. Section 53B-2a-109 is amended to read:
             775           53B-2a-109. Campus boards of directors -- Terms -- Quorum -- Chair--
             776      Compensation.
             777          (1) (a) At the first meeting of a campus board of directors after [September 1, 2001] July 1,
             778      2009:
             779          (i) the representatives from the local school boards shall divide up their positions so that
             780      approximately half of them serve for two-year terms and half serve for four-year terms; and
             781          (ii) the representatives from business and industry employers shall divide up their positions so


             782      that approximately half of them serve for two-year terms and half serve for four-year terms.
             783          (b) Except as provided in Subsection (1)(a) [and except for State Board of Regents
             784      members who serve a one-year term], individuals appointed to a campus board of directors shall
             785      serve four-year terms.
             786          (2) The original appointing authority shall fill any vacancies that occur on the campus board
             787      of directors.
             788          (3) A majority of the campus board of directors is a quorum.
             789          (4) [The] A campus board of directors shall elect a chair from its membership.
             790          (5) (a) (i) Members who are not government employees shall receive no compensation or
             791      benefits for their services, but may receive per diem and expenses incurred in the performance of the
             792      member's official duties from the campus board of directors at the rates established by the Division
             793      of Finance under Sections 63A-3-106 and 63A-3-107 .
             794          (ii) Members may decline to receive per diem and expenses for their service.
             795          (b) (i) Higher education members who do not receive salary, per diem, or expenses from the
             796      entity that they represent for their service may receive per diem and expenses incurred in the
             797      performance of their official duties from the campus board of directors at the rates established by the
             798      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             799          (ii) Higher education members may decline to receive per diem and expenses for their
             800      service.
             801          (c) (i) Members appointed by local school boards who do not receive salary, per diem, or
             802      expenses from the entity that they represent for their service may receive per diem and expenses
             803      incurred in the performance of their official duties from the campus board of directors at the rates
             804      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             805          (ii) Local school board members may decline to receive per diem and expenses for their
             806      service.
             807          (6) (a) [Each] A campus board of directors may enact bylaws for its own government,


             808      including provision for regular meetings, that are in accordance with the policies of the Utah College
             809      of Applied Technology.
             810          (b) (i) The campus board of directors may provide for an executive committee in its bylaws.
             811          (ii) If established, the committee shall have the full authority of the campus board of directors
             812      to act upon routine matters during the interim between [regional] board meetings.
             813          (iii) The committee may act on nonroutine matters only under extraordinary and emergency
             814      circumstances.
             815          (iv) The committee shall report its activities to the campus board of directors at its next
             816      regular meeting following the action.
             817          (7) A [regional] campus board of directors may establish advisory committees.
             818          Section 15. Section 53B-2a-110 is amended to read:
             819           53B-2a-110. Campus board of directors -- Powers and duties.
             820          (1) [Each] A campus board of directors shall:
             821          (a) [prepare and submit] assist the campus president in preparing a budget request for its
             822      annual operations to the Utah College of Applied Technology Board of Trustees;
             823          (b) after consulting with the Utah College of Applied Technology, other higher education
             824      institutions, [and local] school districts, and charter schools within its region, prepare a comprehensive
             825      strategic plan for delivering [applied technology] career and technical education within its region;
             826          (c) consult with business, industry, the Department of Workforce Services, the Governor's
             827      Office of Economic Development, and the Governor's Office of Planning and Budget on an ongoing
             828      basis to determine what workers and skills are needed for employment in Utah businesses and
             829      industries;
             830          (d) develop programs based upon the information gathered in accordance with Subsection
             831      (1)(c), including expedited program approval and termination procedures to meet market needs;
             832          (e) adopt an annual budget and fund balances;
             833          (f) develop policies for the operation of [applied technology] career and technical education


             834      facilities under its jurisdiction;
             835          (g) establish human resources and compensation policies for all employees in accordance
             836      with policies of the Utah College of Applied Technology Board of Trustees;
             837          (h) approve credentials for employees and assign employees to duties in accordance with the
             838      Utah College of Applied Technology Board of Trustees policies and accreditation guidelines;
             839          (i) conduct annual program evaluations;
             840          (j) appoint program advisory committees and other advisory groups to provide counsel,
             841      support, and recommendations for updating and improving the effectiveness of training programs and
             842      services;
             843          (k) approve regulations, both regular and emergency, to be issued and executed by the
             844      campus president;
             845          (l) coordinate with local school boards [and], school districts, and charter schools to
             846      [protect] meet the [applied technology] career and technical education needs of secondary students;
             847      and
             848          (m) develop policies and procedures for the admission, classification, instruction, and
             849      examination of students in accordance with the policies and accreditation guidelines of the Utah
             850      College of Applied Technology[,] and the State Board of Education[, and the State Board of
             851      Regents].
             852          (2) Subsection (1)(g) does not apply to a campus president.
             853          [(2)] (3) A campus board of directors may not exercise any jurisdiction over [applied
             854      technology] career and technical education provided by a [local] school district or charter school or
             855      provided by a higher education institution independently of a college campus.
             856          [(3)] (4) If a program advisory committee or other advisory group submits a printed
             857      recommendation to the campus board of directors, the campus board of directors shall acknowledge
             858      the recommendation with a printed response that explains the campus board of directors' action
             859      regarding the recommendation and the reasons for the action.


             860          Section 16. Section 53B-2a-111 is amended to read:
             861           53B-2a-111. Board of Trustees -- Consultation with State Board of Regents.
             862          [(1)] The [board] Utah College of Applied Technology Board of Trustees shall consult with
             863      the [Utah College of Applied Technology Board of Trustees or the president of the Utah College of
             864      Applied Technology or both before acting on matters pertaining to the Utah College of Applied
             865      Technology] State Board of Regents to coordinate the delivery of career and technical education.
             866          [(2) The board shall consult with a campus board of directors or the campus president or
             867      both before acting on matters pertaining to a college campus.]
             868          [(3) The board may:]
             869          [(a) call meetings with the Utah College of Applied Technology Board of Trustees or one or
             870      more of the campus boards of directors; and]
             871          [(b) appoint committees to perform duties assigned by the board that include:]
             872          [(i) (A) members of the Utah College of Applied Technology Board of Trustees; or]
             873          [(B) administrators of the Utah College of Applied Technology; or]
             874          [(ii) (A) members of one or more of the campus boards of directors; or]
             875          [(B) administrators, faculty staff members, or students of one or more of the college
             876      campuses.]
             877          Section 17. Section 53B-2a-112 is amended to read:
             878           53B-2a-112. College campuses -- Relationships with other public and higher
             879      education institutions -- Agreements -- Priorities -- New capital facilities.
             880          (1) As used in this section, "higher education institution" means, for each college campus, the
             881      higher education institution designated in Section 53B-2a-108 [, except for the State Board of
             882      Regents, to have] that has a representative on its campus board of directors.
             883          (2) A college campus shall avoid any unnecessary duplication of [applied technology] career
             884      and technical education instructional facilities, programs, administration, and staff between the college
             885      campus and other public and higher education institutions.


             886          (3) A college campus may enter into agreements:
             887          (a) with other higher education institutions to cultivate cooperative relationships;
             888          (b) with other public and higher education institutions to enhance [applied technology] career
             889      and technical education within its region; or
             890          (c) to comply with Subsection (2).
             891          (4) Before a college campus develops its own new instructional facilities, it shall give priority
             892      to:
             893          (a) maintaining its own existing instructional facilities for both secondary and adult students;
             894          (b) coordinating with the president of a higher education institution and entering into any
             895      necessary agreements to provide [applied technology] career and technical education to both
             896      secondary and adult students that:
             897          (i) maintain and support existing higher education [applied technology] career and technical
             898      education programs; and
             899          (ii) maximize the use of existing higher education facilities; and
             900          (c) developing cooperative agreements with [local] school districts, charter schools, other
             901      higher education institutions, businesses, industries, and community and private agencies to maximize
             902      the availability of [applied technology] career and technical education instructional facilities for both
             903      secondary and adult students.
             904          (5) (a) Before submitting a funding request pertaining to new capital facilities and land
             905      purchases to the Utah College of Applied Technology, a college campus shall:
             906          (i) ensure that all available instructional facilities are maximized in accordance with
             907      Subsections (4)(a) through (c); and
             908          (ii) coordinate the request with the president of a higher education institution, if applicable.
             909          (b) The State Building Board shall make a finding that the requirements of this section are
             910      met before it may consider a funding request of the Utah College of Applied Technology pertaining to
             911      new capital facilities and land purchases.


             912          (c) A college campus may not construct, approve the construction of, plan for the design or
             913      construction of, or consent to the construction of [an applied technology] a career and technical
             914      education facility without approval of the Legislature.
             915          (6) Before acquiring new fiscal and administrative support structures, a college campus shall:
             916          (a) review the use of existing public or higher education administrative and accounting
             917      systems, financial record systems, and student and financial aid systems for the delivery of [applied
             918      technology] career and technical education in the region;
             919          (b) determine whether it is feasible to use those existing systems; and
             920          (c) with the approval of the campus board of directors and the board of trustees, use those
             921      existing systems.
             922          [(7) (a) The higher education institution for the region shall have the first opportunity to offer
             923      the general education courses that are required for an associate of applied technology degree offered
             924      by the Utah College of Applied Technology, at the college campus site.]
             925          [(b) The content of the general education courses described in Subsection (7)(a) shall be
             926      defined by the higher education institution for the region in a manner consistent with the needs of the
             927      Utah College of Applied Technology.]
             928          [(c) If the higher education institution for the region is unable to offer the courses described in
             929      Subsection (7)(a), other institutions of higher education may offer those courses.]
             930          [(d) The college campuses shall be responsible to provide technical skills training and basic
             931      skills as required by business and industry towards an associate of applied technology degree.]
             932          Section 18. Section 53B-2a-113 is amended to read:
             933           53B-2a-113. College campuses -- Leasing authority -- Lease-purchase agreements
             934      -- Report.
             935          (1) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into a lease
             936      with other higher education institutions, [public] school districts, charter schools, state agencies, or
             937      business and industry for a term of:


             938          (a) one year or less with the approval of the campus board of directors; and
             939          (b) more than one year with the approval of the board of trustees and:
             940          (i) the approval of funding for the lease by the Legislature prior to a college campus entering
             941      into the lease; or
             942          (ii) the lease agreement includes language that allows termination of the lease without penalty.
             943          (2) (a) In accordance with Subsection 53B-2a-112 (2), a college campus may enter into a
             944      lease-purchase agreement if:
             945          (i) there is a long-term benefit to the state;
             946          (ii) the project is included in both the campus and Utah College of Applied Technology
             947      master plans;
             948          (iii) the lease-purchase agreement includes language that allows termination of the lease;
             949          (iv) the lease-purchase agreement is approved by the campus board of directors and the
             950      board of trustees; and
             951          (v) the lease-purchase agreement is:
             952          (A) reviewed by the Division of Facilities Construction and Management;
             953          (B) reviewed by the State Building Board; and
             954          (C) approved by the Legislature.
             955          (b) An approval under Subsection (2)(a) shall include a recognition of:
             956          (i) all parties, dates, and elements of the agreement;
             957          (ii) the equity or collateral component that creates the benefit; and
             958          (iii) the options dealing with the sale and division of equity.
             959          (3) (a) Each college campus shall provide an annual lease report to the board of trustees that
             960      details each of its leases, annual costs, location, square footage, and recommendations for lease
             961      continuation.
             962          (b) The president of the Utah College of Applied Technology shall compile and distribute an
             963      annual combined lease report for all college campuses to the Division of Facilities Construction


             964      Management and to others upon request.
             965          (4) The Utah College of Applied Technology shall use the annual combined lease report in
             966      determining planning, utilization, and budget requests.
             967          Section 19. Section 53B-6-101 is amended to read:
             968           53B-6-101. Additional responsibilities of the board -- Studies and evaluations --
             969      Master plan for higher education -- Productivity -- Institutional student assessment --
             970      Biennial accountability report to the Legislature.
             971          (1) The board shall conduct continuing studies and evaluations of the facilities, grounds,
             972      buildings, and equipment at the higher education institutions under its jurisdiction and use space
             973      utilization and other studies conducted by the State Building Board.
             974          (2) The board shall establish and maintain an up-to-date master plan which shall include:
             975          (a) providing for statewide planning of public higher education in terms of aims, purposes,
             976      and objectives of the system as a whole;
             977          (b) establishing and defining the role and programs of each institution within the system;
             978          (c) establishing criteria for and determination of the future needs and requirements for new
             979      programs and new institutions and the elimination, curtailment, or consolidation of existing programs
             980      and facilities;
             981          (d) providing for the initiation and financing of projects as considered necessary to meet and
             982      satisfy the projected patterns of growth and maintenance;
             983          (e) establishing criteria for and determination of the operating and capital budgetary needs of
             984      each institution and the system as a whole;
             985          (f) recommending the methods and sources of future financial support of the higher education
             986      system;
             987          (g) establishing procedures for the development of maximum utilization of existing facilities as
             988      suggested by space utilization studies conducted by the State Building Board; and
             989          (h) securing an adequate and coordinated program for the community colleges and [applied


             990      technology/technical] career and technical education programs in the institutions and departments in
             991      the state system of higher education.
             992          (3) (a) The board may do all things necessary for the effective implementation of the
             993      statewide master plan as adopted and revised by the board from time to time.
             994          (b) The State Board of Education and the Utah College of Applied Technology shall provide
             995      [applied technology] career and technical education staff assistance to the State Board of Regents in
             996      support of master planning activities related to [applied technology] career and technical education in
             997      higher education.
             998          (4) (a) The board shall adopt rules and initiate programs to promote and increase
             999      productivity in the state system of higher education.
             1000          (b) The board shall require each college and university in the system to establish multiple
             1001      measures of institutional and student assessment in order to improve student instruction, academic
             1002      programs, and learning opportunities.
             1003          (c) The board shall submit a biennial accountability report to the Legislature, which shall
             1004      include such factors as:
             1005          (i) space utilization, faculty productivity, and other similar measures of the management of
             1006      institutional resources at each institution; and
             1007          (ii) student assessment at entry to each institution, at critical midway points, and at exit.
             1008          (d) The board shall establish a systemwide committee to address assessment and
             1009      accountability issues and propose essential elements to be included in the biennial report.
             1010          Section 20. Section 53B-16-102 is amended to read:
             1011           53B-16-102. Changes in curriculum -- Substantial alterations in institutional
             1012      operations -- Periodic review of programs -- Career and technical education curriculum
             1013      changes.
             1014          (1) Under procedures and policies approved by the board and developed in consultation
             1015      with each institution of higher education, each institution may make such changes in its curriculum as


             1016      necessary to better effectuate the institutional role previously approved by the board.
             1017          (2) Notice of a change in the curriculum shall in all cases be promptly submitted to the board.
             1018          (3) The board shall establish procedures and policies for considering institutional proposals
             1019      for substantial alterations in the scope of existing institutional operations.
             1020          (4) Alterations shall not be made without prior approval of the state board.
             1021          (5) For purposes of this section, "substantial alteration" means the establishment of a branch,
             1022      extension center, college, professional school, division, institute, department, or a new program in
             1023      instruction, research, or public services or a new degree, diploma, or certificate.
             1024          (6) The board shall conduct periodic reviews of all programs of instruction, research, and
             1025      public service at each institution, including those funded by gifts, grants, and contracts, and may
             1026      require the modification or termination of any program.
             1027          (7) Prior to requiring modification or termination of a program, the board shall give the
             1028      institution adequate opportunity for a hearing before the board.
             1029          (8) In making decisions related to [applied technology] career and technical education
             1030      curriculum changes, the board shall request a review of the proposed changes by the State Board of
             1031      Education and the Utah College of Applied Technology to ensure an orderly and systematic [applied
             1032      technology] career and technical education curriculum that eliminates overlap and duplication of
             1033      course work with the high schools and the Utah College of Applied Technology.
             1034          Section 21. Section 53B-16-205 is amended to read:
             1035           53B-16-205. Establishment of Snow College Richfield campus -- Supervision and
             1036      administration -- Transition -- Institutional mission.
             1037          (1) There is established a branch campus of Snow College in Richfield, Utah, hereafter
             1038      referred to as the Snow College Richfield campus.
             1039          (2) Snow College shall administer the branch campus under the general control and
             1040      supervision of the State Board of Regents as an integrated part of Snow College's mission, programs,
             1041      and curriculum.


             1042          (3) Snow College shall:
             1043          (a) maintain a strong curriculum in [applied technology] career and technical education
             1044      courses at the Snow College Richfield campus and within the region served by Snow College which
             1045      can be transferred to other institutions within the higher education system, together with lower division
             1046      courses and courses required for associate degrees in science, arts, applied science, and [applied
             1047      technology] career and technical education;
             1048          (b) work with [local] school districts and charter schools in developing an aggressive
             1049      concurrent enrollment program in cooperation with Snow College Richfield campus; and
             1050          (c) provide, through the Snow College Richfield Campus, for open-entry, open-exit
             1051      competency-based [applied technology] career and technical education programs, at [the] a low cost
             1052      tuition rate [approved by the Utah College of Applied Technology] for adults and at no tuition cost to
             1053      secondary students, that emphasize short-term job training or retraining for immediate placement in
             1054      the job market and serve the geographic area encompassing:
             1055          (i) the Juab School District;
             1056          (ii) the Millard School District;
             1057          (iii) the Tintic School District;
             1058          (iv) the North Sanpete School District;
             1059          (v) the South Sanpete School District;
             1060          (vi) the Wayne School District;
             1061          (vii) the Piute School District; and
             1062          (viii) the Sevier School District.
             1063          (4) Snow College may not exercise any jurisdiction over [applied technology] career and
             1064      technical education provided by a [local] school district or charter school independently of Snow
             1065      College.
             1066          (5) Snow College shall report to the [Utah College of Applied Technology by September 30
             1067      of each year] State Board of Regents annually on:


             1068          (a) the status of and maintenance of the effort for [applied technology] career and technical
             1069      education in the region served by Snow College, including access to open-entry, open-exit
             1070      competency-based [applied technology] career and technical education programs [at the tuition rate
             1071      approved by the Utah College of Applied Technology for adults and at no tuition cost to secondary
             1072      students.]; and
             1073          (b) student tuition and fees.
             1074          (6) Legislative appropriations to Snow College's career and technical education shall be
             1075      made as line items that are separate from other appropriations for Snow College.
             1076          Section 22. Section 53B-16-206 is amended to read:
             1077           53B-16-206. Snow College -- Career and technical education advisory committee --
             1078      Membership -- Duties.
             1079          (1) The Snow College Richfield campus shall have [an applied technology] a career and
             1080      technical education advisory committee composed of the following 19 members:
             1081          (a) one elected local school board member appointed by the board of education for the Juab
             1082      School District;
             1083          (b) one elected local school board member appointed by the board of education for the
             1084      Millard School District;
             1085          (c) one elected local school board member appointed by the board of education for the
             1086      Tintic School District;
             1087          (d) one elected local school board member appointed by the board of education for the
             1088      North Sanpete School District;
             1089          (e) one elected local school board member appointed by the board of education for the
             1090      South Sanpete School District;
             1091          (f) one elected local school board member appointed by the board of education for the
             1092      Wayne School District;
             1093          (g) one elected local school board member appointed by the board of education for the


             1094      Piute School District;
             1095          (h) one elected local school board member appointed by the board of education for the
             1096      Sevier School District;
             1097          (i) one member of the Snow College board of trustees appointed by the president of Snow
             1098      College; and
             1099          (j) ten representatives of business or industry employers within the region appointed by the
             1100      president of Snow College from nominations of the members appointed under Subsections (1)(a)
             1101      through (i).
             1102          (2) The [applied technology] career and technical education advisory committee shall:
             1103          (a) after consulting with Snow College and local school districts within its region, prepare a
             1104      comprehensive strategic plan for delivering [applied technology] career and technical education within
             1105      its region;
             1106          (b) make recommendations regarding what skills are needed for employment in Utah
             1107      businesses and industries;
             1108          (c) recommend programs based upon the information gathered in accordance with
             1109      Subsection (2)(b);
             1110          (d) review annual program evaluations;
             1111          (e) provide counsel, support, and recommendations for updating and improving the
             1112      effectiveness of [applied technology] career and technical education programs and services, including
             1113      expedited program approval and termination of procedures, consistent with Board of Regents' policy;
             1114          (f) monitor program advisory committees and other advisory groups to provide counsel,
             1115      support, and recommendations for updating and improving the effectiveness of training programs and
             1116      services; and
             1117          (g) coordinate with local school boards [and], school districts, and charter schools to
             1118      [protect and enhance] meet the [applied technology] career and technical education needs of
             1119      secondary students.


             1120          Section 23. Section 53B-16-207 is amended to read:
             1121           53B-16-207. College of Eastern Utah -- Career and technical education --
             1122      Supervision and administration -- Transition -- Institutional mission.
             1123          (1) The College of Eastern Utah shall:
             1124          (a) maintain a strong curriculum in [applied technology] career and technical education
             1125      courses at its campus and within the region it serves which can be transferred to other institutions
             1126      within the higher education system, together with lower division courses and courses required for
             1127      associate degrees in science, arts, applied science, and [applied technology] career and technical
             1128      education;
             1129          (b) work with [local] school districts and charter schools in developing an aggressive
             1130      concurrent enrollment program; and
             1131          (c) provide for open-entry, open-exit competency-based [applied technology] career and
             1132      technical education programs, at [the] a low cost tuition rate [approved by the Utah College of
             1133      Applied Technology] for adults and at no tuition cost to secondary students, that emphasize
             1134      short-term job training or retraining for immediate placement in the job market and serve the
             1135      geographic area encompassing:
             1136          (i) the Carbon School District;
             1137          (ii) the Emery School District;
             1138          (iii) the Grand School District; and
             1139          (iv) the San Juan School District.
             1140          (2) The College of Eastern Utah may not exercise any jurisdiction over [applied technology]
             1141      career and technical education provided by a [local] school district or charter school independently of
             1142      the College of Eastern Utah.
             1143          (3) The College of Eastern Utah shall report to the [Utah College of Applied Technology by
             1144      September 30 of each year] State Board of Regents annually on:
             1145          (a) the status of and maintenance of the effort for [applied technology] career and technical


             1146      education in the region served by the College of Eastern Utah, including access to open-entry,
             1147      open-exit competency-based [applied technology] career and technical education programs [at the
             1148      tuition rate approved by the Utah College of Applied Technology for adults and at no tuition cost to
             1149      secondary students.]; and
             1150          (b) student tuition and fees.
             1151          (4) Legislative appropriations to the College of Eastern Utah's career and technical education
             1152      shall be made as line items that are separate from other appropriations for the College of Eastern
             1153      Utah.
             1154          Section 24. Section 53B-16-208 is amended to read:
             1155           53B-16-208. The College of Eastern Utah -- Career and technical education
             1156      advisory committee -- Membership -- Duties.
             1157          (1) The College of Eastern Utah shall have [an applied technology] a career and technical
             1158      education advisory committee composed of the following 11 members:
             1159          (a) one elected local school board member appointed by the board of education for the
             1160      Carbon School District;
             1161          (b) one elected local school board member appointed by the board of education for the
             1162      Emery School District;
             1163          (c) one elected local school board member appointed by the board of education for the
             1164      Grand School District;
             1165          (d) one elected local school board member appointed by the board of education for the San
             1166      Juan School District;
             1167          (e) one member of the College of Eastern Utah board of trustees appointed by the president
             1168      of the College of Eastern Utah; and
             1169          (f) six representatives of business or industry within the region appointed by the president of
             1170      the College of Eastern Utah from members of the program advisory committees overseeing career
             1171      and technical education in the region.


             1172          (2) The [applied technology] career and technical education advisory committee shall:
             1173          (a) after consulting with the College of Eastern Utah [and], school districts, and charter
             1174      schools within its region, prepare a comprehensive strategic plan for delivering [applied technology]
             1175      career and technical education within its region;
             1176          (b) make recommendations regarding what skills are needed for employment in Utah
             1177      businesses and industries;
             1178          (c) recommend programs based upon the information gathered in accordance with
             1179      Subsection (2)(b);
             1180          (d) review annual program evaluations;
             1181          (e) provide counsel, support, and recommendations for updating and improving the
             1182      effectiveness of [applied technology] career and technical education programs and services, including
             1183      expedited program approval and termination of procedures, consistent with Board of Regents' policy;
             1184          (f) monitor program advisory committees and other advisory groups to provide counsel,
             1185      support, and recommendations for updating and improving the effectiveness of training programs and
             1186      services; and
             1187          (g) coordinate with local school boards [and], districts, and charter schools to [protect and
             1188      enhance] meet the [applied technology] career and technical education needs of secondary students.
             1189          Section 25. Section 53B-16-209 is enacted to read:
             1190          53B-16-209. Salt Lake Community College -- School of Applied Technology --
             1191      Career and technical education -- Supervision and administration -- Institutional mission.
             1192          (1) (a) There is hereby established a School of Applied Technology at Salt Lake Community
             1193      College.
             1194          (b) Beginning on July 1, 2009, the Salt Lake Skills Center and the Salt Lake County portion
             1195      of the Salt Lake/Tooele Applied Technology College shall be established as Salt Lake Community
             1196      College's School of Applied Technology.
             1197          (2) Salt Lake Community College's School of Applied Technology is a continuation of the


             1198      Salt Lake Skills Center and the Salt Lake County portion of the Salt Lake/Tooele Applied
             1199      Technology College and shall:
             1200          (a) possess all rights, title, privileges, powers, immunities, franchises, endowments, property,
             1201      and claims of the Salt Lake Skills Center and the Salt Lake County portion of the Salt Lake/Tooele
             1202      Applied Technology College; and
             1203          (b) fulfill and perform all obligations of the Salt Lake Skills Center and the Salt Lake County
             1204      portion of the Salt Lake/Tooele Applied Technology College.
             1205          (3) Salt Lake Community College shall administer the School of Applied Technology with
             1206      the School of Applied Technology's Board of Directors as provided in Section 53B-16-210 .
             1207          (4) Salt Lake Community College's School of Applied Technology shall:
             1208          (a) provide non-credit career and technical education for both secondary and adult students,
             1209      with an emphasis primarily on open-entry, open-exit programs;
             1210          (b) ensure that economically disadvantaged, educationally disadvantaged, or other at-risk
             1211      students have access to non-credit career and technical education;
             1212          (c) maintain a strong curriculum in non-credit career and technical education courses which
             1213      can be articulated with credit career and technical education courses within the institution and within
             1214      the state system of higher education;
             1215          (d) offer non-credit, basic instruction in areas such as reading, language arts, and
             1216      mathematics that are necessary for student success in a chosen career and technical education or
             1217      job-related program;
             1218          (e) offer the curriculum at:
             1219          (i) low cost to adult students, consistent with legislative appropriations to the School of
             1220      Applied Technology; and
             1221          (ii) no tuition cost to secondary students;
             1222          (f) provide non-credit career and technical education that will result in:
             1223          (i) appropriate licensing, certification, or other evidence of completion of training; and


             1224          (ii) qualification for specific employment, with an emphasis on high demand, high wage, and
             1225      high skill jobs in business and industry;
             1226          (g) develop cooperative agreements within the geographic area served by the School of
             1227      Applied Technology with school districts, charter schools, and other higher education institutions,
             1228      businesses, industries, and community and private agencies to maximize the availability of instructional
             1229      facilities; and
             1230          (h) after consulting with school districts and charter schools within the geographic area
             1231      served:
             1232          (i) ensure that secondary students in the public education system have access to non-credit
             1233      career and technical education at each School of Applied Technology location; and
             1234          (ii) prepare and submit an annual report to the State Board of Regents detailing:
             1235          (A) how the non-credit career and technical education needs of secondary students within
             1236      the region are being met;
             1237          (B) what access secondary students within the region have to programs offered at School of
             1238      Applied Technology locations;
             1239          (C) how the emphasis on high demand, high wage, and high skill jobs in business and
             1240      industry is being provided; and
             1241          (D) student tuition and fees.
             1242          (5) Salt Lake Community College or its School of Applied Technology may not exercise any
             1243      jurisdiction over career and technical education provided by a school district or charter school
             1244      independently of Salt Lake Community College or its School of Applied Technology.
             1245          (6) Legislative appropriations to Salt Lake Community College's School of Applied
             1246      Technology shall be made as a line item that separates it from other appropriations for Salt Lake
             1247      Community College.
             1248          Section 26. Section 53B-16-210 is enacted to read:
             1249          53B-16-210. Salt Lake Community College -- School of Applied Technology Board


             1250      of Directors -- Membership -- Duties.
             1251          (1) Salt Lake Community College's School of Applied Technology shall have a board of
             1252      directors composed of the following 14 members:
             1253          (a) one elected local school board member appointed by the board of education for the Salt
             1254      Lake City School District;
             1255          (b) one elected local school board member appointed by the board of education for the
             1256      Granite School District;
             1257          (c) one elected local school board member appointed by the board of education for the
             1258      Canyons School District;
             1259          (d) one elected local school board member appointed by the board of education for the
             1260      Jordan School District;
             1261          (e) one elected local school board member appointed by the board of education for the
             1262      Murray School District;
             1263          (f) one member of the Salt Lake Community College board of trustees, appointed by the
             1264      chair of the board of trustees;
             1265          (g) one representative of groups who advocate for or provide services to populations of
             1266      disadvantaged students, appointed by the president of Salt Lake Community College, in consultation
             1267      with the School of Applied Technology's Board of Directors; and

             1268          (h) seven representatives of business or industry employers within the region, appointed by
             1269      the president of Salt Lake Community College, in consultation with the School of Applied
             1270      Technology's Board of Directors, from names provided by business and industry associations
             1271      representing sectors that employ workers with career and technical education.
             1272          (2) The School of Applied Technology's Board of Directors shall:
             1273          (a) consult on an ongoing basis with:
             1274          (i) Salt Lake Community College;
             1275          (ii) school districts and charter schools within its region;


             1276          (iii) business and industry;
             1277          (iv) craft, trade, and apprenticeship programs;
             1278          (v) the Department of Workforce Services;
             1279          (vi) the Governor's Office of Economic Development; and
             1280          (vii) the Governor's Office of Planning and Budget;
             1281          (b) prepare a comprehensive strategic plan for delivering career and technical education
             1282      within Salt Lake County;
             1283          (c) make recommendations regarding what skills are needed for employment in businesses
             1284      and industries;
             1285          (d) recommend the development of programs based upon the information gathered in
             1286      accordance with Subsection (2)(a), including expedited program approval and termination
             1287      procedures to meet market needs;
             1288          (e) conduct annual program evaluations;
             1289          (f) jointly appoint School of Applied Technology program advisory committees and other
             1290      School of Applied Technology program advisory groups with the dean of the School of Applied
             1291      Technology to provide counsel, support, and recommendations for updating and improving the
             1292      effectiveness of non-credit career and technical education programs and services;
             1293          (g) coordinate with local school boards, school districts, and charter schools to protect and
             1294      enhance the non-credit career and technical education needs of secondary students;
             1295          (h) adopt an annual budget and fund balances for the School of Applied Technology;
             1296          (i) develop policies and procedures for the operation of the School of Applied Technology
             1297      facilities under its jurisdiction;
             1298          (j) recommend credentials for employees and the assignment of employees to duties in
             1299      accordance with:
             1300          (i) State Board of Regents and Salt Lake Community College policies;
             1301          (ii) the Council on Occupational Education accreditation guidelines; and


             1302          (iii) the Northwest Commission on Colleges and Universities accreditation guidelines;
             1303          (k) develop policies and procedures for the admission, classification, instruction, and
             1304      examination of students in accordance with the policies and accreditation guidelines of the Council on
             1305      Occupational Education, the Northwest Commission on Colleges and Universities, the State Board of
             1306      Regents, Salt Lake Community College Board of Trustees, and the State Board of Education; and
             1307          (l) communicate regularly with the president of Salt Lake Community College regarding
             1308      career and technical education issues.
             1309          (3) If a program advisory committee or other advisory group submits a written
             1310      recommendation to the School of Applied Technology's Board of Directors, the board of directors
             1311      shall acknowledge the recommendation with a printed response that explains the board of directors'
             1312      action regarding the recommendation and the reasons for the action.
             1313          (4) (a) If the School of Applied Technology Board of Directors has specific
             1314      recommendations to the Salt Lake Community College president, the recommendations shall be in a
             1315      written form.
             1316          (b) Recommendations described under Subsection (4)(a) may include:
             1317          (i) additions, deletions, or expansions of non-credit career and technical education programs
             1318      at Salt Lake Community College;
             1319          (ii) updates and improvements in the effectiveness of School of Applied Technology
             1320      non-credit career and technical education programs and services, including expedited program
             1321      approval and termination of procedures, consistent with Board of Regents' policy;
             1322          (iii) responsibilities described under Subsection (2); and
             1323          (iv) other recommendations relating to the non-credit career and technical education mission
             1324      of Salt Lake Community College.
             1325          (c) If the president of Salt Lake Community College rejects a specific recommendation of
             1326      the board of directors, the president shall:
             1327          (i) notify the board of directors in writing within ten working days of the rejection and the


             1328      reasons for the rejection; and
             1329          (ii) provide the board of directors an opportunity to modify its specific recommendation and
             1330      resubmit it to the president.
             1331          (5) The president of Salt Lake Community College and the chair of the School of Applied
             1332      Technology's Board of Directors shall annually meet with the Utah College of Applied Technology
             1333      Board of Trustees to provide:
             1334          (a) the information described in Subsection 53B-16-209 (4)(g); and
             1335          (b) a report on the implementation of specific recommendations described in Subsection (4).
             1336          (6) Salt Lake Community College School of Applied Technology shall provide staff support
             1337      for the School of Applied Technology's Board of Directors.
             1338          Section 27. Repealer.
             1339          This bill repeals:
             1340          Section 53B-16-204, Salt Lake Skills Center -- Role and mission -- Supervision and
             1341      administration.
             1342          Section 28. Transition duties -- Salt Lake Community College -- Utah College of
             1343      Applied Technology.
             1344          (1) This section provides transition duties as the Salt Lake Skills Center and part of the Salt
             1345      Lake/Tooele Applied Technology College Campus are transferred to Salt Lake Community College's
             1346      School of Applied Technology.
             1347          (2) Salt Lake Community College and the Utah College of Applied Technology shall jointly:
             1348          (a) preserve employment positions at Salt Lake Community College's School of Applied
             1349      Technology or the Tooele Applied Technology College;
             1350          (b) provide opportunities for an employee to continue employment in a position that is similar
             1351      to the employee's previous position, maintaining current salary and benefits; and
             1352          (c) transfer employees to other positions on a voluntary basis, with retraining as necessary.
             1353          (3) Salt Lake Community College shall:


             1354          (a) preserve the existing Salt Lake/Tooele Applied Technology College main campus, Rose
             1355      Park campus and West Valley Training Center locations during the transition period; and
             1356          (b) conduct a study or review the continuance of all Salt Lake Tooele Applied Technology
             1357      College and Salt Lake Community College Skills Center locations.
             1358          (4) The Salt Lake Community College president and the School of Applied Technology's
             1359      Board of Directors shall collaborate on the development of policies and procedures for the operation
             1360      of Salt Lake Community College's School of Applied Technology, including human resources and
             1361      compensation policies for all employees consistent with current Salt Lake Community College human
             1362      resources and compensation policies.
             1363          (5) Salt Lake Community College shall collaborate with affected entities to preserve and
             1364      transfer, as approved by the Legislature, the existing Salt Lake/Tooele Applied Technology College
             1365      and Salt Lake Skills Center budget.
             1366          (6) As part of the Salt Lake/Tooele Applied Technology College Campus is transferred to
             1367      Salt Lake Community College's School of Applied Technology and a separate Tooele Applied
             1368      Technology College Campus is established, the Utah College of Applied Technology shall:
             1369          (a) make recommendations concerning the Tooele Applied Technology College Campus
             1370      operating base budget, including requests concerning new appropriations and preserving and
             1371      transferring current appropriations; and
             1372          (b) make other recommendations relating to the non-credit career and technical education
             1373      mission of Salt Lake Community College School of Applied Technology and the Tooele Applied
             1374      Technology College Campus.
             1375          (7) (a) For a student who is enrolled in an associate of applied technology degree program
             1376      approved by the Board of Regents in accordance with Section 53B-1-103 prior to July 1, 2009:
             1377          (i) the Utah College of Applied Technology and its campuses shall:
             1378          (A) provide technical skills coursework necessary to complete the associate of applied
             1379      technology degree; and


             1380          (B) award an associate of applied technology degree to a student who completes all
             1381      necessary requirements;
             1382          (ii) the higher education institution for the region of a Utah College of Applied Technology
             1383      campus offering an associate of applied technology degree shall continue to offer the general
             1384      education courses that are required for degree completion at the differential tuition rate approved by
             1385      the Board of Regents; and
             1386          (iii) an annual differential tuition rate increase approved by the Board of Regents for general
             1387      education courses required to complete an associate of applied technology degree may not exceed a
             1388      general first tier tuition rate increase.
             1389          (b) A student described in Subsection (7)(a) shall complete an associate of applied
             1390      technology degree program prior to July 1, 2012.
             1391          Section 29. Effective date.
             1392          This bill takes effect on July 1, 2009.


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