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H.B. 15 Enrolled
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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), [
85
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 [
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 [
101 education;
102 (3) shall cooperate with federal and state governments to administer programs which
103 promote and maintain [
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 [
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 [
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 [
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 [
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) [
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 [
146 College of Applied Technology and its college campuses[
147 [
148
149 [
150
151 [
152
153 [
154
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 [
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 [
185
186
187 [
188 Education to apply for, accept, and manage federal appropriations for the establishment and
189 maintenance of [
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 [
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 [
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 [
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 [
261 Trustees.
262 [
263
264
265
266 [
267 Technology.
268 [
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 [
273
274 [
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; [
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[
281 (c) if competency is demonstrated in a program of study, a credential, certificate, or
282 diploma[
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 [
289 education.
290 (c) The president shall serve at the [
291 (d) The names of the final candidates for president of the Utah College of Applied
292 Technology shall be publicly disclosed.
293 [
294
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 [
299
300 [
301
302
303 [
304 directors, prepare a comprehensive strategic plan for delivering [
305 technical education through the Utah College of Applied Technology college campuses;
306 [
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, [
309 schools;
310 [
311 directors, and after consulting with [
312 institutions in the region, develop strategies for providing [
313 education in rural areas, specifically considering the distances between rural [
314 career and technical education providers;
315 [
316 programs of the Utah College of Applied Technology college campuses;
317 [
318 (i) develop and implement a system of common definitions, standards, and criteria for
319 tracking and measuring the effectiveness of [
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 [
329 and Board of Regents contact;
330 [
331 [
332 (iii) develop and implement a plan to inform citizens about the availability, cost, and
333 advantages of [
334 [
335 charter schools, ensure that secondary students in the public education system have access to
336 [
337 college campuses; [
338 [
339
340
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) [
352
353 member;
354 (b) [
355
356 (c) one member representing business and industry employers from the [
357 board of directors of each [
358 of the business and industry employer members of the [
359 (d) one member representing business and industry employers from the Snow College
360 [
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 [
364 majority of the business and industry employer members of the advisory committee; [
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 [
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 [
386 trustees shall be appointed commencing on [
387 each odd-numbered year to a four-year term.
388 [
389 [
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 [
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 [
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 [
439
440
441 [
442 [
443
444
445 [
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 [
450 Board of Regents on issues related to [
451 articulation with institutions of higher education and public education;
452 [
453 requests, and submit the request to:
454 [
455 [
456 [
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 [
466 [
467 Education Interim Committee by October 31 of each year, which shall include information detailing:
468 [
469 students are being met, including what access secondary students have to programs offered at college
470 campuses; [
471 [
472 industry described in Subsection 53B-2a-106 (1)(c)(ii) is being provided; [
473 (iii) performance outcomes, including:
474 (A) entered employment;
475 (B) job retention; and
476 (C) earnings; and
477 [
478 [
479 [
480 [
481
482
483
484
485
486 [
487
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 [
515 geographic area encompassing[
516 [
517 [
518 [
519 [
520 [
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 [
548 career and technical education curriculum;
549 (b) offer that curriculum at:
550 (i) [
551
552 (ii) no tuition to secondary students [
553 (c) provide [
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 [
558 [
559
560 [
561
562 [
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 [
566 area served by the college campus:
567 (i) ensure that secondary students in the public education system have access to [
568
569 (ii) prepare and submit an annual report to the Utah College of Applied Technology detailing:
570 (A) how the [
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; [
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[
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 [
587
588
589 non-credit, basic instruction described in Subsections (2)(b) and (c);
590 (b) offer a degree [
591
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 [
596 [
597 (4) [
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 [
601
602
603
604 [
605
606
607
608 (5) [
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[
631
632 (b) A campus president shall serve as the chief administrative officer of the college campus.
633 [
634 extensive experience in [
635 [
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 [
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 [
643 (c) consult with the campus board of directors; and
644 [
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 [
649 (1) the Bridgerland Applied Technology College Campus Board of Directors shall be
650 composed of the following [
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 [
661
662 [
663 appointed jointly by the members appointed under Subsections (1)(a) through [
664 (2) the Ogden-Weber Applied Technology College Campus Board of Directors shall be
665 composed of the following [
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 [
674
675 [
676 jointly by the members appointed under Subsections (2)(a) through [
677 (3) the Davis Applied Technology College Campus Board of Directors shall be composed
678 of the following [
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 [
687
688 [
689 jointly by the members appointed under Subsections (3)(a) through [
690 (4) the [
691 shall be composed of the following [
692 [
693
694 [
695
696 [
697
698 [
699
700 [
701 education for the Tooele County School District;
702 [
703 [
704
705 (c) one member of the Utah State University board of trustees; and
706 [
707 appointed jointly by the members appointed under Subsections (4)(a) through [
708 (5) the Mountainland Applied Technology College Campus Board of Directors shall be
709 composed of the following [
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 [
726
727 [
728 jointly by the members appointed under Subsections (5)(a) through [
729 (6) the Uintah Basin Applied Technology College Campus Board of Directors shall be
730 composed of the following [
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 [
739
740 [
741 jointly by the members appointed under Subsections (6)(a) through [
742 (7) the Southwest Applied Technology College Campus Board of Directors shall be
743 composed of the following [
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 [
754
755 [
756 appointed jointly by the members appointed under Subsections (7)(a) through [
757 (8) the Dixie Applied Technology College Campus Board of Directors shall be composed of
758 the following [
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 [
763
764 [
765 jointly by the members appointed under Subsections (8)(a) through [
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 [
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 [
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) [
784
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) [
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) [
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 [
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 [
818 Section 15. Section 53B-2a-110 is amended to read:
819 53B-2a-110. Campus board of directors -- Powers and duties.
820 (1) [
821 (a) [
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, [
825 strategic plan for delivering [
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 [
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 [
846 [
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[
851
852 (2) Subsection (1)(g) does not apply to a campus president.
853 [
854
855 provided by a higher education institution independently of a college campus.
856 [
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 [
863 the [
864
865
866 [
867
868 [
869 [
870
871 [
872 [
873 [
874 [
875 [
876
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 [
882
883 (2) A college campus shall avoid any unnecessary duplication of [
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 [
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 [
896 secondary and adult students that:
897 (i) maintain and support existing higher education [
898 education programs; and
899 (ii) maximize the use of existing higher education facilities; and
900 (c) developing cooperative agreements with [
901 higher education institutions, businesses, industries, and community and private agencies to maximize
902 the availability of [
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 [
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 [
918
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 [
923
924
925 [
926
927
928 [
929
930 [
931
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, [
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 [
990
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 [
996 support of master planning activities related to [
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 [
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 [
1032
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 [
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 [
1047
1048 (b) work with [
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 [
1052 tuition rate [
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 [
1064 technical education provided by a [
1065 College.
1066 (5) Snow College shall report to the [
1067
1068 (a) the status of and maintenance of the effort for [
1069 education in the region served by Snow College, including access to open-entry, open-exit
1070 competency-based [
1071
1072
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 [
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 [
1103 (a) after consulting with Snow College and local school districts within its region, prepare a
1104 comprehensive strategic plan for delivering [
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 [
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 [
1118 [
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 [
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 [
1128 education;
1129 (b) work with [
1130 concurrent enrollment program; and
1131 (c) provide for open-entry, open-exit competency-based [
1132 technical education programs, at [
1133
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 [
1141 career and technical education provided by a [
1142 the College of Eastern Utah.
1143 (3) The College of Eastern Utah shall report to the [
1144
1145 (a) the status of and maintenance of the effort for [
1146 education in the region served by the College of Eastern Utah, including access to open-entry,
1147 open-exit competency-based [
1148
1149
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 [
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 [
1173 (a) after consulting with the College of Eastern Utah [
1174 schools within its region, prepare a comprehensive strategic plan for delivering [
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 [
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 [
1188
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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