7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions relating to federal funding of education
11 Highlighted Provisions:
12 This bill:
13 . defines a term;
14 . prohibits a local school official from entering into certain agreements related to
15 federal funding of education programs under certain circumstances;
16 . establishes a penalty;
17 . requires the State Board of Education to report a violation of the prohibition to the
18 Education Interim Committee; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 53A-1-902 , as last amended by Laws of Utah 2009, Chapter 112
27 53A-1-903 , as last amended by Laws of Utah 2011, Chapter 342
29 53A-1-910 , Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1-902 is amended to read:
33 53A-1-902. Definitions.
34 As used in this part:
35 (1) (a) "Cost" means an estimation of state and local money required to implement a
36 federal education agreement.
37 (b) "Cost" does not include capital costs associated with implementing a federal
38 education agreement.
39 (2) "Education entities" means the entities that may bear the state and local costs of
40 implementing a federal program, including:
41 (a) the State Board of Education;
42 (b) the state superintendent and the State Office of Education;
43 (c) a local school board;
44 (d) a school district and its schools;
45 (e) a charter school governing board; and
46 (f) a charter school.
47 (3) "Federal education agreement" means a legally binding document or representation
48 that requires a school official to implement a federal program that originates from the U.S.
49 Department of Education and that has, as a primary focus, an impact on the educational
50 services at a district or charter school.
51 (4) "Federal programs" include:
52 (a) the No Child Left Behind Act;
53 (b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law
54 105-17, and subsequent amendments; and
55 (c) other federal educational programs.
56 (5) "Local school official" includes a:
57 (a) local school board;
58 (b) school district's superintendent, business administrator, and employees; and
59 (c) charter school's governing board members, administrators, and employees.
61 U.S.C. Sec. 6301 et seq.
63 (a) the State Board of Education;
64 (b) the state superintendent;
65 (c) employees of the State Board of Education and the state superintendent;
66 (d) local school boards;
67 (e) school district superintendents and employees; and
68 (f) charter school board members, administrators, and employees.
69 Section 2. Section 53A-1-903 is amended to read:
70 53A-1-903. Federal programs -- School official duties.
71 (1) School officials may:
72 (a) except as provided in Section 53A-1-910, apply for, receive, and administer funds
73 made available through programs of the federal government;
74 (b) only expend federal funds for the purposes for which they are received and are
75 accounted for by the state, school district, or charter school; and
76 (c) reduce or eliminate a program created with or expanded by federal funds to the
77 extent allowed by law when federal funds for that program are subsequently reduced or
79 (2) School officials shall:
80 (a) prioritize resources, especially to resolve conflicts between federal provisions or
81 between federal and state programs, including:
82 (i) providing first priority to meeting state goals, objectives, program needs, and
83 accountability systems as they relate to federal programs; and
84 (ii) providing second priority to implementing federal goals, objectives, program needs,
85 and accountability systems that do not directly and simultaneously advance state goals,
86 objectives, program needs, and accountability systems;
87 (b) interpret the provisions of federal programs in the best interest of students in this
89 (c) maximize local control and flexibility;
90 (d) minimize additional state resources that are diverted to implement federal programs
91 beyond the federal money that is provided to fund the programs;
92 (e) request changes to federal educational programs, especially programs that are
93 underfunded or provide conflicts with other state or federal programs, including:
94 (i) federal statutes;
95 (ii) federal regulations; and
96 (iii) other federal policies and interpretations of program provisions; and
97 (f) seek waivers from all possible federal statutes, requirements, regulations, and
98 program provisions from federal education officials to:
99 (i) maximize state flexibility in implementing program provisions; and
100 (ii) receive reasonable time to comply with federal program provisions.
101 (3) The requirements of school officials under this part, including the responsibility to
102 lobby federal officials, are not intended to mandate school officials to incur costs or require the
103 hiring of lobbyists, but are intended to be performed in the course of school officials' normal
105 Section 3. Section 53A-1-910 is enacted to read:
106 53A-1-910. State Board of Education approval of local school official federal
107 education agreements -- Reporting of notified violations -- Penalty.
108 (1) On or after May 13, 2014, a local school official may not enter into a federal
109 education agreement to receive $50,000 or more in federal funds without approval from the
110 State Board of Education.
111 (2) If a local school official violates Subsection (1), the State Board of Education:
112 (a) shall report the violation to the Education Interim Committee at the first Education
113 Interim Committee meeting held after 30 days following the day on which the State Board of
114 Education received notice of the violation; and
115 (b) may reduce state money to be distributed to the local school official's school district
116 or charter school by an amount up to two times the amount of federal money that the local
117 school official's school district or charter school has received under the federal education
118 agreement that violates Subsection (1).
Legislative Review Note
as of 2-26-14 4:47 PM