1     
AMERICAN INDIAN-ALASKAN NATIVE EDUCATION

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jack R. Draxler

6     
Senate Sponsor: Kevin T. Van Tassell

7     Cosponsors:
8     Kay L. McIff
9     Michael E. Noel
Marie H. Poulson
Angela Romero
Douglas V. Sagers
Mark A. Wheatley
10     

11     LONG TITLE
12     General Description:
13          This bill modifies provisions related to American Indian-Alaskan Native education.
14     Highlighted Provisions:
15          This bill:
16          ▸     enacts a chapter providing for an American Indian-Alaskan Native Education State
17     Plan, including:
18               •     defining terms;
19               •     providing the position of American Indian-Alaskan Native Public Education
20     Liaison;
21               •     requiring reporting to the Native American Legislative Liaison Committee;
22               •     creating the American Indian-Alaskan Native Education Commission;
23               •     establishing the duties of the commission; and
24               •     providing for the adoption of a state plan to address the educational achievement
25     gap of the state's American Indian-Alaskan Native students; and
26          ▸     makes technical and conforming amendments.
27     Money Appropriated in this Bill:
28          None

29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          9-9-104.6, as last amended by Laws of Utah 2014, Chapter 387
34     ENACTS:
35          53A-31-101, Utah Code Annotated 1953
36          53A-31-102, Utah Code Annotated 1953
37          53A-31-201, Utah Code Annotated 1953
38          53A-31-202, Utah Code Annotated 1953
39          53A-31-203, Utah Code Annotated 1953
40          53A-31-301, Utah Code Annotated 1953
41          53A-31-302, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 9-9-104.6 is amended to read:
45          9-9-104.6. Participation of state agencies in meetings with tribal leaders --
46     Contact information.
47          (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
48     division shall coordinate with representatives of tribal governments and the entities listed in
49     Subsection (2) to provide for the broadest participation possible in the joint meetings.
50          (2) The following may participate in all meetings described in Subsection (1):
51          (a) the chairs of the Native American Legislative Liaison Committee created in Section
52     36-22-1;
53          (b) the governor or the governor's designee;
54          (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
55     with Section 26-7-2.5; or
56          (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a

57     representative of the Department of Health appointed by the executive director of the
58     Department of Health; [and]
59          (d) the American Indian-Alaskan Native Public Education Liaison appointed in
60     accordance with Section 53A-31-201; and
61          [(d)] (e) a representative appointed by the chief administrative officer of the following:
62          (i) the Department of Human Services;
63          (ii) the Department of Natural Resources;
64          (iii) the Department of Workforce Services;
65          (iv) the Governor's Office of Economic Development;
66          [(v) the State Office of Education; and]
67          (v) the State Board of Education; and
68          (vi) the State Board of Regents.
69          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
70          (i) designate the name of a contact person for that agency that can assist in coordinating
71     the efforts of state and tribal governments in meeting the needs of the Native Americans
72     residing in the state; and
73          (ii) notify the division:
74          (A) who is the designated contact person described in Subsection (3)(a)(i); and
75          (B) of any change in who is the designated contact person described in Subsection
76     (3)(a)(i).
77          (b) This Subsection (3) applies to:
78          (i) the Department of Agriculture and Food;
79          (ii) the Department of Heritage and Arts;
80          (iii) the Department of Corrections;
81          (iv) the Department of Environmental Quality;
82          (v) the Department of Public Safety;
83          (vi) the Department of Transportation;
84          (vii) the Office of the Attorney General;

85          (viii) the State Tax Commission; and
86          (ix) any agency described in [Subsection] Subsections (2)(c) [or (d)] through (e).
87          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
88     participate in a meeting described in Subsection (1).
89          (4) (a) A participant under this section who is not a legislator may not receive
90     compensation or benefits for the participant's service, but may receive per diem and travel
91     expenses as allowed in:
92          (i) Section 63A-3-106;
93          (ii) Section 63A-3-107; and
94          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
95     63A-3-107.
96          (b) Compensation and expenses of a participant who is a legislator are governed by
97     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
98          Section 2. Section 53A-31-101 is enacted to read:
99     
CHAPTER 31. AMERICAN INDIAN-ALASKAN NATIVE

100     
EDUCATION STATE PLAN

101     
Part 1. General Provisions

102          53A-31-101. Title.
103          This chapter is known as the "American Indian-Alaskan Native Education State Plan."
104          Section 3. Section 53A-31-102 is enacted to read:
105          53A-31-102. Definitions.
106          As used in this chapter:
107          (1) "Commission" means the American Indian-Alaskan Native Education Commission
108     created in Section 53A-31-202.
109          (2) "Liaison" means the individual appointed under Section 53A-31-201.
110          (3) "Native American Legislative Liaison Committee" means the committee created in
111     Section 36-22-1.
112          (4) "State plan" means the state plan adopted under Section 53A-31-301.

113          (5) "Superintendent" means the superintendent of public instruction appointed under
114     Section 53A-1-301.
115          Section 4. Section 53A-31-201 is enacted to read:
116     
Part 2. Liaison and Commission

117          53A-31-201. American Indian-Alaskan Native Public Education Liaison.
118          (1) Subject to budget constraints, the superintendent shall appoint an individual as the
119     American Indian-Alaskan Native Public Education Liaison.
120          (2) The liaison shall work under the direction of the superintendent in the development
121     and implementation of the state plan.
122          (3) The liaison shall annually report to the Native American Legislative Liaison
123     Committee about:
124          (a) the liaison's activities; and
125          (b) the activities related to the education of American Indians and Alaskan Natives in
126     the state's public school system and efforts to close the achievement gap.
127          Section 5. Section 53A-31-202 is enacted to read:
128          53A-31-202. Commission created.
129          (1) There is created a commission known as the "American Indian-Alaskan Native
130     Education Commission." The commission shall consist of 16 members as follows:
131          (a) the superintendent;
132          (b) the liaison;
133          (c) two individuals appointed by the State Board of Education that are coordinators
134     funded in whole or in part under Title VII, Elementary and Secondary Education Act;
135          (d) three members of the Native American Legislative Liaison Committee appointed by
136     the chairs of the Native American Legislative Liaison Committee;
137          (e) a representative of the Navajo Nation who resides in Utah selected by the Navajo
138     Utah Commission;
139          (f) a representative of the Ute Indian Tribe of the Uintah and Ouray Reservation who
140     resides in Utah selected by the Uintah and Ouray Tribal Business Committee;

141          (g) a representative of the Paiute Indian Tribe of Utah who resides in Utah selected by
142     the Paiute Indian Tribe of Utah Tribal Council;
143          (h) a representative of the Northwestern Band of the Shoshone Nation who resides in
144     Utah selected by the Northwestern Band of the Shoshone Nation Tribal Council;
145          (i) a representative of the Confederated Tribes of the Goshute who resides in Utah
146     selected by the Confederated Tribes of the Goshute Reservation Tribal Council;
147          (j) a representative of the Skull Valley Band of Goshute Indians who resides in Utah
148     selected by the Skull Valley Band of Goshute Indian Tribal Executive Committee;
149          (k) a representative of the Ute Mountain Ute Tribe who resides in Utah selected by the
150     Ute Mountain Ute Tribal Council;
151          (l) a representative of the San Juan Southern Paiute Tribe who resides in Utah selected
152     by the San Juan Southern Paiute Tribal Council; and
153          (m) an appointee from the governor.
154          (2) Unless otherwise determined by the State Board of Education, the superintendent
155     shall chair the commission.
156          (3) (a) The superintendent shall call meetings of the commission.
157          (b) Eight members of the commission constitute a quorum of the commission.
158          (c) The action of a majority of the commission at a meeting when a quorum is present
159     constitutes action of the commission.
160          (4) If a vacancy occurs in the membership for any reason, the replacement shall be
161     appointed in the same manner of the original appointment for the vacant position.
162          (5) The commission may adopt procedures or requirements for:
163          (a) voting, when there is a tie of the commission members; and
164          (b) the frequency of meetings.
165          (6) (a) A member of the commission may not receive compensation or benefits for the
166     member's service, but may receive per diem and travel expenses in accordance with:
167          (i) Section 63A-3-106;
168          (ii) Section 63A-3-107; and

169          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
170     63A-3-107.
171          (b) Compensation and expenses of a participant who is a legislator are governed by
172     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
173          (7) The staff of the State Board of Education shall staff the commission.
174          (8) The commission shall be dissolved on December 31, 2015.
175          Section 6. Section 53A-31-203 is enacted to read:
176          53A-31-203. Duties of the commission.
177          (1) The commission shall develop a proposed state plan to be presented to the Native
178     American Legislative Liaison Committee to address the educational achievement gap of the
179     American Indian and Alaskan Native students in the state.
180          (2) The proposed state plan shall:
181          (a) identify the most critical academic needs of Utah's American Indian and Alaskan
182     Native students;
183          (b) recommend a course of action to meet the identified needs;
184          (c) be based on, and include, a summary of the best available evidence and most recent
185     data;
186          (d) focus on specific actions;
187          (e) identify existing programs and resources;
188          (f) prioritize more efficient and better use of existing programs and resources to meet
189     the needs of American Indian and Alaskan Native students;
190          (g) include ongoing reporting to the Native American Legislative Liaison Committee;
191          (h) include a plan to hire, retain, and promote highly qualified teachers as quickly as
192     feasible; and
193          (i) add a process for sharing data with tribal education leaders.
194          (3) The commission shall present the proposed state plan developed under Subsection
195     (1) to the Native American Legislative Liaison Committee by no later than October 31, 2015.
196          Section 7. Section 53A-31-301 is enacted to read:

197     
Part 3. State Plan

198          53A-31-301. Adoption of state plan.
199          (1) After receipt of the proposed state plan from the commission in accordance with
200     Section 53A-31-203, the Native American Legislative Liaison Committee may review the
201     proposed state plan and make changes to the proposed state plan that the Native American
202     Legislative Liaison Committee considers beneficial to addressing the educational achievement
203     gap of the state's American Indian and Alaskan Native students.
204          (2) (a) The Native American Legislative Liaison Committee shall submit the proposed
205     state plan as modified by the Native American Legislative Liaison Committee to the Utah State
206     Board of Education.
207          (b) The Utah State Board of Education shall, by majority vote, within 60 days after
208     receipt of the state plan under Subsection (2)(a), adopt, modify, or reject the state plan. If the
209     Utah State Board of Education does not act within 60 days after receipt of the state plan, the
210     state plan is considered adopted by the Utah State Board of Education.
211          (3) The Native American Legislative Liaison Committee may prepare legislation to
212     implement the state plan adopted under this section.
213          Section 8. Section 53A-31-302 is enacted to read:
214          53A-31-302. Changes to state plan.
215          (1) The Native American Legislative Liaison Committee may recommend to the Utah
216     State Board of Education changes to the state plan adopted under Section 53A-31-301 to
217     ensure that the state plan continues to meet the academic needs of the state's American Indian
218     and Alaskan Native students.
219          (2) The Native American Legislative Liaison Committee may recommend to the
220     superintendent that the commission be reconstituted for an 18-month period if the Native
221     American Legislative Liaison Committee determines that a substantial review of the state plan
222     is necessary. If reconstituted under this Subsection (2), the commission shall comply with the
223     requirements of Part 2, Liaison and Commission.
224          Section 9. Effective date.

225          If approved by two-thirds of all the members elected to each house, this bill takes effect
226     upon approval by the governor, or the day following the constitutional time limit of Utah
227     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
228     the date of veto override.