2
3
4
5
6
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; [
59 (d) the American Indian-Alaskan Native Public Education Liaison appointed in
60 accordance with Section 53A-31-201; and
61 [
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 [
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 [
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
100
101
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
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
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.