Chief Sponsor: Michael S. Kennedy

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill amends provisions regarding implementing federal education programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the State Board of Education to take certain actions before implementing a
13     federal program that does not directly and simultaneously advance a state goal,
14     objective, program need, or accountability system.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-1-903, as last amended by Laws of Utah 2011, Chapter 342

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53A-1-903 is amended to read:
25          53A-1-903. Federal programs -- School official duties.
26          (1) School officials may:
27          (a) apply for, receive, and administer funds made available through programs of the

28     federal government;
29          (b) only expend federal funds for the purposes for which they are received and are
30     accounted for by the state, school district, or charter school; and
31          (c) reduce or eliminate a program created with or expanded by federal funds to the
32     extent allowed by law when federal funds for that program are subsequently reduced or
33     eliminated.
34          (2) School officials shall:
35          (a) prioritize resources, especially to resolve conflicts between federal provisions or
36     between federal and state programs, including:
37          (i) providing first priority to meeting state goals, objectives, program needs, and
38     accountability systems as they relate to federal programs; and
39          (ii) subject to Subsection (4), providing second priority to implementing federal goals,
40     objectives, program needs, and accountability systems that do not directly and simultaneously
41     advance state goals, objectives, program needs, and accountability systems;
42          (b) interpret the provisions of federal programs in the best interest of students in this
43     state;
44          (c) maximize local control and flexibility;
45          (d) minimize additional state resources that are diverted to implement federal programs
46     beyond the federal money that is provided to fund the programs;
47          (e) request changes to federal educational programs, especially programs that are
48     underfunded or provide conflicts with other state or federal programs, including:
49          (i) federal statutes;
50          (ii) federal regulations; and
51          (iii) other federal policies and interpretations of program provisions; and
52          (f) seek waivers from all possible federal statutes, requirements, regulations, and
53     program provisions from federal education officials to:
54          (i) maximize state flexibility in implementing program provisions; and
55          (ii) receive reasonable time to comply with federal program provisions.
56          (3) The requirements of school officials under this part, including the responsibility to
57     lobby federal officials, are not intended to mandate school officials to incur costs or require the
58     hiring of lobbyists, but are intended to be performed in the course of school officials' normal

59     duties.
60          (4) (a) As used in this Subsection (4), "Education Fund revenue surplus" means the
61     same as that term is defined in Section 63J-1-313.
62          (b) Before prioritizing the implementation of a federal goal, objective, program need,
63     or accountability system that does not directly and simultaneously advance a state goal,
64     objective, program need, or accountability system, the State Board of Education shall:
65          (i) determine the financial impact of failure to implement the federal goal, objective,
66     program need, or accountability system; and
67          (ii) if the State Board of Education determines that failure to implement the federal
68     goal, objective, program need, or accountability system may result in a financial loss, request
69     that the Legislature mitigate the financial loss.
70          (c) A mitigation requested under Subsection (4)(b)(ii) may include appropriating
71     available Education Fund revenue surplus through an appropriations act, including an
72     appropriations act passed during a special session called by the governor or a general session.

Legislative Review Note
Office of Legislative Research and General Counsel