1     
EDUCATION - ACCREDITATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions relating to accreditation guidelines.
10     Highlighted Provisions:
11          This bill:
12          ▸      repeals the requirement that the State Board of Education set accreditation
13     guidelines;
14          ▸     amends provisions related to State Board of Education accreditation; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53A-1-402, as last amended by Laws of Utah 2016, Chapter 236
23          53A-2-211, as last amended by Laws of Utah 1993, Chapter 119
24          53A-6-303, as enacted by Laws of Utah 1999, Chapter 108
25          53A-13-108.5, as last amended by Laws of Utah 2015, Chapter 415
26          53B-2a-110, as last amended by Laws of Utah 2016, Chapter 236
27          63N-10-315, as renumbered and amended by Laws of Utah 2015, Chapter 283

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53A-1-402 is amended to read:
31          53A-1-402. Board to establish minimum standards for public schools.
32          (1) The State Board of Education shall establish rules and minimum standards for the
33     public schools that are consistent with this title, including rules and minimum standards
34     governing the following:
35          (a) (i) the qualification and certification of educators and ancillary personnel who
36     provide direct student services;
37          (ii) required school administrative and supervisory services; and
38          (iii) the evaluation of instructional personnel;
39          (b) (i) access to programs;
40          (ii) attendance;
41          (iii) competency levels;
42          (iv) graduation requirements; and
43          (v) discipline and control;
44          (c) (i) [school accreditation; (ii)] the academic year;
45          [(iii)] (ii) alternative and pilot programs;
46          [(iv)] (iii) curriculum and instruction requirements;
47          [(v)] (iv) school libraries; [and]
48          [(vi)] (v) services to[: (A)] persons with a disability as defined by and covered under:
49          [(I)] (A) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
50          [(II)] (B) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
51          [(III)] (C) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
52          [(B)] (vi) services to other special groups;
53          (d) (i) state reimbursed bus routes;
54          (ii) bus safety and operational requirements; and
55          (iii) other transportation needs; and
56          (e) (i) school productivity and cost effectiveness measures;
57          (ii) federal programs;
58          (iii) school budget formats; and

59          (iv) financial, statistical, and student accounting requirements.
60          (2) The board shall determine if:
61          (a) the minimum standards have been met; and
62          (b) required reports are properly submitted.
63          (3) The board may apply for, receive, administer, and distribute to eligible applicants
64     funds made available through programs of the federal government.
65          (4) (a) An applied technology college within the Utah College of Applied Technology
66     shall provide competency-based career and technical education courses that fulfill high school
67     graduation requirements, as requested and authorized by the State Board of Education.
68          (b) A school district may grant a high school diploma to a student participating in
69     courses described under Subsection (4)(a) that are provided by an applied technology college
70     within the Utah College of Applied Technology.
71          Section 2. Section 53A-2-211 is amended to read:
72          53A-2-211. Graduation credits.
73          (1) A nonresident district shall accept credits toward graduation [that were awarded by
74     a school accredited or approved by the State Board of Education or] if the issuing school is:
75          (a) a Utah public school; or
76          (b) accredited or approved by a regional accrediting body recognized by the [U.S.]
77     State Board of Education or the United States Department of Education.
78          (2) A nonresident district shall award a diploma to a nonresident student attending
79     school within the district during the semester immediately preceding graduation if the student
80     meets graduation requirements generally applicable to students in the school.
81          (3) A district may not require that a student attend school within the district for more
82     than one semester prior to graduation in order to receive a diploma.
83          Section 3. Section 53A-6-303 is amended to read:
84          53A-6-303. Nominations -- Appointment of commission members --
85     Reappointments.
86          (1) (a) The board shall adopt rules establishing procedures for nominating and
87     appointing individuals to voting membership on UPPAC.
88          (b) Nomination petitions must be filed with the state superintendent prior to June 16 of
89     the year of appointment.

90          (c) A nominee for appointment as a member of UPPAC as an educator must have been
91     employed in the representative class in the Utah public school system, or a private school
92     accredited by a regional accrediting body recognized by the board, during the three years
93     immediately preceding the date of appointment.
94          (2) The state superintendent of public instruction shall appoint the members of the
95     commission.
96          (3) Appointments begin July 1 and are for terms of three years and until a successor is
97     appointed.
98          (4) Terms of office are staggered so that approximately 1/3 of UPPAC members are
99     appointed annually.
100          (5) A member may not serve more than two terms.
101          Section 4. Section 53A-13-108.5 is amended to read:
102          53A-13-108.5. Acceptance of credits and grades awarded by accredited schools.
103          (1) (a) A public school shall accept credits and grades awarded to a student by a school
104     [accredited or approved by the State Board of Education or] , as issued by the school, without
105     alterations, if the issuing school is:
106          (i) a Utah public school; or
107          (ii) accredited or recognized by [the Northwest Association of Accredited Schools as
108     issued by the school, without alterations] a regional accrediting body recognized by the board .
109          (b) Credits awarded for a core standards for Utah public schools course shall be applied
110     to fulfilling core standards for Utah public schools requirements.
111          (2) Subsection (1) applies to credits awarded to a student who:
112          (a) transfers to a public school; or
113          (b) while enrolled in the public school, takes courses offered by another public or
114     private school.
115          (3) Subsection (1) applies to:
116          (a) traditional classes in which an instructor is present in the classroom and the student
117     is required to attend the class for a particular length of time;
118          (b) open entry/open exit classes in which the student has the flexibility to begin or end
119     study at any time, progress through course material at his own pace, and demonstrate
120     competency when knowledge and skills have been mastered;

121          (c) courses offered over the Internet; or
122          (d) distance learning courses.
123          Section 5. Section 53B-2a-110 is amended to read:
124          53B-2a-110. Applied technology college board of directors' powers and duties.
125          (1) An applied technology college board of directors shall:
126          (a) assist the applied technology college president in preparing a budget request for the
127     applied technology college's annual operations to the board of trustees;
128          (b) after consulting with the board of trustees, other higher education institutions,
129     school districts, and charter schools within the applied technology college's region, prepare a
130     comprehensive strategic plan for delivering career and technical education within the region;
131          (c) consult with business, industry, the Department of Workforce Services, the
132     Governor's Office of Economic Development, and the Governor's Office of Management and
133     Budget on an ongoing basis to determine what workers and skills are needed for employment
134     in Utah businesses and industries;
135          (d) develop programs based upon the information gathered in accordance with
136     Subsection (1)(c), including expedited program approval and termination procedures to meet
137     market needs;
138          (e) adopt an annual budget and fund balances;
139          (f) develop policies for the operation of career and technical education facilities under
140     the applied technology college board of directors' jurisdiction;
141          (g) establish human resources and compensation policies for all employees in
142     accordance with policies of the board of trustees;
143          (h) approve credentials for employees and assign employees to duties in accordance
144     with board of trustees policies and accreditation guidelines;
145          (i) conduct annual program evaluations;
146          (j) appoint program advisory committees and other advisory groups to provide counsel,
147     support, and recommendations for updating and improving the effectiveness of training
148     programs and services;
149          (k) approve regulations, both regular and emergency, to be issued and executed by the
150     applied technology college president;
151          (l) coordinate with local school boards, school districts, and charter schools to meet the

152     career and technical education needs of secondary students; and
153          (m) develop policies and procedures for the admission, classification, instruction, and
154     examination of students in accordance with the:
155          (i) policies and accreditation guidelines of the board of trustees; and
156          (ii) policies of the State Board of Education.
157          (2) Subsection (1)(g) does not apply to an applied technology college president.
158          (3) An applied technology college board of directors may not exercise jurisdiction over
159     career and technical education provided by a school district or charter school or provided by a
160     higher education institution independently of an applied technology college.
161          (4) If a program advisory committee or other advisory group submits a printed
162     recommendation to an applied technology college board of directors, the applied technology
163     college board of directors shall acknowledge the recommendation with a printed response that
164     explains the applied technology college board of directors' action regarding the
165     recommendation and the reasons for the action.
166          Section 6. Section 63N-10-315 is amended to read:
167          63N-10-315. Exemptions.
168          This chapter does not apply to:
169          (1) any amateur contest or exhibition of unarmed combat conducted by or participated
170     in exclusively by:
171          (a) a school accredited by a regional accrediting body recognized by the [Utah] State
172     Board of Education;
173          (b) a college or university accredited by the United States Department of Education; or
174          (c) any association or organization of a school, college, or university described in
175     Subsections (1)(a) and (b), when each participant in the contests or exhibitions is a bona fide
176     student in the school, college, or university;
177          (2) any contest or exhibition of unarmed combat conducted in accordance with the
178     standards and regulations of USA Boxing, Inc.; or
179          (3) a white-collar contest.






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