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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to Utah State University and Utah State University's
10 regional colleges and campuses.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions related to the Utah State University board of trustees;
15 ▸ amends provisions related to a career and technical education advisory committee
16 for Utah State University, including provisions related to membership on the
17 committee;
18 ▸ amends provisions related to Utah State University regional campuses, including
19 provisions related to Utah State University's regional campus in Moab;
20 ▸ establishes a comprehensive regional college of Utah State University called Utah
21 State University Blanding;
22 ▸ removes from Utah State University Eastern the Utah State University campus in
23 Blanding;
24 ▸ enacts provisions related to Utah State University Blanding, including provisions
25 related to:
26 • governance and administration; and
27 • a regional advisory council;
28 ▸ makes other changes related to Utah State University's regional colleges and
29 campuses; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill provides a special effective date.
35 This bill provides a coordination clause.
36 Utah Code Sections Affected:
37 AMENDS:
38 53B-1-103, as last amended by Laws of Utah 2018, Chapter 200
39 53B-2-104, as last amended by Laws of Utah 2018, Chapter 382
40 53B-16-207, as last amended by Laws of Utah 2013, Chapter 465
41 53B-16-208, as last amended by Laws of Utah 2013, Chapter 465
42 53B-18-301, as enacted by Laws of Utah 1987, Chapter 167
43 53B-18-302, as enacted by Laws of Utah 1987, Chapter 167
44 53B-26-102, as last amended by Laws of Utah 2018, Chapter 421
45 53B-26-103, as last amended by Laws of Utah 2018, Chapter 421
46 53E-3-507, as renumbered and amended by Laws of Utah 2018, Chapter 1
47 63N-12-212, as last amended by Laws of Utah 2017, Chapter 382
48 ENACTS:
49 53B-18-1202, Utah Code Annotated 1953
50 REPEALS AND REENACTS:
51 53B-18-1201, as last amended by Laws of Utah 2013, Chapter 465
52 Utah Code Sections Affected by Coordination Clause:
53 53B-8-114, Utah Code Annotated 1953
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 53B-1-103 is amended to read:
57 53B-1-103. Establishment of State Board of Regents -- Powers, duties, and
58 authority.
59 (1) There is established a State Board of Regents.
60 (2) (a) Except as provided in Subsection (2)(b), the board shall control, manage, and
61 supervise the institutions of higher education designated in Section 53B-1-102 in a manner
62 consistent with the policy and purpose of this title and the specific powers and responsibilities
63 granted to the board.
64 (b) The board may only exercise powers relating to the Utah System of Technical
65 Colleges Board of Trustees, the Utah System of Technical Colleges, or a technical college that
66 are specifically provided in this title.
67 (3) The board shall, for the Utah System of Higher Education:
68 (a) provide strategic leadership and link system capacity to the economy and workforce
69 needs;
70 (b) enhance the impact and efficiency of the system;
71 (c) establish measurable goals and metrics and delineate the expected contributions of
72 individual institutions of higher education toward these goals;
73 (d) evaluate presidents based on institutional performance;
74 (e) delegate to presidents the authority to manage the presidents' institutions of higher
75 education;
76 (f) administer statewide functions including system data collection and reporting;
77 (g) establish unified budget, finance, and capital funding priorities and practices; and
78 (h) provide system leadership on issues that have a system-wide impact, including:
79 (i) statewide college access and college preparedness initiatives;
80 (ii) learning opportunities drawn from multiple campuses or online learning options,
81 including new modes of delivery of content at multiple locations;
82 (iii) degree program requirement guidelines including credit hour limits, articulation
83 agreements, and transfer across institutions;
84 (iv) alignment of general education requirements across institutions of higher
85 education;
86 (v) incorporation of evidence-based practices that increase college completion; and
87 (vi) monitoring of workforce needs, with an emphasis on credentials that build upon
88 one another.
89 (4) The board shall coordinate and support articulation agreements between the Utah
90 System of Technical Colleges or a technical college and other institutions of higher education.
91 (5) The board shall prepare and submit an annual report detailing the board's progress
92 and recommendations on career and technical education issues and addressing workforce needs
93 to the governor and to the Legislature's Education Interim Committee by October 31 of each
94 year, which shall include information detailing:
95 (a) how the career and technical education needs of secondary students are being met
96 by institutions of higher education described in Subsection 53B-1-102(1)(a), including the
97 access secondary students have to programs offered by Salt Lake Community College's School
98 of Applied Technology, Snow College, [
99 University Blanding;
100 (b) how the emphasis on high demand, high wage, and high skill jobs in business and
101 industry is being provided;
102 (c) performance outcomes, including:
103 (i) entered employment;
104 (ii) job retention; and
105 (iii) earnings;
106 (d) an analysis of workforce needs and efforts to meet workforce needs; and
107 (e) student tuition and fees.
108 (6) The board may modify the name of an institution described in Subsection
109 53B-1-102(1)(a) to reflect the role and general course of study of the institution.
110 (7) The board may not conduct a feasibility study or perform another act relating to
111 merging a technical college with another institution of higher education.
112 (8) This section does not affect the power and authority vested in the State Board of
113 Education to apply for, accept, and manage federal appropriations for the establishment and
114 maintenance of career and technical education.
115 (9) The board shall ensure that any training or certification that an employee of the
116 higher education system is required to complete under this title or by board rule complies with
117 Title 63G, Chapter 22, State Training and Certification Requirements.
118 Section 2. Section 53B-2-104 is amended to read:
119 53B-2-104. Institution of higher education board of trustees -- Membership --
120 Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
121 Compensation.
122 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
123 higher education consists of the following:
124 (i) except as provided in Subsection [
125 appointed by the governor with the consent of the Senate; and
126 (ii) two ex officio members who are the president of the institution's alumni
127 association, and the president of the associated students of the institution.
128 (b) The appointed members of the boards of trustees for Utah Valley University and
129 Salt Lake Community College shall be representative of the interests of business, industry, and
130 labor.
131 (c) (i) The board of trustees of Utah State University has nine individuals appointed by
132 the governor with the consent of the Senate.
133 (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the
134 Utah State University Eastern service region or the Utah State University Blanding service
135 region.
136 (2) (a) The governor shall appoint four members of each board of trustees during each
137 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
138 (b) Except as provided in Subsection (2)(d), a member appointed under Subsection
139 (1)(a)(i) or (1)(c)(i) holds office until a successor is appointed and qualified.
140 (c) The ex officio members serve for the same period as they serve as presidents and
141 until their successors have qualified.
142 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) or
143 (1)(c)(i) for cause.
144 (ii) The governor shall consult with the president of the Senate before removing a
145 member appointed under Subsection (1)(a)(i) or (1)(c)(i).
146 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
147 replacement shall be appointed for the unexpired term.
148 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
149 assuming the office.
150 (b) The oath shall be filed with the Division of Archives and Records Services.
151 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
152 until their successors are elected and qualified.
153 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
154 including provisions for regular meetings.
155 (b) (i) A board of trustees may provide for an executive committee in the board of
156 trustees' bylaws.
157 (ii) If established, an executive committee shall have full authority of the board of
158 trustees to act upon routine matters during the interim between board of trustees meetings.
159 (iii) An executive committee may act on nonroutine matters only under extraordinary
160 and emergency circumstances.
161 (iv) An executive committee shall report the executive committee's activities to the
162 board of trustees at the board of trustees' next regular meeting following the action.
163 (c) Copies of a board of trustees' bylaws shall be filed with the board.
164 (7) A quorum is required to conduct business and consists of six members.
165 (8) A board of trustees may establish advisory committees.
166 (9) A member may not receive compensation or benefits for the member's service, but
167 may receive per diem and travel expenses in accordance with:
168 (a) Section 63A-3-106;
169 (b) Section 63A-3-107; and
170 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
171 63A-3-107.
172 (10) This section does not apply to a technical college board of directors described in
173 Section 53B-2a-108.
174 Section 3. Section 53B-16-207 is amended to read:
175 53B-16-207. Utah State University regional institutions -- Career and technical
176 education -- Supervision and administration.
177 (1) As used in this section:
178 (a) "USU regional institution" means:
179 (i) Utah State University Eastern;
180 (ii) Utah State University Blanding; or
181 (iii) Utah State University Moab.
182 (b) "Utah State University Moab" means the Utah State University regional campus
183 located at or near Moab described in Section 53B-18-301.
184 [
185 (2) A USU regional institution shall:
186 (a) maintain a strong curriculum in career and technical education courses at [
187 USU regional institution's campus and within the region [
188 serves [
189 together with lower division courses and courses required for associate degrees in science, arts,
190 applied science, and career and technical education;
191 (b) work with school districts and charter schools in developing an aggressive
192 concurrent enrollment program; and
193 (c) provide for open-entry, open-exit competency-based career and technical education
194 programs, at a low cost tuition rate for adults and at no tuition cost to secondary students, that
195 emphasize short-term job training or retraining for immediate placement in the job market and
196 serve the geographic area encompassing:
197 (i) for Utah State University Eastern, the Carbon School District[
198 School District;
199 [
200 [
201 (iii) for Utah State University Moab, the Grand School District.
202 [
203 (3) A USU regional institution may not exercise any jurisdiction over career and
204 technical education provided by a school district or charter school independently of [
205
206 [
207 (4) A USU regional institution shall report to the [
208 annually on:
209 (a) the status of and maintenance of the effort for career and technical education in the
210 region served by [
211 to open-entry, open-exit competency-based career and technical education programs; and
212 (b) student tuition and fees.
213 [
214 technical education described in this section shall be made as line items that are separate from
215 other appropriations for Utah State University [
216 Section 4. Section 53B-16-208 is amended to read:
217 53B-16-208. Utah State University career and technical education advisory
218 committee -- Membership -- Duties.
219 (1) As used in this section:
220 (a) "Service regions" means the service regions, as established by the Utah State
221 University board of trustees, for:
222 (i) Utah State University Eastern;
223 (ii) Utah State University Blanding; and
224 (iii) Utah State University Moab.
225 (b) "Utah State University Moab" means the Utah State University regional campus
226 located at or near Moab described in Section 53B-18-301.
227 [
228 technical education advisory committee composed of the following [
229 (a) one elected local school board member appointed by the board of education for the
230 Carbon School District;
231 (b) one elected local school board member appointed by the board of education for the
232 Emery School District;
233 (c) one elected local school board member appointed by the board of education for the
234 Grand School District;
235 (d) one elected local school board member appointed by the board of education for the
236 San Juan School District;
237 (e) nine members appointed by the Utah State University president that include:
238 [
239
240 described in Section 53B-18-1201;
241 (ii) one member of the Utah State University Blanding regional advisory council
242 described in Section 53B-18-1202;
243 (iii) one member representing Utah State University Moab; and
244 [
245
246 committees overseeing career and technical education in the [
247 [
248 (a) [
249
250 technical education within [
251 (i) Utah State University Eastern;
252 (ii) Utah State University Blanding;
253 (iii) Utah State University Moab; and
254 (iv) school districts and charter schools within the service regions;
255 (b) make recommendations regarding what skills are needed for employment in Utah
256 businesses and industries;
257 (c) recommend programs based upon the information gathered in accordance with
258 Subsection [
259 (d) review annual program evaluations;
260 (e) provide counsel, support, and recommendations for updating and improving the
261 effectiveness of career and technical education programs and services, including expedited
262 program approval and termination of procedures, consistent with [
263 policy;
264 (f) monitor program advisory committees and other advisory groups to provide
265 counsel, support, and recommendations for updating and improving the effectiveness of
266 training programs and services; and
267 (g) coordinate with local school boards, districts, and charter schools to meet the career
268 and technical education needs of secondary students.
269 Section 5. Section 53B-18-301 is amended to read:
270
271 53B-18-301. Regional campuses -- Administration -- Location.
272 Utah State University shall operate and administer [
273 campuses located at or near Roosevelt and Moab.
274 Section 6. Section 53B-18-302 is amended to read:
275 53B-18-302. Courses offered at regional campuses.
276 [
277 offer academic courses comparable to those offered in an accredited institution of higher
278 education.
279 Section 7. Section 53B-18-1201 is repealed and reenacted to read:
280 53B-18-1201. Utah State University Eastern -- Establishment -- Regional advisory
281 council.
282 (1) As used in this section:
283 (a) "University" means Utah State University.
284 (b) "Vice president" means the vice president described in Subsection (5).
285 (2) (a) There is established a comprehensive regional college of the university called
286 Utah State University Eastern.
287 (b) The university shall:
288 (i) possess all rights, title, privileges, powers, immunities, franchises, endowments,
289 property, and claims of the College of Eastern Utah; and
290 (ii) fulfill and perform all obligations of Utah State University Eastern, including
291 obligations relating to outstanding bonds and notes.
292 (3) (a) Utah State University Eastern has a campus that serves Price, Utah, and
293 surrounding areas.
294 (b) The university board of trustees shall establish Utah State University Eastern's
295 service region.
296 (4) Utah State University Eastern is under the authority and direction of the university
297 president and the university board of trustees.
298 (5) Utah State University Eastern shall be administered by a vice president of the
299 university appointed by the university president.
300 (6) (a) The university president shall appoint a regional advisory council to advise the
301 university president and the vice president regarding local issues relating to Utah State
302 University Eastern.
303 (b) The vice president shall provide the university president with recommendations for
304 membership on the regional advisory council.
305 (c) The regional advisory council may include:
306 (i) a student representative; or
307 (ii) residents of the counties in the Utah State University Eastern service region.
308 Section 8. Section 53B-18-1202 is enacted to read:
309 53B-18-1202. Utah State University Blanding -- Establishment -- Regional
310 advisory council.
311 (1) As used in this section:
312 (a) "University" means Utah State University.
313 (b) "Vice president" means the vice president described in Subsection (5).
314 (2) There is established a comprehensive regional college of the university called Utah
315 State University Blanding.
316 (3) (a) Utah State University Blanding has a campus that serves Blanding, Utah, and
317 surrounding areas.
318 (b) The university board of trustees shall establish Utah State University Blanding's
319 service region.
320 (4) Utah State University Blanding is under the authority and direction of the university
321 president and the university board of trustees.
322 (5) Utah State University Blanding shall be administered by a vice president of the
323 university appointed by the university president.
324 (6) (a) The university president shall appoint a regional advisory council to advise the
325 university president and the vice president regarding local issues relating to Utah State
326 University Blanding.
327 (b) The vice president shall provide the university president with recommendations for
328 membership on the regional advisory council.
329 (c) The regional advisory council may include:
330 (i) a student representative; or
331 (ii) residents of the counties in the Utah State University Blanding service region.
332 Section 9. Section 53B-26-102 is amended to read:
333 53B-26-102. Definitions.
334 As used in this chapter:
335 (1) "CTE" means career and technical education.
336 (2) "CTE region" means an economic service area created in Section 35A-2-101.
337 (3) "Eligible partnership" means:
338 (a) a regional partnership; or
339 (b) a statewide partnership.
340 (4) "Employer" means a private employer, public employer, industry association, the
341 military, or a union.
342 (5) "Industry advisory group" means:
343 (a) a group of at least five employers that represent the workforce needs to which a
344 proposal submitted under Section 53B-26-103 responds; and
345 (b) a representative of the Governor's Office of Economic Development, appointed by
346 the executive director of the Governor's Office of Economic Development.
347 (6) "Institution of higher education" means the University of Utah, Utah State
348 University, Southern Utah University, Weber State University, Snow College, Dixie State
349 University, Utah Valley University, or Salt Lake Community College.
350 (7) "Regional partnership" means a partnership that:
351 (a) provides educational services within one CTE region; and
352 (b) is between at least two of the following located in the CTE region:
353 (i) a technical college;
354 (ii) a school district or charter school; or
355 (iii) an institution of higher education.
356 (8) "Stackable sequence of credentials" means a sequence of credentials that:
357 (a) an individual can build upon to access an advanced job or higher wage;
358 (b) is part of a career pathway system;
359 (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
360 degree;
361 (d) facilitates multiple exit and entry points; and
362 (e) recognizes sub-goals or momentum points.
363 (9) "Statewide partnership" means a partnership between at least two regional
364 partnerships.
365 (10) "Technical college" means:
366 (a) a college described in Section 53B-2a-105;
367 (b) the School of Applied Technology at Salt Lake Community College established
368 under Section 53B-16-209;
369 (c) Utah State University Eastern established under Section 53B-18-1201; [
370 (d) Utah State University Blanding established under Section 53B-18-1202; or
371 [
372 Section 10. Section 53B-26-103 is amended to read:
373 53B-26-103. GOED reporting requirement -- Proposals -- Funding.
374 (1) Every other year, the Governor's Office of Economic Development shall report to
375 the Legislature, the board, and the Utah System of Technical Colleges Board of Trustees on the
376 high demand technical jobs projected to support economic growth in the following high need
377 strategic industry clusters:
378 (a) aerospace and defense;
379 (b) energy and natural resources;
380 (c) financial services;
381 (d) life sciences;
382 (e) outdoor products;
383 (f) software development and information technology; and
384 (g) any other strategic industry cluster designated by the Governor's Office of
385 Economic Development.
386 (2) To receive funding under this section, an eligible partnership shall submit a
387 proposal containing the elements described in Subsection (3) to the Legislature on or before
388 January 5 for fiscal year 2018 and any succeeding fiscal year.
389 (3) A proposal described in Subsection (2) shall include:
390 (a) a program of instruction that:
391 (i) is responsive to the workforce needs of a strategic industry cluster described in
392 Subsection (1):
393 (A) in one CTE region, for a proposal submitted by a regional partnership; or
394 (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
395 (ii) leads to the attainment of a stackable sequence of credentials; and
396 (iii) includes a non-duplicative progression of courses that include both academic and
397 CTE content;
398 (b) expected student enrollment, attainment rates, and job placement rates;
399 (c) evidence of input and support for the proposal from an industry advisory group;
400 (d) a description of any financial or in-kind contributions for the program from an
401 industry advisory group;
402 (e) a description of the job opportunities available at each exit point in the stackable
403 sequence of credentials;
404 (f) evidence of an official action in support of the proposal from:
405 (i) the Utah System of Technical Colleges Board of Trustees, if the eligible partnership
406 includes a technical college described in Subsection 53B-26-102(10)(a); or
407 (ii) the board, if the eligible partnership includes:
408 (A) an institution of higher education; or
409 (B) a college described in [
410 through (e);
411 (g) if the program of instruction described in Subsection (3)(a) requires board approval
412 under Section 53B-16-102, evidence of board approval of the program of instruction; and
413 (h) a funding request, including justification for the request.
414 (4) The Legislature shall:
415 (a) review a proposal submitted under this section using the following criteria:
416 (i) the proposal contains the elements described in Subsection (3);
417 (ii) for a proposal from a regional partnership, support for the proposal is widespread
418 within the CTE region; and
419 (iii) the proposal expands the capacity to meet state or regional workforce needs;
420 (b) determine the extent to which to fund the proposal; and
421 (c) fund the proposal through the appropriations process.
422 (5) An eligible partnership that receives funding under this section:
423 (a) shall use the money to deliver the program of instruction described in the eligible
424 partnership's proposal; and
425 (b) may not use the money for administration.
426 Section 11. Section 53E-3-507 is amended to read:
427 53E-3-507. Powers of the board.
428 The State Board of Education:
429 (1) shall establish minimum standards for career and technical education programs in
430 the public education system;
431 (2) may apply for, receive, administer, and distribute funds made available through
432 programs of federal and state governments to promote and aid career and technical education;
433 (3) shall cooperate with federal and state governments to administer programs that
434 promote and maintain career and technical education;
435 (4) shall cooperate with the Utah System of Technical Colleges Board of Trustees, Salt
436 Lake Community College's School of Applied Technology, Snow College, [
437 University Eastern, and Utah State University Blanding to ensure that students in the public
438 education system have access to career and technical education at Utah System of Technical
439 Colleges technical colleges, Salt Lake Community College's School of Applied Technology,
440 Snow College, [
441 (5) shall require that before a minor student may participate in clinical experiences as
442 part of a health care occupation program at a high school or other institution to which the
443 student has been referred, the student's parent or legal guardian has:
444 (a) been first given written notice through appropriate disclosure when registering and
445 prior to participation that the program contains a clinical experience segment in which the
446 student will observe and perform specific health care procedures that may include personal
447 care, patient bathing, and bathroom assistance; and
448 (b) provided specific written consent for the student's participation in the program and
449 clinical experience; and
450 (6) shall, after consulting with school districts, charter schools, the Utah System of
451 Technical Colleges Board of Trustees, Salt Lake Community College's School of Applied
452 Technology, Snow College, [
453 Blanding, prepare and submit an annual report to the governor and to the Legislature's
454 Education Interim Committee by October 31 of each year detailing:
455 (a) how the career and technical education needs of secondary students are being met;
456 and
457 (b) the access secondary students have to programs offered:
458 (i) at technical colleges; and
459 (ii) within the regions served by Salt Lake Community College's School of Applied
460 Technology, Snow College, [
461 Blanding.
462 Section 12. Section 63N-12-212 is amended to read:
463 63N-12-212. High school STEM education initiative.
464 (1) Subject to legislative appropriations, after consulting with State Board of Education
465 staff, the STEM Action Center shall award grants to school districts and charter schools to fund
466 STEM related certification for high school students.
467 (2) (a) A school district or charter school may apply for a grant from the STEM Action
468 Center, through a competitive process, to fund the school district's or charter school's STEM
469 related certification training program.
470 (b) A school district's or charter school's STEM related certification training program
471 shall:
472 (i) prepare high school students to be job ready for available STEM related positions of
473 employment; and
474 (ii) when a student completes the program, result in the student gaining an
475 industry-recognized employer STEM related certification.
476 (3) A school district or charter school may partner with one or more of the following to
477 provide a STEM related certification program:
478 (a) a technical college described in Section 53B-2a-105;
479 (b) Salt Lake Community College;
480 (c) Snow College;
481 (d) Utah State University Eastern; [
482 (e) Utah State University Blanding; or
483 [
484 Section 13. Effective date.
485 This bill takes effect on July 1, 2019.
486 Section 14. Coordinating S.B. 232 with S.B. 136 -- Substantive language.
487 If this S.B. 232 and S.B. 136, Scholarships for Career and Technical Education, both
488 pass and become law, it is the intent of the Legislature that the Office of Legislative Research
489 and General Counsel prepare the Utah Code database for publication by replacing Subsection
490 53B-8-114(1)(a) with the following language:
491 "(a) "Eligible institution" means:
492 (i) Salt Lake Community College's School of Applied Technology established in
493 Section 53B-16-209;
494 (ii) Snow College;
495 (iii) Utah State University Eastern established in Section 53B-18-1201;
496 (iv) Utah State University Blanding established in Section 53B-18-1202; or
497 (v) the Utah State University regional campus located at or near Moab described in
498 Section 53B-18-301."