1     
HIGHER EDUCATION PERFORMANCE FUNDING

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to higher education goals and funding based on an
10     institution's performance.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Utah Board of Higher Education (board) to:
14               •     set five-year goals for the state system of higher education;
15               •     set five-year goals for each degree-granting institution and technical college that
16     align with each system five-year goal;
17               •     establish a model for determining a degree-granting institution's or technical
18     college's performance in meeting the goals the board sets; and
19               •     every five years, submit the goals and model to the Higher Education
20     Appropriations Subcommittee and governor for comment;
21          ▸     requires the Executive Appropriations Committee, the Higher Education
22     Appropriations Subcommittee, and the Education Interim Committee to, every five
23     years, prepare and consider legislation to adopt the goals and model the board
24     submits;
25          ▸     amends the distribution of the money in the Performance Funding Restricted
26     Account to degree-granting institutions and technical colleges;
27          ▸     permits the board to set aside unearned performance funding and allocate the
28     set-aside funds to a degree-granting institution or technical college that meets or

29     exceeds goals;
30          ▸     defines terms; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          53B-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
39          53B-7-702, as last amended by Laws of Utah 2020, Chapter 365
40          53B-7-703, as last amended by Laws of Utah 2020, Chapter 365
41          53B-7-705, as last amended by Laws of Utah 2020, Chapter 365
42          53B-7-706, as last amended by Laws of Utah 2020, Chapter 365
43          53E-1-201, as last amended by Laws of Utah 2020, Chapters 51, 174, 254, 274, 321,
44     354, 365 and last amended by Coordination Clause, Laws of Utah 2020, Chapters
45     254, 274, and 321
46          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 53B-1-301 is amended to read:
50          53B-1-301. Reports to and actions of the Higher Education Appropriations
51     Subcommittee.
52          (1) In accordance with applicable provisions and Section 68-3-14, the following
53     recurring reports are due to the Higher Education Appropriations Subcommittee:
54          (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
55     Rocky Mountain Center for Occupational and Environmental Health;

56          (b) the report described in Section 53B-7-101 by the board on recommended
57     appropriations for higher education institutions, including the report described in Section
58     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
59          (c) the report described in Section 53B-7-704 by the Department of Workforce
60     Services and the Governor's Office of Economic Development on targeted jobs;
61          (d) the reports described in Section 53B-7-705 by the board on performance;
62          (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
63     Program;
64          (f) the report described in Section 53B-8-303 by the board regarding Access Utah
65     promise scholarships;
66          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
67     Services on tuition waivers for wards of the state;
68          (h) the report described in Section 53B-12-107 by the Utah Higher Education
69     Assistance Authority;
70          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
71     Program;
72          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
73     Miners' Hospital for Disabled Miners;
74          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
75     Development on high demand technical jobs projected to support economic growth;
76          (l) the report described in Section 53B-26-202 by the Medical Education Council on
77     projected demand for nursing professionals; and
78          (m) the report described in Section 53E-10-308 by the State Board of Education and
79     board on student participation in the concurrent enrollment program.
80          (2) In accordance with applicable provisions and Section 68-3-14, the following
81     occasional reports are due to the Higher Education Appropriations Subcommittee:
82          (a) upon request, the information described in Section 53B-8a-111 submitted by the

83     Utah Educational Savings Plan;
84          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
85     workforce needs for technical jobs projected to support economic growth;
86          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
87     projected demand for nursing professionals;
88          (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
89     on the fire and rescue training program described in Section 53B-29-202; and
90          (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
91     Planning Commission on the commission's progress.
92          (3) In accordance with applicable provisions, the Higher Education Appropriations
93     Subcommittee shall complete the following:
94          (a) as required by Section 53B-7-703, the review of performance funding described in
95     Section 53B-7-703;
96          [(b) the review described in Section 53B-7-705 of the implementation of performance
97     funding;]
98          [(c)] (b) an appropriation recommendation described in Section 53B-26-103 to fund a
99     proposal responding to workforce needs of a strategic industry cluster;
100          [(d)] (c) an appropriation recommendation described in Section 53B-26-202 to fund a
101     proposal responding to projected demand for nursing professionals; and
102          [(e)] (d) review of the report described in Section 63B-10-301 by the University of
103     Utah on the status of a bond and bond payments specified in Section 63B-10-301.
104          Section 2. Section 53B-7-702 is amended to read:
105          53B-7-702. Definitions.
106          As used in this part:
107          (1) "Account" means the Performance Funding Restricted Account created in Section
108     53B-7-703.
109          (2) "Estimated revenue growth from targeted jobs" means the estimated increase in

110     individual income tax revenue generated by individuals employed in targeted jobs, determined
111     by the Department of Workforce Services in accordance with Section 53B-7-704.
112          (3) "Full new performance funding amount" means the maximum amount of new
113     performance funding that a degree-granting institution or technical college may qualify for in a
114     fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
115          (4) "Full-time" means the number of credit hours the board determines is full-time
116     enrollment for a student.
117          (5) "GOED" means the Governor's Office of Economic Development created in
118     Section 63N-1-201.
119          (6) "Job" means an occupation determined by the Department of Workforce Services.
120          (7) "Membership hour" means 60 minutes of scheduled instruction provided by a
121     technical college to a student enrolled in the technical college.
122          (8) "New performance funding" means the difference between the total amount of
123     money in the account and the amount of money appropriated from the account for performance
124     funding in the current fiscal year.
125          (9) "Performance" means total performance across the metrics described in[:] Sections
126     53B-7-706 and 53B-7-707.
127          [(a) Section 53B-7-706 for a degree-granting institution; or]
128          [(b) Section 53B-7-707 for a technical college.]
129          (10) "Research university" means the University of Utah or Utah State University.
130          (11) "Targeted job" means a job designated by the Department of Workforce Services
131     or GOED in accordance with Section 53B-7-704.
132          (12) "Technical college" means:
133          (a) the same as that term is defined in Section 53B-1-101.5;
134          (b) Salt Lake Community College's School of Applied Technology established in
135     Section 53B-16-209;
136          (c) a USU regional institution as that term is defined in Section 53B-16-207; and

137          (d) Snow College Richfield campus established in Section 53B-16-205.
138          [(12)] (13) "Technical college graduate" means an individual who:
139          (a) has earned a certificate from an accredited program at a technical college; and
140          (b) is no longer enrolled in the technical college.
141          Section 3. Section 53B-7-703 is amended to read:
142          53B-7-703. Performance Funding Restricted Account -- Creation -- Deposits into
143     account -- Legislative review.
144          (1) There is created within the Education Fund a restricted account known as the
145     "Performance Funding Restricted Account."
146          (2) Money in the account shall be:
147          (a) used for performance funding for:
148          (i) degree-granting institutions; and
149          (ii) technical colleges; and
150          (b) appropriated by the Legislature in accordance with Section 53B-7-705.
151          (3) (a) Money in the account shall earn interest.
152          (b) All interest earned on account money shall be deposited into the account.
153          (4) (a) Except as provided in Subsection (4)(b)[(ii)], the Division of Finance shall
154     deposit into the account an amount equal to[: (i) 14% of the estimated revenue growth from
155     targeted jobs upon appropriation by the Legislature for the fiscal year beginning on July 1,
156     2018; and (ii)] 20% of the estimated revenue growth from targeted jobs upon appropriation by
157     the Legislature for a fiscal year beginning on or after July 1, 2019.
158          (b) (i) As used in this Subsection (4)(b), "total higher education appropriations" means,
159     for the current fiscal year, the total state funded appropriations to:
160          (A) the board;
161          (B) degree-granting institutions; and
162          (C) technical colleges.
163          (ii) If a deposit described in Subsection (4)(a) would exceed 10% of total higher

164     education appropriations, upon appropriation by the Legislature, the Division of Finance shall
165     deposit into the account an amount equal to 10% of total higher education appropriations.
166          (c) The Legislature may appropriate money to the account.
167          (5) (a) As used in this Subsection (5):
168          (i) "Base budget" means the same as that term is defined in legislative rule.
169          (ii) "Remaining available ongoing Education Fund revenue" means the difference
170     between:
171          (A) the estimated ongoing Education Fund and Uniform School Fund revenue
172     available for the Legislature to appropriate in the next fiscal year; and
173          (B) the amount of ongoing appropriations from the Education Fund and Uniform
174     School Fund for the current year plus ongoing appropriations required under Sections
175     53F-9-201 and 53F-9-204 for the next fiscal year.
176          (b) Except as described in Subsection (5)(c), for a fiscal year beginning on or after July
177     1, 2023, when preparing the Higher Education Base Budget, the Office of the Legislative Fiscal
178     Analyst shall:
179          (i) include in the base budget the lesser of the amount described in Subsection (4) or
180     the remaining available ongoing Education Fund revenue; and
181          (ii) appropriate the funds described in Subsection (5)(b)(i) to the Utah Board of Higher
182     Education to distribute to institutions as described in Section 53B-7-705.
183          (c) In a fiscal year beginning on or after July 1, 2023, in which the remaining available
184     ongoing Education Fund revenue is less than zero, when preparing the base budget, the Office
185     of the Legislative Fiscal Analyst shall include in the base budget an amount equal to the
186     difference in the amount described in Subsection (4) for the current year and the amount
187     described in Subsection (4) for the prior year, adjusted for any base budget reductions as
188     directed by the Executive Appropriations Committee.
189          [(5)] (6) During the interim following a legislative general session in which an amount
190     described in Subsection (4)(b) is deposited into the account, the Higher Education

191     Appropriations Subcommittee shall review performance funding described in this part and
192     make recommendations to the Legislature about:
193          (a) the performance levels required for degree-granting institutions and technical
194     colleges to receive performance funding as described in Section 53B-7-705;
195          (b) the performance metrics described in Sections 53B-7-706 and 53B-7-707; and
196          (c) the amount of individual income tax revenue dedicated to higher education
197     performance funding.
198          Section 4. Section 53B-7-705 is amended to read:
199          53B-7-705. Determination of full new performance funding amount -- Role of
200     appropriations subcommittee -- Program review.
201          (1) In accordance with this section, and based on money deposited into the account, the
202     Legislature shall, as part of the higher education appropriations budget process, annually
203     determine the full new performance funding amount for each:
204          (a) degree-granting institution; and
205          (b) technical college.
206          (2) (a) [The] Before January 1, 2024, the Legislature shall annually allocate:
207          [(a)] (i) 90% of the money in the account to degree-granting institutions; and
208          [(b)] (ii) 10% of the money in the account to technical colleges.
209          (b) After January 1, 2024, the Legislature shall annually allocate:
210          (i) 85% of the money in the account to degree-granting institutions; and
211          (ii) 15% of the money in the account to technical colleges.
212          (3) (a) The Legislature shall determine a degree-granting institution's full new
213     performance funding amount based on the degree-granting institution's prior year share of:
214          (i) full-time equivalent enrollment in all degree-granting institutions; and
215          (ii) the total state-funded appropriated budget for all degree-granting institutions.
216          (b) In determining a degree-granting institution's full new performance funding
217     amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i)

218     and (ii).
219          (4) (a) The Legislature shall determine a technical college's full new performance
220     funding amount based on the technical college's prior year share of:
221          (i) (A) before January 1, 2024, membership hours for all technical colleges; and
222          (B) after January 1, 2024, full-time equivalent enrollment for all technical colleges; and
223          (ii) the total state-funded appropriated budget for all technical colleges.
224          (b) In determining a technical college's full new performance funding amount, the
225     Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and (ii).
226          (5) Annually, at least 30 days before the first day of the legislative general session the
227     board shall submit a report to the Higher Education Appropriations Subcommittee on each
228     degree-granting institution's and each technical college's performance.
229          (6) (a) In accordance with this Subsection (6), and based on the report described in
230     Subsection (5), the Legislature shall determine for each degree-granting institution and each
231     technical college:
232          (i) the portion of the full new performance funding amount earned; and
233          (ii) the amount of new performance funding to recommend that the Legislature
234     appropriate, from the account, to the degree-granting institution or technical college.
235          (b) (i) This Subsection (6)(b) applies before January 1, 2024.
236          [(i)] (ii) A degree-granting institution earns the full new performance funding amount
237     if the degree-granting institution has a positive change in performance of at least 1% compared
238     to the degree-granting institution's average performance over the previous five years.
239          [(ii)] (iii) (A) Except as provided in Subsection (6)(b)[(ii)](iii)(B), a technical college
240     earns the full new performance funding amount if the technical college has a positive change in
241     the technical college's performance of at least 5% compared to the technical college's average
242     performance over the previous five years.
243          (B) A technical college's change in performance may be compared to the technical
244     college's average performance over fewer than five years in accordance with Subsection

245     53B-7-707(3)(b).
246          (c) After January 1, 2024, a degree-granting institution or technical college earns the
247     full new performance funding amount if the degree-granting institution or technical college
248     meets the annual performance goals the board sets under Subsection 53B-7-706(1)(a)(ii).
249          [(c)] (d) [A] Before January 1, 2024, a degree-granting institution or technical college
250     that has a positive change in performance that is less than a change described in Subsection
251     (6)(b) is eligible to receive a prorated amount of the full new performance funding amount.
252          [(d)] (e) [A] Before January 1, 2024, a degree-granting or technical college that has a
253     negative change, or no change, in performance over a time period described in Subsection
254     (6)(b) is not eligible to receive new performance funding.
255          (f) After January 1, 2024, a degree-granting institution or technical college that does
256     not meet the goals the board sets under Subsection 53B-7-706(1)(a)(ii):
257          (i) is not eligible to receive the full new performance funding amount; and
258          (ii) is eligible to receive a prorated amount of the full new performance funding
259     amount for performance that is greater than zero as measured by the model the board
260     establishes under Subsection 53B-7-706(1)(a)(i)(B).
261          (g) (i) After January 1, 2024, if a degree-granting institution or technical college does
262     not earn the full new performance funding amount as described in Subsection (6)(c), the board
263     shall:
264          (A) set aside the unearned new performance funding; and
265          (B) at the end of a five-year period for which the board sets goals under Subsection
266     53B-7-706(1)(a)(ii), allocate the funds set aside under Subsection (6)(g)(i)(A) to a
267     degree-granting institution or technical college that meets the degree-granting institution's or
268     technical college's five-year goals described in Subsection 53B-7-706(1)(a)(ii)(B).
269          (ii) The board may reallocate the funds described in Subsection (6)(g)(i)(A) on a
270     one-time basis to a degree-granting institution or technical college that exceeds the
271     degree-granting institution's or technical college's annual performance goals until the board

272     evaluates performance of five-year goals as described Subsection 53B-7-706(5).
273          (7) An appropriation described in this section is ongoing.
274          (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
275     may, by majority vote, appropriate or refrain from appropriating money for performance
276     funding as circumstances require in a particular year.
277          [(9) On or before November 1, 2020, the Education Interim Committee, the Higher
278     Education Appropriations Subcommittee, and the governor shall review the implementation of
279     performance funding described in this part.]
280          Section 5. Section 53B-7-706 is amended to read:
281          53B-7-706. Performance metrics for institutions -- Determination of
282     performance.
283          (1) (a) (i) (A) The board shall establish a model for determining a degree-granting
284     institution's performance.
285          (B) Beginning in March 2021, the board shall establish a model for determining a
286     degree-granting institution's or technical college's performance.
287          (ii) Beginning in May 2021, the board shall:
288          (A) set a five-year goal for the Utah System of Higher Education for each metric
289     described in Subsection (2)(a)(ii);
290          (B) adopt five-year goals for each degree-granting institution and technical college that
291     align with each goal described in Subsection (1)(a)(ii)(A); and
292          (C) ensure the goals the board adopts for each degree-granting institution and technical
293     college described in Subsection (1)(a)(ii)(B) are sufficiently rigorous to meet the goals
294     described in Subsection (1)(a)(ii)(A); and
295          (b) (i) The board shall submit a draft of the model described in this section to the
296     Higher Education Appropriations Subcommittee and the governor for comments and
297     recommendations.
298          (ii) Beginning in 2021, and every five years thereafter, the board shall:

299          (A) submit the model described in Subsection (1)(a)(i) and the goals described in
300     Subsection (1)(a)(ii) to the Higher Education Appropriations Subcommittee and to the
301     governor for comments and recommendations; and
302          (B) consider the comments and recommendations described in Subsection
303     (1)(b)(ii)(A), and make any necessary changes to the model described in Subsection (1)(a)(i)
304     and the goals described in Subsection (1)(a)(ii).
305          (c) Beginning in 2021, and every five years thereafter, the Executive Appropriations
306     Committee, the Higher Education Appropriations Subcommittee, and the Education Interim
307     Committee shall prepare and jointly meet to consider legislation for introduction at the
308     following general legislative session to adopt the goals described in Subsection (1)(a)(ii).
309          (2) (a) (i) The model described in Subsection (1)(a)(i)(A) shall include metrics,
310     including:
311          [(i)] (A) completion, measured by degrees and certificates awarded;
312          [(ii)] (B) completion by underserved students, measured by degrees and certificates
313     awarded to underserved students;
314          [(iii)] (C) responsiveness to workforce needs, measured by degrees and certificates
315     awarded in high market demand fields;
316          [(iv)] (D) institutional efficiency, measured by degrees and certificates awarded per
317     full-time equivalent student; and
318          [(v)] (E) for a research university, research, measured by total research expenditures.
319          (ii) Beginning in 2021, the board shall set the goals and establish the performance
320     model described in Subsection (1)(a)(i)(B) for the following metrics:
321          (A) access;
322          (B) timely completion; and
323          (C) high-yield awards.
324          (b) (i) Subject to Subsection [(2)(c)] (2)(b)(ii), the board shall determine the relative
325     weights of the metrics described in Subsection (2)(a)(i).

326          [(c)] (ii) The board shall assign the responsiveness to workforce needs metric described
327     in Subsection [(2)(a)(iii)] (2)(a)(i)(C) a weight of at least 25% when determining a
328     degree-granting institution's performance.
329          (c) Beginning in 2021, the board shall determine and establish in board policy, the
330     definitions, measures, and relative weights of the metrics described in Subsection (2)(a)(ii)
331     based on each degree-granting institution's and each technical college's mission.
332          (3) (a) For each degree-granting institution, the board shall annually determine the
333     degree-granting institution's:
334          [(a)] (i) performance; and
335          [(b)] (ii) change in performance compared to the degree-granting institution's average
336     performance over the previous five years.
337          (b) Beginning in 2022, for each degree-granting institution and technical college, the
338     board shall annually:
339          (i) adopt annual performance goals for each metric described in Subsection (2)(a)(ii)
340     that will advance the degree-granting institution or technical college toward achievement of the
341     five-year goals described in Subsection (1)(a)(ii);
342          (ii) evaluate performance in meeting the goals described in Subsection (3)(b)(i); and
343          (iii) include a degree-granting institution's or technical college's performance under this
344     section in the evaluation described in Subsection 53B-1-402(2)(i)(iii).
345          (4) (a) The board shall use the model described in [this section] Subsection (1)(a)(i)(A)
346     to make the report described in Section 53B-7-705 for determining a degree-granting
347     institution's performance funding for a fiscal year beginning on or after July 1, 2018[.], but
348     before July 1, 2024.
349          (b) For a fiscal year beginning on or after July 1, 2024, the board shall use the model
350     described in Subsection (1)(a)(i)(B) to make the report described in Section 53B-7-705 for
351     determining a degree-granting institution's or technical college's performance funding.
352          (5) At the end of each five-year period for which the board sets goals under Subsection

353     (1)(a)(ii):
354          (a) the board shall:
355          (i) review the Utah System of Higher Education's performance in meeting the goals the
356     board sets under Subsection (1)(a)(ii)(A);
357          (ii) review each degree-granting institution's and each technical college's performance
358     in meeting the goals the board sets under Subsection (1)(a)(ii)(B); and
359          (iii) allocate any funds not allocated under Subsection 53B-7-705(6)(g) to each
360     degree-granting institution and each technical college that meets or exceeds the goals the board
361     sets under Subsection (1)(a)(ii)(B); and
362          (b) the Legislature may appropriate additional funds for the board to allocate to each
363     degree-granting institution and each technical college that meets or exceeds goals as described
364     in Subsection (5)(a)(iii).
365          (6) In year two or three of each five-year period for which the board sets goals under
366     Subsection (1)(a)(ii), the following committees and the governor shall hold a joint open
367     meeting to review the goals the board sets under Subsection (1)(a)(ii):
368          (a) the Executive Appropriations Committee;
369          (b) the Higher Education Appropriations Subcommittee; and
370          (c) the Education Interim Committee.
371          Section 6. Section 53E-1-201 is amended to read:
372          53E-1-201. Reports to and action required of the Education Interim Committee.
373          (1) In accordance with applicable provisions and Section 68-3-14, the following
374     recurring reports are due to the Education Interim Committee:
375          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
376     including the information described in Section 9-22-113 on the status of the computer science
377     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
378          (b) the prioritized list of data research described in Section 35A-14-302 and the report
379     on research described in Section 35A-14-304 by the Utah Data Research Center;

380          (c) the report described in Section 35A-15-303 by the State Board of Education on
381     preschool programs;
382          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
383     on career and technical education issues and addressing workforce needs;
384          (e) the annual report of the Utah Board of Higher Education described in Section
385     53B-1-402;
386          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
387     regarding activities related to campus safety;
388          (g) the State Superintendent's Annual Report by the state board described in Section
389     53E-1-203;
390          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
391     plan to improve student outcomes;
392          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
393     the Deaf and the Blind;
394          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
395     Actionable, and Dynamic Education director on research and other activities;
396          (k) the report described in Section 53F-4-203 by the state board and the independent
397     evaluator on an evaluation of early interactive reading software;
398          (l) the report described in Section 53F-4-407 by the state board on UPSTART;
399          (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
400     related to grants for professional learning and grants for an elementary teacher preparation
401     assessment; and
402          (n) the report described in Section 53F-5-405 by the State Board of Education
403     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
404     for students who are low income.
405          (2) In accordance with applicable provisions and Section 68-3-14, the following
406     occasional reports are due to the Education Interim Committee:

407          (a) the report described in Section 35A-15-303 by the School Readiness Board by
408     November 30, 2020, on benchmarks for certain preschool programs;
409          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
410     on or before the Education Interim Committee's November 2021 meeting;
411          (c) the report described in Section 53E-3-519 by the state board regarding counseling
412     services in schools;
413          (d) the reports described in Section 53E-3-520 by the state board regarding cost centers
414     and implementing activity based costing;
415          (e) if required, the report described in Section 53E-4-309 by the state board explaining
416     the reasons for changing the grade level specification for the administration of specific
417     assessments;
418          (f) if required, the report described in Section 53E-5-210 by the state board of an
419     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
420          (g) in 2022 and in 2023, on or before November 30, the report described in Subsection
421     53E-10-309(7) related to the PRIME pilot program;
422          (h) the report described in Section 53E-10-702 by Utah Leading through Effective,
423     Actionable, and Dynamic Education;
424          (i) the report described in Section 53F-2-502 by the state board on the program
425     evaluation of the dual language immersion program;
426          (j) if required, the report described in Section 53F-2-513 by the state board evaluating
427     the effects of salary bonuses on the recruitment and retention of effective teachers in high
428     poverty schools;
429          (k) upon request, the report described in Section 53F-5-207 by the state board on the
430     Intergenerational Poverty Intervention Grants Program;
431          (l) the report described in Section 53F-5-210 by the state board on the Educational
432     Improvement Opportunities Outside of the Regular School Day Grant Program;
433          (m) the report described in Section 53G-7-503 by the state board regarding fees that

434     LEAs charge during the 2020-2021 school year;
435          (n) the reports described in Section 53G-11-304 by the state board regarding proposed
436     rules and results related to educator exit surveys;
437          (o) upon request, the report described in Section 53G-11-505 by the state board on
438     progress in implementing employee evaluations;
439          (p) the report described in Section 62A-15-117 by the Division of Substance Abuse
440     and Mental Health, the State Board of Education, and the Department of Health regarding
441     recommendations related to Medicaid reimbursement for school-based health services; and
442          (q) the reports described in Section 63C-19-202 by the Higher Education Strategic
443     Planning Commission.
444          [(3) In accordance with Section 53B-7-705, the Education Interim Committee shall
445     complete the review of the implementation of performance funding.]
446          Section 7. Section 63I-2-253 is amended to read:
447          63I-2-253. Repeal dates -- Titles 53 through 53G.
448          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
449     emergency, is repealed on December 31, 2021.
450          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
451     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
452     necessary changes to subsection numbering and cross references.
453          (2) Section 53B-2a-103 is repealed July 1, 2021.
454          (3) Section 53B-2a-104 is repealed July 1, 2021.
455          (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
456     technical college board of trustees, is repealed July 1, 2022.
457          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
458     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
459     necessary changes to subsection numbering and cross references.
460          (5) Section 53B-6-105.7 is repealed July 1, 2024.

461          (6) (a) Subsection 53B-7-705(6)(b)[(ii)](iii)(A), the language that states "Except as
462     provided in Subsection (6)(b)[(ii)](iii)(B)," is repealed July 1, 2021.
463          (b) Subsection 53B-7-705(6)(b)[(ii)](iii)(B), regarding comparing a technical college's
464     change in performance with the technical college's average performance, is repealed July 1,
465     2021.
466          (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
467     Subsection (3)(b)," is repealed July 1, 2021.
468          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
469     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
470          (8) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
471     July 1, 2023.
472          [(8)] (9) Section 53B-8-114 is repealed July 1, 2024.
473          [(9)] (10) (a) The following sections, regarding the Regents' scholarship program, are
474     repealed on July 1, 2023:
475          (i) Section 53B-8-202;
476          (ii) Section 53B-8-203;
477          (iii) Section 53B-8-204; and
478          (iv) Section 53B-8-205.
479          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
480     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
481          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
482     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
483     necessary changes to subsection numbering and cross references.
484          [(10)] (11) Section 53B-10-101 is repealed on July 1, 2027.
485          [(11)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
486     is repealed July 1, 2023.
487          [(12)] (13) Section 53E-3-519 regarding school counselor services is repealed July 1,

488     2020.
489          [(13)] (14) Section 53E-3-520 is repealed July 1, 2021.
490          [(14)] (15) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
491     performance and continued funding relating to the School Recognition and Reward Program, is
492     repealed July 1, 2020.
493          [(15)] (16) Section 53E-5-307 is repealed July 1, 2020.
494          [(16)] (17) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
495     July 1, 2024.
496          [(17)] (18) In Subsections 53F-2-205(4) and (5), regarding the State Board of
497     Education's duties if contributions from the minimum basic tax rate are overestimated or
498     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
499     2023.
500          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
501     repealed July 1, 2023.
502          [(19)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
503     applicable" is repealed July 1, 2023.
504          [(20)] (21) Section 53F-4-207 is repealed July 1, 2022.
505          [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
506     applicable" is repealed July 1, 2023.
507          [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
508     applicable" is repealed July 1, 2023.
509          [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
510     applicable" is repealed July 1, 2023.
511          [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
512     as applicable" is repealed July 1, 2023.
513          [(25)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
514     related to the civics engagement pilot program, are repealed on July 1, 2023.

515          [(26)] (27) On July 1, 2023, when making changes in this section, the Office of
516     Legislative Research and General Counsel shall, in addition to the office's authority under
517     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
518     identified in this section are complete sentences and accurately reflect the office's perception of
519     the Legislature's intent.