Representative V. Lowry Snow proposes the following substitute bill:


1     
HIGHER EDUCATION AND CORRECTIONS COUNCIL

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill establishes the Higher Education and Corrections Council to advise the Utah
10     Board of Higher Education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     establishes the Higher Education and Corrections Council (council) to advise the
15     Utah Board of Higher Education (board), the Education Interim Committee, and the
16     Higher Education Appropriations Subcommittee;
17          ▸     provides for the membership and duties of the council;
18          ▸     requires the council to:
19               •     make recommendations regarding the delivery of education in the state's
20     correctional facilities;
21               •     collect certain critical data; and
22               •     report annually to the board, the Education Interim Committee, and the Higher
23     Education Appropriations Subcommittee; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:

26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53B-1-301, as last amended by Laws of Utah 2021, Chapters 282, 351, 402, and 425
32          53E-1-201, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
33     ENACTS:
34          53B-33-101, Utah Code Annotated 1953
35          53B-33-201, Utah Code Annotated 1953
36          53B-33-202, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53B-1-301 is amended to read:
40          53B-1-301. Reports to and actions of the Higher Education Appropriations
41     Subcommittee.
42          (1) In accordance with applicable provisions and Section 68-3-14, the following
43     recurring reports are due to the Higher Education Appropriations Subcommittee:
44          (a) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the
45     Rocky Mountain Center for Occupational and Environmental Health;
46          (b) the report described in Section 53B-7-101 by the board on recommended
47     appropriations for higher education institutions, including the report described in Section
48     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
49          (c) the report described in Section 53B-7-704 by the Department of Workforce
50     Services and the Governor's Office of Economic Opportunity on targeted jobs;
51          (d) the reports described in Section 53B-7-705 by the board on performance;
52          (e) the report described in Section 53B-8-201 by the board on the Opportunity
53     Scholarship Program;
54          (f) the report described in Section 53B-8-303 by the board regarding Access Utah
55     promise scholarships;
56          (g) the report described in Section 53B-8d-104 by the Division of Child and Family

57     Services on tuition waivers for wards of the state;
58          (h) the report described in Section 53B-12-107 by the Utah Higher Education
59     Assistance Authority;
60          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
61     Program;
62          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
63     Miners' Hospital for Disabled Miners;
64          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
65     Opportunity on high demand technical jobs projected to support economic growth;
66          (l) the report described in Section 53B-26-202 by the Medical Education Council on
67     projected demand for nursing professionals; [and]
68          (m) the report described in Section 53B-1-303 regarding the Higher Education and
69     Corrections Council; and
70          [(m)] (n) the report described in Section 53E-10-308 by the State Board of Education
71     and board on student participation in the concurrent enrollment program.
72          (2) In accordance with applicable provisions and Section 68-3-14, the following
73     occasional reports are due to the Higher Education Appropriations Subcommittee:
74          (a) upon request, the information described in Section 53B-8a-111 submitted by the
75     Utah Educational Savings Plan;
76          (b) a proposal described in Section 53B-26-202 by an eligible program to respond to
77     projected demand for nursing professionals;
78          (c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
79     on the fire and rescue training program described in Section 53B-29-202; and
80          (d) the reports described in Section 63C-19-202 by the Higher Education Strategic
81     Planning Commission on the commission's progress.
82          (3) In accordance with applicable provisions, the Higher Education Appropriations
83     Subcommittee shall complete the following:
84          (a) as required by Section 53B-7-703, the review of performance funding described in
85     Section 53B-7-703;
86          (b) an appropriation recommendation described in Section 53B-26-103 to fund a
87     proposal responding to workforce needs of a strategic industry cluster;

88          (c) an appropriation recommendation described in Section 53B-26-202 to fund a
89     proposal responding to projected demand for nursing professionals; and
90          (d) review of the report described in Section 63B-10-301 by the University of Utah on
91     the status of a bond and bond payments specified in Section 63B-10-301.
92          Section 2. Section 53B-33-101 is enacted to read:
93     
CHAPTER 33. HIGHER EDUCATION AND CORRECTIONS COUNCIL

94     
Part 1. General Provisions

95          53B-33-101. Definitions.
96          As used in this chapter, "council" means the Higher Education and Corrections Council
97     created in Section 53B-33-201.
98          Section 3. Section 53B-33-201 is enacted to read:
99     
Part 2. Council Duties

100          53B-33-201. Higher Education and Corrections Council.
101          (1) There is created the Higher Education and Corrections Council to advise the board,
102     the Education Interim Committee, and the Higher Education Appropriations Subcommittee
103     regarding the development and delivery of accredited higher education curriculum to
104     incarcerated individuals in the state correctional system.
105          (2) The council consists of the following 13 members:
106          (a) a member of the House of Representatives whom the speaker of the House of
107     Representatives appoints;
108          (b) a member of the Senate whom the president of the Senate appoints;
109          (c) two members of the board whom the chair of the board appoints:
110          (i) one member having expertise in technical colleges; and
111          (ii) one member having expertise in general education;
112          (d) the commissioner or the commissioner's designee;
113          (e) the following two members whom the commissioner appoints and who are engaged
114     in prison education and have expertise in transfer articulation:
115          (i) one employee of a technical college; and
116          (ii) one employee of a degree-granting institution;
117          (f) the following two members whom the governor appoints:
118          (i) an individual who actively researches higher education delivered in a corrections

119     setting using evidence-based practices; and
120          (ii) a formerly incarcerated individual who participated in postsecondary educational
121     programs while incarcerated;
122          (g) one member of the Board of Pardons and Parole whom the chair of the Board of
123     Pardons and Parole appoints;
124          (h) the executive director of the Department of Corrections with expertise in
125     programming or the executive director's designee;
126          (i) one employee of the Department of Corrections whom the executive director of the
127     Department of Corrections appoints; and
128          (j) the executive director of the Department of Workforce Services or the executive
129     director's designee.
130          (3) (a) The members described in Subsections (2)(a) and (2)(b) shall serve as co-chairs
131     of the council.
132          (b) (i) Except as provided under Subsection (3)(b)(ii), an appointed member of the
133     council shall serve a term of two years.
134          (ii) A council member's term ends on the day on which the member's status that allows
135     the member to serve on the council under Subsection (2) ends.
136          (c) The individuals authorized to make appointments under Subsection (2) shall make
137     the respective appointments:
138          (i) for the initial appointments, before July 1, 2022;
139          (ii) for subsequent terms, before July 1 of each odd-numbered year, by:
140          (A) reappointing the council member whose term expires under Subsection (3)(b)(i); or
141          (B) appointing a new council member; and
142          (iii) in the case of a vacancy created under Subsection (3)(b)(ii), for the remainder of
143     the vacated term.
144          (d) The individual authorized to make appointments under Subsection (2) may change
145     the relevant appointment described in Subsection (2) at any time for the remainder of the
146     existing term.
147          (4) (a) The salary and expenses of a council member who is a legislator shall be paid in
148     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
149     Compensation.

150          (b) A council member who is not a legislator:
151          (i) may not receive compensation or benefits for the member's service on the council;
152     and
153          (ii) may receive per diem and reimbursement for travel expenses that the council
154     member incurs as a council member at the rates that the Division of Finance establishes under:
155          (A) Sections 63A-3-106 and 63A-3-107; and
156          (B) rules that the Division of Finance makes under Sections 63A-3-106 and
157     63A-3-107.
158          (5) (a) A majority of the council members constitutes a quorum.
159          (b) The action of a majority of a quorum constitutes an action of the council.
160          (6) The commissioner shall provide staff support to the council.
161          Section 4. Section 53B-33-202 is enacted to read:
162          53B-33-202. Council duties -- Reporting.
163          (1) The council shall:
164          (a) coordinate, facilitate, and support the delivery of higher education in the state's
165     correctional facilities to prepare incarcerated individuals for integration and productive
166     employment upon release;
167          (b) explore and provide recommendations to the board and the Utah Department of
168     Corrections for the efficient and effective delivery of higher education programs to incarcerated
169     individuals, including:
170          (i) evidence-based practices and technologies;
171          (ii) methods of maximizing and facilitating incarcerated individuals' access to
172     educational programs;
173          (iii) methods of supporting and facilitating timely completion of courses, certificates,
174     and degrees;
175          (iv) methods of emphasizing educational programs that:
176          (A) align with current and future workforce demands of the state;
177          (B) lead to occupations that are accessible to released incarcerated individuals;
178          (C) provide sustainable wages following release; and
179          (D) maximize accessibility and timely completion during incarceration;
180          (v) use of cross-institutional application of coursework toward certificates and degrees;

181          (vi) use of coursework that encourages personal and civic development; and
182          (vii) methods of leveraging innovative course delivery, including technology resources;
183          (c) explore and implement methods and make recommendations for the collection and
184     analysis of critical data regarding:
185          (i) enrollment and completion of postsecondary education courses, certificate
186     programs, credentials, and degree programs;
187          (ii) federal and state student aid awarded to incarcerated individuals;
188          (iii) costs of postsecondary education in prison, including any recommendations for
189     continued improvement; and
190          (iv) outcomes of formerly incarcerated individuals who participated in postsecondary
191     programming during incarceration if the individual is under the supervision of the Department
192     of Corrections, including recidivism, employment, and post-release postsecondary education
193     engagement; and
194          (d) recommend requests for legislative appropriations to the board to support the
195     purposes and objectives of the council.
196          (2) The council shall annually report regarding the council's plans and programs, the
197     number of enrollees served, and the number of enrollees receiving degrees and certificates to:
198          (a) the board;
199          (b) before the committee's November interim committee meeting, the Education
200     Interim Committee; and
201          (c) at least 30 days before the beginning of the annual legislative session, the Higher
202     Education Appropriations Subcommittee.
203          Section 5. Section 53E-1-201 is amended to read:
204          53E-1-201. Reports to and action required of the Education Interim Committee.
205          (1) In accordance with applicable provisions and Section 68-3-14, the following
206     recurring reports are due to the Education Interim Committee:
207          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
208     including the information described in Section 9-22-113 on the status of the computer science
209     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
210          (b) the prioritized list of data research described in Section 35A-14-302 and the report
211     on research described in Section 35A-14-304 by the Utah Data Research Center;

212          (c) the report described in Section 35A-15-303 by the State Board of Education on
213     preschool programs;
214          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
215     on career and technical education issues and addressing workforce needs;
216          (e) the annual report of the Utah Board of Higher Education described in Section
217     53B-1-402;
218          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
219     regarding activities related to campus safety;
220          (g) the State Superintendent's Annual Report by the state board described in Section
221     53E-1-203;
222          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
223     plan to improve student outcomes;
224          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
225     the Deaf and the Blind;
226          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
227     Actionable, and Dynamic Education director on research and other activities;
228          (k) the report described in Section 53F-4-203 by the state board and the independent
229     evaluator on an evaluation of early interactive reading software;
230          (l) the report described in Section 53F-4-407 by the state board on UPSTART;
231          (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
232     related to grants for professional learning and grants for an elementary teacher preparation
233     assessment; [and]
234          (n) the report described in Section 53F-5-405 by the State Board of Education
235     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
236     for students who are low income[.]; and
237          (o) the report described in Section 63C-25-202 regarding the Higher Education and
238     Corrections Council.
239          (2) In accordance with applicable provisions and Section 68-3-14, the following
240     occasional reports are due to the Education Interim Committee:
241          (a) the report described in Section 35A-15-303 by the School Readiness Board by
242     November 30, 2020, on benchmarks for certain preschool programs;

243          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
244     on or before the Education Interim Committee's November 2021 meeting;
245          (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
246     and implementing activity based costing;
247          (d) if required, the report described in Section 53E-4-309 by the state board explaining
248     the reasons for changing the grade level specification for the administration of specific
249     assessments;
250          (e) if required, the report described in Section 53E-5-210 by the state board of an
251     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
252          (f) in 2022 and in 2023, on or before November 30, the report described in Subsection
253     53E-10-309(7) related to the PRIME pilot program;
254          (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
255     Actionable, and Dynamic Education;
256          (h) if required, the report described in Section 53F-2-513 by the state board evaluating
257     the effects of salary bonuses on the recruitment and retention of effective teachers in high
258     poverty schools;
259          (i) upon request, the report described in Section 53F-5-207 by the state board on the
260     Intergenerational Poverty Intervention Grants Program;
261          (j) the report described in Section 53F-5-210 by the state board on the Educational
262     Improvement Opportunities Outside of the Regular School Day Grant Program;
263          (k) the report described in Section 53G-7-503 by the state board regarding fees that
264     LEAs charge during the 2020-2021 school year;
265          (l) the reports described in Section 53G-11-304 by the state board regarding proposed
266     rules and results related to educator exit surveys;
267          (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
268     and Mental Health, the State Board of Education, and the Department of Health regarding
269     recommendations related to Medicaid reimbursement for school-based health services; and
270          (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
271     Planning Commission.