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7 LONG TITLE
8 General Description:
9 This bill amends provisions regarding governance of the state's system of higher
10 education.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ removes an exception for public employment of a relative under certain
15 circumstances;
16 ▸ creates, within the University of Utah, the Office of the Commissioner of the Utah
17 System of Higher Education and the Utah Board of Higher Education for the
18 purposes of shared administrative services;
19 ▸ amends the membership and duties of the State Board of Higher Education (board);
20 ▸ amends the nominating and appointment process of members of the board;
21 ▸ amends the duties of the commissioner of higher education;
22 ▸ repeals requirements regarding the establishment of certain committees;
23 ▸ amends provisions regarding the employment, support, and evaluation of institution
24 of higher education presidents;
25 ▸ amends provisions regarding the approval of programs;
26 ▸ requires the board to engage in certain program and discipline reviews;
27 ▸ amends provisions regarding the set aside and reallocation of new performance
28 funding;
29 ▸ repeals obsolete provisions regarding past requirements; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 This bill provides revisor instructions.
35 Utah Code Sections Affected:
36 AMENDS:
37 52-3-1, as last amended by Laws of Utah 2018, Chapter 118
38 53B-1-101.5, as last amended by Laws of Utah 2020, Chapter 365
39 53B-1-401, as last amended by Laws of Utah 2022, Chapters 166, 177
40 53B-1-402, as last amended by Laws of Utah 2022, Chapters 166, 177
41 53B-1-403, as enacted by Laws of Utah 2020, Chapter 365
42 53B-1-404, as last amended by Laws of Utah 2022, Chapter 362
43 53B-1-408, as last amended by Laws of Utah 2021, Chapter 187
44 53B-1-501, as enacted by Laws of Utah 2020, Chapter 365 and last amended by
45 Coordination Clause, Laws of Utah 2020, Chapter 365
46 53B-2-102, as last amended by Laws of Utah 2021, Chapter 187
47 53B-2a-101, as last amended by Laws of Utah 2020, Chapters 152, 365
48 53B-2a-112, as last amended by Laws of Utah 2022, Chapter 421
49 53B-7-705, as last amended by Laws of Utah 2021, Chapter 351
50 53B-7-706, as last amended by Laws of Utah 2021, Chapter 351
51 53B-13a-102, as last amended by Laws of Utah 2022, Chapter 370
52 53B-13b-102, as last amended by Laws of Utah 2017, Chapter 143
53 53B-13c-101, as enacted by Laws of Utah 2021, Chapter 271
54 53B-16-101, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
55 53B-16-102, as last amended by Laws of Utah 2020, Chapter 365
56 53B-16-105, as last amended by Laws of Utah 2020, Chapter 365
57 53B-20-101, as enacted by Laws of Utah 1987, Chapter 167
58 67-1-12, as last amended by Laws of Utah 2017, Chapter 382
59 REPEALS:
60 53B-1-406, as enacted by Laws of Utah 2020, Chapter 365
61 53B-1-502, as enacted by Laws of Utah 2020, Chapter 365
62 53B-6-106, as last amended by Laws of Utah 2020, Chapter 365
63
64 Be it enacted by the Legislature of the state of Utah:
65 Section 1. Section 52-3-1 is amended to read:
66 52-3-1. Employment of relatives and household members prohibited --
67 Exceptions.
68 (1) As used in this chapter:
69 (a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid
70 from public funds.
71 (b) "Chief administrative officer" means the person who has ultimate responsibility for
72 the operation of the department or agency of the state or a political subdivision.
73 (c) "Household member" means a person who resides in the same residence as the
74 public officer.
75 (d) "Public officer" means a person who holds a position that is compensated by public
76 funds.
77 (e) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
78 grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
79 mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
80 (2) (a) A public officer may not employ, appoint, or vote for or recommend the
81 appointment of an appointee when the appointee will be directly supervised by a relative or
82 household member, unless:
83 (i) the appointee is eligible or qualified to be employed by a department or agency of
84 the state or a political subdivision of the state as a result of the appointee's compliance with
85 civil service or merit system laws or regulations;
86 (ii) the appointee will be compensated from funds designated for vocational training;
87 (iii) the appointee will be employed for a period of 12 weeks or less;
88 (iv) the appointee is a volunteer as defined by the employing entity; or
89 (v) the chief administrative officer determines that the appointee is the only or best
90 person available, qualified, or eligible for the position.
91 (b) A public officer may not directly supervise an appointee who is a relative or
92 household member of the public officer, unless:
93 (i) the appointee was appointed or employed before the public officer assumed the
94 public officer's supervisory position, if the appointee's appointment did not violate the
95 provisions of this chapter in effect at the time of the appointee's appointment;
96 (ii) the appointee is eligible or qualified to be employed by a department or agency of
97 the state or a political subdivision of the state as a result of the appointee's compliance with
98 civil service or merit system laws or regulations;
99 (iii) the appointee will be compensated from funds designated for vocational training;
100 (iv) the appointee will be employed for a period of 12 weeks or less;
101 (v) the appointee is a volunteer as defined by the employing entity;
102 (vi) the appointee is the only person available, qualified, or eligible for the position; or
103 (vii) the chief administrative officer determines that the public officer is the only
104 individual available or best qualified to perform supervisory functions for the appointee.
105 (c) When a public officer supervises a relative or household member under Subsection
106 (2)(b):
107 (i) the public officer shall immediately submit a complete written disclosure of the
108 public officer's relationship with the relative or household member:
109 (A) for a public officer subject to the requirements of Title 67, Chapter 16, Utah Public
110 Officers' and Employees' Ethics Act, in the same manner the public officer is required to make
111 a disclosure under Section 67-16-7;
112 (B) for a public officer subject to the requirements of Title 17, Chapter 16a, County
113 Officers and Employees Disclosure Act, in the same manner the public officer is required to
114 make a disclosure under Section 17-16a-6; and
115 (C) for a public officer subject to the requirements of Title 10, Chapter 3, Part 13,
116 Municipal Officers' and Employees' Ethics Act, in the same manner the public officer is
117 required to make a disclosure under Section 10-3-1306; and
118 (ii) the public officer may not evaluate the job performance of or recommend salary
119 increases for the relative or household member.
120 (d) A disclosure submitted under this Subsection (2) is public, and the person or entity
121 with which the public officer files the disclosure shall make the disclosure available for public
122 inspection.
123 (3) An appointee may not accept or retain employment if accepting or retaining
124 employment will place the appointee under the direct supervision of a relative or household
125 member unless:
126 (a) the relative or household member was appointed or employed before the appointee
127 assumed the appointee's position, if the appointment of the relative or household member did
128 not violate the provisions of this chapter in effect at the time of the appointment;
129 (b) the appointee was or is eligible or qualified to be employed by a department or
130 agency of the state or a political subdivision of the state as a result of the appointee's
131 compliance with civil service or merit system laws or regulations;
132 (c) the appointee is the only person available, qualified, or eligible for the position;
133 [
134 [
135 [
136 [
137 household member is the only individual available or qualified to supervise the appointee.
138 Section 2. Section 53B-1-101.5 is amended to read:
139 53B-1-101.5. Definitions.
140 As used in this title:
141 (1) (a) "Academic education" means an educational program that is offered by a
142 degree-granting institution.
143 (b) "Academic education" does not include technical education.
144 (2) "Board" means the Utah Board of Higher Education described in Section
145 53B-1-402.
146 (3) "Career and technical education" means an educational program that:
147 (a) is designed to meet industry needs;
148 (b) leads to:
149 (i) a certificate; or
150 (ii) a degree; and
151 (c) may qualify for funding under the Carl D. Perkins Career and Technical Education
152 Improvement Act of 2006, 20 U.S.C. 2301 et seq.
153 (4) "Commissioner" means the commissioner of higher education appointed in
154 accordance with Section 53B-1-408.
155 (5) "Degree-granting institution of higher education" or "degree-granting institution"
156 means an institution of higher education described in Subsection 53B-1-102(1)(a).
157 (6) "Institution board of trustees" means:
158 (a) an institution of higher education board of trustees described in Section 53B-2-103;
159 or
160 (b) a technical college board of trustees described in Section 53B-2a-108.
161 (7) "Technical college" means an institution of higher education described in
162 Subsection 53B-1-102(1)(b).
163 (8) (a) "Technical education" means career and technical education that:
164 (i) leads to [
165 (ii) is short-term training.
166 (b) "Technical education" does not include general education.
167 Section 3. Section 53B-1-401 is amended to read:
168 53B-1-401. Definitions.
169 As used in this part:
170 (1) "Board" means the Utah Board of Higher Education described in Section
171 53B-1-402.
172 (2) "Institution of higher education" or "institution" means an institution of higher
173 education described in Section 53B-1-102.
174 (3) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of
175 gestational age or the duration of the pregnancy.
176 [
177 Section 4. Section 53B-1-402 is amended to read:
178 53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
179 (1) There is established [
180 Board of Regents, which:
181 [
182 [
183 [
184 higher education; and
185 [
186 immunities, and franchises necessary to function as a body politic and corporate.
187 (2) The board shall:
188 (a) establish and promote a state-level vision and goals for higher education that
189 emphasize data-driven retrospective and prospective system priorities, including:
190 (i) quality;
191 (ii) affordability;
192 (iii) access and equity;
193 (iv) completion;
194 (v) workforce alignment and preparation for high-quality jobs; and
195 (vi) economic growth;
196 (b) [
197 (c) [
198 (i) performance related to the goals; and
199 (ii) performance on measures of operational efficiency;
200 (d) collect and analyze data including economic data, demographic data, and data
201 related to the metrics;
202 (e) [
203 (f) establish, approve, and oversee each institution's mission and role in accordance
204 with Section 53B-16-101;
205 (g) assess an institution's performance in accomplishing the institution's mission and
206 role;
207 (h) participate in the establishment and review of programs of instruction in accordance
208 with Section 53B-16-102;
209 (i) perform the following duties related to an institution of higher education president,
210 including:
211 (i) appointing an institution of higher education president in accordance with Section
212 53B-2-102;
213 (ii) through the commissioner and the board's executive committee:
214 (A) providing support and guidance to an institution of higher education president; and
215 [
216 performance and progress toward systemwide priorities; [
217 [
218 education president[
219 contract or another method of establishing employment; and
220 (iv) establishing, through a public process, a statewide succession plan to develop
221 potential institution presidents from within the system;
222 (j) create and implement a strategic finance plan for higher education, including by:
223 (i) establishing comprehensive budget and finance priorities for academic education
224 and technical education;
225 (ii) allocating statewide resources to institutions;
226 (iii) setting tuition for each institution;
227 (iv) administering state financial aid programs;
228 (v) administering performance funding in accordance with Chapter 7, Part 7,
229 Performance Funding; and
230 (vi) developing a strategic capital facility plan and prioritization process in accordance
231 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
232 (k) create and annually report to the Higher Education Appropriations Subcommittee
233 on a seamless articulated education system for Utah students that responds to changing
234 demographics and workforce, including by:
235 (i) providing for statewide prior learning assessment, in accordance with Section
236 53B-16-110;
237 (ii) establishing and maintaining clear pathways for articulation and transfer, in
238 accordance with Section 53B-16-105;
239 (iii) establishing degree program requirement guidelines, including credit hour limits;
240 (iv) aligning general education requirements across degree-granting institutions;
241 (v) coordinating and incentivizing collaboration and partnerships between institutions
242 in delivering programs;
243 (vi) coordinating distance delivery of programs; [
244 (vii) coordinating work-based learning; and
245 (viii) emphasizing the system priorities and metrics described in Subsections (2)(a) and
246 (c);
247 (l) coordinate with the public education system:
248 (i) regarding public education programs that provide postsecondary credit or
249 certificates; and
250 (ii) to ensure that an institution of higher education providing technical education
251 serves secondary students in the public education system;
252 (m) delegate to an institution board of trustees certain duties related to institution
253 governance including:
254 (i) guidance and support for the institution president;
255 (ii) effective administration;
256 (iii) the institution's responsibility for contributing to progress toward achieving
257 systemwide goals; and
258 (iv) other responsibilities determined by the board;
259 (n) delegate to an institution of higher education president management of the
260 institution of higher education;
261 (o) consult with an institution of higher education board of trustees or institution of
262 higher education president before acting on matters pertaining to the institution of higher
263 education;
264 (p) maximize efficiency throughout the Utah system of higher education by identifying
265 and establishing shared administrative services[
266 (i) commercialization;
267 (ii) services for compliance with Title IX of the Education Amendments of 1972, 20
268 U.S.C. Sec. 1681 et seq.;
269 (iii) information technology services; and
270 (iv) human resources, payroll, and benefits administration;
271 (q) develop strategies for providing higher education, including career and technical
272 education, in rural areas;
273 (r) manage and facilitate a process for initiating, prioritizing, and implementing
274 education reform initiatives, beginning with common applications and direct admissions; and
275 (s) provide ongoing quality review of [
276 (3) The board shall submit an annual report of the board's activities and performance
277 against the board's goals and metrics to:
278 (a) the Education Interim Committee;
279 (b) the Higher Education Appropriations Subcommittee;
280 (c) the governor; and
281 (d) each institution of higher education.
282 (4) The board shall prepare and submit an annual report detailing the board's progress
283 and recommendations on workforce related issues, including career and technical education, to
284 the governor and to the Legislature's Education Interim Committee by October 31 of each year,
285 including information detailing:
286 (a) how institutions of higher education are meeting the career and technical education
287 needs of secondary students [
288 (b) how the system provides an emphasis on high demand, high wage, and high skill
289 jobs in business and industry [
290 (c) performance outcomes, including:
291 (i) entered employment;
292 (ii) job retention; and
293 (iii) earnings;
294 (d) an analysis of workforce needs and efforts to meet workforce needs; and
295 (e) student tuition and fees.
296 (5) The board may modify the name of an institution of higher education to reflect the
297 role and general course of study of the institution.
298 (6) The board may not take action relating to merging a technical college with another
299 institution of higher education without legislative approval.
300 (7) This section does not affect the power and authority vested in the State Board of
301 Education to apply for, accept, and manage federal appropriations for the establishment and
302 maintenance of career and technical education.
303 (8) The board shall ensure that any training or certification that an employee of the
304 higher education system is required to complete under this title or by board rule complies with
305 Title 63G, Chapter 22, State Training and Certification Requirements.
306 (9) The board shall adopt a policy requiring institutions to provide at least three work
307 days of paid bereavement leave for an employee:
308 (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
309 or
310 (b) following the end of another individual's pregnancy by way of a miscarriage or
311 stillbirth, if:
312 (i) the employee is the individual's spouse or partner;
313 (ii) (A) the employee is the individual's former spouse or partner; and
314 (B) the employee would have been a biological parent of a child born as a result of the
315 pregnancy;
316 (iii) the employee provides documentation to show that the individual intended for the
317 employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
318 as a result of the pregnancy; or
319 (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
320 8, Gestational Agreement, the employee would have been a parent of a child born as a result of
321 the pregnancy.
322 Section 5. Section 53B-1-403 is amended to read:
323 53B-1-403. Committees.
324 [
325 [
326 [
327 committees [
328 fulfilling the board's duties.
329 Section 6. Section 53B-1-404 is amended to read:
330 53B-1-404. Membership of the board -- Student appointee -- Terms -- Oath --
331 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation --
332 Training.
333 (1) The board consists of [
334 governor appoints with the advice and consent of the Senate, in accordance with Title 63G,
335 Chapter 24, Part 2, Vacancies, [
336 [
337
338 [
339 (2) (a) For an appointment of a member effective July 1, [
340 shall appoint the member in accordance with Section 53B-1-501.
341 (b) Unless [
342 53B-1-501, the term of each individual who is a member of the State Board of [
343
344 expires on June 30, 2023.
345 [
346
347
348 [
349
350 [
351
352 [
353 [
354 [
355 [
356 [
357
358
359 [
360
361 [
362
363 [
364
365 (b) An individual may not serve simultaneously on the board and an institution board
366 of trustees.
367 (c) The governor shall ensure that one appointment to the board is a student member
368 whom, notwithstanding Subsection (1), the governor appoints without the advice and consent
369 of the Senate.
370 [
371 [
372 staggered terms[
373 (ii) [
374 appoint the student member described in Subsection (3)(c) to a one-year term.
375 (b) (i) A board member [
376 described in Subsection (3)(c) may serve up to two consecutive full terms.
377 [
378
379 [
380 serve more than one full term.
381 [
382 remove a member for cause.
383 [
384
385 [
386 the duties of office.
387 (b) The [
388 with the Division of Archives and Records Services.
389 [
390 [
391 successors [
392 [
393 at the board's discretion.
394 (b) The board's secretary is a full-time employee.
395 (c) The secretary shall record and maintain a record of all board meetings and perform
396 other duties as the board directs.
397 [
398 staff advisory committee.
399 (b) [
400
401 [
402 inconsistent with the constitution or the laws of this state.
403 (b) The board shall provide for an executive committee in the bylaws that:
404 (i) has the full authority of the board to act upon routine matters during the interim
405 between board meetings;
406 (ii) may not act on nonroutine matters except under extraordinary and emergency
407 circumstances; and
408 (iii) shall report to the board at the board's next meeting following an action undertaken
409 by the executive committee.
410 [
411 (b) The board may also meet, in full or executive session, at the request of the chair,
412 the commissioner, or at least five members of the board.
413 [
414
415 (12) The board may not conduct the board's business without the agreement of a
416 majority of the board.
417 [
418 before the expiration of a member's full term [
419
420 (b) An individual [
421 (13)(a) serves for the remainder of the unexpired term.
422 [
423 a daily salary for each calendar day that the member attends a board meeting that is the same as
424 the daily salary for a member of the Legislature described in Section 36-2-3.
425 (ii) A member may receive a salary for up to 10 calendar days per calendar year.
426 (b) A member may receive per diem and travel expenses in accordance with:
427 (i) Section 63A-3-106;
428 (ii) Section 63A-3-107; and
429 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
430 63A-3-107.
431 [
432 (a) initial training when the member joins the board; and
433 (b) ongoing annual training.
434 [
435 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
436 Section 7. Section 53B-1-408 is amended to read:
437 53B-1-408. Appointment of commissioner of higher education -- Qualifications --
438 Associate commissioners -- Duties -- Office.
439 (1) (a) The board, upon approval from the governor and with the advice and consent of
440 the Senate, shall appoint a commissioner of higher education to serve at the board's pleasure as
441 the board's chief executive officer.
442 (b) The following may terminate the commissioner [
443 (i) the board; or
444 (ii) the governor, after consultation with the board.
445 (c) The board shall:
446 (i) set the salary of the commissioner;
447 (ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
448 and
449 (iii) select a commissioner on the basis of outstanding professional qualifications.
450 [
451 [
452 [
453 [
454
455 [
456 (2)(a) is not subject to the approval of the board.
457 (3) The commissioner is responsible to the board to:
458 (a) ensure [
459 the board [
460 (b) furnish information about the Utah system of higher education and make
461 recommendations regarding that information to the board;
462 (c) provide state-level leadership in any activity affecting an institution of higher
463 education; [
464 (d) in consultation with the board's executive committee and in accordance with
465 Subsection 53B-1-402(2), provide the evaluation of and support and guidance to an institution
466 of higher education president, including the provision of an executive coach for the president's
467 first year of service; and
468 [
469 duties and responsibilities.
470 (4) (a) There is created, within the University of Utah, the Office of the Commissioner
471 of the Utah System of Higher Education and the Utah Board of Higher Education.
472 (b) The commissioner, the Office of the Commissioner of the Utah System of Higher
473 Education and the Utah Board of Higher Education, and the board shall share administrative
474 services with the University of Utah, as the board defines.
475 (c) Nothing in this Subsection (4) limits or reduces the independence of the
476 commissioner, the Office of the Commissioner of the Utah System of Higher Education and the
477 Utah Board of Higher Education, or the board in relation to statutory duties, including policy,
478 internal audits, oversight of presidents, and systemwide strategic planning and prioritization.
479 Section 8. Section 53B-1-501 is amended to read:
480 53B-1-501. Establishment of initial board membership in 2023.
481 (1) [
482 individuals to the board, to ensure that beginning July 1, [
483
484 [
485
486 [
487
488 [
489
490 [
491
492 [
493
494 [
495
496 (2) [
497 Subsection [
498 two-year, four-year, or six-year term to ensure that one-third of the members complete the
499 members' terms on June 30 of each [
500 [
501
502
503
504 [
505
506 [
507
508 [
509 (3) Following the appointments described in this section, the governor shall fill a
510 vacancy on the board [
511 (4) Notwithstanding Section 67-1-2, for an appointment described in this section:
512 (a) a majority of the president of the Senate, the Senate majority leader, and the Senate
513 minority leader may waive the 30-day requirement described in Subsection 67-1-2(1); and
514 (b) the Senate is not required to hold a confirmation hearing.
515 Section 9. Section 53B-2-102 is amended to read:
516 53B-2-102. Appointment of institution of higher education presidents.
517 (1) As used in this section:
518 (a) "Institution of higher education" means:
519 (i) a degree-granting institution; or
520 (ii) a technical college.
521 (b) "President" means the president of an institution of higher education.
522 (c) "Search committee" means a committee that selects finalists for a position as an
523 institution of higher education president.
524 (2) The board shall appoint a president for each institution of higher education.
525 (3) An institution of higher education president serves [
526 accordance with the terms of employment that the board establishes as described in Section
527 53B-1-402.
528 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), to appoint an institution of higher
529 education president, the board shall establish a search committee that includes representatives
530 of faculty, staff, students, the institution of higher education board of trustees, alumni, the
531 outgoing institution of higher education president's executive council or cabinet, and the board.
532 (ii) The board may delegate the authority to appoint the search committee described in
533 Subsection (4)(a)(i) to an institution of higher education board of trustees.
534 (iii) The commissioner shall provide staff support to a search committee.
535 (b) (i) Except as provided in Subsection (4)(b)(ii), a search committee shall be
536 cochaired by a member of the board and a member of the institution of higher education board
537 of trustees.
538 (ii) The board may delegate the authority to chair a search committee to the institution
539 of higher education board trustees.
540 (c) A search committee described in Subsection (4)(a) shall forward three to five
541 finalists to the board to consider for a position as an institution of higher education president.
542 (d) A search committee may not forward an individual to the board as a finalist unless
543 two-thirds of the search committee members, as verified by the commissioner, find the
544 individual to be qualified and likely to succeed as an institution of higher education president.
545 (5) (a) The board shall select an institution of higher education president from among
546 the finalists presented by a search committee.
547 (b) If the board is not satisfied with the finalists forwarded by a search committee, the
548 board may direct the search committee to resume the search process until the search committee
549 has forwarded three finalists with whom the board is satisfied.
550 (6) The board, through the commissioner, shall:
551 (a) create a comprehensive, active recruiting plan to ensure a strong, diverse pool of
552 potential candidates for institution of higher education presidents[
553 (b) review, in a closed executive session, the progress of the individual institution in
554 relation to the succession plan described in Section 53B-1-402.
555 (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
556 generated during the search process, including a candidate's application and the search
557 committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
558 (b) Application materials for a publicly named finalist described in Subsection (5)(a)
559 are not protected records under Section 63G-2-305.
560 Section 10. Section 53B-2a-101 is amended to read:
561 53B-2a-101. Definitions.
562 As used in this chapter:
563 (1) "Capital development" means the same as capital development project, as defined
564 in Section 63A-5b-401.
565 (2) "Competency-based" means mastery of subject matter or skill level, as
566 demonstrated through business and industry approved standards and assessments, achieved
567 through participation in a hands-on learning environment, and which is tied to observable,
568 measurable performance objectives.
569 (3) "Dedicated project" means a capital development project for which state funds from
570 the Technical Colleges Capital Projects Fund created in Section 53B-2a-118 are requested or
571 used.
572 (4) "Nondedicated project" means a capital development project for which state funds
573 from a source other than the Technical Colleges Capital Projects Fund created in Section
574 53B-2a-118 are requested or used.
575 [
576 [
577
578
579 [
580
581
582 [
583
584 [
585 Section 11. Section 53B-2a-112 is amended to read:
586 53B-2a-112. Technical colleges -- Relationships with other public and higher
587 education institutions -- Agreements -- Priorities -- New capital facilities.
588 (1) As used in this section, "higher education institution" means:
589 (a) Utah State University for:
590 (i) Bridgerland Technical College;
591 (ii) Tooele Technical College; and
592 (iii) Uintah Basin Technical College;
593 (b) Weber State University for:
594 (i) Ogden-Weber Technical College; and
595 (ii) Davis Technical College;
596 (c) Utah Valley University for Mountainland Technical College;
597 (d) Southern Utah University for Southwest Technical College; and
598 (e) Utah Tech University for Dixie Technical College.
599 (2) A technical college may enter into agreements:
600 (a) with other higher education institutions to cultivate cooperative relationships; or
601 (b) with other public and higher education institutions to enhance career and technical
602 education within the technical college's region.
603 (3) Before a technical college develops new instructional facilities, the technical
604 college shall give priority to:
605 (a) maintaining the technical college's existing instructional facilities for both
606 secondary and adult students;
607 (b) coordinating with the president of the technical college's [
608
609 career and technical education to secondary and adult students that:
610 (i) maintain and support existing higher education career and technical education
611 programs; and
612 (ii) maximize the use of existing higher education facilities; and
613 (c) developing cooperative agreements with school districts, charter schools, other
614 higher education institutions, businesses, industries, and community and private agencies to
615 maximize the availability of career and technical education instructional facilities for both
616 secondary and adult students.
617 (4) (a) Before submitting a funding request pertaining to new capital facilities and land
618 purchases to the board, a technical college shall:
619 (i) ensure that all available instructional facilities are maximized in accordance with
620 Subsections (3)(a) through (c); and
621 (ii) coordinate the request with the president of the technical college's [
622
623 (b) The Division of Facilities Construction and Management shall make a finding that
624 the requirements of this section are met before the Division of Facilities Construction and
625 Management may consider a funding request from the board pertaining to new capital facilities
626 and land purchases for a technical college.
627 (c) A technical college may not construct, approve the construction of, plan for the
628 design or construction of, or consent to the construction of a career and technical education
629 facility without approval of the Legislature.
630 (5) Before acquiring new fiscal and administrative support structures, a technical
631 college shall:
632 (a) review the use of existing public or higher education administrative and accounting
633 systems, financial record systems, and student and financial aid systems for the delivery of
634 [
635 (b) determine the feasibility of using existing systems; and
636 (c) with the approval of the technical college board of trustees and the board, use the
637 existing systems.
638 Section 12. Section 53B-7-705 is amended to read:
639 53B-7-705. Determination of full new performance funding amount -- Role of
640 appropriations subcommittee -- Program review.
641 (1) In accordance with this section, and based on money deposited into the account, the
642 Legislature shall, as part of the higher education appropriations budget process, annually
643 determine the full new performance funding amount for each:
644 (a) degree-granting institution; and
645 (b) technical college.
646 (2) (a) Before January 1, 2024, the Legislature shall annually allocate:
647 (i) 90% of the money in the account to degree-granting institutions; and
648 (ii) 10% of the money in the account to technical colleges.
649 (b) After January 1, 2024, the Legislature shall annually allocate:
650 (i) 85% of the money in the account to degree-granting institutions; and
651 (ii) 15% of the money in the account to technical colleges.
652 (3) (a) The Legislature shall determine a degree-granting institution's full new
653 performance funding amount based on the degree-granting institution's prior year share of:
654 (i) full-time equivalent enrollment in all degree-granting institutions; and
655 (ii) the total state-funded appropriated budget for all degree-granting institutions.
656 (b) In determining a degree-granting institution's full new performance funding
657 amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i)
658 and (ii).
659 (4) (a) The Legislature shall determine a technical college's full new performance
660 funding amount based on the technical college's prior year share of:
661 (i) (A) before January 1, 2024, membership hours for all technical colleges; and
662 (B) after January 1, 2024, full-time equivalent enrollment for all technical colleges; and
663 (ii) the total state-funded appropriated budget for all technical colleges.
664 (b) In determining a technical college's full new performance funding amount, the
665 Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and (ii).
666 (5) Annually, at least 30 days before the first day of the legislative general session the
667 board shall submit a report to the Higher Education Appropriations Subcommittee on each
668 degree-granting institution's and each technical college's performance.
669 (6) (a) In accordance with this Subsection (6), and based on the report described in
670 Subsection (5), the Legislature shall determine for each degree-granting institution and each
671 technical college:
672 (i) the portion of the full new performance funding amount earned; and
673 (ii) the amount of new performance funding to recommend that the Legislature
674 appropriate, from the account, to the degree-granting institution or technical college.
675 (b) (i) This Subsection (6)(b) applies before January 1, 2024.
676 (ii) A degree-granting institution earns the full new performance funding amount if the
677 degree-granting institution has a positive change in performance of at least 1% compared to the
678 degree-granting institution's average performance over the previous five years.
679 (iii) A technical college earns the full new performance funding amount if the technical
680 college has a positive change in the technical college's performance of at least 5% compared to
681 the technical college's average performance over the previous five years.
682 (c) After January 1, 2024, a degree-granting institution or technical college earns the
683 full new performance funding amount if the degree-granting institution or technical college
684 meets the annual performance goals the board sets under Subsection 53B-7-706(1)(a)(ii).
685 (d) Before January 1, 2024, a degree-granting institution or technical college that has a
686 positive change in performance that is less than a change described in Subsection (6)(b) is
687 eligible to receive a prorated amount of the full new performance funding amount.
688 (e) Before January 1, 2024, a degree-granting or technical college that has a negative
689 change, or no change, in performance over a time period described in Subsection (6)(b) is not
690 eligible to receive new performance funding.
691 (f) After January 1, 2024, a degree-granting institution or technical college that does
692 not meet the goals the board sets under Subsection 53B-7-706(1)(a)(ii):
693 (i) is not eligible to receive the full new performance funding amount; and
694 (ii) is eligible to receive a prorated amount of the full new performance funding
695 amount for performance that is greater than zero as measured by the model the board
696 establishes under Subsection 53B-7-706(1)(a)(i)(B).
697 (g) [
698 not earn the full new performance funding amount as described in Subsection (6)(c), the board
699 [
700 [
701 [
702 period for which the board sets goals under Subsection 53B-7-706(1)(a)(ii), [
703 reallocate the funds set aside under Subsection [
704 institution or technical college that meets or exceeds the degree-granting institution's or
705 technical college's [
706 (A) previous year's annual performance goal; and
707 (B) the performance goal that the institution previously failed to meet which caused the
708 funding set aside.
709 [
710
711
712
713 (7) An appropriation described in this section is ongoing.
714 (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
715 may, by majority vote, appropriate or refrain from appropriating money for performance
716 funding as circumstances require in a particular year.
717 Section 13. Section 53B-7-706 is amended to read:
718 53B-7-706. Performance metrics for institutions -- Determination of
719 performance.
720 (1) (a) (i) (A) The board shall establish a model for determining a degree-granting
721 institution's performance.
722 (B) Beginning in March 2021, the board shall establish a model for determining a
723 degree-granting institution's or technical college's performance.
724 (ii) Beginning in May 2021, the board shall:
725 (A) set a five-year goal for the Utah System of Higher Education for each metric
726 described in Subsection (2)(a)(ii);
727 (B) adopt five-year goals for each degree-granting institution and technical college that
728 align with each goal described in Subsection (1)(a)(ii)(A); and
729 (C) ensure the goals the board adopts for each degree-granting institution and technical
730 college described in Subsection (1)(a)(ii)(B) are sufficiently rigorous to meet the goals
731 described in Subsection (1)(a)(ii)(A); and
732 (b) (i) The board shall submit a draft of the model described in this section to the
733 Higher Education Appropriations Subcommittee and the governor for comments and
734 recommendations.
735 (ii) Beginning in 2021, and every five years thereafter, the board shall:
736 (A) submit the model described in Subsection (1)(a)(i) and the goals described in
737 Subsection (1)(a)(ii) to the Higher Education Appropriations Subcommittee and to the
738 governor for comments and recommendations; and
739 (B) consider the comments and recommendations described in Subsection
740 (1)(b)(ii)(A), and make any necessary changes to the model described in Subsection (1)(a)(i)
741 and the goals described in Subsection (1)(a)(ii).
742 (c) Beginning in 2021, and every five years thereafter, the Executive Appropriations
743 Committee, the Higher Education Appropriations Subcommittee, and the Education Interim
744 Committee shall prepare and jointly meet to consider legislation for introduction at the
745 following general legislative session to adopt the goals described in Subsection (1)(a)(ii).
746 (2) (a) (i) The model described in Subsection (1)(a)(i)(A) shall include metrics,
747 including:
748 (A) completion, measured by degrees and certificates awarded;
749 (B) completion by underserved students, measured by degrees and certificates awarded
750 to underserved students;
751 (C) responsiveness to workforce needs, measured by degrees and certificates awarded
752 in high market demand fields;
753 (D) institutional efficiency, measured by degrees and certificates awarded per full-time
754 equivalent student; and
755 (E) for a research university, research, measured by total research expenditures.
756 (ii) Beginning in 2021, the board shall set the goals and establish the performance
757 model described in Subsection (1)(a)(i)(B) for the following metrics:
758 (A) access;
759 (B) timely completion; and
760 (C) high-yield awards.
761 (b) (i) Subject to Subsection (2)(b)(ii), the board shall determine the relative weights of
762 the metrics described in Subsection (2)(a)(i).
763 (ii) The board shall assign the responsiveness to workforce needs metric described in
764 Subsection (2)(a)(i)(C) a weight of at least 25% when determining a degree-granting
765 institution's performance.
766 (c) Beginning in 2021, the board shall determine and establish in board policy, the
767 definitions, measures, and relative weights of the metrics described in Subsection (2)(a)(ii)
768 based on each degree-granting institution's and each technical college's mission.
769 (3) (a) For each degree-granting institution, the board shall annually determine the
770 degree-granting institution's:
771 (i) performance; and
772 (ii) change in performance compared to the degree-granting institution's average
773 performance over the previous five years.
774 (b) [
775 the board shall annually:
776 (i) adopt annual performance goals for each metric described in Subsection (2)(a)(ii)
777 that will advance the degree-granting institution or technical college toward achievement of the
778 five-year goals described in Subsection (1)(a)(ii);
779 (ii) evaluate performance in meeting the goals described in Subsection (3)(b)(i); and
780 (iii) include a degree-granting institution's or technical college's performance under this
781 section in the evaluation described in Subsection [
782 (4) (a) The board shall use the model described in Subsection (1)(a)(i)(A) to make the
783 report described in Section 53B-7-705 for determining a degree-granting institution's
784 performance funding for a fiscal year beginning on or after July 1, 2018, but before July 1,
785 2024.
786 (b) For a fiscal year beginning on or after July 1, 2024, the board shall use the model
787 described in Subsection (1)(a)(i)(B) to make the report described in Section 53B-7-705 for
788 determining a degree-granting institution's or technical college's performance funding.
789 (5) At the end of each five-year period for which the board sets goals under Subsection
790 (1)(a)(ii):
791 (a) the board shall:
792 (i) review the Utah System of Higher Education's performance in meeting the goals the
793 board sets under Subsection (1)(a)(ii)(A);
794 (ii) review each degree-granting institution's and each technical college's performance
795 in meeting the goals the board sets under Subsection (1)(a)(ii)(B); and
796 (iii) allocate any funds not allocated under Subsection 53B-7-705(6)(g) to each
797 degree-granting institution and each technical college that meets or exceeds the goals the board
798 sets under Subsection (1)(a)(ii)(B); and
799 (b) the Legislature may appropriate additional funds for the board to allocate to each
800 degree-granting institution and each technical college that meets or exceeds goals as described
801 in Subsection (5)(a)(iii).
802 (6) In year two or three of each five-year period for which the board sets goals under
803 Subsection (1)(a)(ii), the following committees and the governor shall hold a joint open
804 meeting to review the goals the board sets under Subsection (1)(a)(ii):
805 (a) the Executive Appropriations Committee;
806 (b) the Higher Education Appropriations Subcommittee; and
807 (c) the Education Interim Committee.
808 Section 14. Section 53B-13a-102 is amended to read:
809 53B-13a-102. Definitions.
810 As used in this chapter:
811 (1) (a) "Cost of attendance" means the estimated costs associated with attending an
812 institution, as established by the institution in accordance with board policies.
813 (b) "Cost of attendance" includes costs payable to the institution, other direct
814 educational expenses, transportation, and living expenses while attending the institution.
815 (2) (a) "Eligible student" means a financially needy student who is:
816 (i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at
817 least a half-time basis, as defined by the board, in an eligible postsecondary program leading to
818 a defined education or training objective, as defined by the board;
819 (ii) making satisfactory academic progress, as defined by the institution in published
820 policies or rules, toward an education or training objective; and
821 (iii) (A) a resident student under Section 53B-8-102 and rules of the board; or
822 (B) exempt from paying the nonresident portion of total tuition under Section
823 53B-8-106.
824 (b) "Eligible student" does not include a graduate student.
825 (3) "Financially needy student" means a student who demonstrates the financial
826 inability to meet all or a portion of the cost of attendance at an institution for any period of
827 attendance as defined by the board, after considering the student's expected family contribution.
828 (4) "Fiscal year" means the fiscal year of the state.
829 (5) "Partner award" means a financial award described in Section 53B-13a-106.
830 (6) "Program" means the Utah Promise Program.
831 (7) "Promise partner" means an employer that participates in the program described in
832 Section 53B-13a-106.
833 (8) "Utah postsecondary institution" or "institution" means:
834 (a) an institution of higher education listed in Section 53B-1-102; or
835 (b) a Utah private, nonprofit postsecondary institution that is accredited by [
836 an accrediting organization [
837 Education recognizes.
838 Section 15. Section 53B-13b-102 is amended to read:
839 53B-13b-102. Definitions.
840 As used in this chapter:
841 (1) "Federal program" means a veterans educational assistance program established in:
842 (a) United States Code, Title 10, Chapter 1606, Educational Assistance for Members of
843 the Selected Reserve;
844 (b) United States Code, Title 38, Chapter 30, All-Volunteer Force Educational
845 Assistance Program;
846 (c) United States Code, Title 38, Chapter 31, Training and Rehabilitation for Veterans
847 with Service-Connected Disabilities;
848 (d) United States Code, Title 38, Chapter 32, Post-Vietnam Era Veterans' Educational
849 Assistance; or
850 (e) United States Code, Title 38, Chapter 33, Post-9/11 Educational Assistance.
851 (2) "Institution of higher education" or "institution" means:
852 (a) an institution of higher education listed in Subsection 53B-2-101(1); or
853 (b) a private, nonprofit, postsecondary institution located in Utah that is accredited by
854 [
855 of Education recognizes.
856 (3) "Program" means the Veterans Tuition Gap Program created in this chapter.
857 (4) (a) "Qualifying military veteran" means a veteran, as defined in Section 68-3-12.5,
858 who:
859 (i) is a resident student under Section 53B-8-102 and rules of the board;
860 (ii) is accepted into an institution and enrolled in a program leading to a bachelor's
861 degree;
862 (iii) (A) has exhausted the federal benefit under a federal program; or
863 (B) demonstrates that the veteran no longer qualifies to receive federal benefits under
864 any federal program; and
865 (iv) has not completed a bachelor's degree.
866 (b) "Qualifying military veteran" does not include a family member.
867 Section 16. Section 53B-13c-101 is amended to read:
868 53B-13c-101. Definitions.
869 As used in this chapter:
870 (1) (a) "Cost of attendance" means the estimated costs associated with taking an online
871 course, as established by an eligible institution in accordance with board policies.
872 (b) "Cost of attendance" includes tuition, costs payable to the eligible institution, and
873 other direct educational expenses related to taking an online course.
874 (2) "Eligible institution" means an institution that offers a postsecondary level course
875 of instruction using digital technology.
876 (3) "Eligible student" means a financially needy student who is:
877 (a) at least 26 years old;
878 (b) enrolled in an online course at an eligible institution;
879 (c) pursuing:
880 (i) an online postsecondary degree program in a field where there is a demonstrated
881 industry need; or
882 (ii) an online non-degree program that is designed to meet industry needs and leads to a
883 certificate or another recognized educational credential; and
884 (d) a resident student under Section 53B-8-102 and rules the board establishes.
885 (4) "Financially needy student" means a student who demonstrates the financial
886 inability to meet all or a portion of the cost of attendance at an eligible institution as defined by
887 the board, after utilizing family and personal resources, federal assistance, and scholarships.
888 (5) "Fiscal year" means the fiscal year of the state.
889 (6) "Institution" means:
890 (a) an institution described in Section 53B-1-102; or
891 (b) a Utah private, nonprofit postsecondary institution that is accredited by [
892 an accrediting organization that the [
893 (7) "Online course" means a postsecondary level course of instruction offered by an
894 eligible institution using digital technology.
895 (8) "Program" means the Adult Learners Grant Program established in Section
896 53B-13c-102.
897 (9) "Tuition" means tuition and fees at the rate charged for residents of the state.
898 Section 17. Section 53B-16-101 is amended to read:
899 53B-16-101. Establishment of institutional roles and general courses of study.
900 (1) Except as institutional roles are specifically assigned by the Legislature, the board:
901 (a) shall establish and define the roles of the various institutions of higher education;
902 and
903 (b) shall, within each institution of higher education's primary role, prescribe the
904 general course of study to be offered at the institution of higher education, including for:
905 (i) research universities, which provide undergraduate, graduate, and research programs
906 and include:
907 (A) the University of Utah; and
908 (B) Utah State University;
909 (ii) regional universities, which provide career and technical education, undergraduate
910 associate and baccalaureate programs, and select master's degree programs to fill regional
911 demands and include:
912 (A) Weber State University;
913 (B) Southern Utah University;
914 (C) Utah Tech University; and
915 (D) Utah Valley University;
916 (iii) comprehensive community colleges, which provide associate programs and
917 include:
918 (A) Salt Lake Community College; and
919 (B) Snow College; and
920 (iv) technical colleges and degree-granting institutions that provide technical
921 education, and include:
922 (A) each technical college; and
923 (B) the degree-granting institutions described in Section 53B-2a-201.
924 (2) (a) Except for the University of Utah, and subject to Subsection (2)(b), each
925 institution of higher education described in Subsections (1)(b)(i) through (iii) has career and
926 technical education included in the institution of higher education's primary role.
927 (b) The board shall determine the extent to which an institution described in
928 Subsection (2)(a) provides career and technical education within the institution's primary role.
929 (3) The board shall further clarify each institution of higher education's primary role by
930 clarifying:
931 (a) the level of program that the institution of higher education generally offers, in
932 accordance with Subsection 53B-16-102(3);
933 (b) broad fields that are within the institution of higher education's mission; and
934 (c) any special characteristics of the institution of higher education, such as being a
935 land grant university.
936 Section 18. Section 53B-16-102 is amended to read:
937 53B-16-102. Changes in curriculum -- Substantial alterations in institutional
938 operations -- Program approval -- Periodic review of programs -- Career and technical
939 education curriculum changes.
940 (1) As used in this section:
941 (a) "Institution of higher education" means an institution described in Section
942 53B-1-102.
943 (b) "Program of instruction" means a program of curriculum that leads to the
944 completion of a degree, diploma, certificate, or other credential.
945 (2) Under procedures and policies approved by the board and developed in consultation
946 with each institution of higher education, each institution of higher education may make such
947 changes in the institution of higher education's curriculum as necessary to better effectuate the
948 institution of higher education's primary role.
949 (3) The board shall establish criteria for whether an institution of higher education may
950 approve a new program of instruction, including criteria related to whether:
951 (a) the program of instruction meets identified workforce needs;
952 (b) the institution of higher education is maximizing collaboration with other
953 institutions of higher education to provide for efficiency in offering the program of instruction;
954 (c) the new program of instruction is within the institution of higher education's
955 mission and role; and
956 (d) the new program of instruction meets other criteria determined by the board.
957 (4) (a) Except as provided in Subsection (4)(b), without the approval of the board, an
958 institution of higher education may not:
959 (i) establish a branch, extension center, college, or professional school; or
960 (ii) establish a new program of instruction.
961 (b) An institution of higher education may, with the approval of the institution of
962 higher education's board of trustees, establish a new program of instruction that meets the
963 criteria described in Subsection (3), subject to board review for pathway articulation.
964 (5) (a) An institution of higher education shall notify the board of a proposed new
965 program of instruction, including how the proposed new program of instruction meets the
966 criteria described in Subsection (3).
967 (b) The board shall establish procedures and guidelines for institutional boards of
968 trustees to consider an institutional proposal for a new program of instruction described in
969 Subsection (4)(b).
970 (6) (a) The board shall conduct a periodic review of all new programs of instruction,
971 including those funded by gifts, grants, and contracts, no later than two years after the first
972 cohort to begin the program of instruction completes the program of instruction.
973 (b) The board may conduct a periodic review of any program of instruction at an
974 institution of higher education, including a program of instruction funded by a gift, grant, or
975 contract.
976 (c) The board shall conduct:
977 (i) at least once every seven years, at least one review described in Subsection (6)(b) of
978 each program of instruction at each institution; and
979 (ii) annually, a qualitative and quantitative review of academic disciplines across the
980 system, including enrollment, graduation rates, and workforce placement, ensuring that the
981 board conducts a review of all disciplines within the system at least once every seven years.
982 [
983 relevant institution of higher education an opportunity to respond to the board's review of a
984 given program of instruction, the board may [
985
986 [
987
988 [
989 changes, the board shall coordinate on behalf of the boards of trustees of higher education
990 institutions a review of the proposed changes by the State Board of Education to ensure an
991 orderly and systematic career and technical education curriculum that eliminates overlap and
992 duplication of course work with high schools and technical colleges.
993 Section 19. Section 53B-16-105 is amended to read:
994 53B-16-105. Common course numbering -- Transferability of credits --
995 Agreement with competency-based general education provider -- Policies.
996 (1) As used in this section:
997 (a) (i) "Accredited institution" means an institution that:
998 (A) offers a competency-based postsecondary general education course online or in
999 person; and
1000 (B) is accredited by an organization that the United States Department of Education
1001 recognizes.
1002 [
1003 provider that allows a student to transfer credit awarded by the provider for a general education
1004 course to any institution of higher education.
1005 [
1006 levels of learning when the student demonstrates competency of concepts and skills regardless
1007 of time, place, or pace.
1008 [
1009 institution that:
1010 (i) offers a postsecondary competency-based general education course online or in
1011 person;
1012 (ii) awards academic credit; and
1013 (iii) does not award degrees, including associates degrees or baccalaureate degrees.
1014 [
1015 53B-16-110.
1016 [
1017 53B-1-102.
1018 [
1019 [
1020
1021 [
1022
1023 (2) The board shall:
1024 (a) facilitate articulation and the seamless transfer of courses, programs, and credit for
1025 prior learning within the Utah [
1026 (b) provide for the efficient and effective progression and transfer of students within
1027 the Utah [
1028 (c) avoid the unnecessary duplication of courses;
1029 (d) communicate ways in which a student may earn credit for prior learning; and
1030 (e) allow a student to proceed toward the student's educational objectives as rapidly as
1031 the student's circumstances permit.
1032 (3) The board shall develop, coordinate, and maintain a transfer and articulation system
1033 that:
1034 (a) maintains a course numbering system that assigns common numbers to specified
1035 courses of similar level with similar curricular content, rigor, and standards;
1036 (b) allows a student to track courses that transfer among institutions of higher
1037 education [
1038
1039 (c) allows a student to transfer courses from a provider with which the board has an
1040 articulation agreement to any institution of higher education;
1041 (d) allows a student to transfer competency-based general education courses from [
1042
1043 (e) improves program planning;
1044 (f) increases communication and coordination between institutions of higher education;
1045 (g) facilitates student acceleration and the transfer of students and credits between
1046 institutions of higher education; and
1047 (h) if the system includes a software or data tool:
1048 (i) provides predictive analysis that models probabilities of student success; and
1049 (ii) develops tailored strategies to best support students.
1050 (4) (a) The board shall identify general education courses in the humanities, social
1051 sciences, arts, physical sciences, and life sciences with uniform prefixes and common course
1052 numbers.
1053 (b) A degree-granting institution shall annually identify institution courses that satisfy
1054 requirements of courses described in Subsection (4)(a).
1055 (c) A degree-granting institution shall accept a course described in Subsection (3)(c),
1056 (3)(d), or (4)(a) toward filling specific area requirements for general education or lower
1057 division courses that transfer to baccalaureate majors.
1058 (5) (a) The board shall:
1059 (i) identify technical education programs with common names, descriptions, lengths,
1060 and objectives; and
1061 (ii) within technical education programs, common course names, descriptions, length,
1062 and objectives allowing for customization of electives to meet regional industry demand.
1063 (b) The commissioner shall appoint committees of faculty members from technical
1064 education committees to recommend aligned programs and courses that will satisfy graduation
1065 requirements.
1066 [
1067 substitutions for degree programs across degree-granting institutions.
1068 (b) The commissioner shall appoint committees of faculty members from the
1069 degree-granting institutions to recommend appropriate courses of similar content and
1070 numbering that will satisfy requirements for lower division courses that transfer to
1071 baccalaureate majors.
1072 (c) A degree-granting institution shall annually identify institution courses that satisfy
1073 requirements of courses described in Subsection [
1074 (d) A degree-granting institution shall accept a course described in Subsection (3)(c),
1075 (3)(d), or [
1076 [
1077 agreements.
1078 (ii) A proposal described in Subsection [
1079 education courses that the provider intends to include in an articulation agreement.
1080 (b) The board shall:
1081 (i) evaluate each general education course included in a proposal described in
1082 Subsection [
1083 same subject matter as the equivalent course offered by any institution of higher education; and
1084 (ii) if the board determines that a course included in a provider's proposal is equally
1085 rigorous and includes the same subject matter as the equivalent course offered by any
1086 institution of higher education, enter into an articulation agreement with the provider.
1087 [
1088 described in this section.
1089 [
1090 education are complying with the provisions of this section and the policies established in
1091 accordance with Subsection [
1092 Section 20. Section 53B-20-101 is amended to read:
1093 53B-20-101. Property of institutions to vest in state board.
1094 The State Board of [
1095 the powers and authority relating to all properties, real and personal, tangible and intangible,
1096 and to the control and management of the property which was held by the governing board of
1097 each institution prior to the creation of the board.
1098 Section 21. Section 67-1-12 is amended to read:
1099 67-1-12. Displaced defense workers.
1100 (1) The governor, through the Department of Workforce Services, may use funds
1101 specifically appropriated by the Legislature to benefit, in a manner prescribed by Subsection
1102 (2):
1103 (a) Department of Defense employees within the state who lose their employment
1104 because of reductions in defense spending by the federal government;
1105 (b) persons dismissed by a defense-related industry employer because of reductions in
1106 federal government defense contracts received by the employer; and
1107 (c) defense-related businesses in the state that have been severely and adversely
1108 impacted because of reductions in defense spending.
1109 (2) Funds appropriated under this section before fiscal year 1999-2000 but not
1110 expended shall remain with the agency that possesses the funds and shall be used in a manner
1111 consistent with this section. Any amount appropriated under this section in fiscal year
1112 1999-2000 or thereafter may be used to:
1113 (a) provide matching or enhancement funds for grants, loans, or other assistance
1114 received by the state from the United States Department of Labor, Department of Defense, or
1115 other federal agency to assist in retraining, community assistance, or technology transfer
1116 activities;
1117 (b) fund or match available private or public funds from the state or local level to be
1118 used for retraining, community assistance, technology transfer, or educational projects
1119 coordinated by state or federal agencies;
1120 (c) provide for retraining, upgraded services, and programs at technical colleges, public
1121 schools, higher education institutions, or any other appropriate public or private entity that are
1122 designed to teach specific job skills requested by a private employer in the state or required for
1123 occupations that are in demand in the state;
1124 (d) aid public or private entities that provide assistance in locating new employment;
1125 (e) inform the public of assistance programs available for persons who have lost their
1126 employment;
1127 (f) increase funding for assistance and retraining programs;
1128 (g) provide assistance for small start-up companies owned or operated by persons who
1129 have lost their employment;
1130 (h) enhance the implementation of dual-use technologies programs, community
1131 adjustment assistance programs, or other relevant programs under Pub. L. No. 102-484; and
1132 (i) coordinate local and national resources to protect and enhance current Utah defense
1133 installations and related operations and to facilitate conversion or enhancement efforts by:
1134 (i) creating and operating state information clearinghouse operations that monitor
1135 relevant activities on the federal, state, and local level;
1136 (ii) identifying, seeking, and matching funds from federal and other public agencies
1137 and private donors;
1138 (iii) identifying and coordinating needs in different geographic areas;
1139 (iv) coordinating training and retraining centers;
1140 (v) coordinating technology transfer efforts between public entities, private entities,
1141 and institutions of higher education;
1142 (vi) facilitating the development of local and national awareness and support for Utah
1143 defense installations;
1144 (vii) studying the creation of strategic alliances, tax incentives, and relocation and
1145 consolidation assistance; and
1146 (viii) exploring feasible alternative uses for the physical and human resources at
1147 defense installations and in related industries should reductions in mission occur.
1148 (3) The governor, through the Department of Workforce Services, may coordinate and
1149 administer the expenditure of money under this section and collaborate with [
1150
1151 public or private entities to provide retraining and other services described in Subsection (2).
1152 Section 22. Repealer.
1153 This bill repeals:
1154 Section 53B-1-406, Nominating committee.
1155 Section 53B-1-502, Transition of Utah System of Technical Colleges to Utah Board
1156 of Higher Education -- Recommendations.
1157 Section 53B-6-106, Jobs Now and economic development initiatives.
1158 Section 23. Revisor instructions.
1159 The Legislature intends that the Office of Legislative Research and General Counsel, in
1160 preparing the Utah Code database for publication, replace the reference in Section 53B-1-404
1161 from "the effective date of this bill" to the bill's actual effective date.