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7 LONG TITLE
8 General Description:
9 This bill requires the Utah Board of Higher Education to establish admission pathways
10 for accepting students who earn a degree from a non-accredited college or university
11 into a graduate program.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the Utah Board of Higher Education to establish admission pathways for
15 accepting students who earn a degree from a non-accredited college or university
16 into a graduate program.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53B-1-402, as last amended by Laws of Utah 2023, Chapter 254
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53B-1-402 is amended to read:
27 53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
28 (1) (a) There is established the Utah Board of Higher Education, which:
29 (i) is the governing board for the institutions of higher education; and
30 (ii) controls, oversees, and regulates the Utah system of higher education in a manner
31 consistent with the purpose of this title and the specific powers and responsibilities granted to
32 the board[
33 (b) (i) The University of Utah shall provide administrative support for the board.
34 (ii) Notwithstanding Subsection (1)(b)(i), the board shall maintain the board's
35 independence, including in relation to the powers and responsibilities granted to the board.
36 (2) The board shall:
37 (a) establish and promote a state-level vision and goals for higher education that
38 emphasize data-driven retrospective and prospective system priorities, including:
39 (i) quality;
40 (ii) affordability;
41 (iii) access and equity;
42 (iv) completion;
43 (v) workforce alignment and preparation for high-quality jobs; and
44 (vi) economic growth;
45 (b) establish system policies and practices that advance the vision and goals;
46 (c) establish metrics to demonstrate and monitor:
47 (i) performance related to the goals; and
48 (ii) performance on measures of operational efficiency;
49 (d) collect and analyze data including economic data, demographic data, and data
50 related to the metrics;
51 (e) govern data quality and collection across institutions;
52 (f) establish, approve, and oversee each institution's mission and role in accordance
53 with Section 53B-16-101;
54 (g) assess an institution's performance in accomplishing the institution's mission and
55 role;
56 (h) participate in the establishment and review of programs of instruction in accordance
57 with Section 53B-16-102;
58 (i) perform the following duties related to an institution of higher education president,
59 including:
60 (i) appointing an institution of higher education president in accordance with Section
61 53B-2-102;
62 (ii) through the commissioner and the board's executive committee:
63 (A) providing support and guidance to an institution of higher education president; and
64 (B) evaluating an institution of higher education president based on institution
65 performance and progress toward systemwide priorities;
66 (iii) setting the terms of employment for an institution of higher education president,
67 including performance-based compensation, through an employment contract or another
68 method of establishing employment; and
69 (iv) establishing, through a public process, a statewide succession plan to develop
70 potential institution presidents from within the system;
71 (j) create and implement a strategic finance plan for higher education, including by:
72 (i) establishing comprehensive budget and finance priorities for academic education
73 and technical education;
74 (ii) allocating statewide resources to institutions;
75 (iii) setting tuition for each institution;
76 (iv) administering state financial aid programs;
77 (v) administering performance funding in accordance with Chapter 7, Part 7,
78 Performance Funding; and
79 (vi) developing a strategic capital facility plan and prioritization process in accordance
80 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
81 (k) create and annually report to the Higher Education Appropriations Subcommittee
82 on a seamless articulated education system for Utah students that responds to changing
83 demographics and workforce, including by:
84 (i) providing for statewide prior learning assessment, in accordance with Section
85 53B-16-110;
86 (ii) establishing and maintaining clear pathways for articulation and transfer, in
87 accordance with Section 53B-16-105;
88 (iii) establishing degree program requirement guidelines, including credit hour limits;
89 (iv) establishing and maintaining pathways for students who earn undergraduate
90 degrees from a non-accredited institution into an institution of higher education graduate
91 program;
92 [
93 [
94 institutions in delivering programs;
95 [
96 [
97 [
98 (2)(a) and (c);
99 (l) coordinate with the public education system:
100 (i) regarding public education programs that provide postsecondary credit or
101 certificates; and
102 (ii) to ensure that an institution of higher education providing technical education
103 serves secondary students in the public education system;
104 (m) delegate to an institution board of trustees certain duties related to institution
105 governance including:
106 (i) guidance and support for the institution president;
107 (ii) effective administration;
108 (iii) the institution's responsibility for contributing to progress toward achieving
109 systemwide goals; and
110 (iv) other responsibilities determined by the board;
111 (n) delegate to an institution of higher education president management of the
112 institution of higher education;
113 (o) consult with an institution of higher education board of trustees or institution of
114 higher education president before acting on matters pertaining to the institution of higher
115 education;
116 (p) maximize efficiency throughout the Utah system of higher education by identifying
117 and establishing shared administrative services, beginning with:
118 (i) commercialization;
119 (ii) services for compliance with Title IX of the Education Amendments of 1972, 20
120 U.S.C. Sec. 1681 et seq.;
121 (iii) information technology services; and
122 (iv) human resources, payroll, and benefits administration;
123 (q) develop strategies for providing higher education, including career and technical
124 education, in rural areas;
125 (r) manage and facilitate a process for initiating, prioritizing, and implementing
126 education reform initiatives, beginning with common applications and direct admissions;
127 (s) provide ongoing quality review of programs; and
128 (t) before each annual legislative general session, provide to the Higher Education
129 Appropriations Subcommittee a prioritization of all projects and proposals for which the board
130 or an institution of higher education seeks an appropriation.
131 (3) The board shall submit an annual report of the board's activities and performance
132 against the board's goals and metrics to:
133 (a) the Education Interim Committee;
134 (b) the Higher Education Appropriations Subcommittee;
135 (c) the governor; and
136 (d) each institution of higher education.
137 (4) The board shall prepare and submit an annual report detailing the board's progress
138 and recommendations on workforce related issues, including career and technical education, to
139 the governor and to the Legislature's Education Interim Committee by October 31 of each year,
140 including information detailing:
141 (a) how institutions of higher education are meeting the career and technical education
142 needs of secondary students;
143 (b) how the system emphasized high demand, high wage, and high skill jobs in
144 business and industry;
145 (c) performance outcomes, including:
146 (i) entered employment;
147 (ii) job retention; and
148 (iii) earnings;
149 (d) an analysis of workforce needs and efforts to meet workforce needs; and
150 (e) student tuition and fees.
151 (5) The board may modify the name of an institution of higher education to reflect the
152 role and general course of study of the institution.
153 (6) The board may not take action relating to merging a technical college with another
154 institution of higher education without legislative approval.
155 (7) This section does not affect the power and authority vested in the State Board of
156 Education to apply for, accept, and manage federal appropriations for the establishment and
157 maintenance of career and technical education.
158 (8) The board shall ensure that any training or certification that an employee of the
159 higher education system is required to complete under this title or by board rule complies with
160 Title 63G, Chapter 22, State Training and Certification Requirements.
161 (9) The board shall adopt a policy requiring institutions to provide at least three work
162 days of paid bereavement leave for an employee:
163 (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
164 or
165 (b) following the end of another individual's pregnancy by way of a miscarriage or
166 stillbirth, if:
167 (i) the employee is the individual's spouse or partner;
168 (ii) (A) the employee is the individual's former spouse or partner; and
169 (B) the employee would have been a biological parent of a child born as a result of the
170 pregnancy;
171 (iii) the employee provides documentation to show that the individual intended for the
172 employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
173 as a result of the pregnancy; or
174 (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
175 8, Gestational Agreement, the employee would have been a parent of a child born as a result of
176 the pregnancy.
177 Section 2. Effective date.
178 This bill takes effect on May 1, 2024.