Utah Code § 53E-3-401 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-401
§ 53E-3-401. Powers of the state board -- Adoption of rules -- Enforcement -- Attorney.
Status: in_force

(1) As used in this section: (a) "Education entity" means: (i) an entity that receives a distribution of state funds through a grant program managed by the state board under this public education code; (ii) an entity that enters into a contract with the state board to provide an educational good or service; (iii) a school district; (iv) a charter school; or (v) a regional education service agency, as that term is defined in Section 53G-4-410. (b) "Educational good or service" means a good or service that is required or regulated under: (i) this public education code; or (ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and authorized under this public education code. (2) The state board has general control and supervision of the state's public education system. (3) The state board may not govern, manage, or operate school districts, institutions, and programs, unless granted that authority by statute. (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including the requirement relating to consideration of impacts on family health, stability, and formation, the state board may make rules to execute the state board's duties and responsibilities under the Utah Constitution and state law: (i) as required by statute; or (ii) absent express statutory rulemaking direction, as necessary to implement: (A) the requirements of a statute; or (B) programs that the Legislature may designate, including agency action described in Subsection 63G-3-201(2). (b) The state board may delegate the state board's statutory duties and responsibilities to state board employees. (5) (a) The state board may sell any interest it holds in real property upon a finding by the state board that the property interest is surplus. (b) The state board may use the money it receives from a sale under Subsection (5)(a) for capital improvements, equipment, or materials, but not for personnel or ongoing costs. (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency or institution administered by the state board, the money may only be used for purposes related to the agency or institution. (d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and related matters during the next following session of the Legislature. (6) The state board shall develop policies and procedures related to federal educational programs in accordance with Part 8, Implementing Federal or National Education Programs. (7) On or before December 31, 2010, the state board shall review mandates or requirements provided for in state board rule to determine whether certain mandates or requirements could be waived to remove funding pressures on public schools on a temporary basis. (8) (a) The state board shall provide procedures for addressing and resolving compliance and monitoring issues related to this public education code, federal law, or rules, including: (i) creating methods to review and investigate alleged compliance issues; (ii) creating clear procedures for corrective action plans; (iii) allowing for an appeals process; and (iv) addressing contractual and non-contractual issues. (b) If an education entity violates this public education code or rules authorized under this public education code, the state board may, in accordance with the rules described in Subsection (8)(d): (i) require the education entity to enter into a corrective action agreement with the state board; (ii) temporarily or permanently withhold state funds from the education entity; (iii) require the education entity to pay a penalty; (iv) require the education entity to reimburse specified state funds to the state board; (v) require additional reporting or monitoring; (vi) refer the complaint, evidence, and findings to the attorney general's office or the relevant district attorney's office; (vii) require the education entity to hire a third-party provider to provide services the state board determines necessary; (viii) require reimbursement from the education entity instead of future allocations from the state board; (ix) require a follow-up investigation; (x) refer the violation and corresponding evidence to the state auditor or the legislative auditor general, if the violation relates to finances; (xi) request additional evidence of compliance; or (xii) take other action the state board deems appropriate. (c) Except for temporarily withheld funds, if the state board collects state funds under Subsection (8)(b), the state board shall pay the funds into the Uniform School Fund. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules: (i) that require notice and an opportunity to be heard for an education entity affected by a state board action described in Subsection (8)(b); and (ii) to administer this Subsection (8). (e) (i) An individual may bring a violation of statute or state board rule to the attention of the state board in accordance with a process described in rule made by the state board. (ii) If the state board identifies a violation of statute or state board rule as a result of the process described in Subsection (8)(e)(i), the state board may take action in accordance with this section. (9) The state board may audit the use of state funds by an education entity that receives those state funds as a distribution from the state board. (10) The state board may require, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for an educational good or service, the LEA shall require in the contract that the third party contractor shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with: (a) this public education code; and (b) state board rule authorized under this public education code. (11) (a) The state board may appoint an attorney to provide legal advice to the state board and coordinate legal affairs for the state board and the state board's employees. (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the Attorney General. (c) An attorney described in Subsection (11)(a) may not: (i) conduct litigation; (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201; or (iii) issue formal legal opinions. (12) The state board shall ensure that any training or certification that an employee of the public education system is required to complete under this title or by rule complies with Title 63G, Chapter 22, State Training and Certification Requirements.