reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 3 - School and Institutional Trust Fund Board of Trustees › Section 303 - Board authority and duties.

Effective 5/8/2018
53D-1-303.
Board authority and duties.
(1) The board has broad policymaking authority over the office and the trust fund.
(2)
(a) The board shall establish policies for the management of:
(i) the office, including:
(A) an investment management code of conduct and associated compliance policy;
(B) a policy for the strategic allocation of trust fund assets;
(C) a soft dollar policy; and
(D) a policy articulating the board's investment philosophy for trust fund assets; and
(ii) the trust fund.
(b) Policies that the board adopts shall:
(i) be consistent with the enabling act, the Utah Constitution, and other applicable state law;
(ii) reflect undivided loyalty to the beneficiaries consistent with fiduciary duties;
(iii) be designed to prudently optimize trust fund returns and increase the value of the trust fund, consistent with the balancing of short-term and long-term interests, so that the fiduciary duty of intergenerational equity is met;
(iv) be designed to maintain the integrity of the trust fund and prevent the misapplication of money in the trust fund;
(v) enable the board to oversee the activities of the office; and
(vi) otherwise be in accordance with standard trust principles as provided by state law.
(3) The board shall:
(a) establish a conflict of interest policy for the office and board members;
(b) establish policies governing the evaluation, selection, and monitoring of independent custodial arrangements;
(c) ensure that the office is managed according to law;
(d) establish bylaws to govern the board;
(e) establish the compensation of the director;
(f) annually examine the compensation and performance of the director as part of the board's budget review process;
(g) annually report the director's compensation to the Legislature; and
(h)
(i) adopt policies to provide for annual training of board members regarding their duties and responsibilities; and
(ii) ensure that any training described in Subsection (3)(h)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(4) The board may:
(a) after conferring with the director:
(i) hire one or more consultants to advise the board, director, or office on issues affecting the management of the trust fund; and
(ii) pay compensation to any consultant hired under Subsection (4)(a)(i), subject to budgetary constraints; and
(b) submit to the director a written question or set of questions concerning policies and practices affecting the management of the trust fund.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 3 - School and Institutional Trust Fund Board of Trustees › Section 304 - Board meetings -- Closed meetings.

Effective 5/5/2021
53D-1-304.
Board meetings -- Closed meetings.
(1) The board shall hold at least four meetings per year to conduct business.
(2) The board chair or two board members:
(a) may call a board meeting; and
(b) if calling a board meeting, shall provide as much advance notice as is reasonable under the circumstances to all board members, the director, and the advocacy office director.
(3) Any board member may place an item on a board meeting agenda.
(4) The board shall adopt a set of parliamentary procedures to govern board meetings.
(5) The board may establish an attendance policy to govern the attendance of board members at board meetings.
(6)
(a) Notwithstanding Subsection 52-4-204(2) or 52-4-205(1), and in addition to the reasons to close a meeting described in Section 52-4-205, the board may hold a closed meeting to discuss the sale or purchase of identifiable securities, investment funds, or investment contracts if:
(i) the board, the director, or the office has entered into a confidentiality agreement related to the identifiable securities, investment funds, or investment contracts; and
(ii) two-thirds of the members present when a quorum is present vote to close the meeting for the purpose described in this Subsection (6)(a).
(b) If the board closes a meeting in accordance with Subsection (6)(a), the board shall comply with the requirements for closed meetings described in Title 52, Chapter 4, Open and Public Meetings Act.
Amended by Chapter 336, 2021 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 4 - Director › Section 401 - Appointment of director -- Qualifications -- Nature of employment -- Removal by petition.

Effective 7/1/2018
53D-1-401.
Appointment of director -- Qualifications -- Nature of employment -- Removal by petition.
(1) The office shall be managed by a director.
(2) If there is a vacancy in the director position, the board shall appoint an individual as director.
(3) The board shall ensure that an individual appointed as director possesses:
(a) outstanding professional qualifications pertinent to the prudent investment of trust fund money; and
(b) expertise in institutional investment management.
(4) The director is an at-will employee who may be removed by the board at any time with or without cause.
(5)
(a) The advocacy office director may submit a written petition to the board requesting the board to remove the director for cause, explained in the petition.
(b) The board shall hold a hearing on a petition under Subsection (5)(a) within 45 days after receiving the petition.
(c) If, after holding a hearing, the board finds by a preponderance of the evidence that there is cause for removing the director, the board shall remove the director.
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 4 - Director › Section 402 - Director duties and responsibilities.

Effective 7/1/2018
53D-1-402.
Director duties and responsibilities.
(1) The director has broad authority to manage the office to fulfill its purposes, consistent with the enabling act, the Utah Constitution, state law, and board policies.
(2) The director shall:
(a) before assuming the duties of director, take an oath that includes the following:
"I solemnly swear to carry out my duties as director of the School and Institutional Trust Fund Office with undivided loyalty to the beneficiaries of the trust fund managed by the office, to the best of my abilities and consistent with the law.";
(b) carry out the policies of the board;
(c) act with undivided loyalty to those entitled to the benefit of income from the trust fund, consistent with the director's fiduciary duties and responsibilities;
(d) follow the prudent investor rule, prudently seeking to obtain the optimum return from the investment of trust fund money and assets, balancing short-term and long-term interests under the principle of intergenerational equity;
(e) exercise full discretionary authority to manage, maintain, transfer, or sell assets of the trust fund in the manner that the director determines to be most favorable to beneficiaries;
(f) maintain the integrity of the trust fund and prevent, through prudent management, the misapplication of trust fund money;
(g) adopt rules, as provided in Subsection 53D-1-103(4), that are necessary for the proper exercise of the director's duties under this chapter and policies established by the board;
(h) faithfully manage the office under policies established by the board;
(i) annually submit to the board:
(i) an office budget; and
(ii) a financial plan for operations of the office;
(j) after board approval of the office budget, submit the budget to the governor and the Legislature;
(k) direct and control budget expenditures;
(l) establish job descriptions and, within budgetary constraints, employ staff necessary to accomplish the purposes of the office;
(m) in accordance with generally accepted principles of fund accounting, establish a system to identify and account for the trust fund assets;
(n) notify the advocacy office director of major items that the director knows may be useful to the advocacy office director in protecting the rights of beneficiaries;
(o) maintain appropriate records of trust fund activities to enable auditors to conduct periodic audits;
(p) respond in writing within a reasonable time to a request by the advocacy office director for information on policies and practices affecting the management of the trust fund; and
(q) respond to a question that the board submits under Subsection 53D-1-303(4)(b) within a reasonable time after receiving the question.
(3) The office may:
(a) sue or be sued; and
(b) contract with other public agencies for personnel management services.
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 4 - Director › Section 403 - Reports.

Effective 7/1/2018
53D-1-403.
Reports.
(1) At least annually, the director shall report in person to the Legislative Management Committee, the governor, and the advocacy office, concerning the office's investments, performance, estimated distributions, and other activities.
(2) The director shall report to the board concerning the work of the director and the investment activities and other activities of the office:
(a) in a public meeting at least six times per year; and
(b) as otherwise requested by the board.
(3)
(a) Before November 1 of each year, the director shall:
(i) submit a written report to school community councils, created under Section 53G-7-1202, and charter trust land councils, established under Section 53G-7-1205, concerning the office's investments, performance, estimated distributions, and other activities; and
(ii) post the written report described in Subsection (3)(a)(i) on the office's website.
(b) A report under Subsection (3)(a) shall be prepared in simple language designed to be understood by the general public.
(4) The director shall provide to the board:
(a) monthly written reports on the activities of the office;
(b) quarterly financial reports; and
(c) any other report requested by the board.
(5) The director shall:
(a) invite the advocacy office director to attend any meeting at which the director gives a report under this section; and
(b) provide the advocacy office director:
(i) a copy of any written report prepared under this section; and
(ii) any other report requested by the advocacy office director.
Amended by Chapter 415, 2018 General Session
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 5 - Nominating Committee › Section 501 - Nominating committee -- Membership -- Terms -- Vacancies -- Compensation.

Effective 7/1/2018
53D-1-501.
Nominating committee -- Membership -- Terms -- Vacancies -- Compensation.
(1) There is established a School and Institutional Trust Fund Nominating Committee.
(2) The nominating committee consists of:
(a) four members, appointed by the state treasurer upon recommendation by the advocacy office director, each of whom is a member of a respected professional investment organization;
(b) the chief investment officer of the University of Utah endowment;
(c) the chief investment officer of the Utah State University endowment; and
(d) the advocacy office director.
(3) An individual appointed as a member of the nominating committee under Subsection (2)(a) shall be appointed based on the individual's expertise in:
(a) investment finance;
(b) institutional asset management;
(c) trust administration; or
(d) the practice of law in the areas of capital markets, securities law, trusts, foundations, endowments, investment finance, institutional asset management, or trust administration.
(4) The term of a member appointed under Subsection (2)(a) is four years.
(5) A nominating committee member shall serve until a successor is appointed and qualified.
(6)
(a) If a member appointed under Subsection (2)(a) leaves office, the vacancy shall be filled in the same manner as the initial appointment under Subsection (2)(a).
(b) An individual appointed to fill a vacancy under Subsection (6)(a) serves the remainder of the unexpired term.
(7) A member of the nominating committee may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 5 - Nominating Committee › Section 502 - Chair and vice chair -- Quorum and voting requirements -- Bylaws -- Staff.

Effective 7/1/2018
53D-1-502.
Chair and vice chair -- Quorum and voting requirements -- Bylaws -- Staff.
(1) The nominating committee shall select a chair and vice chair from its members.
(2)
(a) Four members of the nominating committee constitute a quorum.
(b) An action of the nominating committee requires the affirmative vote of at least four members.
(3) The nominating committee shall establish bylaws to govern the nominating committee.
(4) The advocacy office shall provide staff support to the nominating committee.
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 5 - Nominating Committee › Section 503 - Process of nominating candidates for board membership.

Effective 7/1/2014
53D-1-503.
Process of nominating candidates for board membership.
(1) The nominating committee shall nominate at least two candidates for each position or vacancy on the board.
(2) The nominating committee shall:
(a) nominate candidates who meet the criteria stated in Subsection 53D-1-301(3); and
(b) consider the character and reputation of candidates the nominating committee nominates.
(3) If the state treasurer considers the candidates nominated under Subsection (1) to be unacceptable, the state treasurer may request the nominating committee to nominate at least two other candidates per appointment.
(4) As many times as the state treasurer considers candidates nominated by the nominating committee to be unacceptable under Subsection (3), the nominating committee shall follow the process described in Subsections (1) and (2) until the state treasurer appoints a candidate.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 6 - Management and Investment Standards and Principles › Section 601 - General management and investment principles -- Duty of person with special skills or expertise.

Effective 7/1/2014
53D-1-601.
General management and investment principles -- Duty of person with special skills or expertise.
(1) Board members, the director, and office staff shall act in the best interests of the beneficiaries and comply with the duty of undivided loyalty to the beneficiaries.
(2) A person who manages and invests trust fund money or assets shall:
(a) manage and invest in good faith and with the care a prudent professional in a like position would exercise under similar circumstances;
(b) consider, as relevant:
(i) general economic conditions;
(ii) the possible effect of inflation or deflation;
(iii) any expected tax consequences of investment decisions or strategies;
(iv) the role that each investment or course of action plays within the overall investment portfolio of the trust fund;
(v) the expected net return from income and the appreciation of investments;
(vi) the expected returns and risk characteristics of individual assets;
(vii) the needs of the beneficiaries to receive distributions and to preserve capital;
(viii) liquidity;
(ix) asset allocation; and
(x) costs and management fees; and
(c) make management and investment decisions about an individual asset not in isolation but in the context of the trust fund's portfolio of investments as a whole and as part of an overall investment strategy, having risk and return objectives reasonably suited to the trust fund and to the beneficiaries.
(3) A person who has special skills or expertise, or who is selected to assist in managing and investing the trust fund money or assets based on the person's representation of having special skills or expertise, has a duty to use those skills and that expertise in managing and investing trust fund money and assets.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 6 - Management and Investment Standards and Principles › Section 602 - Office authority, responsibilities, and duties.

Effective 7/1/2014
53D-1-602.
Office authority, responsibilities, and duties.
(1) In managing and investing trust fund money and assets, the office:
(a) may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the trust fund, and the skills available to the office; and
(b) shall make a reasonable effort to verify facts related to the management and investment of trust fund money and assets.
(2) Except as otherwise provided by law, the office may invest in any kind of property or any type of investment that is:
(a) consistent with this part; and
(b) in the best interests of the beneficiaries.
(3) The office shall diversify the investments of trust fund money and assets.
(4) Within a reasonable time after receiving a contribution to the trust fund, the office shall make and carry out decisions concerning the retention or disposition of the contribution or to rebalance the trust fund portfolio, in order to bring the trust fund into compliance with the purposes, terms, and distribution requirements of trust fund money and assets.
(5) The board may delegate any management or investment function to the director, a committee of board members, or an employee of the office.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 6 - Management and Investment Standards and Principles › Section 603 - Director authority, responsibilities, and duties.

Effective 7/1/2014
53D-1-603.
Director authority, responsibilities, and duties.
(1)
(a) The director may delegate to an external agent the management of a portion of the trust fund money or assets, if the delegation is prudent under the circumstances and consistent with the purposes of the trust fund.
(b) The director shall periodically review the actions of an agent under Subsection (1)(a) in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
(2) The director shall act in good faith, with the care that a prudent professional in a like position would exercise under similar circumstances, in:
(a) selecting an agent;
(b) establishing the scope and terms of a delegation under Subsection (1); and
(c) periodically reviewing the agent's actions, as provided in Subsection (1)(b).
(3) In performing a delegated function, an agent owes a duty to the state and the beneficiaries to exercise reasonable care to comply with the scope and terms of the delegation.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 6 - Management and Investment Standards and Principles › Section 604 - Compliance not determined by hindsight.

Effective 7/1/2014
53D-1-604.
Compliance not determined by hindsight.
Compliance with a provision of this part in making a decision or taking an action is determined in light of the facts and circumstances existing at the time a decision is made or an action is taken and not by hindsight.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 7 - Review of Decisions or Actions › Section 701 - Petition for review of director or office decision or action -- Hearing examiner -- Decision -- Judicial review.

Effective 7/1/2014
53D-1-701.
Petition for review of director or office decision or action -- Hearing examiner -- Decision -- Judicial review.
(1)
(a) Subject to Subsection (1)(b), a person aggrieved by a decision or action of the director or office may, in accordance with rules adopted by the board under Section 53D-1-702, petition the board for an administrative review of the decision or action.
(b) A person may not petition for review of:
(i) a decision whether to buy, sell, hold, or exchange a specific investment; or
(ii) an action to buy, sell, hold, or exchange a specific investment.
(2)
(a) The board may appoint a qualified hearing examiner to take evidence and make a recommendation for board action on the petition.
(b) If the board appoints a hearing examiner under Subsection (2)(a), the board shall, in conducting its review and making its decision on the petition, consider the hearing examiner's recommendation.
(3) In making its decision on the petition, the board shall:
(a) make findings and conclusions and base its decision on the findings and conclusions;
(b) uphold the decision or action of the director or office unless the board finds, by a preponderance of the evidence, that the decision or action violated applicable law, policy, or rule; and
(c) inform the person who filed the petition of the person's right to judicial review of the board's decision.
(4) A person aggrieved by a final decision of the board on a petition filed under this section may seek judicial review of that decision as provided in Sections 63G-4-402 and 63G-4-403.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 7 - Review of Decisions or Actions › Section 702 - Board rules on petition for review of director or office decision or action.

Effective 7/1/2014
53D-1-702.
Board rules on petition for review of director or office decision or action.
(1) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern proceedings on a petition under Section 53D-1-701.
(2) Rules under Subsection (1) shall ensure procedural due process in proceedings relating to a petition under Section 53D-1-701.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 2 - Land Trusts Protection and Advocacy Office › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2018
53D-2-101.
Title.
This chapter is known as "Land Trusts Protection and Advocacy Office."
Enacted by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 2 - Land Trusts Protection and Advocacy Office › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2018
53D-2-102.
Definitions.
As used in this chapter:
(1) "Advocacy committee" means the Land Trusts Protection and Advocacy Committee, created in Section 53D-2-202.
(2) "Advocacy director" means the director of the advocacy office, appointed as described in Section 53D-2-203.
(3) "Advocacy office" means the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201.
(4) "School and institutional trust" or "trust" includes:
(a) school and institutional trust lands, as defined in Section 53C-1-103, and related assets; and
(b) funds and investments of school and institutional trust land revenue, as described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act.
(5) "School and Institutional Trust System" means:
(a) the School and Institutional Trust Lands Administration, described in Title 53C, School and Institutional Trust Lands Management Act;
(b) the School and Institutional Trust Fund Office, described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act;
(c) the Land Trusts Protection and Advocacy Office, described in this chapter; and
(d) the School LAND Trust Program, described in Sections 53F-2-404 and 53G-7-1206.
(6) "Trust beneficiaries" means those for whose benefit the school and institutional trust is managed and preserved, as required by:
(a) the Utah Enabling Act;
(b) the Utah Constitution; and
(c) state law.
Enacted by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 2 - Land Trusts Protection and Advocacy Office › Part 2 - Land Trusts Protection and Advocacy Office › Section 204 - Land Trusts Protection and Advocacy Account -- Funding of advocacy office operations.

Effective 5/14/2019
53D-2-204.
Land Trusts Protection and Advocacy Account -- Funding of advocacy office operations.
(1) As used in this section:
(a) "Account" means the Land Trusts Protection and Advocacy Account created in this section.
(b) "School and Institutional Trust Fund Office director" or "SITFO director" means the director of the School and Institutional Trust Fund Office, appointed under Section 53D-1-401.
(c) "Trust fund" means the same as that term is defined in Section 53D-1-102.
(d) "Trust fund earnings" means the same as that term is defined in Section 53D-1-203.
(2) There is created an enterprise fund known as the Land Trusts Protection and Advocacy Account.
(3) The account is funded by money deposited into the account as provided in Subsection (4).
(4)
(a) Except as provided in Subsection (4)(c), the SITFO director shall deposit into the account a total amount of money, taken proportionately from trust fund earnings according to the value of the various funds established for the trust beneficiaries, that is equal to the annual appropriation that the Legislature makes to the advocacy office.
(b) The advocacy office may use money in the account to pay for the advocacy office's operating costs.
(c) If the amount of money deposited into the account under Subsection (4)(a) in any fiscal year exceeds the amount required by the advocacy office during that fiscal year to fund advocacy office operations, the SITFO director shall, in the following fiscal year, reduce the amount deposited into the account under Subsection (4)(a) by the amount of the unspent appropriation.
Amended by Chapter 191, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 101 - Title.

Effective 1/24/2018
53E-1-101.
Title.
(1) This title is known as "Public Education System -- State Administration."
(2) This chapter is known as "Title Provisions."
Enacted by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 102 - Public education code definitions.

Effective 5/4/2022
53E-1-102.
Public education code definitions.
Unless otherwise indicated, as used in this title, Title 53F, Public Education System -- Funding, and Title 53G, Public Education System -- Local Administration:
(1) "Charter agreement" means an agreement made in accordance with Section 53G-5-303 that authorizes the operation of a charter school.
(2) "Charter school governing board" means the board that governs a charter school.
(3) "District school" means a public school under the control of a local school board.
(4) "Individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(5) "LEA governing board" means:
(a) for a school district, the local school board;
(b) for a charter school, the charter school governing board; or
(c) for the Utah Schools for the Deaf and the Blind, the state board.
(6) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.
(8) "Minimum School Program" means the same as that term is defined in Section 53F-2-102.
(9) "Parent" means a parent or legal guardian.
(10) "Public education code" means:
(a) this title;
(b)Title 53F, Public Education System -- Funding; and
(c)Title 53G, Public Education System -- Local Administration.
(11) "Section 504 accommodation plan" means a plan developed in accordance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student with a disability, to meet the student's educational needs and ensure equitable access to a free appropriate public education.
(12) "School nurse" means a registered nurse:
(a) who holds:
(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
(ii) a multistate license as that term is defined in Section 58-31e-102; and
(b) whose primary role is the care of a defined group of students enrolled in the public school system.
(13) "State board" means the State Board of Education.
(14) "State superintendent" means the state superintendent of public instruction appointed under Section 53E-3-301.
Amended by Chapter 214, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 2 - Reports › Section 202 - Reports to and action required of the Public Education Appropriations Subcommittee.

Effective 7/1/2023
53E-1-202.
Reports to and action required of the Public Education Appropriations Subcommittee.
(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Public Education Appropriations Subcommittee:
(a) the State Superintendent's Annual Report by the state board described in Section 53E-1-203;
(b) the report described in Section 53E-10-703 by the Utah Leading through Effective, Actionable, and Dynamic Education director on research and other activities; and
(c) the report by the STEM Action Center Board described in Section 9-22-109, including the information described in Section 9-22-113 on the status of the computer science initiative.
(2) In accordance with applicable provisions, the Public Education Appropriations Subcommittee shall complete, if required, the study described in Section 53F-4-304 of scholarship payments.
Amended by Chapter 7, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 2 - Reports › Section 202.1 - Report to the Public Education Appropriations Subcommittee on the Special Needs Opportunity Scholarship Program.

Effective 1/1/2021
53E-1-202.1.
Report to the Public Education Appropriations Subcommittee on the Special Needs Opportunity Scholarship Program.
(1) Beginning in 2021, the State Board of Education shall, in accordance with Section 68-3-14, annually submit the report described in Section 53E-7-404 to the Public Education Appropriations Subcommittee.
(2) This section supersedes any conflicting provisions of Utah law.
Enacted by Chapter 3, 2020 Special Session 4
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 2 - Reports › Section 204 - State board report to Education Interim Committee on statutory requirements impacted by assessment waivers.

Effective 4/22/2020
53E-1-204.
State board report to Education Interim Committee on statutory requirements impacted by assessment waivers.
(1) As used in this section, "assessment waiver" means the waiver of assessments described in Section 53E-4-315.
(2) On or before the Education Interim Committee's October 2020 meeting, the state board shall submit a written or oral report to the Education Interim Committee that:
(a)
(i) identifies the statutory requirements, including programs, reports, evaluations, and accountability measures, impacted by the assessment waiver; and
(ii) describes how each statutory requirement described in Subsection (2)(a)(i) is impacted by the assessment waiver;
(b)
(i) describes the data which the state board:
(A) has not collected or will not collect because of the assessment waiver; and
(B) has collected or will collect despite the assessment waiver; and
(ii) if the state board has collected or will collect data that it will not publish or report, explains why the state board will not publish or report the data;
(c) identifies the statutory requirements with which the state board or an LEA has not fully complied or will not fully comply because of the assessment waiver;
(d) describes the extent to which the state board or an LEA has complied or will comply with statutory requirements described in Subsection (2)(c); and
(e) explains why the state board or an LEA has not fully complied or will not fully comply with the requirements described in Subsection (2)(c).
(3) Notwithstanding anything to the contrary in Utah law, submission of the written or oral report described in Subsection (2) fulfills a statutory requirement:
(a) that the state board addresses in accordance with Subsection (2); and
(b) with which the state board or an LEA has not fully complied as described in Subsection (2)(c).
(4) This section supersedes any conflicting provisions of Utah law.
Enacted by Chapter 10, 2020 Special Session 3
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 2 - Reports › Section 205 - Reporting impact analysis.

Effective 5/5/2021
53E-1-205.
Reporting impact analysis.
(1) As used in this section, "proposed report" means a report that:
(a) an LEA is required to prepare or submit to the state board;
(b) a rule proposed by the state board requires; and
(c) is not required by federal law, Utah Code, or another state entity.
(2) The state board shall establish a policy or procedures to evaluate the impact a proposed report may have on reporting requirements for an LEA.
(3) The impact described in Subsection (2) may include:
(a) the estimated cost to an LEA associated with the proposed report;
(b) the estimated time an LEA administrator will spend preparing the proposed report; and
(c) any disproportionate impact the proposed report may have on an LEA because of the LEA's size, location, or other factors.
Enacted by Chapter 251, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 1 - Title Provisions › Part 2 - Reports › Section 206 - State board report on intergenerational poverty mitigation.

Effective 5/4/2022
53E-1-206.
State board report on intergenerational poverty mitigation.
(1) As used in this section:
(a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
(b) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102.
(2) On or before October 1 of each year, the state board shall provide an annual report to the Department of Workforce Services for inclusion in the intergenerational poverty report described in Section 35A-9-202.
(3) The report shall:
(a) describe policies, procedures, and programs that the state board has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty; and
(b) contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty.
Enacted by Chapter 36, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 2 - Public Education System Policy › Part 2 - Policy and Planning for the Public Education System › Section 201 - Policy for Utah's public education system.

Effective 5/14/2019
53E-2-201.
Policy for Utah's public education system.
(1)
(a) The continuous cultivation of an informed and virtuous citizenry among succeeding generations is essential to the state and the nation.
(b) The state's public education system is established and maintained as provided in Utah Constitution, Article X, and this public education code.
(c) Parents have the primary responsibility for the education of their children and elect representatives in the Legislature and on state and local school boards to administer the state public education system, which provides extensive support and assistance. All children of the state are entitled to a free elementary and secondary public education as provided in Utah Constitution, Article X.
(d) Public schools fulfill a vital purpose in the education and preparation of informed and responsible citizens who:
(i) fully understand and lawfully exercise their individual rights and liberties;
(ii) become self-reliant and able to provide for themselves and their families; and
(iii) contribute to the public good and the health, welfare, and security of the state and the nation.
(2) In the implementation of all policies, programs, and responsibilities adopted in accordance with this public education code, the Legislature, the state board, local school boards, and charter school governing boards shall:
(a) respect, protect, and further the interests of parents in their children's public education; and
(b) promote and encourage full and active participation and involvement of parents at all public schools.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 2 - Public Education System Policy › Part 2 - Policy and Planning for the Public Education System › Section 202 - Planning for Utah's public education system.

Effective 5/14/2019
53E-2-202.
Planning for Utah's public education system.
The state board shall:
(1) create, maintain, and review on a regular basis a statewide, comprehensive multi-year strategic plan that includes long-term goals for improved student outcomes; and
(2) report annually to the Education Interim Committee on or before the committee's November meeting on the strategic plan described in Subsection (1), including progress toward achieving long-term goals.
Repealed and Re-enacted by Chapter 324, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 2 - Public Education System Policy › Part 3 - Goals and Methods of the Public Education System › Section 301 - Public education's vision and mission.

Effective 5/14/2019
53E-2-301.
Public education's vision and mission.
(1) The Legislature envisions an educated citizenry that encompasses the following foundational principles:
(a) citizen participation in civic and political affairs;
(b) economic prosperity for the state by graduating students who are college and career ready;
(c) strong moral and social values; and
(d) loyalty and commitment to constitutional government.
(2) The Legislature recognizes that public education's mission is to assure Utah the best educated citizenry in the world and each individual the training to succeed in a global society by providing students with:
(a) learning and occupational skills;
(b) character development;
(c) literacy and numeracy;
(d) high quality instruction;
(e) curriculum based on high standards and relevance; and
(f) effective assessment to inform high quality instruction and accountability.
(3) The Legislature:
(a) recognizes that parents are a child's first teachers and are responsible for the education of their children;
(b) encourages family engagement and adequate preparation so that students enter the public education system ready to learn; and
(c) intends that the mission detailed in Subsection (2) be carried out through a responsive educational system that guarantees local school communities autonomy, flexibility, and client choice, while holding them accountable for results.
(4) This section will be applied consistent with Section 53G-10-204.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 2 - Public Education System Policy › Part 3 - Goals and Methods of the Public Education System › Section 302 - Characteristics of public education system.

Effective 7/1/2020
53E-2-302.
Characteristics of public education system.
The Legislature shall assist in maintaining a public education system that has the following characteristics:
(1) assumes that all students have the ability to learn and that each student departing the system will be prepared to achieve success in productive employment, further education, or both;
(2) provides a personalized education plan or personalized education occupation plan for each student, which involves the student, the student's parent, and school personnel in establishing the plan;
(3) provides students with the knowledge and skills to take responsibility for their decisions and to make appropriate choices;
(4) provides opportunities for students to exhibit the capacity to learn, think, reason, and work effectively, individually and in groups;
(5) offers world-class core standards that enable students to successfully compete in a global society, and to succeed as citizens of a constitutional republic;
(6) incorporates an information retrieval system that provides students, parents, and educators with reliable, useful, and timely data on the progress of each student;
(7) attracts, prepares, inducts, and retains excellent teachers for every classroom in large part through collaborative efforts among the state board, the Utah Board of Higher Education, and school districts, provides effective ongoing professional development opportunities for teachers to improve their teaching skills, and provides recognition, rewards, and compensation for their excellence;
(8) empowers each school district and public school to create its own vision and plan to achieve results consistent with the objectives outlined in this part;
(9) uses technology to improve teaching and learning processes and for the delivery of educational services;
(10) promotes ongoing research and development projects at the district and the school level that are directed at improving or enhancing public education;
(11) offers a public school choice program, which gives students and their parents options to best meet the student's personalized education needs;
(12) emphasizes the involvement of educators, parents, business partnerships, and the community at large in the educational process by allowing them to be involved in establishing and implementing educational goals and participating in decision-making at the school site; and
(13) emphasizes competency-based standards and progress-based assessments, including tracking and measurement systems.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 2 - Public Education System Policy › Part 3 - Goals and Methods of the Public Education System › Section 303 - Family participation in educational process -- Family engagement policy.

Effective 5/4/2022
53E-2-303.
Family participation in educational process -- Family engagement policy.
(1) The Legislature recognizes the importance of parental participation in the educational process in order for students to achieve and maintain high levels of performance.
(2) It is, therefore, the policy of the state to:
(a) encourage parents to provide a home environment that values education and send their children to school prepared to learn;
(b) rely upon school districts and schools to provide opportunities for parents of students to be involved in establishing and implementing educational goals for their respective schools and students; and
(c) expect employers to recognize the need for parents and members of the community to participate in the public education system in order to help students achieve and maintain excellence.
(3)
(a) Each local school board shall adopt a policy on parental involvement in the schools of the district.
(b)
(i) The local school board shall design its policy to build consistent and effective communication among parents, teachers, and administrators.
(ii) The policy described in Subsection (3)(b)(i):
(A) shall include parents or family, when appropriate, of children learning English, regardless of prevalence of children learning English in the geographic area in which the LEA is located; and
(B) may include assistance from community organizations to assist through a preferred method of communication.
(c) The policy shall provide parents with the opportunity to be actively involved in their children's education and to be informed of:
(i) the importance of the involvement of parents in directly affecting the success of their children's educational efforts; and
(ii) groups and organizations that may provide instruction and training to parents to help improve their children's academic success and support their academic efforts.
Amended by Chapter 354, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 1 - General Provisions › Section 101 - Title.

Effective 1/24/2018
53E-3-101.
Title.
This chapter is known as "State Board of Education Organization, Powers, and Duties."
Enacted by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 2 - Organization › Section 201 - State board members -- Election and appointment of officers -- Removal from office.

Effective 5/14/2019
53E-3-201.
State board members -- Election and appointment of officers -- Removal from office.
(1) Members of the state board shall be nominated and elected as provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
(2) The state board shall elect from its members a chair, and at least one vice chair, but no more than three vice chairs, every other year at a meeting held any time between November 15 and January 15.
(3)
(a) If the election of officers is held subsequent to the election of a new member of the state board, but prior to the time that the new member takes office, the new member shall assume the position of the outgoing member for purposes of the election of officers.
(b) In all other matters the outgoing member shall retain the full authority of the office until replaced as provided by law.
(4) The duties of these officers shall be determined by the state board.
(5) The state board shall appoint a secretary who serves at the pleasure of the state board.
(6) An officer appointed or elected by the state board under this section may be removed from office for cause by a vote of two-thirds of the state board.
Amended by Chapter 186, 2019 General Session