reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 2 - Organization › Section 202 - Compensation for members of the state board -- Insurance -- Per diem and expenses.

Effective 5/14/2019
53E-3-202.
Compensation for members of the state board -- Insurance -- Per diem and expenses.
(1) The salary for a member of the state board is set in accordance with Section 36-2-3.
(2) Compensation for a member of the state board is payable monthly.
(3) A state board member may participate in any group insurance plan provided to employees of the state board as part of the state board member's compensation on the same basis as required for employee participation.
(4) In addition to the provisions of Subsections (1) and (3), a state board member 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 186, 2019 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 203 - State board meetings -- Quorum requirements.

Effective 5/14/2019
53E-3-203.
State board meetings -- Quorum requirements.
(1) The state board shall meet at the call of the chairman and at least 11 times each year.
(2) A majority of all members is required to validate an act of the state board.
Amended by Chapter 186, 2019 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 204 - Gross neglect of duty -- Nonpayment of salary or expenses.

Effective 5/14/2019
53E-3-204.
Gross neglect of duty -- Nonpayment of salary or expenses.
(1) Failure of a member of the state board or of an LEA governing board to carry out responsibilities assigned by law or to comply with rules of the state board is gross neglect of duty.
(2) Salary or expenses shall not be paid for work which violates rules of the state board.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 3 - State Superintendent › Section 302 - Compensation of state superintendent -- Other state board employees.

Effective 5/14/2019
53E-3-302.
Compensation of state superintendent -- Other state board employees.
(1) The state board shall establish the compensation of the state superintendent.
(2) The state board may, as necessary for the proper administration and supervision of the public school system:
(a) appoint other employees; and
(b) delegate appropriate duties and responsibilities to state board employees.
(3) The compensation and duties of state board employees shall be established by the state board and paid from money appropriated for that purpose.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 3 - State Superintendent › Section 303 - Advice by state superintendent -- Written opinions.

Effective 5/14/2019
53E-3-303.
Advice by state superintendent -- Written opinions.
(1) The state superintendent shall advise superintendents, LEA governing boards, and other school officers upon all matters involving the welfare of the schools.
(2) The state superintendent shall, when requested by district superintendents or other school officers, provide written opinions on questions of public education, administrative policy, and procedure, but not upon questions of law.
(3) Upon request by the state superintendent, the attorney general shall issue written opinions on questions of law.
(4) Opinions issued under this section shall be considered to be correct and final unless set aside by a court of competent jurisdiction or by subsequent legislation.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 4 - Powers › Section 402 - Acceptance of gifts, endowments, devises, and bequests.

Effective 5/14/2019
53E-3-402.
Acceptance of gifts, endowments, devises, and bequests.
(1) The state board, on its own behalf or on behalf of an educational institution for which the state board is the direct governing body, may accept private grants, loans, gifts, endowments, devises, or bequests which are made for educational purposes.
(2) These contributions are not subject to appropriation by the Legislature.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 4 - Powers › Section 403 - Establishment of public education foundations -- Powers and duties -- Tax exempt status.

Effective 5/14/2019
53E-3-403.
Establishment of public education foundations -- Powers and duties -- Tax exempt status.
(1) The state board, a local school board, or the Utah Schools for the Deaf and the Blind may establish foundations to:
(a) assist in the development and implementation of programs to promote educational excellence; and
(b) assist in the accomplishment of other education-related objectives.
(2) A foundation established under Subsection (1):
(a) may solicit and receive contributions from private enterprises for the purpose of this section;
(b) shall comply with Title 51, Chapter 7, State Money Management Act, and rules made under the act;
(c) has no power or authority to incur contractual obligations or liabilities that constitute a claim against public funds except as provided in this section;
(d) may not exercise executive, administrative, or rulemaking authority over the programs described in this section, except to the extent specifically authorized by the responsible school board;
(e) is exempt from all taxes levied by the state or any of its political subdivisions with respect to activities conducted under this section;
(f) may participate in the Risk Management Fund under Section 63A-4-204;
(g) shall provide a school with information detailing transactions and balances of funds managed for that school;
(h) shall, for foundation accounts from which money is distributed to schools, provide all the schools within a school district information that:
(i) details account transactions; and
(ii) shows available balances in the accounts; and
(i) may not:
(i) engage in lobbying activities;
(ii) attempt to influence legislation; or
(iii) participate in any campaign activity for or against:
(A) a political candidate; or
(B) an initiative, referendum, proposed constitutional amendment, bond, or any other ballot proposition submitted to the voters.
(3) A local school board that establishes a foundation under Subsection (1) shall:
(a) require the foundation to:
(i) use the school district's accounting system; or
(ii) follow written accounting policies established by the local school board;
(b) review and approve the foundation's accounting, purchasing, and check issuance policies to ensure that there is an adequate separation of responsibilities; and
(c) approve procedures to verify that issued foundation payments have been properly approved.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 502 - State Board of Education assistance to districts and schools.

Effective 7/1/2020
53E-3-502.
State Board of Education assistance to districts and schools.
In order to assist school districts and individual schools in acquiring and maintaining the characteristics set forth in Section 53E-2-302, the State Board of Education shall:
(1) provide the framework for an education system, including core competency standards and their assessment, in which school districts and public schools permit students to advance by demonstrating competency in subject matter and mastery of skills;
(2) conduct a statewide public awareness program on competency-based educational systems;
(3) compile and publish, for the state as a whole, a set of educational performance indicators describing trends in student performance;
(4) promote a public education climate of high expectations and academic excellence;
(5) disseminate successful site-based decision-making models to districts and schools and provide teacher professional development opportunities and evaluation programs for site-based plans consistent with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b);
(6) provide a mechanism for widespread dissemination of information about strategic planning for public education, including involvement of business and industry in the education process, in order to ensure the understanding and support of all the individuals and groups concerned with the mission of public education as outlined in Section 53E-2-301;
(7) provide for a research and development clearing house at the state level to receive and share with school districts and public schools information on effective and innovative practices and programs in education;
(8) help school districts develop and implement guidelines, strategies, and professional development programs for administrators and teachers consistent with Subsections 53E-2-302(7) and 53E-6-103(2)(a) and (b) focused on improving interaction with parents and promoting greater parental involvement in the public schools; and
(9) in concert with the Utah Board of Higher Education and the state's colleges of education review and revise teacher licensing requirements to be consistent with teacher preparation for participation in personalized education programs within the public schools.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 504 - Child literacy program -- Coordinated activities.

Effective 5/14/2019
53E-3-504.
Child literacy program -- Coordinated activities.
(1) The state board, through the state superintendent, shall provide for a public service campaign to educate parents on the importance of providing their children with opportunities to develop emerging literacy skills through a statewide "Read to Me" program.
(2) The state board shall coordinate its activities under this section with other state and community entities that are engaged in child literacy programs in order to maximize its efforts and resources, including the Utah Commission on National and Community Service.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 506 - Educational program on the use of information technology.

Effective 5/14/2019
53E-3-506.
Educational program on the use of information technology.
(1) The state board shall provide for an educational program on the use of information technology, which shall be offered by high schools.
(2) An educational program on the use of information technology shall:
(a) provide instruction on skills and competencies essential for the workplace and requested by employers;
(b) include the following components:
(i) a curriculum;
(ii) online access to the curriculum;
(iii) instructional software for classroom and student use;
(iv) certification of skills and competencies most frequently requested by employers;
(v) professional development for teachers; and
(vi) deployment and program support, including integration with existing core standards for Utah public schools; and
(c) be made available to high school students, faculty, and staff.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 507 - Powers of the state board.

Effective 5/5/2021
53E-3-507.
Powers of the state board.
The state board:
(1) shall establish minimum standards for career and technical education programs in the public education system;
(2) may apply for, receive, administer, and distribute funds made available through programs of federal and state governments to promote and aid career and technical education;
(3) shall cooperate with federal and state governments to administer programs that promote and maintain career and technical education;
(4) shall cooperate with the Utah Board of Higher Education, technical colleges, and degree-granting institutions that provide technical education described in Section 53B-2a-201 to ensure that students in the public education system have access to career and technical education at technical colleges and degree-granting institutions that provide technical education described in Section 53B-2a-201;
(5) shall require that before a minor student may participate in clinical experiences as part of a health care occupation program at a high school or other institution to which the student has been referred, the student's parent has:
(a) been first given written notice through appropriate disclosure when registering and prior to participation that the program contains a clinical experience segment in which the student will observe and perform specific health care procedures that may include personal care, patient bathing, and bathroom assistance; and
(b) provided specific written consent for the student's participation in the program and clinical experience;
(6) shall, after consulting with school districts, charter schools, the Utah Board of Higher Education, technical colleges, and degree-granting institutions that provide technical education described in Section 53B-2a-201, prepare and submit an annual report in accordance with Section 53E-1-203 detailing:
(a) how the career and technical education needs of secondary students are being met; and
(b) the access secondary students have to programs offered:
(i) at technical colleges; and
(ii) within the regions served by degree-granting institutions that provide technical education described in Section 53B-2a-201; and
(7) when the Office of the Legislative Fiscal Analyst requests information from the board related to a fiscal note for a proposed bill, shall report to the Office of the Legislative Fiscal Analyst, in addition to the other information requested, whether the proposed bill will impact the reporting requirements for local education agencies and if so:
(a) whether the impact increases or decreases the reporting requirements;
(b) whether the change in requirements is high, medium, or low; and
(c) the effect of the change in requirements on the amount and quality of information available to taxpayers, parents, and legislators.
Amended by Chapter 187, 2021 General Session
Amended by Chapter 254, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 508 - Rulemaking -- Standards for high quality programs operating outside of the regular school day.

Effective 5/12/2020
53E-3-508.
Rulemaking -- Standards for high quality programs operating outside of the regular school day.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall, in consultation with the Department of Workforce Services, make rules that describe the standards for a high quality program operating outside of the regular school day:
(a) for elementary or secondary students; and
(b) offered by a:
(i) school district;
(ii) charter school;
(iii) private provider, including a non-profit provider; or
(iv) municipality.
(2) The standards described in Subsection (1) shall specify that a high quality program operating outside of the regular school day:
(a) provides a safe, healthy, and nurturing environment for all participants;
(b) develops and maintains positive relationships among staff, participants, families, schools, and communities;
(c) encourages participants to learn new skills; and
(d) is effectively administered.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 510 - Control of school meals program revenues -- Apportionment -- Costs.

Effective 5/12/2020
53E-3-510.
Control of school meals program revenues -- Apportionment -- Costs.
(1)
(a) School meals program revenues shall be under the control of the state board and may only be disbursed, transferred, or drawn upon by the state board's order.
(b) The school meals program revenues may only be used to provide school meals and a school meals program in the state's LEAs in accordance with standards established by the state board.
(2)
(a) The state board shall apportion the school meals program revenues according to the number of school children receiving school meals in each LEA.
(b) The state board and LEA governing boards shall employ staff to administer and supervise the school meals program and purchase supplies and equipment.
(3) The costs of the school meals program shall be included in the state board's annual budget.
Amended by Chapter 21, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 512 - State board rules establishing basic ethical conduct standards -- Local school board policies.

Effective 5/12/2020
53E-3-512.
State board rules establishing basic ethical conduct standards -- Local school board policies.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish basic ethical conduct standards for public education employees who provide education-related services outside of their regular employment to their current or prospective public school students.
(2) The rules shall provide that a local school board may adopt policies implementing the standards and addressing circumstances present in the district.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 513 - Parental permission required for specified in-home programs -- Exceptions.

Effective 9/1/2022
53E-3-513.
Parental permission required for specified in-home programs -- Exceptions.
(1) The state board, local school boards, school districts, and public schools are prohibited from requiring infant or preschool in-home literacy or other educational or parenting programs without obtaining parental permission in each individual case.
(2) This section does not prohibit the Division of Child and Family Services, within the Department of Human Services, from providing or arranging for family preservation or other statutorily provided services in accordance with Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, or any other in-home services that have been court ordered, in accordance with Title 80, Chapter 2, Child Welfare Services, Title 80, Chapter 2a, Removal and Protective Custody of a Child, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 515 - Hospitality and Tourism Management Career and Technical Education Pilot Program.

Effective 5/14/2019
53E-3-515.
Hospitality and Tourism Management Career and Technical Education Pilot Program.
(1) As used in this section:
(a) "Local education agency" means a school district or charter school.
(b) "Pilot program" means the Hospitality and Tourism Management Career and Technical Education Pilot Program created under Subsection (2).
(2) There is created a Hospitality and Tourism Management Career and Technical Education Pilot Program to provide instruction that a local education agency may offer to a student in any of grades 9 through 12 on:
(a) the information and skills required for operational level employee positions in hospitality and tourism management, including:
(i) hospitality soft skills;
(ii) operational areas of the hospitality industry;
(iii) sales and marketing; and
(iv) safety and security; and
(b) the leadership and managerial responsibilities, knowledge, and skills required by an entry-level leader in hospitality and tourism management, including:
(i) hospitality leadership skills;
(ii) operational leadership;
(iii) managing food and beverage operations; and
(iv) managing business operations.
(3) The instruction described in Subsection (2) may be delivered in a public school using live instruction, video, or online materials.
(4)
(a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall select one or more providers to supply materials and curriculum for the pilot program.
(b) The state board may seek recommendations from trade associations and other entities that have expertise in hospitality and tourism management regarding potential providers of materials and curriculum for the pilot program.
(5)
(a) A local education agency may apply to the state board to participate in the pilot program.
(b) The state board shall select participants in the pilot program.
(c) A local education agency that participates in the pilot program shall use the materials and curriculum supplied by a provider selected under Subsection (4).
(6) The state board shall evaluate the pilot program and provide an annual written report in accordance with Section 53E-1-203 and to the Economic Development and Workforce Services Interim Committee on or before October 1 describing:
(a) how many local education agencies and how many students are participating in the pilot program; and
(b) any recommended changes to the pilot program.
Amended by Chapter 186, 2019 General Session
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 517 - Educator credential database.

Effective 5/14/2019
53E-3-517.
Educator credential database.
(1) As used in this section:
(a) "Educator" means the same as that term is defined in Section 53E-6-102.
(b) "Educator credential database" means a database used by the state board that:
(i) contains educator credential information and LEA information; and
(ii) is used by the state board to determine funding distribution.
(2) Before July 1, 2020, the state board shall ensure that a technical limitation of the educator credential database does not prevent an educator from accepting employment at more than one LEA.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 521 - Requirements for early mathematics plan.

Effective 5/12/2020
53E-3-521.
Requirements for early mathematics plan.
The state board shall make rules to:
(1) define the components of the early mathematics plan that a local school board or charter school governing board is required to submit under Section 53G-7-218 for mathematics proficiency improvement, including the following four categories:
(a) conceptual understanding;
(b) procedural fluency;
(c) strategic and adaptive mathematical thinking; and
(d) productive disposition; and
(2) establish a state-wide target using data from the mathematics benchmark assessment, described in Section 53E-4-307.5, for local growth goals described in Section 53G-7-218 regarding mathematics.
Enacted by Chapter 174, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 522 - Substance abuse prevention in public school programs.

Effective 7/1/2023
53E-3-522.
Substance abuse prevention in public school programs.
Except as provided in Section 53F-2-525, the state board shall provide for:
(1) substance abuse prevention and education;
(2) substance abuse prevention training for teachers and administrators; and
(3) district and school programs to supplement, not supplant, existing local prevention efforts in cooperation with local substance abuse authorities.
Amended by Chapter 98, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 523 - State board to review reporting requirements.

Effective 5/5/2021
53E-3-523.
State board to review reporting requirements.
(1) As used in this section, "required report" means a report that statute or state board rule requires an LEA or the state board to make.
(2)
(a) The state board shall work with LEAs to develop a process to review required reports.
(b) The process described in Subsection (2)(a) shall include the following considerations for each required report:
(i)
(A) the required report's purpose; and
(B) the report's effectiveness in accomplishing the report's purpose;
(ii) which entity requires the required report;
(iii) which entity created the report requirements;
(iv) which entity or individual reviews the required report;
(v) whether the information in the required report is otherwise available or could be obtained another way;
(vi) whether the required report is the least burdensome way to collect the information in the required report;
(vii) whether accountability or transparency could be achieved through a means other than the required report;
(viii) whether and how the Utah Schools Information Management System affects the required report;
(ix) the estimated time and cost required to complete the required report for:
(A) an LEA; or
(B) the state board; and
(x) the amount of appropriated program funding available for program purposes after program money is expended for completing a required report for the program.
(3) After reviewing required reports as described in Subsection (2), the state board may make recommendations for legislation to the Legislature.
Enacted by Chapter 264, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 6 - Audits › Section 602 - Auditors appointed -- Auditing standards.

Effective 5/14/2019
53E-3-602.
Auditors appointed -- Auditing standards.
(1) Procedures utilized by auditors employed by local school boards shall meet or exceed generally accepted auditing standards approved by the state board and the state auditor.
(2) The standards must include financial accounting for both revenue and expenditures, and student accounting.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 6 - Audits › Section 603 - State board to verify audits.

Effective 5/14/2019
53E-3-603.
State board to verify audits.
The state board is responsible for verifying audits of financial and student accounting records of school districts for purposes of determining the allocation of Uniform School Fund money.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 7 - School Construction › Section 702 - State board to adopt public school construction guidelines.

Effective 5/14/2019
53E-3-702.
State board to adopt public school construction guidelines.
(1) As used in this section, "public school construction" means construction work on a new public school.
(2)
(a) The state board shall:
(i) adopt guidelines for public school construction; and
(ii) consult with the Division of Facilities Construction and Management Administration on proposed guidelines before adoption.
(b) The state board shall ensure that guidelines adopted under Subsection (2)(a)(i) maximize funds used for public school construction and reflect efficient and economic use of those funds, including adopting guidelines that address a school's essential needs rather than encouraging or endorsing excessive costs per square foot of construction or nonessential facilities, design, or furnishings.
(3) Before a school district or charter school may begin public school construction, the school district or charter school shall:
(a) review the guidelines adopted by the state board under this section; and
(b) take into consideration the guidelines when planning the public school construction.
(4) In adopting the guidelines for public school construction, the state board shall consider the following and adopt alternative guidelines as needed:
(a) location factors, including whether the school is in a rural or urban setting, and climate factors;
(b) variations in guidelines for significant or minimal projected student population growth;
(c) guidelines specific to schools that serve various populations and grades, including high schools, junior high schools, middle schools, elementary schools, alternative schools, and schools for people with disabilities; and
(d) year-round use.
(5) The guidelines shall address the following:
(a) square footage per student;
(b) minimum and maximum required real property for a public school;
(c) athletic facilities and fields, playgrounds, and hard surface play areas;
(d) cost per square foot;
(e) minimum and maximum qualities and costs for building materials;
(f) design efficiency;
(g) parking;
(h) furnishing;
(i) proof of compliance with applicable building codes; and
(j) safety.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 7 - School Construction › Section 704 - Restrictions on local school district procurement of architect-engineer services.

Effective 1/24/2018
53E-3-704.
Restrictions on local school district procurement of architect-engineer services.
(1) As used in this section, "architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102.
(2) When a local school district elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process:
(a) a higher education entity, or any part of one, may not submit a proposal in response to the state agency's competitive procurement process; and
(b) the local school district may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.
Renumbered and Amended 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 7 - School Construction › Section 705 - School plant capital outlay report.

Effective 5/5/2021
53E-3-705.
School plant capital outlay report.
(1) The state board shall prepare an annual school plant capital outlay report of all school districts, which includes information on the number and size of building projects completed and under construction.
(2) A school district or charter school shall prepare and submit an annual school plant capital outlay report to the state auditor on or before a date designated by the state auditor.
Amended by Chapter 84, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 7 - School Construction › Section 707 - School building construction and inspection manual -- Annual construction and inspection conference -- Verification of school construction inspections.

Effective 5/14/2019
53E-3-707.
School building construction and inspection manual -- Annual construction and inspection conference -- Verification of school construction inspections.
(1)
(a) The state board, through the state superintendent, shall develop and distribute to each school district a school building construction and inspection resource manual.
(b) The manual shall be provided to a charter school upon request of the charter school.
(2)
(a) The manual shall include:
(i) current legal requirements; and
(ii) information on school building construction and inspections, including the guidelines adopted by the state board in accordance with Section 53E-3-702.
(b) The state superintendent shall review and update the manual at least once every three years.
(3) The state board shall provide for an annual school construction conference to allow a representative from each school district and charter school to:
(a) receive current information on the design, construction, and inspection of school buildings;
(b) receive training on such matters as:
(i) using properly certified building inspectors;
(ii) filing construction inspection summary reports and the final inspection certification with the local governmental authority's building official;
(iii) the roles and relationships between a school district or charter school and the local governmental authority, either a county or municipality, as related to the construction and inspection of school buildings; and
(iv) adequate documentation of school building inspections; and
(c) provide input on any changes that may be needed to improve the existing school building inspection program.
(4) The state board shall develop a process to verify that inspections by qualified inspectors occur in each school district or charter school.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 7 - School Construction › Section 708 - Licensed architect to prepare plans.

Effective 1/24/2018
53E-3-708.
Licensed architect to prepare plans.
A licensed architect shall prepare the plans and specifications for the construction or alteration of school buildings.
Renumbered and Amended 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 7 - School Construction › Section 709 - Power of state board regarding expected federal aid to build schools.

Effective 5/14/2019
53E-3-709.
Power of state board regarding expected federal aid to build schools.
For the purpose of participating in any program of assistance by the government of the United States designed to aid the various states, their political subdivisions and their educational agencies and institutions in providing adequate educational buildings and facilities, the state board, with the approval of the governor, may do the following:
(1) It may develop and implement plans relating to the building of educational buildings for the use and benefit of school districts and educational institutions and agencies of the state. These plans may conform to the requirements of federal legislation to such extent as the state board finds necessary to qualify the state and its educational subdivisions, agencies, and institutions for federal educational building grants-in-aid.
(2) It may enter into agreements on behalf of the state, its school districts, and its educational agencies and institutions with the federal government and its agencies, and with the school districts, educational agencies, and institutions of the state, as necessary to comply with federal legislation and to secure for them rights of participation as necessary to fulfill the educational building needs of the state.
(3) It may accept, allocate, disburse, and otherwise deal with federal funds or other assets that are available for buildings from any federal legislation or program of assistance among the school districts, public educational agencies, and other public institutions eligible to participate in those programs.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 7 - School Construction › Section 711 - Required contract terms.

Effective 1/24/2018
53E-3-711.
Required contract terms.
A contract for the construction of a school building shall contain a clause that addresses the rights of the parties when, after the contract is executed, site conditions are discovered that:
(1) the contractor did not know existed, and could not have reasonably known existed, at the time that the contract was executed; and
(2) materially impacts the costs of construction.
Renumbered and Amended 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 8 - Implementing Federal or National Education Programs › Section 801 - Definitions.

Effective 5/14/2019
53E-3-801.
Definitions.
As used in this part:
(1)
(a) "Cost" means an estimation of state and local money required to implement a federal education agreement or national program.
(b) "Cost" does not include capital costs associated with implementing a federal education agreement or national program.
(2) "Education entities" means the entities that may bear the state and local costs of implementing a federal program or national program, including:
(a) the state board;
(b) the state superintendent;
(c) a local school board;
(d) a school district and its schools;
(e) a charter school governing board; and
(f) a charter school.
(3) "Federal education agreement" means a legally binding document or representation that requires a school official to implement a federal program or set of requirements that originates from the U.S. Department of Education and that has, as a primary focus, an impact on the educational services at a district or charter school.
(4) "Federal programs" include:
(a) the No Child Left Behind Act;
(b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and
(c) other federal educational programs.
(5) "National program" means a national or multi-state education program, agreement, or standards that:
(a) originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact;
(b) have, as a primary focus, an impact on the educational services at a public school; and
(c) are adopted by the state board or state superintendent with the intent to cause a local school official to implement the national or multi-state education program, agreement, or standards.
(6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.
(7) "School official" includes:
(a) the state board;
(b) the state superintendent;
(c) employees of the state board and the state superintendent;
(d) local school boards;
(e) school district superintendents and employees; and
(f) charter school governing board members, administrators, and employees.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 8 - Implementing Federal or National Education Programs › Section 803 - Notice of voidableness of federal education agreements or national programs.

Effective 1/24/2018
53E-3-803.
Notice of voidableness of federal education agreements or national programs.
A federal education agreement or national program that may cost education entities more than $500,000 annually from state and local money to implement, that is executed by a school official in violation of this part, is voidable by the governor or the Legislature as provided in this part.
Renumbered and Amended 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 8 - Implementing Federal or National Education Programs › Section 804 - Governor to approve federal education agreements or national programs.

Effective 1/24/2018
53E-3-804.
Governor to approve federal education agreements or national programs.
(1) Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $500,000 annually from state and local money to implement, a school official shall submit the proposed federal education agreement or national program to the governor for the governor's approval or rejection.
(2) The governor shall approve or reject each federal education agreement or national program.
(3)
(a) If the governor approves the federal education agreement or national program, the school official may execute the agreement.
(b) If the governor rejects the federal education agreement or national program, the school official may not execute the agreement.
(4) If a school official executes a federal education agreement or national program without obtaining the governor's approval under this section, the governor may issue an executive order declaring the federal education agreement or national program void.
Renumbered and Amended 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 8 - Implementing Federal or National Education Programs › Section 805 - Legislative review and approval of federal education agreements or national programs.

Effective 1/24/2018
53E-3-805.
Legislative review and approval of federal education agreements or national programs.
(1)
(a) Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $1,000,000 annually from state and local money to implement, the school official shall:
(i) submit the proposed federal education agreement or national program to the governor for the governor's approval or rejection as required by Section 53E-3-804; and
(ii) if the governor approves the federal education agreement or national program, submit the federal education agreement to the Executive Appropriations Committee of the Legislature for its review and recommendations.
(b) The Executive Appropriations Committee shall review the federal education agreement or national program and may:
(i) recommend that the school official execute the federal education agreement or national program;
(ii) recommend that the school official reject the federal education agreement or national program; or
(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the federal education agreement or national program.
(2)
(a) Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $5,000,000 annually to implement, a school official shall:
(i) submit the proposed federal education agreement or national program to the governor for the governor's approval or rejection as required by Section 53E-3-804; and
(ii) if the governor approves the federal education agreement or national program, submit the federal education agreement or national program to the Legislature for its approval in an annual general session or a special session.
(b)
(i) If the Legislature approves the federal education agreement or national program, the school official may execute the agreement.
(ii) If the Legislature rejects the federal education agreement or national program, the school official may not execute the agreement.
(c) If a school official executes a federal education agreement or national program without obtaining the Legislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the federal education agreement or national program void; or
(ii) the Legislature may pass a joint resolution declaring the federal education agreement or national program void.
Renumbered and Amended 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 8 - Implementing Federal or National Education Programs › Section 806 - Cost evaluation of federal education agreements or national programs.

Effective 1/24/2018
53E-3-806.
Cost evaluation of federal education agreements or national programs.
(1) Before legally binding the state to a federal education agreement or national program that may cost the state a total of $500,000 or more to implement, a school official shall estimate the state and local cost of implementing the federal education agreement or national program and submit that cost estimate to the governor and the Executive Appropriations Committee of the Legislature.
(2) The Executive Appropriations Committee may:
(a) direct its staff to make an independent cost estimate of the cost of implementing the federal education agreement or national program; and
(b) affirmatively adopt a cost estimate as the benchmark for determining which authorizations established by this part are necessary.
Renumbered and Amended 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 9 - Interstate Compact on Educational Opportunity for Military Children › Section 901 - Title -- Interstate Compact on Educational Opportunity for Military Children.

Effective 1/24/2018
53E-3-901.
Title -- Interstate Compact on Educational Opportunity for Military Children.
This part is known as the "Interstate Compact on Educational Opportunity for Military Children."
Renumbered and Amended by Chapter 1, 2018 General Session