reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 2 - Student Privacy › Section 202 - Application of state and federal law to the administration and operation of public schools -- Local school board and charter school governing board policies.

Effective 5/14/2019
53E-9-202.
Application of state and federal law to the administration and operation of public schools -- Local school board and charter school governing board policies.
(1) As used in this section "education entity" means:
(a) the state board;
(b) a local school board or charter school governing board;
(c) a school district;
(d) a public school; or
(e) the Utah Schools for the Deaf and the Blind.
(2) An education entity and an employee, student aide, volunteer, third party contractor, or other agent of an education entity shall protect the privacy of a student, the student's parents, and the student's family and support parental involvement in the education of their children through compliance with the protections provided for family and student privacy under this part and the Family Educational Rights and Privacy Act and related provisions under 20 U.S.C. Secs. 1232g and 1232h, in the administration and operation of all public school programs, regardless of the source of funding.
(3) A local school board or charter school governing board shall enact policies governing the protection of family and student privacy as required by this part.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 2 - Student Privacy › Section 204 - Access to education records -- Training requirement -- Certification.

Effective 5/14/2019
53E-9-204.
Access to education records -- Training requirement -- Certification.
(1) As used in this section, "education record" means the same as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
(2) A local school board or charter school governing board shall require each public school to:
(a) create and maintain a list that includes the name and position of each school employee who the public school authorizes, in accordance with Subsection (4), to have access to an education record; and
(b) provide the list described in Subsection (2)(a) to the school's local school board or charter school governing board.
(3) A local school board or charter school governing board shall:
(a) provide training on student privacy laws; and
(b) require a school employee on the list described in Subsection (2) to:
(i) complete the training described in Subsection (3)(a); and
(ii) provide to the local school board or charter school governing board a certified statement, signed by the school employee, that certifies that the school employee completed the training described in Subsection (3)(a) and that the school employee understands student privacy requirements.
(4)
(a) Except as provided in Subsection (4)(b), a local school board, charter school governing board, public school, or school employee may only share an education record with a school employee if:
(i) that school employee's name is on the list described in Subsection (2); and
(ii) federal and state privacy laws authorize the education record to be shared with that school employee.
(b) A local school board, charter school governing board, public school, or school employee may share an education record with a school employee if the board, school, or employee obtains written consent from:
(i) the parent of the student to whom the education record relates, if the student is younger than 18 years old; or
(ii) the student to whom the education record relates, if the student is 18 years old or older.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 2 - Student Privacy › Section 205 - Parental right to student information.

Effective 2/16/2023
53E-9-205.
Parental right to student information.
(1) As used in this section:
(a) "Education record" means the same as that term is defined in Section 53E-9-204.
(b) "Gender identity" means the same as that term is defined in Section 34A-5-102.
(c) "Parent" means a parent or legal guardian with legal custody of the child in question.
(d) "Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.
(2) In accordance with Section 53E-2-201, each school and each local governing board shall ensure that no policy or action of the school or LEA:
(a) except as provided in Subsection 53E-9-203(6), operates to shield a student's education record from the student's parent; and
(b) interferes with a parent's:
(i) fundamental parental right and primary responsibility to direct the education of the parent's child; and
(ii) freedom of access to information regarding the parent's child.
(3) Notwithstanding any other provision of law, a school or LEA may not:
(a) prohibit a parent of a child from accessing the child's education record; or
(b) without written parental consent make changes to a student's education record regarding a student's gender identity that does not conform with the student's sex.
Enacted by Chapter 13, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 303 - Local student data protection governance.

Effective 5/14/2019
53E-9-303.
Local student data protection governance.
(1) An LEA shall adopt policies to protect student data in accordance with this part and state board rule, taking into account the specific needs and priorities of the LEA.
(2)
(a) An LEA shall designate an individual to act as a student data manager to fulfill the responsibilities of a student data manager described in Section 53E-9-308.
(b) If possible, an LEA shall designate the LEA's records officer as defined in Section 63G-2-103, as the student data manager.
(3) An LEA shall create and maintain an LEA:
(a) data governance plan; and
(b) metadata dictionary.
(4) An LEA shall establish an external research review process for a request for data for the purpose of external research or evaluation.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 304 - Student data ownership and access -- Notification in case of significant data breach.

Effective 5/12/2020
53E-9-304.
Student data ownership and access -- Notification in case of significant data breach.
(1)
(a) A student owns the student's personally identifiable student data.
(b) An education entity shall allow the following individuals to access a student's student data that is maintained by the education entity:
(i) the student's parent;
(ii) the student; and
(iii) in accordance with the education entity's internal policy described in Section 53E-9-303 and in the absence of a parent, an individual acting as a parent to the student.
(2)
(a) If a significant data breach occurs at an education entity, the education entity shall notify:
(i) the student, if the student is an adult student; or
(ii) the student's parent, if the student is not an adult student.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to define a significant data breach described in Subsection (2)(a).
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 306 - Using and expunging student data -- Rulemaking -- Disciplinary records.

Effective 5/12/2020
53E-9-306.
Using and expunging student data -- Rulemaking -- Disciplinary records.
(1) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules regarding using and expunging student data, including:
(a) a categorization of disciplinary records that includes the following levels of maintenance:
(i) one year;
(ii) three years; and
(iii) in accordance with Subsection (3), as determined by the education entity;
(b) the types of student data that may be expunged, including:
(i) medical records; and
(ii) behavioral test assessments;
(c) the types of student data that may not be expunged, including:
(i) grades;
(ii) transcripts;
(iii) a record of the student's enrollment; and
(iv) assessment information; and
(d) the timeline and process for a prior student or parent of a prior student to request that an education entity expunge all of the prior student's student data.
(2) In accordance with state board rule, an education entity may create and maintain a disciplinary record for a student.
(3)
(a) As recognized in Section 53E-9-304, and to ensure maximum student data privacy, an education entity shall, in accordance with state board rule, expunge a student's student data that is stored by the education entity.
(b) An education entity shall retain and dispose of records in accordance with Section 63G-2-604 and state board rule.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 307 - Securing and cataloguing student data.

Effective 5/3/2023
53E-9-307.
Securing and cataloguing student data.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
(1) using reasonable data industry best practices, prescribe the maintenance and protection of stored student data by:
(a) an education entity;
(b) the Utah Registry of Autism and Developmental Disabilities, described in Section 26B-7-115, for student data obtained under Section 53E-9-308; and
(c) a third-party contractor; and
(2) state requirements for an education entity's metadata dictionary.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 310 - Penalties.

Effective 5/14/2019
53E-9-310.
Penalties.
(1)
(a) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part:
(i) except as provided in Subsection (1)(b), may not enter into a future contract with an education entity;
(ii) may be required by the state board to pay a civil penalty of up to $25,000; and
(iii) may be required to pay:
(A) the education entity's cost of notifying parents and students of the unauthorized sharing or use of student data; and
(B) expenses incurred by the education entity as a result of the unauthorized sharing or use of student data.
(b) An education entity may enter into a contract with a third-party contractor that knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:
(i) the state board or education entity determines that the third-party contractor has corrected the errors that caused the unauthorized collecting, sharing, or use of student data; and
(ii) the third-party contractor demonstrates:
(A) if the third-party contractor is under contract with an education entity, current compliance with this part; or
(B) an ability to comply with the requirements of this part.
(c) The state board may assess the civil penalty described in Subsection (1)(a)(ii) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) The state board may bring an action in the district court of the county in which the office of the state board is located, if necessary, to enforce payment of the civil penalty described in Subsection (1)(a)(ii).
(e) An individual who knowingly or intentionally permits unauthorized collecting, sharing, or use of student data may be found guilty of a class A misdemeanor.
(2)
(a) A parent or adult student may bring an action in a court of competent jurisdiction for damages caused by a knowing or reckless violation of Section 53E-9-309 by a third-party contractor.
(b) If the court finds that a third-party contractor has violated Section 53E-9-309, the court may award to the parent or student:
(i) damages; and
(ii) costs.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 2 - Adult Education › Section 202 - State board to supervise.

Effective 5/14/2019
53E-10-202.
State board to supervise.
(1) The general control and supervision, but not the direct management, of adult education is vested in the state board.
(2) The state board has the following powers:
(a) makes and enforces rules to organize, conduct, and supervise adult education;
(b) appoints state staff for the adult education program, establishes their duties, and fixes their compensation;
(c) determines the qualifications of, and issues teaching certificates to, persons employed to give adult education instruction; and
(d) determines the basis of apportionment and distributes funds made available for adult education.
(3)
(a) The state board shall make rules providing for the establishment of fees which shall be imposed by local school boards for participation in adult education programs.
(b) A fee structure for adult education shall take into account the ability of a Utah resident who participates in adult education to pay the fees.
(c) Sections 53G-7-504 and 53G-7-505 pertaining to fees and fee waivers in secondary schools do not apply to adult education.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 2 - Adult Education › Section 203 - Director of adult education.

Effective 5/14/2019
53E-10-203.
Director of adult education.
(1) Upon recommendation of the state superintendent, the state board may appoint a full-time director for adult education to work under the supervision of the state board.
(2) The director may coordinate the adult education program authorized under Sections 53E-10-202 through 53E-10-206 with other adult education programs.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 2 - Adult Education › Section 204 - Local school boards' authority to direct adult education programs.

Effective 7/1/2019
53E-10-204.
Local school boards' authority to direct adult education programs.
A local school board may do the following:
(1) establish and maintain classes for adult education, with classes being held at times and places convenient and accessible to the members of the class;
(2) raise and appropriate funds for an adult education program;
(3) subject to Section 53E-10-202 determine fees for participation in an adult education program; and
(4) hire persons to instruct adult education classes.
Amended by Chapter 223, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 2 - Adult Education › Section 205 - Eligibility.

Effective 5/14/2019
53E-10-205.
Eligibility.
(1) Adult education classes are open to an individual 16 years of age or over and to an individual who has completed high school.
(2) Eligible nonresidents of the state shall be charged tuition at least equal to that charged nonresident students for similar classes at a local or nearby state college or university, unless waived in whole or in part by the local school board in an open meeting.
(3) The district superintendent may, upon the recommendation of an authorized representative of the Division of Child and Family Services, exempt an adult domiciled in Utah from the payment of adult education fees.
Amended by Chapter 57, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 2 - Adult Education › Section 206 - Salaries -- Costs.

Effective 5/14/2019
53E-10-206.
Salaries -- Costs.
(1) Salaries and other necessary expenses of the state adult education staff shall be paid from funds appropriated for adult education.
(2) The state board shall determine the terms and conditions of payment.
(3) A local school board shall pay all costs incident to the local administration and operation of its adult education program.
(4) The local school board shall submit reports required by the state board for the administration of adult education.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 301 - Definitions.

Effective 5/5/2021
53E-10-301.
Definitions.
As used in this part:
(1) "Career and technical education course" means a concurrent enrollment course in career and technical education, as determined by the policy established by the Utah Board of Higher Education under Section 53E-10-302.
(2) "Concurrent enrollment" means enrollment in a course offered through the concurrent enrollment program described in Section 53E-10-302.
(3) "Educator" means the same as that term is defined in Section 53E-6-102.
(4) "Eligible instructor" means an instructor who meets the requirements described in Subsection 53E-10-302(6).
(5) "Eligible student" means a student who:
(a)
(i) is enrolled in, and counted in average daily membership in, a public school within the state; or
(ii) is in the custody of the Division of Juvenile Justice Services and subject to the jurisdiction of the Youth Parole Authority;
(b) has on file a plan for college and career readiness as described in Section 53E-2-304; and
(c) is in grade 9, 10, 11, or 12.
(6) "Institution of higher education" means an institution described in Subsection 53B-1-102(1)(a).
(7) "License" means the same as that term is defined in Section 53E-6-102.
(8) "Local education agency" or "LEA" means a school district or charter school.
(9) "Qualifying experience" means an LEA employee's experience in an academic field that:
(a) qualifies the LEA employee to teach a concurrent enrollment course in the academic field; and
(b) may include the LEA employee's:
(i) number of years teaching in the academic field;
(ii) holding a higher level secondary teaching credential issued by the state board;
(iii) research, publications, or other scholarly work in the academic field;
(iv) continuing professional education in the academic field;
(v) portfolio of work related to the academic field; or
(vi) professional work experience or certifications in the academic field.
(10) "Value of the weighted pupil unit" means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program.
Amended by Chapter 379, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 303 - Designated institution of higher education -- Concurrent enrollment course right of first refusal.

Effective 5/3/2023
53E-10-303.
Designated institution of higher education -- Concurrent enrollment course right of first refusal.
(1) As used in this section, "designated institution of higher education" means an institution of higher education that is designated by the Utah Board of Higher Education to provide a course or program of study within a specific geographic region.
(2) To offer a concurrent enrollment course, an LEA shall contact the LEA's designated institution of higher education to request that the designated institution of higher education contract with the LEA to provide the concurrent enrollment course.
(3) Except as provided in Subsection (4), if the LEA's designated institution of higher education chooses to offer the concurrent enrollment course, the LEA shall contract with the LEA's designated institution of higher education to provide the concurrent enrollment course.
(4) An LEA may contract with an institution of higher education that is not the LEA's designated institution of higher education to provide a concurrent enrollment course if the LEA's designated institution of higher education:
(a) chooses not to offer the concurrent enrollment course proposed by the LEA;
(b) fails to respond to the LEA's request under Subsection (2) within 30 days after the day on which the LEA contacts the designated institution of higher education;
(c) uses instructional materials in a course that are sensitive materials, as defined in Section 53G-10-103, or that are materials otherwise prohibited by state law or state board rule for use in kindergarten through grade 12; or
(d)
(i) reaches the institution of higher education's enrolled student capacity for the concurrent enrollment course; and
(ii) prohibits an LEA with an eligible instructor, as described in Section 53E-10-302, from expanding the concurrent enrollment course to eligible students.
Amended by Chapter 172, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 304 - Concurrent enrollment participation form -- Parental permission.

Effective 7/1/2020
53E-10-304.
Concurrent enrollment participation form -- Parental permission.
(1) The Utah Board of Higher Education shall create a higher education concurrent enrollment participation form that includes a parental permission form.
(2) Before allowing an eligible student to participate in concurrent enrollment, an LEA and an institution of higher education shall ensure that the eligible student has, for the current school year:
(a) submitted the participation form described in Subsection (1);
(b) signed an acknowledgment of program participation requirements; and
(c) obtained parental permission as indicated by the signature of a student's parent on the parental permission form.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 305 - Tuition and fees.

Effective 7/1/2020
53E-10-305.
Tuition and fees.
(1) Except as provided in this section, the Utah Board of Higher Education or an institution of higher education may not charge tuition or fees for a concurrent enrollment course.
(2)
(a) The Utah Board of Higher Education may charge a one-time fee for a student to participate in the concurrent enrollment program.
(b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general admission application fee requirement for a full-time or part-time student at an institution of higher education.
(3)
(a) An institution of higher education may charge a one-time admission application fee for concurrent enrollment course credit offered by the institution of higher education.
(b) Payment of the fee described in Subsection (3)(a) satisfies the general admission application fee requirement for a full-time or part-time student at an institution of higher education.
(4)
(a) Except as provided in Subsection (4)(b), an institution of higher education may charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course for which a student earns college credit.
(b) An institution of higher education may not charge more than:
(i) $5 per credit hour for an eligible student who qualifies for free or reduced price school lunch;
(ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by an eligible instructor described in Subsection 53E-10-302(6)(b); or
(iii) $15 per credit hour for a concurrent enrollment course that is taught through video conferencing.
(5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as defined in Section 53G-7-601, that is required for a concurrent enrollment course.
Amended by Chapter 220, 2020 General Session
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 306 - Funding.

Effective 1/24/2018
53E-10-306.
Funding.
Unless otherwise specified, the provisions of this part and Section 53F-2-409 govern concurrent enrollment funding.
Enacted by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 307 - Concurrent enrollment courses for accelerated foreign language students.

Effective 7/1/2023
53E-10-307.
Concurrent enrollment courses for accelerated foreign language students.
(1) As used in this section:
(a) "Accelerated foreign language student" means an eligible student who has passed a world language Advanced Placement exam.
(b) "Blended learning delivery model" means an education delivery model in which a student learns, at least in part:
(i) through online learning with an element of student control over time, place, path, and pace; and
(ii) in the physical presence of an instructor.
(c) "State university" means an institution of higher education that offers courses leading to a bachelor's degree.
(2) The University of Utah shall partner with all state universities to develop, as part of the concurrent enrollment program described in this part, concurrent enrollment courses that:
(a) are age-appropriate foreign language courses for accelerated foreign language students;
(b) count toward a foreign language degree offered by an institution of higher education; and
(c) are delivered:
(i) using a blended learning delivery model; and
(ii) by an eligible instructor described in Subsection 53E-10-302(6)(a).
(3) Subject to budget constraints, in addition to the base increases described in Section 53F-2-208, the Legislature shall annually increase the money appropriated for concurrent enrollment courses for accelerated foreign language students in proportion to the percentage increase over the previous school year in the value of the weighted pupil unit.
Amended by Chapter 129, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 3 - Concurrent Enrollment › Section 308 - Reporting.

Effective 7/1/2020
53E-10-308.
Reporting.
The state board and the Utah Board of Higher Education shall submit an annual written report to the Higher Education Appropriations Subcommittee and in accordance with Section 53E-1-203 on student participation in the concurrent enrollment program, including:
(1) data on the higher education tuition not charged due to the hours of higher education credit granted through concurrent enrollment;
(2) tuition or fees charged under Section 53E-10-305;
(3) an accounting of the money appropriated for concurrent enrollment; and
(4) a justification of the distribution method described in Subsections 53F-2-409(3)(d) and (e).
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 7 - ULEAD › Section 701 - Definitions.

Effective 5/4/2022
53E-10-701.
Definitions.
As used in this part:
(1) "Director" means the director of ULEAD appointed under this part.
(2) "Director Selection Committee" or "selection committee" means the committee created in Section 53E-10-704 that appoints the director.
(3) "Local education agency" or "LEA" means a public:
(a) school district;
(b) school; or
(c) charter school.
(4) "Participating institution" means a public or private research institution that enters into an arrangement with the director to provide research and other services described in this part.
(5) "Research clearinghouse" means a collection of information maintained and distributed by ULEAD in accordance with Section 53E-10-706.
(6) "Steering committee" means the committee that:
(a) advises the director;
(b) sets research priorities as described in this part; and
(c) is created in Section 53E-10-707.
(7) "ULEAD" means Utah Leading through Effective, Actionable, and Dynamic Education through the efforts of the director, participating institutions, and the steering committee as described in this part.
Amended by Chapter 401, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 7 - ULEAD › Section 702 - ULEAD established -- Duties -- Funding.

Effective 5/4/2022
53E-10-702.
ULEAD established -- Duties -- Funding.
There is created the Utah Leading through Effective, Actionable, and Dynamic Education, a collaborative effort in research and innovation between the director, participating institutions, and education leaders to:
(1) gather and explain current education research in an electronic research clearinghouse for use by practitioners;
(2) initiate and disseminate research reports on innovative and successful practices by Utah LEAs, and guided by the steering committee, practitioners, and policymakers;
(3) promote statewide innovation and collaboration by:
(a) identifying experts in areas of practice;
(b) conducting conferences, webinars, and online forums for practitioners; and
(c) facilitating direct collaboration between schools; and
(4)
(a) report to the Education Interim Committee and policymakers on innovative and successful K-12 practices in Utah and other states, prioritizing practices in Utah; and
(b) in the report, propose policy changes to remove barriers to implementation of successful practices.
Amended by Chapter 401, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 7 - ULEAD › Section 705 - Participating institutions.

Effective 5/12/2020
53E-10-705.
Participating institutions.
(1) The director may arrange or collaborate with a participating institution:
(a) to conduct an innovative practice report or provide other research services, including research regarding barriers to adoption of practices studied by ULEAD;
(b) to assist an LEA to:
(i) facilitate communities of practice for replication or adaptation of best practices identified by ULEAD; and
(ii) advise teachers and school leaders on conducting their own research to improve education practices;
(c) to assist an LEA with an application to the state board for waiver from a state board rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in accordance with Section 53G-7-202 to allow replication or adaptation of best practices; or
(d) for any other purpose that is consistent with and advances the director's duties and functions.
(2) An agreement entered into by a participating institution with the state board or an LEA to perform ULEAD work shall:
(a) include provisions allowing and governing external research data sharing; and
(b) comply with state and federal law.
(3) The director shall support federal and private research funding requests by a participating institution for research that is in support of the director's duties and functions.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 10 - Other Programs › Part 7 - ULEAD › Section 706 - Electronic resources -- Research clearinghouse.

Effective 7/1/2022
53E-10-706.
Electronic resources -- Research clearinghouse.
(1) The state board shall publish a ULEAD website containing information provided by the director as described in this part.
(2) The director shall within two years of appointment:
(a) develop and maintain a research clearinghouse publicly available through the website described in Subsection (1); and
(b) include in the research clearinghouse:
(i) research on K-12 education, including peer-reviewed research;
(ii) information on K-12 education innovation and best practices;
(iii) an index and explanation of academic, state, federal, or other K-12 education research repositories;
(iv) K-12 education research and policy briefs generated by Utah public and private institutions of higher education, including participating institutions, categorized and searchable by topic;
(v) access points to and explanation of currently available K-12 education data, including data managed by the Utah Data Research Center created in Section 53B-33-201 and data maintained by the state board;
(vi) other K-12 education information as determined by the director, including information regarding efforts by institutions or other individuals to promote innovative and effective education practices in Utah; and
(vii) each innovative practice report prepared by ULEAD, categorized and searchable by topic, location of the studied LEA, and socioeconomic and demographic profile.
(3) The director shall publish:
(a) as identified in ULEAD research and reports, an electronic directory of:
(i) K-12 education experts; and
(ii) LEAs described in Subsection 53E-10-703(5)(b); and
(b) a monthly report to LEAs, via electronic channels provided by the state board, highlighting ULEAD activities and soliciting proposals from education practitioners for ULEAD research and reports.
(4) The director may provide electronic seminars or forums for professional learning regarding subjects of ULEAD research and reports to K-12 practitioners.
Amended by Chapter 401, 2022 General Session
Amended by Chapter 461, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 101 - Title.

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

Effective 1/24/2018
53F-1-102.
Public education code definitions.
The terms defined in Section 53E-1-102 apply to this title.
Enacted by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 104 - Education monitoring and funds management.

Effective 5/5/2021
53F-1-104.
Education monitoring and funds management.
(1) As used in this section:
(a) "Allocable cost" means a cost for goods or services that are chargeable or assignable to a state award or cost objective in accordance with relative benefits an LEA receives.
(b) "Reasonable cost" means a cost that, in nature and amount, does not exceed an amount that a prudent person would incur under the circumstances prevailing at the time the decision was made to incur the cost.
(c) "State award" means:
(i) money that the Legislature appropriates to state education programs for an LEA's use; or
(ii) a grant that the state board awards to an LEA as part of a state education program.
(2) Except as otherwise provided in this public education code, the state board shall monitor state-funded education programs and the expenditure of state funds in accordance with this section.
(3) Except as otherwise authorized by statute, the state board shall not allow a cost under state awards, unless:
(a) the cost is necessary and reasonable for, and allocable to, the performance of the state award;
(b) the cost conforms to any limitations or exclusions that apply uniformly to the LEA's other activities;
(c) the LEA accorded the cost consistent treatment among programs;
(d) the LEA determined the cost in accordance with generally accepted accounting principles;
(e) the LEA adequately documented the cost; and
(f) the LEA incurred the cost during the approved budget period.
(4) In determining whether a cost is a reasonable cost, the state board shall consider:
(a) whether the cost is of a type generally recognized as ordinary for:
(i) the operation of the LEA; or
(ii) the proper and efficient performance of the state award;
(b) the restraints or requirements imposed by:
(i) sound business practices;
(ii) arm's length bargaining;
(iii) federal, state, local, tribal, or other laws and regulations; and
(iv) the state award's restrictions and conditions;
(c) market prices for comparable goods or services in the geographic area;
(d) whether an individual involved in a decision to incur the cost acted with prudence in the circumstances considering the individual's responsibilities to:
(i) the LEA;
(ii) the LEA's employees;
(iii) the LEA's students;
(iv) the public; and
(v) the state government; and
(e) whether the LEA significantly deviated from the LEA's established practices and policies concerning incurring costs so that the costs the LEA incurs for the performance of the state award are unjustifiably increased.
(5) The state board shall determine that a cost is an allocable cost if:
(a) the LEA incurred the cost specifically for the state award;
(b) the cost:
(i) benefits both the state award and the LEA's other work; and
(ii) can be distributed in proportions that may be approximated using reasonable methods; and
(c) the cost is necessary to the overall operation of the LEA and is assignable in part to the state award.
Enacted by Chapter 308, 2021 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 1 - General Provisions › Section 103 - Purpose of chapter.

Effective 1/24/2018
53F-2-103.
Purpose of chapter.
(1) The purpose of this chapter is to provide a minimum school program for the state in accordance with the constitutional mandate. It recognizes that all children of the state are entitled to reasonably equal educational opportunities regardless of their place of residence in the state and of the economic situation of their respective school districts or other agencies.
(2) It further recognizes that although the establishment of an educational system is primarily a state function, school districts should be required to participate on a partnership basis in the payment of a reasonable portion of the cost of a minimum program.
(3) It is also the purpose of this chapter to describe the manner in which the state and the school districts shall pay their respective share of the costs of a minimum program. This chapter also recognizes that each locality should be empowered to provide educational facilities and opportunities beyond the minimum program and accordingly provide a method whereby that latitude of action is permitted and encouraged.
Renumbered and Amended by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 201 - Cost of operation and maintenance of Minimum School Program -- Division between state and school districts.

Effective 5/8/2018
53F-2-201.
Cost of operation and maintenance of Minimum School Program -- Division between state and school districts.
(1) The total cost of operation and maintenance of the Minimum School Program in the state is divided between the state and school districts as follows:
(a) Each school district shall impose a minimum basic tax rate on all taxable, tangible property in the school district and shall contribute the tax proceeds toward the cost of the basic program as provided in this chapter.
(b) Each school district may also impose a levy under Section 53F-8-301 or 53F-8-302 for the purpose of participating in the respective local levy state guarantee programs described in Section 53F-2-601.
(c) The state shall contribute the balance of the total costs.
(2) The contributions by the school districts and by the state are computed separately for the purpose of determining their respective contributions to:
(a) the basic program; and
(b) the local levy state guarantee programs described in Section 53F-2-601.
Renumbered and Amended by Chapter 2, 2018 General Session
Amended by Chapter 456, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 203 - Reduction of LEA governing board allocation based on insufficient revenues.

Effective 3/24/2022
53F-2-203.
Reduction of LEA governing board allocation based on insufficient revenues.
(1) As used in this section, "Minimum School Program funds" means the total of state and local funds appropriated for the Minimum School Program, excluding:
(a) an appropriation for a state guaranteed local levy increment as described in Section 53F-2-601; and
(b) the appropriation to charter schools to replace local property tax revenues pursuant to Section 53F-2-704.
(2) If the Legislature reduces appropriations made to support public schools under this chapter because an Income Tax Fund budget deficit, as defined in Section 63J-1-312, exists, the state board, after consultation with each LEA governing board, shall allocate the reduction among school districts and charter schools in proportion to each school district's or charter school's percentage share of Minimum School Program funds.
(3) Except as provided in Subsection (5) and subject to the requirements of Subsection (7), an LEA governing board shall determine which programs are affected by a reduction pursuant to Subsection (2) and the amount each program is reduced.
(4) Except as provided in Subsections (5) and (6), the requirement to spend a specified amount in any particular program is waived if reductions are made pursuant to Subsection (2).
(5) An LEA governing board may not reduce or reallocate spending of funds distributed to the school district or charter school for the following programs:
(a) educator salary adjustments provided in Section 53F-2-405;
(b) the Teacher Salary Supplement Program provided in Section 53F-2-504;
(c) the extended year for special educators provided in Section 53F-2-310;
(d) the School LAND Trust Program described in Sections 53F-2-404 and 53G-7-1206; or
(e) a special education program within the basic school program.
(6) An LEA governing board may not reallocate spending of funds distributed to the school district or charter school to a reserve account.
(7) An LEA governing board that reduces or reallocates funds in accordance with this section shall report all transfers into, or out of, Minimum School Program programs to the state board as part of the school district or charter school's Annual Financial and Program report.
Amended by Chapter 456, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 204 - Use of funds for approved programs -- Assessment of funded programs.

Effective 5/14/2019
53F-2-204.
Use of funds for approved programs -- Assessment of funded programs.
(1) Funds appropriated under this chapter shall only be used for programs approved by the state board.
(2) The state board shall assess the progress and degree of effectiveness of all programs funded under this chapter.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 206 - Flexibility in the use of certain related to basic program funds.

Effective 5/5/2021
53F-2-206.
Flexibility in the use of certain related to basic program funds.
(1) As used in this section, "qualifying program" means:
(a) the Enhancement for Accelerated Students Program created in Section 53F-2-408;
(b) the early college programs described in Section 53F-2-408.5; and
(c) the concurrent enrollment program established in Section 53E-10-302.
(2) If a school district or charter school receives an allocation of state funds for a qualifying program that is less than $10,000, the LEA governing board of the receiving school district or charter school may:
(a)
(i) combine the funds with one or more qualifying program fund allocations each of which is less than $10,000; and
(ii) use the combined funds in accordance with the program requirements for any of the qualifying programs that are combined; or
(b)
(i) transfer the funds to a qualifying program for which the school district or charter school received an allocation of funds that is greater than or equal to $10,000; and
(ii) use the combined funds in accordance with the program requirements for the qualifying program to which the funds are transferred.
Amended by Chapter 319, 2021 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 207 - Loss in student enrollment -- Board action.

Effective 5/14/2019
53F-2-207.
Loss in student enrollment -- Board action.
To avoid penalizing a school district financially for an excessive loss in student enrollment due to factors beyond its control, the state board may allow a percentage increase in units otherwise allowable during any year when a school district's average daily membership drops more than 4% below the average for the highest two of the preceding three years in the school district.
Amended by Chapter 186, 2019 General Session