Effective 7/1/2023
53B-16-102. Changes in curriculum — Substantial alterations in institutional operations — Program approval — Periodic review of programs — Career and technical education curriculum changes.
| (1) |
As used in this section:
Terms Used In Utah Code 53B-16-102 v2- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Career and technical education: means an educational program that:Utah Code 53B-1-101.5
- Contract: A legal written agreement that becomes binding when signed.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Technical education: means career and technical education that:Utah Code 53B-1-101.5
| (a) |
“Institution of higher education” means an institution described in Section 53B-1-102. |
| (b) |
“Program of instruction” means a program of curriculum that leads to the completion of a degree, diploma, certificate, or other credential. |
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| (2) |
Under procedures and policies approved by the board and developed in consultation with each institution of higher education, each institution of higher education may make such changes in the institution of higher education’s curriculum as necessary to better effectuate the institution of higher education’s primary role. |
| (3) |
The board shall establish criteria for whether an institution of higher education may approve a new program of instruction, including criteria related to whether:
| (a) |
the program of instruction meets identified workforce needs; |
| (b) |
the institution of higher education is maximizing collaboration with other institutions of higher education to provide for efficiency in offering the program of instruction; |
| (c) |
the new program of instruction is within the institution of higher education’s mission and role; and |
| (d) |
the new program of instruction meets other criteria determined by the board. |
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| (4) |
| (a) |
Except as provided in Subsection (4)(b), without the approval of the board, an institution of higher education may not:
| (i) |
establish a branch, extension center, college, or professional school; or |
| (ii) |
establish a new program of instruction. |
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| (b) |
An institution of higher education may, with the approval of the institution of higher education’s board of trustees, establish a new program of instruction that meets the criteria described in Subsection (3), subject to board review for pathway articulation. |
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| (5) |
| (a) |
An institution of higher education shall notify the board of a proposed new program of instruction, including how the proposed new program of instruction meets the criteria described in Subsection (3). |
| (b) |
The board shall establish procedures and guidelines for institutional boards of trustees to consider an institutional proposal for a new program of instruction described in Subsection (4)(b). |
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| (6) |
| (a) |
The board shall conduct a periodic review of all new programs of instruction, including those funded by gifts, grants, and contracts, no later than two years after the first cohort to begin the program of instruction completes the program of instruction. |
| (b) |
The board may conduct a periodic review of any program of instruction at an institution of higher education, including a program of instruction funded by a gift, grant, or contract. |
| (c) |
The board shall conduct:
| (i) |
at least once every seven years, at least one review described in Subsection (6)(b) of each program of instruction at each institution; and |
| (ii) |
annually, a qualitative and quantitative review of academic disciplines across the system, including enrollment, graduation rates, and workforce placement, ensuring that the board conducts a review of all disciplines within the system at least once every seven years. |
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| (d) |
Following a review described in this Subsection (6) and after providing the relevant institution of higher education an opportunity to respond to the board’s review of a given program of instruction, the board may modify, consolidate, or terminate the program of instruction. |
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| (7) |
In making decisions related to career and technical education curriculum changes, the board shall coordinate on behalf of the boards of trustees of higher education institutions a review of the proposed changes by the State Board of Education to ensure an orderly and systematic career and technical education curriculum that eliminates overlap and duplication of course work with high schools and technical colleges. |
Amended by Chapter 254, 2023 General Session
