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.

Terms Used In Utah Code 53E-3-303

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • LEA: means :
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • 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
  • State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
    • (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

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