Terms Used In Utah Code > Title 26B > Chapter 1 - Department of Health and Human Services

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Administrator: means an individual who supervises educators and holds an appropriate license issued by the state board. See Utah Code 53G-11-501
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Alternative classroom schedule: means a classroom schedule that is different than the schedule followed by other classrooms in the applicable school or LEA. See Utah Code 53G-10-601
• Alternative curriculum: means curriculum in one or more subject areas that is based on standards that are different than the standards:

  (a)	adopted by the state board; and

  (b)

  applicable to the regular curriculum offered in the subject area or areas in the applicable school or LEA. See Utah Code 53G-10-601 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Amortization: Paying off a loan by regular installments. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arrest: Taking physical custody of a person by lawful authority. Articles of incorporation: include : (a)  amended and restated articles of incorporation; (b)  articles of merger; and (c)  a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authorized entity: means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part. See Utah Code 53G-11-401 behind-the-wheel driving: means operating a dual-controlled motor vehicle under the supervision of a certified instructor. See Utah Code 53G-10-501 Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of: (a)  causing physical or emotional harm to the school employee or student; (b)  causing damage to the school employee's or student's property; (c)  placing the school employee or student in reasonable fear of: (i)  harm to the school employee's or student's physical or emotional well-being; or (ii)  damage to the school employee's or student's property; (d)  creating a hostile, threatening, humiliating, or abusive educational environment due to: (i)  the pervasiveness, persistence, or severity of the actions; or (ii)  a power differential between the bully and the target; or (e)  substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601 Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201. See Utah Code 53G-11-401 Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102 Career educator: means a licensed employee who has a reasonable expectation of continued employment under the policies of a local school board. See Utah Code 53G-11-501 Career employee: means an employee of a school district who has obtained a reasonable expectation of continued employment based upon Section 53G-11-503 and an agreement with the employee or the employee's association, district practice, or policy. See Utah Code 53G-11-501 Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1 Commission: means the Public Service Commission. See Utah Code 54-2-1 Commissioner: means a member of the commission. See Utah Code 54-2-1 Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501 Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Communication: means the conveyance of a message, whether verbal, written, or electronic. See Utah Code 53G-9-601 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities. Contract: A legal written agreement that becomes binding when signed. Contract employee: means an employee of a staffing service or other entity who works at a public or private school under a contract. See Utah Code 53G-11-401 Conviction: A judgement of guilt against a criminal defendant. Corporal punishment: means the intentional infliction of physical pain upon the body of a student as a disciplinary measure. See Utah Code 53G-8-301 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1 County legislative body: means :Utah Code 68-3-12.5 Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102 Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301 Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1 Dependency: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: district: means : (a)  a public school district; or (b)  the Utah Schools for the Deaf and the Blind. See Utah Code 53G-11-501 Donor: The person who makes a gift. Driver education: includes classroom instruction and driving and observation in a dual-controlled motor vehicle. See Utah Code 53G-10-501 educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 53G-11-301 Educator: means an individual employed by a school district who is required to hold a professional license issued by the state board, except: (a)  a superintendent; or (b)  an individual who works less than three hours per day or is hired for less than half of a school year. See Utah Code 53G-11-501 Electric plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power. See Utah Code 54-2-1 Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1 Eligible customer: means a person who: (a)  on December 31, 2013: (i)  was a customer of a public utility that, on December 31, 2013, had more than 200,000 retail customers in this state; and (ii)  owned an electric plant that is an electric generation plant that, on December 31, 2013, had a generation name plate capacity of greater than 150 megawatts; and (b)  produces electricity: (i)  from a qualifying power production facility for sale to a public utility in this state; (ii)  primarily for the eligible customer's own use; or (iii)  for the use of the eligible customer's tenant or affiliate. See Utah Code 54-2-1 Employee: means a career or provisional employee of a school district, except as provided in Subsection (7)(b). See Utah Code 53G-11-501 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. FBI: means the Federal Bureau of Investigation. See Utah Code 53G-11-401 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501 Gas corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any gas plant for public service within this state or for the selling or furnishing of natural gas to any consumer or consumers within the state for domestic, commercial, or industrial use, except in the situation that: (a)  gas is made or produced on, and distributed by the maker or producer through, private property: (i)  solely for the maker's or producer's own use or the use of the maker's or producer's tenants; and (ii)  not for sale to others; (b)  gas is compressed on private property solely for the owner's own use or the use of the owner's employees as a motor vehicle fuel; or (c)  gas is compressed by a retailer of motor vehicle fuel on the retailer's property solely for sale as a motor vehicle fuel. See Utah Code 54-2-1 Gas plant: includes all real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of gas, natural or manufactured, for light, heat, or power. See Utah Code 54-2-1 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that: (i)  (A)  endangers the mental or physical health or safety of a school employee or student; (B)  involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements; (C)  involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or (D)  involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and (ii)  (A)  is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or (B)  is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601 Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection 53G-9-304(2)(a). See Utah Code 53G-9-301 Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301 Heat corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any heating plant for public service within this state. See Utah Code 54-2-1 Heating plant: includes all real estate, fixtures, machinery, appliances, and personal property controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of artificial heat. See Utah Code 54-2-1 Highway: includes :Utah Code 68-3-12.5 Immunization record: means a record relating to a student that includes: (a)  information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by: (i)  a licensed health care provider; (ii)  an authorized representative of a local health department; (iii)  an authorized representative of the department; (iv)  a registered nurse; or (v)  a pharmacist; (b)  information regarding each disease against which the student has been immunized by previously contracting the disease; and (c)  an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. See Utah Code 53G-9-301 immunize: means a process through which an individual develops an immunity to a disease, through vaccination or natural exposure to the disease. See Utah Code 53G-9-301 Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434 Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1 Independent power production facility: means a facility that: (a)  produces electric energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; or (b)  is a qualifying power production facility. See Utah Code 54-2-1 Innovation grant: means a grant of money under Section 53G-10-608 to pay for some or all innovation program costs. See Utah Code 53G-10-601 Innovation program: means a program establishing an alternative classroom schedule or an alternative curriculum, or both. See Utah Code 53G-10-601 Innovation program application: means an application: (a)  proposing the implementation of an innovation program; and (b)  submitted under Section 53G-10-603 to the LEA governing board for the LEA in which the innovation program is proposed. See Utah Code 53G-10-601 Innovation program costs: means costs occasioned by an innovation program that exceed costs of a class that is not subject to an innovation program. See Utah Code 53G-10-601 Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. 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. Land: includes :Utah Code 68-3-12.5 Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1 Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1 Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 53G-8-701 LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legally responsible individual: means : (a)  a student's parent; (b)  the student's legal guardian; (c)  an adult brother or sister of a student who has no legal guardian; or (d)  the student, if the student: (i)  is an adult; or (ii)  is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License applicant: includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license. See Utah Code 53G-11-401 Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as: (a)  a medical doctor; (b)  an osteopathic doctor; (c)  a physician assistant; or (d)  an advanced practice registered nurse. See Utah Code 53G-9-301 Lien: A claim against real or personal property in satisfaction of a debt. Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 53G-9-301 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501 Neglect: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Non-licensed employee: means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure. See Utah Code 53G-11-401 Nonutility energy supplier: means a person that: (a)  has received market-based rate authority from the Federal Energy Regulatory Commission in accordance with 16 U. See Utah Code 54-2-1 Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Opportunity class: means a school class within the public education system that implements an innovation program. See Utah Code 53G-10-601 Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year. Oversight: Committee review of the activities of a Federal agency or program. Participating student: means a K-12 student who participates in an opportunity class under an approved innovation program. See Utah Code 53G-10-601 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. person: includes all individuals, corporations, partnerships, associations, trusts, and companies and their lessees, trustees, and receivers. See Utah Code 54-2-2 Person: means :Utah Code 68-3-12.5 Personal identifying information: means : (a)  current name, former names, nicknames, and aliases; (b)  date of birth; (c)  address; (d)  telephone number; (e)  driver license number or other government-issued identification number; (f)  social security number; and (g)  fingerprints. See Utah Code 53G-11-401 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Physical escort: means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location. See Utah Code 53G-8-301 Physical restraint: means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student's arms, legs, body, or head freely. See Utah Code 53G-8-301 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Policy: means an LEA governing board policy described in Section 53G-9-605. See Utah Code 53G-9-601 Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including: (a)  an annual report; (b)  an application for a certificate of authority; or (c)  a notice of change of principal office. See Utah Code 16-10a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes : (a)  a civil suit; (b)  arbitration or mediation; and (c)  a criminal, administrative, or investigatory action. See Utah Code 16-10a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provisional educator: means an educator employed by a school district who has not achieved status as a career educator within the school district. See Utah Code 53G-11-501 Provisional employee: means an individual, other than a career employee or a temporary employee, who is employed by a school district. See Utah Code 53G-11-501 Public education suicide prevention coordinator: means the public education suicide prevention coordinator described in Section 53G-9-702. See Utah Code 53G-9-601 v2 Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1 Qualified individual: means an individual who: (a)  at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department; (b)  (i)  is in the custody of the department or a division of the department; and (ii)  is placed in a residential placement by the department or a division of the department; (c)  at the time that the individual dies, has an open case for the receipt of child welfare services, including: (i)  an investigation for abuse, neglect, or dependency; (ii)  foster care; (iii)  in-home services; or (iv)  substitute care; (d)  had an open case for the receipt of child welfare services within one year before the day on which the individual dies; (e)  was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if: (i)  the department or a division of the department is aware of the death; and (ii)  the death is reported as a homicide, suicide, or an undetermined cause; (f)  received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual: (i)  lived in the individual's home at the time of death; and (ii)  the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; (g)  dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death; (h)  is a child who: (i)  suffers a near fatality; and (ii)  is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including: (A)  an investigation for abuse, neglect, or dependency; (B)  foster care; (C)  in-home services; or (D)  substitute care; or (i)  is designated as a qualified individual by the executive director. See Utah Code 26B-1-501 Qualifying power production facility: means a facility that: (a)  produces electrical energy solely by the use, as a primary energy source, of biomass, waste, a renewable resource, a geothermal resource, or any combination of the preceding sources; (b)  has a power production capacity that, together with any other facilities located at the same site, is no greater than 80 megawatts; and (c)  is a qualifying small power production facility under federal law. See Utah Code 54-2-1 Qualifying private school: means a private school that: (a)  enrolls students under 3; and (b)  is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401 Quorum: The number of legislators that must be present to do business. Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1 Railroad corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any railroad for public service within this state. See Utah Code 54-2-1 Rap back system: means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system. See Utah Code 53G-11-401 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Required vaccines: means vaccines required by department rule described in Section 53G-9-305. See Utah Code 53G-9-301 Road: includes :Utah Code 68-3-12.5 School: means a public or private elementary school, secondary school, or preschool. See Utah Code 53G-8-301 School: means any public or private: (a)  elementary or secondary school through grade 12; (b)  preschool; (c)  child care program, as that term is defined in Section 26B-2-401; (d)  nursery school; or (e)  kindergarten. See Utah Code 53G-9-301 School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601 School board: means a local school board or, for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53G-11-501 School employee: means an individual working in the individual's official capacity as: (a)  a school teacher; (b)  a school staff member; (c)  a school administrator; or (d)  an individual: (i)  who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and (ii)  who works on a school campus. See Utah Code 53G-9-601 School safety specialist: means a school employee who is responsible for supporting school safety initiatives including the threat assessment described in Subsection 53G-8-802(2)(g)(i). See Utah Code 53G-8-701 Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for: (a)  the preparation and maintenance of: (i)  minutes of the meetings of the board of directors and of the shareholders; and (ii)  the other records and information required to be kept by the corporation by Section 16-10a-830; and (b)  authenticating records of the corporation. See Utah Code 16-10a-102 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sewerage corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any sewerage system for public service within this state. See Utah Code 54-2-1 Shareholder: means : (i)  the person in whose name a share is registered in the records of a corporation; or (ii)  the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 SRO: means a law enforcement officer, as defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts with an LEA to provide law enforcement services for the LEA. See Utah Code 53G-8-701 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 suicide prevention coordinator: means the state suicide prevention coordinator described in Section 62A-15-1101. See Utah Code 53G-9-601 v2 State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53G-9-601 v2 Statute: A law passed by a legislature. Student: means an individual who is: (a)  under the age of 19 and receiving educational services; or (b)  under the age of 23 and receiving educational services as an individual with a disability. See Utah Code 53G-8-301 Student: means an individual who attends a school. See Utah Code 53G-9-301 Subpoena: A command to a witness to appear and give testimony. Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501 Summative evaluation: means the annual evaluation that summarizes an educator's performance during a school year and that is used to make decisions related to the educator's employment. See Utah Code 53G-11-501 Swear: includes "affirm. See Utah Code 68-3-12.5 Telegraph corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any telegraph line for public service within this state. See Utah Code 54-2-1 Telegraph line: includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telegraph, whether that communication be had with or without the use of transmission wires. See Utah Code 54-2-1 Telephone cooperative: means a telephone corporation that: (a)  is a cooperative; and (b)  is organized for the purpose of providing telecommunications service to the telephone corporation's members and the public at cost plus a reasonable rate of return. See Utah Code 54-2-1 Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1 Temporary employee: means an individual who is employed on a temporary basis as defined by policies adopted by the school board. See Utah Code 53G-11-501 term of employment: means the period of time during which an employee is engaged by the school district under a contract of employment, whether oral or written. See Utah Code 53G-11-501 termination: means : (a)  termination of the status of employment of an employee; (b)  failure to renew or continue the employment contract of a career employee beyond the then-current school year; (c)  reduction in salary of an employee not generally applied to all employees of the same category employed by the school district during the employee's contract term; or (d)  change of assignment of an employee with an accompanying reduction in pay, unless the assignment change and salary reduction are agreed to in writing. See Utah Code 53G-11-501 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported, and the receipt, carriage, and delivery of that person and that person's baggage. See Utah Code 54-2-1 Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and hauling, and the transmission of credit by express companies. See Utah Code 54-2-1 Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsatisfactory performance: means a deficiency in performing work tasks that may be: (i)  due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and (ii)  remediated through training, study, mentoring, or practice. See Utah Code 53G-11-501 Utility vehicle charging service: means the furnishing of electricity: (a)  to an electric vehicle battery charging station; (b)  by a public utility in whose service area the charging station is located; and (c)  pursuant to a duly established tariff for rates, charges, and conditions of service for the electricity. See Utah Code 54-2-1 Utility-owned vehicle charging infrastructure: means all facilities, equipment, and electrical systems owned and installed by a large-scale electric utility: (a)  on the customer's side or the large-scale electric utility's side of the electricity metering equipment; and (b)  to facilitate utility vehicle charging service or other electric vehicle battery charging service. See Utah Code 54-2-1 vaccination: means the administration of a vaccine. See Utah Code 53G-9-301 Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301 Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301 Water corporation: includes every corporation and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any water system for public service within this state. See Utah Code 54-2-1 Water system: includes all reservoirs, tunnels, shafts, dams, dikes, headgates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing, carriage, appointment, apportionment, or measurement of water for power, fire protection, irrigation, reclamation, or manufacturing, or for municipal, domestic, or other beneficial use. See Utah Code 54-2-1 Wholesale electrical cooperative: includes every electrical corporation that is: (a)  in the business of the wholesale distribution of electricity it has purchased or generated to its members and the public; and (b)  required to distribute or allocate savings in excess of additions to reserves and surplus to members or patrons on the basis of patronage. See Utah Code 54-2-1 WIN Database: means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database. See Utah Code 53G-11-401 Writing: includes :Utah Code 68-3-12.5