53B-2a-106.  Technical colleges — Duties.

(1)  Each technical college shall, within the geographic area served by the technical college:

Terms Used In Utah Code 53B-2a-106

  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Competency-based: means mastery of subject matter or skill level, as demonstrated through business and industry approved standards and assessments, achieved through participation in a hands-on learning environment, and which is tied to observable, measurable performance objectives. See Utah Code 53B-2a-101
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
  • Technical education: means career and technical education that:Utah Code 53B-1-101.5
(a)  offer technical education programs;

(b)  offer a program described in Subsection (1)(a) at:

(i)  low cost to adult students, as approved by the board; and

(ii)  no tuition to secondary students;

(c)  develop cooperative agreements with school districts, charter schools, other higher education institutions, businesses, industries, and community and private agencies to maximize the availability of instructional facilities within the geographic area served by the technical college; and

(d)  after consulting with school districts and charter schools within the geographic area served by the technical college:

(i)  ensure that secondary students in the public education system have access to technical education at the technical college; and

(ii)  prepare and submit an annual report to the board detailing:

(A)  how the technical education needs of secondary students within the region are being met;

(B)  what access secondary students within the region have to programs offered at the technical college;

(C)  how the technical college emphasizes high demand, high wage, high skill jobs in business and industry; and

(D)  student tuition and fees.

(2)  A technical college may offer:

(a)  a competency-based high school diploma approved by the State Board of Education in accordance with Section 53E-3-501;

(b)  basic instruction in areas such as reading, language arts, and mathematics that are necessary for student success in a chosen technical education or job-related program;

(c)  courses of interest when similar offerings to the community are limited and courses are financially self-supporting; and

(d)  secondary school level courses through the Statewide Online Education Program in accordance with Section 53F-4-504.

(3)  Except as provided in Subsection (2)(d), a technical college may not:

(a)  offer courses other than technical education or the basic instruction described in Subsections (2)(b) and (c);

(b)  offer a degree;

(c)  offer technical education or basic instruction outside the geographic area served by the technical college without a cooperative agreement between an affected institution of higher education, except as provided in Subsection (5);

(d)  provide tenure or academic rank for its instructors; or

(e)  participate in intercollegiate athletics.

(4)  The mission of a technical college is limited to technical education and may not expand to include academic programs that lead to a degree.

(5) 

(a)  A technical college may offer technical education or basic instruction outside the geographic area served by the technical college without a cooperative agreement, as required in Subsection (3)(c), if:

(i)  the technical education or basic instruction is specifically requested by:

(A)  an employer; or

(B)  a craft, trade, or apprenticeship program;

(ii)  the technical college notifies the affected institution about the request; and

(iii)  the affected institution is given an opportunity to make a proposal, prior to any contract being finalized or training being initiated by the technical college, to the employer, craft, trade, or apprenticeship program about offering the requested technical education or basic instruction, provided that the proposal shall be presented no later than one business week from the delivery of the notice described under Subsection (5)(a)(ii).

(b)  The requirements under Subsection (5)(a)(iii) do not apply if there is a prior training relationship.

Amended by Chapter 365, 2020 General Session