53E-3-401.  Powers of the state board — Adoption of rules — Enforcement — Attorney.

(1)  As used in this section:

Terms Used In Utah Code 53E-3-401

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Public education code: means :
    (a) this title;
    (b) Title 53F, Public Education System -- Funding; and
    (c) Title 53G, Public Education System -- Local Administration. 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 board: means the State Board of Education. See Utah Code 53E-1-102
  • Statute: A law passed by a legislature.
    • (a)  “Education entity” means:

    (i)  an entity that receives a distribution of state funds through a grant program managed by the state board under this public education code;

    (ii)  an entity that enters into a contract with the state board to provide an educational good or service;

    (iii)  a school district;

    (iv)  a charter school; or

    (v)  a regional education service agency, as that term is defined in Section 53G-4-410.

    (b)  “Educational good or service” means a good or service that is required or regulated under:

    (i)  this public education code; or

    (ii)  a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and authorized under this public education code.

    • (2) 

    (a)  The state board has general control and supervision of the state’s public education system.

    (b)  “General control and supervision” as used in Utah Constitution, Article X, Section 3, means directed to the whole system.

    (3)  The state board may not govern, manage, or operate school districts, institutions, and programs, unless granted that authority by statute.

    (4) 

    (a)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board may make rules to execute the state board’s duties and responsibilities under the Utah Constitution and state law.

    (b)  The state board may delegate the state board’s statutory duties and responsibilities to state board employees.

    (5) 

    (a)  The state board may sell any interest it holds in real property upon a finding by the state board that the property interest is surplus.

    (b)  The state board may use the money it receives from a sale under Subsection (5)(a) for capital improvements, equipment, or materials, but not for personnel or ongoing costs.

    (c)  If the property interest under Subsection (5)(a) was held for the benefit of an agency or institution administered by the state board, the money may only be used for purposes related to the agency or institution.

    (d)  The state board shall advise the Legislature of any sale under Subsection (5)(a) and related matters during the next following session of the Legislature.

    (6)  The state board shall develop policies and procedures related to federal educational programs in accordance with 8.

    (7)  On or before December 31, 2010, the state board shall review mandates or requirements provided for in state board rule to determine whether certain mandates or requirements could be waived to remove funding pressures on public schools on a temporary basis.

    (8) 

    (a)  If an education entity violates this public education code or rules authorized under this public education code, the state board may, in accordance with the rules described in Subsection (8)(c):

    (i)  require the education entity to enter into a corrective action agreement with the state board;

    (ii)  temporarily or permanently withhold state funds from the education entity;

    (iii)  require the education entity to pay a penalty; or

    (iv)  require the education entity to reimburse specified state funds to the state board.

    (b)  Except for temporarily withheld funds, if the state board collects state funds under Subsection (8)(a), the state board shall pay the funds into the Uniform School Fund.

    (c)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:

    (i)  that require notice and an opportunity to be heard for an education entity affected by a state board action described in Subsection (8)(a); and

    (ii)  to administer this Subsection (8).

    (d) 

    (i)  An individual may bring a violation of statute or state board rule to the attention of the state board in accordance with a process described in rule adopted by the state board.

    (ii)  If the state board identifies a violation of statute or state board rule as a result of the process described in Subsection (8)(d)(i), the state board may take action in accordance with this section.

    (e)  The state board shall report criminal conduct of an education entity to the district attorney of the county where the education entity is located.

    (9)  The state board may audit the use of state funds by an education entity that receives those state funds as a distribution from the state board.

    (10)  The state board may require, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for an educational good or service, the LEA shall require in the contract that the third party contractor shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:

    (a)  this public education code; and

    (b)  state board rule authorized under this public education code.

    (11) 

    (a)  The state board may appoint an attorney to provide legal advice to the state board and coordinate legal affairs for the state board and the state board’s employees.

    (b)  An attorney described in Subsection (11)(a) shall cooperate with the Office of the Attorney General.

    (c)  An attorney described in Subsection (11)(a) may not:

    (i)  conduct litigation;

    (ii)  settle claims covered by the Risk Management Fund created in Section 63A-4-201; or

    (iii)  issue formal legal opinions.

    (12)  The state board shall ensure that any training or certification that an employee of the public education system is required to complete under this title or by rule complies with Title 63G, Chapter 22, State Training and Certification Requirements.

    Amended by Chapter 253, 2020 General Session
    Amended by Chapter 408, 2020 General Session

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