53E-3-805.  Legislative review and approval of federal education agreements or national programs.

(1) 

Terms Used In Utah Code 53E-3-805

  • Cost: means an estimation of state and local money required to implement a federal education agreement or national program. See Utah Code 53E-3-801
  • Education entities: means the entities that may bear the state and local costs of implementing a federal program or national program, including:
(a) the state board;
(b) the state superintendent;
(c) a local school board;
(d) a school district and its schools;
(e) a charter school governing board; and
(f) a charter school. See Utah Code 53E-3-801
  • Federal education agreement: means a legally binding document or representation that requires a school official to implement a federal program or set of requirements that originates from the U. See Utah Code 53E-3-801
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • National program: means a national or multi-state education program, agreement, or standards that:
    (a) originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact;
    (b) have, as a primary focus, an impact on the educational services at a public school; and
    (c) are adopted by the state board or state superintendent with the intent to cause a local school official to implement the national or multi-state education program, agreement, or standards. See Utah Code 53E-3-801
  • School official: includes :
    (a) the state board;
    (b) the state superintendent;
    (c) employees of the state board and the state superintendent;
    (d) local school boards;
    (e) school district superintendents and employees; and
    (f) charter school governing board members, administrators, and employees. See Utah Code 53E-3-801
  • 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
  • (a)  Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $1,000,000 annually from state and local money to implement, the school official shall:

    (i)  submit the proposed federal education agreement or national program to the governor for the governor’s approval or rejection as required by Section 53E-3-804; and

    (ii)  if the governor approves the federal education agreement or national program, submit the federal education agreement to the Executive Appropriations Committee of the Legislature for its review and recommendations.

    (b)  The Executive Appropriations Committee shall review the federal education agreement or national program and may:

    (i)  recommend that the school official execute the federal education agreement or national program;

    (ii)  recommend that the school official reject the federal education agreement or national program; or

    (iii)  recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the federal education agreement or national program.
  • (2) 

    (a)  Before legally binding the state by executing a federal education agreement or national program that may cost education entities more than $5,000,000 annually to implement, a school official shall:

    (i)  submit the proposed federal education agreement or national program to the governor for the governor’s approval or rejection as required by Section 53E-3-804; and

    (ii)  if the governor approves the federal education agreement or national program, submit the federal education agreement or national program to the Legislature for its approval in an annual general session or a special session.

    (b) 

    (i)  If the Legislature approves the federal education agreement or national program, the school official may execute the agreement.

    (ii)  If the Legislature rejects the federal education agreement or national program, the school official may not execute the agreement.

    (c)  If a school official executes a federal education agreement or national program without obtaining the Legislature’s approval under this Subsection (2):

    (i)  the governor may issue an executive order declaring the federal education agreement or national program void; or

    (ii)  the Legislature may pass a joint resolution declaring the federal education agreement or national program void.

    Renumbered and Amended by Chapter 1, 2018 General Session