Terms Used In Utah Code > Title 53E > Chapter 3 - State Board of Education Organization, Powers, and Duties

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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.
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
• 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.
• 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
• Covered voter: means an individual who:

  (a)	satisfies Utah's voter eligibility requirements that do not relate to residency;

  (b)	is not registered to vote in a state other than Utah;

  (c)	is absent from the United States on the day of the election; and

  (d)

  (i)  is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual: (A)  is a uniformed service voter; or (B)  temporarily resides outside the United States; (ii)  is a foreign United States citizen who: (A)  before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and (B)  did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or (iii)  is a foreign United States citizen: (A)  who has never registered to vote in a state other than Utah; (B)  who has never established a principal place of residence in the United States; and (C)  whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102 Dependent: A person dependent for support upon another. 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 Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102 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. 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 Federal programs: include : (a)  the No Child Left Behind Act; (b)  the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and (c)  other federal educational programs. See Utah Code 53E-3-801 Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102 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. Fraud: Intentional deception resulting in injury to another. 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 Joint resolution: A legislative measure which requires the approval of both chambers. 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 LEA governing board: means : (a)  for a school district, the local school board; (b)  for a charter school, the charter school governing board; or (c)  for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local school board: means a board elected under 2. See Utah Code 53E-1-102 Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102 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 No Child Left Behind Act: means the No Child Left Behind Act of 2001, 20 U. See Utah Code 53E-3-801 Oversight: Committee review of the activities of a Federal agency or program. Parent: means a parent or legal guardian. See Utah Code 53E-1-102 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: means :Utah Code 68-3-12.5 Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102 Quorum: The number of legislators that must be present to do business. Recess: A temporary interruption of the legislative business. Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102 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. Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 Service of process: The service of writs or summonses to the appropriate party. 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102 State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102 State board: means the State Board of Education. See Utah Code 53E-1-102 State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Uniformed service: means : (a)  active and reserve components of the armed forces as defined in Section 68-3-12. See Utah Code 20A-16-102 Uniformed services: means :Utah Code 68-3-12.5 United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102 Vacancy: means : (a)  except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or (b)  in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102 Voter: means an individual who: (a)  meets the requirements for voting in an election; (b)  meets the requirements of election registration; (c)  is registered to vote; and (d)  is listed in the official register book. See Utah Code 20A-1-102 Writing: includes :Utah Code 68-3-12.5