LEGISLATIVE GENERAL COUNSEL H.B. 278
6 Approved for Filing: J.V. Hulten 6
6 01-12-24 4:55 PM 6
1 INMATE EDUCATION AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Melissa G. Ballard
5 Senate Sponsor: Luz Escamilla
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to postsecondary education for inmates enrolled in
10 institutions of higher education.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < directs the Higher Education and Corrections Council to facilitate postsecondary
15 education for inmates housed in county jails;
16 < directs the Utah Board of Higher Education to assign student success advisors to
17 correctional facilities;
18 < requires an institution of higher education to consider an inmate a state resident for
19 tuition purposes;
20 < requires the Department of Corrections to:
21 C publish a notice informing an individual depositing money into an inmate's
22 account that a process exists for the individual to review the inmate's financial
23 records; and
24 C provide certain assistance to an inmate participating in postsecondary certificate
25 or degree program;
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26 < includes reporting requirements; and
27 < makes technical changes.
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28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 53B-1-402, as last amended by Laws of Utah 2023, Chapter 254
35 53B-8-102, as last amended by Laws of Utah 2023, Chapters 44, 50
36 53B-35-101, as enacted by Laws of Utah 2022, Chapter 147
37 53B-35-202, as enacted by Laws of Utah 2022, Chapter 147
38 64-13-6, as last amended by Laws of Utah 2023, Chapter 177
39 64-13-23, as last amended by Laws of Utah 2021, Chapter 260
40 64-13-42, as last amended by Laws of Utah 2018, Chapter 415
41 64-13-48, as enacted by Laws of Utah 2022, Chapter 144
42 ENACTS:
43 53B-35-301, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 53B-1-402 is amended to read:
47 53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
48 (1) (a) There is established the Utah Board of Higher Education, which:
49 (i) is the governing board for the institutions of higher education;
50 (ii) controls, oversees, and regulates the Utah system of higher education in a manner
51 consistent with the purpose of this title and the specific powers and responsibilities granted to
52 the board; and
53 (b) (i) The University of Utah shall provide administrative support for the board.
54 (ii) Notwithstanding Subsection (1)(b)(i), the board shall maintain the board's
55 independence, including in relation to the powers and responsibilities granted to the board.
56 (2) The board shall:
57 (a) establish and promote a state-level vision and goals for higher education that
58 emphasize data-driven retrospective and prospective system priorities, including:
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59 (i) quality;
60 (ii) affordability;
61 (iii) access and equity;
62 (iv) completion;
63 (v) workforce alignment and preparation for high-quality jobs; and
64 (vi) economic growth;
65 (b) establish system policies and practices that advance the vision and goals;
66 (c) establish metrics to demonstrate and monitor:
67 (i) performance related to the goals; and
68 (ii) performance on measures of operational efficiency;
69 (d) collect and analyze data including economic data, demographic data, and data
70 related to the metrics;
71 (e) govern data quality and collection across institutions;
72 (f) establish, approve, and oversee each institution's mission and role in accordance
73 with Section 53B-16-101;
74 (g) assess an institution's performance in accomplishing the institution's mission and
75 role;
76 (h) participate in the establishment and review of programs of instruction in accordance
77 with Section 53B-16-102;
78 (i) perform the following duties related to an institution of higher education president,
79 including:
80 (i) appointing an institution of higher education president in accordance with Section
81 53B-2-102;
82 (ii) through the commissioner and the board's executive committee:
83 (A) providing support and guidance to an institution of higher education president; and
84 (B) evaluating an institution of higher education president based on institution
85 performance and progress toward systemwide priorities;
86 (iii) setting the terms of employment for an institution of higher education president,
87 including performance-based compensation, through an employment contract or another
88 method of establishing employment; and
89 (iv) establishing, through a public process, a statewide succession plan to develop
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90 potential institution presidents from within the system;
91 (j) create and implement a strategic finance plan for higher education, including by:
92 (i) establishing comprehensive budget and finance priorities for academic education
93 and technical education;
94 (ii) allocating statewide resources to institutions;
95 (iii) setting tuition for each institution;
96 (iv) administering state financial aid programs;
97 (v) administering performance funding in accordance with Chapter 7, Part 7,
98 Performance Funding; and
99 (vi) developing a strategic capital facility plan and prioritization process in accordance
100 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
101 (k) create and annually report to the Higher Education Appropriations Subcommittee
102 on a seamless articulated education system for Utah students that responds to changing
103 demographics and workforce, including by:
104 (i) providing for statewide prior learning assessment, in accordance with Section
105 53B-16-110;
106 (ii) establishing and maintaining clear pathways for articulation and transfer, in
107 accordance with Section 53B-16-105;
108 (iii) establishing degree program requirement guidelines, including credit hour limits;
109 (iv) aligning general education requirements across degree-granting institutions;
110 (v) coordinating and incentivizing collaboration and partnerships between institutions
111 in delivering programs;
112 (vi) coordinating distance delivery of programs;
113 (vii) coordinating work-based learning; and
114 (viii) emphasizing the system priorities and metrics described in Subsections (2)(a) and
115 (c);
116 (l) coordinate with the public education system:
117 (i) regarding public education programs that provide postsecondary credit or
118 certificates; and
119 (ii) to ensure that an institution of higher education providing technical education
120 serves secondary students in the public education system;
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121 (m) delegate to an institution board of trustees certain duties related to institution
122 governance including:
123 (i) guidance and support for the institution president;
124 (ii) effective administration;
125 (iii) the institution's responsibility for contributing to progress toward achieving
126 systemwide goals; and
127 (iv) other responsibilities determined by the board;
128 (n) delegate to an institution of higher education president management of the
129 institution of higher education;
130 (o) consult with an institution of higher education board of trustees or institution of
131 higher education president before acting on matters pertaining to the institution of higher
132 education;
133 (p) maximize efficiency throughout the Utah system of higher education by identifying
134 and establishing shared administrative services, beginning with:
135 (i) commercialization;
136 (ii) services for compliance with Title IX of the Education Amendments of 1972, 20
137 U.S.C. Sec. 1681 et seq.;
138 (iii) information technology services; and
139 (iv) human resources, payroll, and benefits administration;
140 (q) develop strategies for providing higher education, including career and technical
141 education, in rural areas;
142 (r) manage and facilitate a process for initiating, prioritizing, and implementing
143 education reform initiatives, beginning with common applications and direct admissions;
144 (s) provide ongoing quality review of programs[; and];
145 (t) before each annual legislative general session, provide to the Higher Education
146 Appropriations Subcommittee a prioritization of all projects and proposals for which the board
147 or an institution of higher education seeks an appropriation[.]; and
148 (u) coordinate with the Department of Corrections to establish educational programs
149 for inmates as described in Section 64-13-6.
150 (3) The board shall submit an annual report of the board's activities and performance
151 against the board's goals and metrics to:
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152 (a) the Education Interim Committee;
153 (b) the Higher Education Appropriations Subcommittee;
154 (c) the governor; and
155 (d) each institution of higher education.
156 (4) The board shall prepare and submit an annual report detailing the board's progress
157 and recommendations on workforce related issues, including career and technical education, to
158 the governor and to the [Legislature's] Education Interim Committee by October 31 of each
159 year, including information detailing:
160 (a) how institutions of higher education are meeting the career and technical education
161 needs of secondary students;
162 (b) how the system emphasized high demand, high wage, and high skill jobs in
163 business and industry;
164 (c) performance outcomes, including:
165 (i) entered employment;
166 (ii) job retention; and
167 (iii) earnings;
168 (d) an analysis of workforce needs and efforts to meet workforce needs; and
169 (e) student tuition and fees.
170 (5) The board may modify the name of an institution of higher education to reflect the
171 role and general course of study of the institution.
172 (6) The board may not take action relating to merging a technical college with another
173 institution of higher education without legislative approval.
174 (7) This section does not affect the power and authority vested in the State Board of
175 Education to apply for, accept, and manage federal appropriations for the establishment and
176 maintenance of career and technical education.
177 (8) The board shall ensure that any training or certification that an employee of the
178 higher education system is required to complete under this title or by board rule complies with
179 Title 63G, Chapter 22, State Training and Certification Requirements.
180 (9) The board shall adopt a policy requiring institutions to provide at least three work
181 days of paid bereavement leave for an employee:
182 (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
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183 or
184 (b) following the end of another individual's pregnancy by way of a miscarriage or
185 stillbirth, if:
186 (i) the employee is the individual's spouse or partner;
187 (ii) (A) the employee is the individual's former spouse or partner; and
188 (B) the employee would have been a biological parent of a child born as a result of the
189 pregnancy;
190 (iii) the employee provides documentation to show that the individual intended for the
191 employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
192 as a result of the pregnancy; or
193 (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
194 8, Gestational Agreement, the employee would have been a parent of a child born as a result of
195 the pregnancy.
196 Section 2. Section 53B-8-102 is amended to read:
197 53B-8-102. Definitions -- Resident student status -- Exceptions.
198 (1) As used in this section:
199 (a) "Eligible person" means an individual who is entitled to post-secondary educational
200 benefits under Title 38 U.S.C., Veterans' Benefits.
201 (b) "Immediate family member" means an individual's spouse or dependent child.
202 (c) "Inmate" means the same as that term is defined in Section 64-13-1.
203 [(c)] (d) "Military service member" means an individual who:
204 (i) is serving on active duty in the United States Armed Forces within the state of Utah;
205 (ii) is a member of a reserve component of the United States Armed Forces assigned in
206 Utah;
207 (iii) is a member of the Utah National Guard; or
208 (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
209 outside of Utah pursuant to federal permanent change of station orders.
210 [(d)] (e) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
211 [(e)] (f) "Parent" means a student's biological or adoptive parent.
212 (2) The meaning of "resident student" is determined by reference to the general law on
213 the subject of domicile, except as provided in this section.
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214 (3) (a) Institutions within the state system of higher education may grant resident
215 student status to any student who has come to Utah and established residency for the purpose of
216 attending an institution of higher education, and who, prior to registration as a resident student:
217 (i) has maintained continuous Utah residency status for one full year;
218 (ii) has signed a written declaration that the student has relinquished residency in any
219 other state; and
220 (iii) has submitted objective evidence that the student has taken overt steps to establish
221 permanent residency in Utah and that the student does not maintain a residence elsewhere.
222 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
223 (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
224 high school in the past 12 months;
225 (ii) a Utah voter registration dated a reasonable period prior to application;
226 (iii) a Utah driver license or identification card with an original date of issue or a
227 renewal date several months prior to application;
228 (iv) a Utah vehicle registration dated a reasonable period prior to application;
229 (v) evidence of employment in Utah for a reasonable period prior to application;
230 (vi) proof of payment of Utah resident income taxes for the previous year;
231 (vii) a rental agreement showing the student's name and Utah address for at least 12
232 months prior to application; and
233 (viii) utility bills showing the student's name and Utah address for at least 12 months
234 prior to application.
235 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
236 resident of Utah is not eligible to apply for resident student status.
237 (4) Except as provided in Subsection (8), an institution within the state system of
238 higher education may establish stricter criteria for determining resident student status.
239 (5) If an institution does not have a minimum credit-hour requirement, that institution
240 shall honor the decision of another institution within the state system of higher education to
241 grant a student resident student status, unless:
242 (a) the student obtained resident student status under false pretenses; or
243 (b) the facts existing at the time of the granting of resident student status have changed.
244 (6) Within the limits established in [Title 53B, Chapter 8, Tuition Waiver and
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245 Sc