Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 229
                        ADMINISTRATIVE RULES AMENDMENTS
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Jacob L. Anderegg
                                 House Sponsor: Marc K. Roberts
 6
 LONG TITLE
 General Description:
          This bill modifies provisions relating to administrative rulemaking.
 Highlighted Provisions:
          This bill:
          < creates and modifies definitions;
          < creates a director position within the Office of Administrative Rules and defines the
 duties of the director;
          < requires the Office of Administrative Rules to make administrative rules regarding
 the administrative rulemaking process;
          < modifies the duties of the executive director of the Department of Administrative
 Rules;
          < clarifies that rulemaking grants in education related sections are subject to the Utah
 Administrative Rulemaking Act; and
          < makes technical changes.
 Money Appropriated in this Bill:
          None
 Other Special Clauses:
          None
 Utah Code Sections Affected:
 AMENDS:
          53E-1-102, as last amended by Laws of Utah 2019, Chapter 186
          53E-3-401, as last amended by Laws of Utah 2019, Chapter 186
     S.B. 229                                                                Enrolled Copy
     53E-3-503, as last amended by Laws of Utah 2019, Chapters 186 and 187
     53E-3-505, as last amended by Laws of Utah 2019, Chapters 186 and 226
     53E-3-508, as last amended by Laws of Utah 2019, Chapter 186
     53E-3-512, as last amended by Laws of Utah 2019, Chapter 186
     53E-3-516, as last amended by Laws of Utah 2019, Chapters 186 and 324
     53E-3-519, as enacted by Laws of Utah 2019, Chapter 41
     53E-4-205, as last amended by Laws of Utah 2019, Chapter 186
     53E-4-206, as last amended by Laws of Utah 2019, Chapter 186
     53E-4-302, as last amended by Laws of Utah 2019, Chapter 186
     53E-4-408, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-202, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-301, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-305, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-306, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-308, as last amended by Laws of Utah 2019, Chapter 186
     53E-5-309, as last amended by Laws of Utah 2019, Chapter 186
     53E-6-201, as last amended by Laws of Utah 2019, Chapter 186
     53E-6-301, as last amended by Laws of Utah 2019, Chapter 186
     53E-6-302, as last amended by Laws of Utah 2019, Chapter 186
     53E-6-902, as last amended by Laws of Utah 2019, Chapter 186
     53E-6-903, as renumbered and amended by Laws of Utah 2019, Chapter 487
     53E-8-204, as last amended by Laws of Utah 2019, Chapters 186, 314, and 324
     53E-8-401, as last amended by Laws of Utah 2019, Chapters 186 and 314
     53E-8-409, as last amended by Laws of Utah 2019, Chapters 186 and 314
     53E-9-301, as last amended by Laws of Utah 2019, Chapters 87, 175, 186, and 342
     53E-9-302, as last amended by Laws of Utah 2019, Chapter 186
     53E-9-304, as last amended by Laws of Utah 2019, Chapter 186
     53E-9-306, as last amended by Laws of Utah 2019, Chapter 186
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      Enrolled Copy                                                                  S.B. 229
       53E-9-307, as last amended by Laws of Utah 2019, Chapter 186
       53E-10-703, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53E-10-705, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-303, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-304, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-305, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-307, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-309, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53F-2-404, as last amended by Laws of Utah 2019, Chapters 186 and 191
       53F-2-405, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-409, as last amended by Laws of Utah 2019, Chapters 136 and 186
       53F-2-415, as enacted by Laws of Utah 2019, Chapter 446
       53F-2-416, as enacted by Laws of Utah 2019, Chapter 505
       53F-2-417, as enacted by Laws of Utah 2019, Chapter 408
       53F-2-502, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-503, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53F-2-506, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-508, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53F-2-510, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53F-2-511, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-512, as last amended by Laws of Utah 2019, Chapters 186 and 324
       53F-2-513, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-514, as last amended by Laws of Utah 2019, Chapter 186
       53F-2-520, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
 amended by Laws of Utah 2019, Chapter 408
       53F-4-205, as last amended by Laws of Utah 2019, Chapter 186
       53F-4-304, as last amended by Laws of Utah 2019, Chapter 186
       53F-4-305, as last amended by Laws of Utah 2019, Chapter 186
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      S.B. 229                                                               Enrolled Copy
     53F-4-514, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-201, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-202, as last amended by Laws of Utah 2019, Chapters 186 and 283
     53F-5-204, as last amended by Laws of Utah 2019, Chapters 186 and 324
     53F-5-205, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-209, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-210, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-212, as enacted by Laws of Utah 2019, Chapter 173
     53F-5-406, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-502, as last amended by Laws of Utah 2019, Chapter 186
     53F-5-506, as last amended by Laws of Utah 2019, Chapters 186 and 324
     53F-5-603, as last amended by Laws of Utah 2019, Chapter 186
     53F-9-401, as last amended by Laws of Utah 2019, Chapter 186
     53G-4-410, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-205, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-304, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-406, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-501, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-503, as last amended by Laws of Utah 2019, Chapter 293
     53G-5-504, as last amended by Laws of Utah 2019, Chapter 293
     53G-6-302, as last amended by Laws of Utah 2019, Chapters 293 and 316
     53G-6-504, as last amended by Laws of Utah 2019, Chapter 293
     53G-6-702, as last amended by Laws of Utah 2019, Chapter 293
     53G-6-803, as last amended by Laws of Utah 2019, Chapters 202 and 293
     53G-7-306, as last amended by Laws of Utah 2019, Chapter 293
     53G-7-503, as last amended by Laws of Utah 2019, Chapters 223 and 293
     53G-7-504, as last amended by Laws of Utah 2019, Chapters 223 and 293
     53G-7-1004, as last amended by Laws of Utah 2019, Chapter 293
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      Enrolled Copy                                                               S.B. 229
    53G-7-1206, as last amended by Laws of Utah 2019, Chapters 293 and 505
    53G-7-1304, as enacted by Laws of Utah 2019, Chapter 505
    53G-7-1306, as enacted by Laws of Utah 2019, Chapter 505
    53G-8-702, as last amended by Laws of Utah 2019, Chapters 293 and 441
    53G-8-802, as enacted by Laws of Utah 2019, Chapter 441
    53G-9-607, as last amended by Laws of Utah 2019, Chapter 293
    53G-9-704, as last amended by Laws of Utah 2019, Chapter 293
    53G-9-801, as last amended by Laws of Utah 2019, Chapter 293
    53G-10-304, as last amended by Laws of Utah 2019, Chapter 293
    53G-10-402, as last amended by Laws of Utah 2019, Chapters 196 and 293
    53G-10-406, as last amended by Laws of Utah 2019, Chapter 293
    53G-10-502, as last amended by Laws of Utah 2019, Chapter 293
    53G-10-507, as last amended by Laws of Utah 2019, Chapter 293
    53G-10-508, as last amended by Laws of Utah 2019, Chapters 293 and 325
    53G-11-304, as enacted by Laws of Utah 2019, Chapter 205
    53G-11-504, as last amended by Laws of Utah 2019, Chapter 293
    53G-11-508, as last amended by Laws of Utah 2019, Chapter 293
    53G-11-510, as last amended by Laws of Utah 2019, Chapter 293
    53G-11-511, as last amended by Laws of Utah 2019, Chapters 293 and 324
    53G-11-518, as last amended by Laws of Utah 2019, Chapter 293
    63A-1-105.5, as last amended by Laws of Utah 2008, Chapter 382
    63G-3-102, as last amended by Laws of Utah 2018, Chapter 281
    63G-3-201, as last amended by Laws of Utah 2018, Chapter 325
    63G-3-301, as last amended by Laws of Utah 2019, Chapter 454
    63G-3-401, as last amended by Laws of Utah 2016, Chapter 193
    63G-3-402, as last amended by Laws of Utah 2016, Chapter 193
    63G-3-403, as last amended by Laws of Utah 2016, Chapter 193
    63G-3-601, as last amended by Laws of Utah 2017, Chapter 181
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        S.B. 229                                                                      Enrolled Copy
142
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-1-102 is amended to read:
        53E-1-102. Public education code definitions.
        Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
 Funding, and Title 53G, Public Education System -- Local Administration:
        (1) "Charter agreement" means an agreement made in accordance with Section
 53G-5-303 that authorizes the operation of a charter school.
        (2) "Charter school governing board" means the board that governs a charter school.
        (3) "District school" means a public school under the control of a local school board.
        (4) "Individualized education program" or "IEP" means a written statement for a
 student with a disability that is developed, reviewed, and revised in accordance with the
 Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
        (5) "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.
        (6) "Local education agency" or "LEA" means:
        (a) a school district;
        (b) a charter school; or
        (c) the Utah Schools for the Deaf and the Blind.
        (7) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
 Election of Members of Local Boards of Education.
        (8) "Minimum School Program" means the same as that term is defined in Section
 53F-2-102.
        (9) "Parent" means a parent or legal guardian.
        (10) "Public education code" means:
        (a) this title;
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        Enrolled Copy                                                                              S.B. 229
          (b) Title 53F, Public Education System -- Funding; and
          (c) Title 53G, Public Education System -- Local Administration.
          [(11) "Rule" means a rule made in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act.]
          [(12)] (11) "Section 504 accommodation plan" means a plan developed in accordance
 with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
 with a disability, to meet the student's educational needs and ensure equitable access to a free
 appropriate public education.
          [(13)] (12) "State board" means the State Board of Education.
          [(14)] (13) "State superintendent" means the state superintendent of public instruction
 appointed under Section 53E-3-301.
          Section 2. Section 53E-3-401 is amended to read:
          53E-3-401. Powers of the state board -- Adoption of rules -- Enforcement --
 Attorney.
          (1) As used in this section:
          (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; or
          (iv) a charter school.
          (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
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        S.B. 229                                                                         Enrolled Copy
 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) [The] 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 Part 8, Implementing Federal or National Education Programs.
          (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):
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        Enrolled Copy                                                                                 S.B. 229
          (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) [The] 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 ma