Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 263 (2015GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

House/ filed 3/3/2015 (2:29:32 PM)

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies provisions relating to state school board powers; and
• makes technical changes.

Every vote on this bill

Bill text

STATE SCHOOL BOARD POWERS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
 J. Stuart Adams
LONG TITLE
General Description:
This bill modifies provisions relating to state school board powers.
Highlighted Provisions:
This bill:
▸ modifies provisions relating to state school board powers; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-401
, as last amended by Laws of Utah 2010, Chapter 305
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-401
 is amended to read:
53A-1-401.
Powers of State Board of Education -- Enforcement of rules.
(1) [
(a) The State Board of Education has general control and supervision of the state's
public education system. (b)
] "General control and supervision" as used in 
Utah Constitution,
Article X, [
Sec.
] 
Section
 3, [
of the Utah Constitution means directed to the whole system.
]
means the State Board of Education shall direct and manage the public education system:
(a) as the Legislature defines the public education system; and
(b) in accordance with laws made by the Legislature.
(2) The board may not govern, manage, or operate school districts, institutions, and
programs, unless granted that authority by statute.
[
(3) The board may adopt rules and policies in accordance with its responsibilities
under the constitution and state laws, and may interrupt disbursements of state aid to any
district which fails to comply with rules adopted in accordance with this Subsection (3).
]
(3) The State Board of Education may:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to direct and manage the public education system in accordance with laws made by
the Legislature; or
(b) interrupt disbursements of state aid to a school district or charter school that fails to
comply with:
(i) state law, including this title; or
(ii) rules made by the board under rulemaking authority described in Subsection (3)(a).
(4) (a) The board may sell any interest it holds in real property upon a finding by the
board that the property interest is surplus.
(b) The board may use the money it receives from a sale under Subsection (4)(a) for
capital improvements, equipment, or materials, but not for personnel or ongoing costs.
(c) If the property interest under Subsection (4)(a) was held for the benefit of an agency
or institution administered by the board, the money may only be used for purposes related to
the agency or institution.
(d) The board shall advise the Legislature of any sale under Subsection (4)(a) and
related matters during the next following session of the Legislature.
(5) The board shall develop policies and procedures related to federal educational
programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs
Act.
(6) On or before December 31, 2010, the State Board of Education shall review
mandates or requirements provided for in board rule to determine whether certain mandates or
requirements could be waived to remove funding pressures on public schools on a temporary
basis.
Legislative Review Note
 as of 2-5-15 10:09 AM
Office of Legislative Research and General Counsel