Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 136 (2017GS)

Sponsor

Rep. Kennedy, M.

Final action

Became Law w/o Governor Signature 3/29/2017

Outcome

Became Law w/o Governor Signature

Summary

What it does

• This bill:
• requires the State Board of Education to take certain actions before implementing a federal program that does not directly and simultaneously advance a state goal, objective, program need, or accountability system.

Every vote on this bill

Bill text

BOARD OF EDUCATION REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael S. Kennedy
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill amends provisions regarding implementing federal education programs.
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to take certain actions before implementing a
federal program that does not directly and simultaneously advance a state goal,
objective, program need, or accountability system.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-903
, as last amended by Laws of Utah 2011, Chapter 342
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-903
 is amended to read:
53A-1-903.
Federal programs -- School official duties.
(1) School officials may:
(a) apply for, receive, and administer funds made available through programs of the
federal government;
(b) only expend federal funds for the purposes for which they are received and are
accounted for by the state, school district, or charter school; and
(c) reduce or eliminate a program created with or expanded by federal funds to the
extent allowed by law when federal funds for that program are subsequently reduced or
eliminated.
(2) School officials shall:
(a) prioritize resources, especially to resolve conflicts between federal provisions or
between federal and state programs, including:
(i) providing first priority to meeting state goals, objectives, program needs, and
accountability systems as they relate to federal programs; and
(ii) 
subject to Subsection (4),
 providing second priority to implementing federal goals,
objectives, program needs, and accountability systems that do not directly and simultaneously
advance state goals, objectives, program needs, and accountability systems;
(b) interpret the provisions of federal programs in the best interest of students in this
state;
(c) maximize local control and flexibility;
(d) minimize additional state resources that are diverted to implement federal programs
beyond the federal money that is provided to fund the programs;
(e) request changes to federal educational programs, especially programs that are
underfunded or provide conflicts with other state or federal programs, including:
(i) federal statutes;
(ii) federal regulations; and
(iii) other federal policies and interpretations of program provisions; and
(f) seek waivers from all possible federal statutes, requirements, regulations, and
program provisions from federal education officials to:
(i) maximize state flexibility in implementing program provisions; and
(ii) receive reasonable time to comply with federal program provisions.
(3) The requirements of school officials under this part, including the responsibility to
lobby federal officials, are not intended to mandate school officials to incur costs or require the
hiring of lobbyists, but are intended to be performed in the course of school officials' normal
duties.
(4) (a) As used in this Subsection (4), "Education Fund revenue surplus" means the
same as that term is defined in Section 
63J-1-313
.
(b) Before prioritizing the implementation of a federal goal, objective, program need,
or accountability system that does not directly and simultaneously advance a state goal,
objective, program need, or accountability system, the State Board of Education shall:
(i) determine the financial impact of failure to implement the federal goal, objective,
program need, or accountability system; and
(ii) if the State Board of Education determines that failure to implement the federal
goal, objective, program need, or accountability system may result in a financial loss, request
that the Legislature mitigate the financial loss.
(c) A mitigation requested under Subsection (4)(b)(ii) may include appropriating
available Education Fund revenue surplus through an appropriations act, including an
appropriations act passed during a special session called by the governor or a general session.
Legislative Review Note
Office of Legislative Research and General Counsel