Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 79 (2020GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides additional specific authority for regional education service agencies;
• allows a regional education service agency to participate in the Utah Retirement System;
• directs the State Board of Education to make rules regarding regional education service agencies; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

REGIONAL EDUCATION SERVICE AGENCIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
Bradley G. Last
LONG TITLE
General Description:
This bill amends provisions related to regional education service agencies.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides additional specific authority for regional education service agencies;
▸ allows a regional education service agency to participate in the Utah Retirement
System;
▸ directs the State Board of Education to make rules regarding regional education
service agencies; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-401
, as last amended by Laws of Utah 2019, Chapter 186
53G-4-410
, as last amended by Laws of Utah 2019, Chapter 293
53G-5-412
, as enacted by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. 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[
.
]
; or
(v) a regional education service agency, as that term is defined in Section 
53G-4-410
.
(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 authorized under this public education code.
(2) (a) The state board has general control and supervision of the state's public
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 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):
(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 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 may audit the use of state funds by an education entity that receives
those state funds as a distribution from the state board.
(10) The state board may require by rule that if an LEA contracts with a third party
contractor for an educational good or service, the LEA shall require in the contract that the
third party contractor shall provide, upon request of the LEA, information necessary for the
LEA to verify that the educational good or service complies with:
(a) this public education code; and
(b) state board rule authorized under this public education code.
(11) (a) The state board may appoint an attorney to provide legal advice to the state
board and coordinate legal affairs for the state board and the state board's employees.
(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
Attorney General.
(c) An attorney described in Subsection (11)(a) may not:
(i) conduct litigation;
(ii) settle claims covered by the Risk Management Fund created in Section 
63A-4-201
;
or
(iii) issue formal legal opinions.
(12) The state board shall ensure that any training or certification that an employee of
the public education system is required to complete under this title or by rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements.
Section 2. Section 
53G-4-410
 is amended to read:
53G-4-410.
Regional education service agencies.
(1) [
For purposes of
] 
As used in
 this section[
, "eligible regional service center"
]
:
(a) "Eligible regional education service agency"
 means a regional 
education
 service
[
center
] 
agency in existence before July 1, 2020.
(b) "Regional education service agency" means an entity
 formed by two or more school
districts as an interlocal entity, in accordance with Title 11, Chapter 13, Interlocal Cooperation
Act
, with the authority and duties described in this section
.
(2) The Legislature strongly encourages school districts to collaborate and cooperate to
provide educational services in a manner that will best utilize resources for the overall
operation of the public education system.
(3) [
An eligible
] 
A
 regional 
education
 service [
center
] 
agency
 formed by an interlocal
agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act[
,
]
:
(a) for an eligible regional education service agency,
 may receive a distribution
described in Subsection [
(5)
] 
(6)
 if the Legislature appropriates money for eligible regional
education
 service [
centers.
] 
agencies;
(b) may apply directly for any grant or program in which an LEA may participate if the
agency has the written consent of the LEAs that the agency serves;
(c) may receive services from or partner with any department, division, or agency of
the state, including coverage by the Division of Risk Management;
(d) may recommend educators for licensing;
(e) may provide services for students as approved by the regional education service
agency's board;
(f) may access as necessary LEA systems that the board provides; and
(g) does not have authority over the LEAs which the agency serves.
(4) A regional education service agency may elect to participate as an employer for
retirement programs under:
(a) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
(b) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
(c) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
[
(4)
] 
(5)
 (a) If local school boards enter into an interlocal agreement to confirm or
formalize a regional 
education
 service [
center
] 
agency
 in operation before July 1, 2011, the
interlocal agreement may not eliminate any rights or obligations of the regional 
education
service [
center
] 
agency
 in effect before entering into the interlocal agreement.
(b) An interlocal agreement entered into to confirm or formalize an existing regional
education
 service [
center
] 
agency
 shall have the effect of confirming and ratifying in the
regional 
education
 service [
center
] 
agency
, the title to any property held in the name, or for the
benefit of the regional 
education
 service [
center
] 
agency
 as of the effective date of the
interlocal agreement.
[
(5)
] 
(6)
 (a) The state board shall distribute any funding appropriated to eligible
regional 
education
 service [
centers
] 
agencies
 as provided by the Legislature.
(b) The state board may provide funding to an eligible regional 
education
 service
[
center
] 
agency
 in addition to legislative appropriations.
[
(6)
] 
(7)
 The state board shall make rules regarding [
eligible
] regional 
education
service [
centers
] 
agencies
 including:
(a) the authority, scope, and duties of a regional education service agency;
(b) the creation of a regional education service agency coordinating council, including:
(i) defining the council's role and authority; and
(ii) provisions for the council's membership;
[
(a)
] 
(c)
 the distribution of legislative appropriations to eligible regional 
education
service [
centers
] 
agencies
;
[
(b)
] 
(d)
 the designation of eligible regional 
education
 service [
centers
] 
agencies
 as
agents to distribute Utah Education and Telehealth Network services; and
[
(c)
] 
(e)
 the designation of eligible regional 
education
 service [
centers
] 
agencies
 as
agents for regional coordination of public education and higher education services.
(8) The board shall annually:
(a) review the funding the Legislature appropriates to support regional education
service agencies; and
(b) recommend any adjustments as part of the board's annual budget request.
Section 3. Section 
53G-5-412
 is amended to read:
53G-5-412.
Contract with regional education service agencies.
A public school that is a charter school may enter into a contract with an eligible
regional 
education
 service [
center
] 
agency
, as defined in Section 
53G-4-410
, to receive
education-related services from the eligible regional 
education
 service [
center
] 
agency
.