Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 156 (2025GS)

Sponsor

Rep. Thurston, Norman K  (Thurston’s own bill)

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• amends provisions regarding the appointment, authority, and duties of the state superintendent of public instruction;
• amends provisions regarding the scope of authority and duties of employees of the State Board of Education (state board);
• amends provisions to describe the level of autonomy of local education agencies relative to the state superintendent and state board employees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
53E-3-401
Education Board Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
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:
53E-3-401
, as last amended by Laws of Utah 2020, Chapters 253, 408
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;
(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, 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 education 
system.
(b)
"General control and supervision" as used in 
Utah Constitution, Article X, Section 3
, 
means 
directed to the whole system
the State Board of Education shall direct and 
manage the public education system:
(i)
as the Legislature designates; and
(ii)
in accordance with the laws the Legislature makes
.
(3)
The state board may not govern, manage, or operate school districts, institutions, and 
programs, unless granted that authority by statute.
(4)
(a)
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
:
(i)
direct and manage the public education system in accordance with the laws the L
egislature makes; or
(ii)
interrupt disbursements of state aid to an LEA that fails to comply with state laws 
or rules the state board makes
.
(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)
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 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 made in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
, 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. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-9-25 2:26 PM