Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 169 (2025GS)

Sponsor

Rep. Welton, Douglas R.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• establishes ethics standards for members of the State Board of Education; and
• makes technical changes.

Every vote on this bill

Bill text

6
53E-3-1201
53E-3-1202
53E-3-1203
53E-3-1204
State Board of Education Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
LONG TITLE
General Description:
This bill establishes an ethics framework and complaint process for members of the State 
Board of Education.
Highlighted Provisions:
This bill:
requires the State Board of Education (board) to establish code of conduct and ethical 
rules for members;
outlines a process for filing and investigating ethics complaints against board members;
creates an independent review commission to investigate complaints and recommend 
actions; and
authorizes the board to discipline members for violations, including removal for serious 
offenses.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
53E-3-1201
, Utah Code Annotated 1953
53E-3-1202
, Utah Code Annotated 1953
53E-3-1203
, Utah Code Annotated 1953
53E-3-1204
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53E-3-1201
 is enacted to read:
12. Ethics and Removal of State Board Members 
53E-3-1201. Ethics requirements governing State Board of Education members.
(1)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the state board shall make rules establishing a code of conduct and ethical rules for 
board members, incorporating standards and procedures relevant to the state board's 
constitutional and statutory roles.
(b)
The code of conduct and ethical rules shall include:
(i)
prohibitions on a board member:
(A)
engaging in activities that would impair the board member's independence of 
judgment;
(B)
improperly disclosing or using non-public information obtained by reason of 
the board member's position; and
(C)
securing special privileges for the board member or others;
(ii)
requirements that a board member:
(A)
declare conflicts of interest and be recused from votes where a conflict exists;
(B)
adhere to high ethical standards in the board member's interactions with 
students, educators, and the public;
(C)
protect student rights including privacy of student records; and
(D)
use proper channels in responding to public education needs, complaints, or 
concerns;
(iii)
provisions for ethics training for board members;
(iv)
in accordance with Section 
53E-3-1202
, a process for filing and reviewing ethics 
complaints against board members, including:
(A)
the establishment of an independent review commission;
(B)
standards of evidence and due process protections for accused members; and
(C)
options for disciplinary action for violations, including removal; and
(v)
a requirement that board members be held to the same ethical standards required 
of educators.
(2)
Beginning in 2026, on or before July 1 of each specified year, the state board shall seek 
input and recommendations for the code of conduct and ethical rules established under 
this section from:
(a)
the legislative Rules and General Oversight Committee in even-numbered years; and
(b)
the House and Senate Ethics Committees in odd-numbered years.
Section 2, Section 
53E-3-1202
 is enacted to read:
53E-3-1202. Complaints against state board members - Filing.
(1)
Two or more registered voters residing in Utah or two or more members of the State 
Board of Education may file an ethics complaint against a board member for conduct 
they believe violates the code of conduct and ethical rules established under Section 
53E-3-1201
.
(2)
The individuals described in Subsection 
(1)
 shall file the complaint in writing with the 
independent review commission established under Section 
53E-3-1203
 and shall contain:
(a)
the name and position of the board member alleged to be in violation;
(b)
the name, address, and telephone number of each individual filing the complaint;
(c)
a description of each alleged violation, including references to the specific provisions 
of statute, rule, or the code of conduct alleged to be violated;
(d)
evidence or sworn testimony supporting the allegations;
(e)
a list of witnesses; and
(f)
a statement that those filing believe the complaint is made in good faith and that the 
allegations are true and accurate to the best of their knowledge.
(3)
The independent review commission shall keep complaints confidential until the 
commission submits findings, factual reports, or recommendations on the complaint to 
the state board.
Section 3, Section 
53E-3-1203
 is enacted to read:
53E-3-1203. Review of ethics complaints by an independent review commission.
(1)
The state board shall appoint an independent review commission to review ethics 
complaints against board members.
(2)
The independent review commission shall consist of the following five members, each 
of whom is registered to vote in this state:
(a)
two members, who have served as judges of a court of record in this state, each of 
whom the board leadership shall appoint and the state board shall approve by a 
majority vote;
(b)
two members, who have served as a member of the state board within the last four 
years before the date of appointment, each of whom the board leadership shall 
appoint and the state board shall approve by a majority vote; and
(c)
one member, who has served as a superintendent or charter school director no more 
recently than two years from the date of appointment, whom the board leadership 
shall appoint and the state board shall approve by a majority vote.
(3)
 A member of the commission may not, during the member's term of office on the 
commission, act or serve as:
(a)
an officeholder as defined in Section 
20A-11-101
;
(b)
an agency head as defined in Section 
67-16-3
;
(c)
a lobbyist as defined in Section 
36-11-102
; or
(d)
a principal as defined in Section 
36-11-102
.
(4)
The independent review commission shall:
(a)
review ethics complaints filed against board members to determine if the complaint 
states allegations which if true would constitute a violation of:
(i)
statute;
(ii)
administrative rule; or
(iii)
the code of conduct and ethical rules described in Section 
53E-3-1201
;
(b)
dismiss complaints that fail to state a violation or are largely frivolous in nature;
(c)
for complaints stating a viable claim, conduct an investigation to determine if 
evidence exists to support the allegations, affording the accused board member due 
process including an opportunity to respond to the allegations;
(d)
submit a factual report on each complaint, together with a recommendation for action 
or dismissal, to the state board; and
(e)
maintain the rules of procedure for handling complaints, incorporating standards of 
evidence, due process, and confidentiality provisions.
Section 4, Section 
53E-3-1204
 is enacted to read:
53E-3-1204. Action by the State Board of Education on independent review 
commission recommendations.
(1)
Upon receipt of a factual report and recommendation from the independent review 
commission, the state board shall place the matter on the agenda for action at the earliest 
possible meeting.
(2)
The state board shall provide the accused member an opportunity to respond in person 
or in writing before taking action.
(3)
Based on the report and recommendation and any response from the accused member, 
the state board may:
(a)
dismiss the complaint if the state board determines the allegations are unproven or 
insubstantial;
(b)
issue a written reprimand if the state board determines the member committed a 
violation of statute, rule, or the code of conduct, but the violation is not serious 
enough to warrant removal;
(c)
remove the member from any board leadership positions; or
(d)
subject to Subsection 
(4)
, vote to remove the member from the state board for serious 
or repeated violations of statute, rule, or the code of conduct and ethical rules.
(4)
If the state board seeks to remove a member, removal of a state board member requires 
a two-thirds vote of the remaining state board members.
(5)
The state board shall maintain a record of any actions taken, which shall be classified as 
a public record.
Section 5. 
Effective date.
This bill takes effect on 
July 1, 2025
.
1-10-25 1:40 PM