Title 53E, Public Education System -- State Administration

53E-3-1101. Prohibited discriminatory practices -- Restrictions -- Reporting. (1) As used in this section, "prohibited discriminatory practice" means the same as that term is defined in Section 53H-1-504. (2) The state board may not: (a) establish or maintain an office, division,…

53E-3-1201. Definitions. As used in this part: (1) "DOD civilian" means the same as that term is defined in Section 53H-11-202. (2) "Child of a DOD civilian family" means a school-aged child, enrolled in kindergarten through grade 12, in the household of a currently serving DOD c…

53E-3-1202. Transferring student enrollment, records, and immunization. (1)(a) Subject to Subsection (2), when a school receives the unofficial education record of a transferring student from a school in a sending state, the school shall enroll and appropriately place the transfe…

53E-3-1203. Course placement -- Extracurricular activities. (1) As used in this section: (a) "Course placement" means placing a transferring student in an educational course or program provided by a school. (b) "Educational course or program" means the following courses or progra…

53E-3-1204. Parental consent -- Tuition. (1) Power of attorney lawfully executed under Title 75A, Chapter 2, Uniform Power of Attorney Act, is sufficient for the purposes of enrollment and other actions requiring parental participation or consent. (2) An LEA may not charge local …

53E-3-1205. Graduation -- Waiver -- Exit exams -- Senior year transfers. (1) To facilitate the on-time graduation from high school of a transferring student an LEA shall: (a)(i) waive specific courses required for graduation if similar coursework has been satisfactorily completed…

53E-3-1301. General provisions -- Definitions. (1) The State Board of Education consists of individuals who serve part-time and must necessarily earn their living in other jobs and professions. (2) It is necessary to reconcile the functions of board members who have private inter…

53E-3-1302. Code of official conduct. (1) Each board member shall comply with the requirements established in Subsection (2). (2) Board members shall not engage in conduct that violates any of the following standards: (a) a board member may not engage in any employment or other a…

53E-3-1303. Independent ethics commission -- Membership -- Terms. (1) There is established an independent ethics commission to review ethics complaints against board members. (2) The commission consists of five persons, each of whom is registered to vote in this state, appointed …

53E-3-1304. Motion to disqualify commission member for conflict of interest. (1) A complainant may file a motion to disqualify one or more members of the commission from participating in proceedings relating to an ethics complaint if the individual files the motion within 20 days…

53E-3-1305. Filing ethics complaints -- Form -- Time limitations. (1)(a) The following individuals, who shall be referred to as complainants, may file a complaint against a board member if the complaint meets the requirements of this section: (i) two or more members of the board,…

53E-3-1306. Initial review of ethics complaint -- Commission staff duties -- Notice. (1) Within five business days after receipt of a complaint, the staff of the commission, in consultation with the chair of the commission, shall examine the complaint to determine if it is in com…

53E-3-1307. Response to ethics complaint -- Filing -- Form. (1) The board member that is the subject of the complaint may file a response to the complaint no later than 30 days after the day on which the board member receives delivery of the complaint. (2) The respondent shall fi…

53E-3-1308. Privacy of ethics complaints -- Contempt -- Dismissal. (1)(a) Except as provided in Subsection (1)(b), a person, including the complainants, the respondent, commission members, commission staff, the board chair, board leadership, or board staff, may not disclose the e…

53E-3-1309. Declaring conflicts of interest. (1) As used in this section, "conflict of interest disclosure" means the same as that term is defined in Section 20A-11-1602. (2) A board member shall file a conflict of interest disclosure by complying with the requirements of Title 2…

53E-3-1310. Commission review procedures -- Investigation -- Recommendation. (1) By no later than 10 calendar days after the day on which the complaint is accepted under Section 53E-3-1306, the commission chair shall: (a) schedule a commission meeting on a date no later than 60 c…

53E-3-1311. Subpoena powers -- Contempt. (1) For all proceedings authorized by this part, the commission may issue a subpoena to: (a) require the attendance of a witness; (b) direct the production of evidence; or (c) require both the attendance of a witness and the production of …

53E-3-1312. Communications of commission members. (1) As used in this section, "third party" means a person who is not a member of the commission or staff to the commission. (2) While a complaint is under review by the commission, a member of the commission may not initiate or co…

53E-3-1313. Board review and action on commission recommendation. (1) Within five calendar days of the date that the board chair receives the commission's recommendation as provided under Section 53E-3-1310, the board chair and board leadership shall: (a) schedule a board meeting…

53E-3-1314. Attorney fees and costs. (1) A person filing a complaint under this part: (a) may, but is not required to, retain legal representation during the complaint review process; and (b) is responsible for payment of complainants' attorney fees and costs incurred. (2)(a) A b…

53E-3-1315. Ethics training course. (1) The board, in consultation with the attorney general's office, shall develop and maintain an ethics training course for board members. (2) The ethics training course shall include training materials and exercises that are available on the i…

53E-3-1316. Communications with the judiciary. (1) As used in this section, "final decision or order" means a decision or order that determines the rights of the parties and concerns which appellate remedies have been exhausted or that the time for appeal has expired. (2)(a) A bo…

53E-3-1317. Jurisdiction and dismissal. (1) The commission and the board have jurisdiction only over an individual who is currently serving on the board. (2) The commission and the board shall dismiss an ethics complaint if the respondent board member resigns from the board.

53E-3-1318. Impeachment proceedings -- Cooperation with Legislature. (1) If the board recommends impeachment proceedings under Section 53E-3-1313, the board shall: (a) designate legal counsel to communicate with the Legislature regarding the recommendation; (b) make available all…

53E-3-1319. Constitutional limitations on removal. (1) This part does not authorize the board or the commission to remove an elected board member from office. (2) Removal of an elected board member may only occur through: (a) impeachment by the Legislature as provided in Utah Con…

53E-3-201. State board members -- Election and appointment of officers -- Removal from office. (1) Members of the state board shall be nominated and elected as provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards. (2) The state board shall e…

53E-3-202. Compensation for members of the state board -- Insurance -- Per diem and expenses. (1) The salary for a member of the state board is set in accordance with Section 36-2-3. (2) Compensation for a member of the state board is payable monthly. (3) A state board member may…

53E-3-203. State board meetings -- Quorum requirements. (1) The state board shall meet at the call of the chairman and at least 11 times each year. (2) A majority of all members is required to validate an act of the state board.

53E-3-204. Gross neglect of duty -- Nonpayment of salary or expenses. (1) Failure of a member of the state board or of an LEA governing board to carry out responsibilities assigned by law or to comply with rules of the state board is gross neglect of duty. (2) Salary or expenses …

53E-3-301. Appointment -- Qualifications -- Duties. (1)(a) The state board shall appoint a state superintendent of public instruction, who is the executive officer of the state board and serves at the pleasure of the state board. (b) The state board shall appoint the state superi…

53E-3-302. Compensation of state superintendent -- Other state board employees. (1) The state board shall establish the compensation of the state superintendent. (2) The state board may, as necessary for the proper administration and supervision of the public school system: (a) a…

53E-3-303. Advice by state superintendent -- Written opinions. (1) The state superintendent shall advise superintendents, LEA governing boards, and other school officers upon all matters involving the welfare of the schools. (2) The state superintendent shall, when requested by d…

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 educatio…

53E-3-402. Acceptance of gifts, endowments, devises, and bequests. (1) The state board, on its own behalf or on behalf of an educational institution for which the state board is the direct governing body, may accept private grants, loans, gifts, endowments, devises, or bequests w…

53E-3-403. Establishment of public education foundations -- Powers and duties -- Tax exempt status. (1) The state board, a local school board, or the Utah Schools for the Deaf and the Blind may establish foundations to: (a) assist in the development and implementation of programs…

53E-3-501. State board to establish miscellaneous minimum standards for public schools. (1) The state board shall establish rules and minimum standards for the public schools that are consistent with this public education code, including rules and minimum standards governing the …

53E-3-502. State Board of Education assistance to districts and schools. In order to assist school districts and individual schools in acquiring and maintaining the characteristics set forth in Section 53E-2-302, the State Board of Education shall: (1) provide the framework for a…

53E-3-503. Education of individuals in custody of or receiving services from certain state agencies -- Establishment of coordinating council -- Advisory councils. (1)(a) The state board is directly responsible for the education of all individuals who are: (i)(A) younger than 21 y…

53E-3-504. Child literacy program -- Coordinated activities. (1) The state board, through the state superintendent, shall provide for a public service campaign to educate parents on the importance of providing their children with opportunities to develop emerging literacy skills …

53E-3-505. Financial and economic literacy education. (1) As used in this section: (a) "Financial and economic activities" include activities related to the topics listed in Subsection (1)(b). (b) "Financial and economic literacy concepts" include concepts related to the followin…

53E-3-506. Educational program on the use of information technology. (1) The state board shall provide for an educational program on the use of information technology, which shall be offered by high schools. (2) An educational program on the use of information technology shall: (…

53E-3-507. Powers of the state board. The state board: (1) shall establish minimum standards for career and technical education programs in the public education system; (2) may apply for, receive, administer, and distribute funds made available through programs of federal and sta…

53E-3-508. Rulemaking -- Standards for high quality programs operating outside of the regular school day. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall, in consultation with the Department of Workforce Services, make rules …

53E-3-509. Gang prevention and intervention policies. (1)(a) The state board shall adopt rules that require a local school board or charter school governing board to enact gang prevention and intervention policies for all schools within the state board's jurisdiction. (b) The rul…

53E-3-510. Control of school meals program revenues -- Apportionment -- Costs. (1)(a) School meals program revenues shall be under the control of the state board and may only be disbursed, transferred, or drawn upon by the state board's order. (b) The school meals program revenue…

53E-3-511. Student Achievement Backpack -- Utah Student Record Store. (1) As used in this section: (a) "Authorized LEA user" means a teacher or other person who is: (i) employed by an LEA that provides instruction to a student; and (ii) authorized to access data in a Student Achi…