HB 129

Enrolled Copy  H.B. 129
1Education Board Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Norman K Thurston
  Senate Sponsor: Brady Brammer
2
3  LONG TITLE
4  General Description:
5      This bill clarifies the State Board of Education's rulemaking authority.
6  Highlighted Provisions:
7      This bill:
8      ▸ clarifies the State Board of Education's rulemaking authority; and
9      ▸ makes technical and conforming changes.
10  Money Appropriated in this Bill:
11      None
12  Other Special Clauses:
13      None
14  Utah Code Sections Affected:
15  AMENDS:
16      53E-3-401, as last amended by Laws of Utah 2025, Chapter 501
17  REPEALS:
18      53E-1-204, as enacted by Laws of Utah 2020, Third Special Session, Chapter 10
19
20  Be it enacted by the Legislature of the state of Utah:
21Section 1. Section 53E-3-401 is amended to read:
2253E-3-401 . Powers of the state board -- Adoption of rules -- Enforcement --
23  Attorney.
24  (1) As used in this section:
25      (a) "Education entity" means:
26(i) an entity that receives a distribution of state funds through a grant program
27managed by the state board under this public education code;
28(ii) an entity that enters into a contract with the state board to provide an educational
H.B. 129  Enrolled Copy
29good or service;
30(iii) a school district;
31(iv) a charter school; or
32(v) a regional education service agency, as that term is defined in Section 53G-4-410.
33(b) "Educational good or service" means a good or service that is required or regulated
34under:
35(i) this public education code; or
36(ii) a rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
37Rulemaking Act, and authorized under this public education code.
38   (2)[(a)] The state board has general control and supervision of the state's public
39education system.
40[(b) "General control and supervision" as used in Utah Constitution, Article X, Section 3,
41means directed to the whole system.]
42   (3) The state board may not govern, manage, or operate school districts, institutions, and
43programs, unless granted that authority by statute.
44   (4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
45the state board may make rules to execute the state board's duties and responsibilities
46under the Utah Constitution and state law[.] :
47(i) as required by statute; or
48(ii) absent express statutory rulemaking direction, as necessary to implement:
49(A) the requirements of a statute; or
50(B) programs that the Legislature may designate, including agency action
51described in Subsection 63G-3-201(2).
52(b) The state board may delegate the state board's statutory duties and responsibilities to
53state board employees.
54   (5)(a) The state board may sell any interest it holds in real property upon a finding by
55the state board that the property interest is surplus.
56(b) The state board may use the money it receives from a sale under Subsection (5)(a)
57for capital improvements, equipment, or materials, but not for personnel or ongoing
58costs.
59(c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
60or institution administered by the state board, the money may only be used for
61purposes related to the agency or institution.
62(d) The state board shall advise the Legislature of any sale under Subsection (5)(a) and
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Enrolled Copy  H.B. 129
63related matters during the next following session of the Legislature.
64  (6) The state board shall develop policies and procedures related to federal educational
65      programs in accordance with Part 8, Implementing Federal or National Education
66      Programs.
67  (7) On or before December 31, 2010, the state board shall review mandates or requirements
68      provided for in state board rule to determine whether certain mandates or requirements
69      could be waived to remove funding pressures on public schools on a temporary basis.
70  (8)(a) The state board shall provide procedures for addressing and resolving compliance
71      and monitoring issues related to this public education code, federal law, or rules,
72      including:
73(i) creating methods to review and investigate alleged compliance issues;
74(ii) creating clear procedures for corrective action plans;
75(iii) allowing for an appeals process; and
76(iv) addressing contractual and non-contractual issues.
77      (b) If an education entity violates this public education code or rules authorized under
78this public education code, the state board may, in accordance with the rules
79described in Subsection (8)(d):
80(i) require the education entity to enter into a corrective action agreement with the
81state board;
82(ii) temporarily or permanently withhold state funds from the education entity;
83(iii) require the education entity to pay a penalty;
84(iv) require the education entity to reimburse specified state funds to the state board;
85(v) require additional reporting or monitoring;
86(vi) refer the complaint, evidence, and findings to the attorney general's office or the
87relevant district attorney's office;
88(vii) require the education entity to hire a third-party provider to provide services the
89state board determines necessary;
90(viii) require reimbursement from the education entity instead of future allocations
91from the state board;
92(ix) require a follow-up investigation;
93(x) refer the violation and corresponding evidence to the state auditor or the
94legislative auditor general, if the violation relates to finances;
95(xi) request additional evidence of compliance; or
96(xii) take other action the state board deems appropriate.
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 H.B. 129  Enrolled Copy
97(c) Except for temporarily withheld funds, if the state board collects state funds under
98Subsection (8)(b), the state board shall pay the funds into the Uniform School Fund.
99(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
100state board shall make rules:
101(i) that require notice and an opportunity to be heard for an education entity affected
102by a state board action described in Subsection (8)(b); and
103(ii) to administer this Subsection (8).
104(e)(i) An individual may bring a violation of statute or state board rule to the attention
105of the state board in accordance with a process described in rule adopted by the
106state board.
107(ii) If the state board identifies a violation of statute or state board rule as a result of
108the process described in Subsection (8)(e)(i), the state board may take action in
109accordance with this section.
110   (9) The state board may audit the use of state funds by an education entity that receives
111those state funds as a distribution from the state board.
112   (10) The state board may require, by rule made in accordance with Title 63G, Chapter 3,
113Utah Administrative Rulemaking Act, that if an LEA contracts with a third party
114contractor for an educational good or service, the LEA shall require in the contract that
115the third party contractor shall provide, upon request of the LEA, information necessary
116for the LEA to verify that the educational good or service complies with:
117(a) this public education code; and
118(b) state board rule authorized under this public education code.
119   (11)(a) The state board may appoint an attorney to provide legal advice to the state
120board and coordinate legal affairs for the state board and the state board's employees.
121(b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
122Attorney General.
123(c) An attorney described in Subsection (11)(a) may not:
124(i) conduct litigation;
125(ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
126or
127(iii) issue formal legal opinions.
128   (12) The state board shall ensure that any training or certification that an employee of the
129public education system is required to complete under this title or by rule complies with
130Title 63G, Chapter 22, State Training and Certification Requirements.
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131Section 2. Repealer.
132This bill repeals:
133Section 53E-1-204, State board report to Education Interim Committee on statutory
134  requirements impacted by assessment waivers.
135Section 3. Effective Date.
136  This bill takes effect on May 6, 2026.
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