Higher Education Appropriations Subcommitee

On Thursday, January 18, the Higher Education Appropriations Subcommitee convened its first meeting of the 2024 legislative session. Presentations included an overview of the Utah System of Higher Education and Talent Ready Utah.

Members of the HEAS voted unanimously to include the Board of Higher Education’s prioritized requests for appropriations in the subcommitee’s list of requests for appropriations that will be considered later in the session.

Upcoming Appropriations Subcommitee Meetings

• Monday, January 22
• Wednesday, January 24
• Friday, January 26
• Tuesday, January 30
• Thursday, February 1

Legislation of Interest

HB 247 – Statewide Online Education Program Amendments (Rep. Dan Johnson) — Requires Utah State Board of Education and Utah Board of Higher Education to coordinate to offer an online concurrent enrollment option, including online concurrent enrollment courses in the Statewide Online Education Program. Requires USBE and the Utah Board of Higher Education to make recommendations to the Education Interim Commitee about funding structures and recommendations for allowing a student to be enrolled through multiple Local Education Agencies (LEAs) for access to any online concurrent enrollment course.

HB 261 – Equal Opportunity Initiatives (Rep. Katy Hall, Sen. Keith Grover) — Applies to the public education system, higher education, and governmental employers. Prohibits institutions from engaging in certain prohibited practices, including requiring certain submissions before, during, or atier admission or employment and requiring individuals to atend certain training that promotes differential treatment. Prohibits institutions from operating offices named diversity, equity, and inclusion and prohibits institutions from establishing or maintaining an office, division, employment position, or other unit of an institution established to implement, develop, plan, or promote campus policies, procedures, practices, programs, or initiatives, regarding prohibited discriminatory practices. Makes exceptions for the need to comply with federal law, state law, and certain grant, athletics, and accreditation requirements. Requires institutions to ensure all students have access to programs that provide student success and support. Requires institutions to develop strategies to promote viewpoint diversity and establish policies and procedures to include opportunities for education and research on free speech and civic education. Requires institutions to annually train employees on the separation of personal and political advocacy from an institution’s business and employment activities. Requires the Board to contract with a third party to conduct a campus climate survey. Requires the Board of Higher Education to monitor and report on compliance.

HB 278 – Inmate Education Amendments (Rep. Melissa G. Ballard, Sen. Luz Escamilla) — Requires USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year atier the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated.

HJR 3 – House Joint Resolution Regarding Higher Education Accreditation (Rep. Douglas Welton) — Calls on the federal government to return full oversight of the accreditation process for public higher education institutions to the states.

SB 115 – Higher Education Tuition Amendments (Sen. Ronald Winterton) — Makes children of military members eligible for in-state tuition if the student atended at least one year of 9th-12th grade at a Utah Local Education Agency (LEA).

Higher Education Appropriations Subcommitee

The Higher Education Appropriations Subcommittee heard presentations from all eight USHE technical colleges. Here is the link to SLCC's presentation, Salt Lake Community College, HEAS also heard a presentation on innovation and commercialization from The Point and an update on the Prosperity 2020 Report from the Cicero Group.

HEAS also heard the following requests for appropriations, which were included in the Board of Higher Education’s prioritized list of institutional RFAs:

• SLCC Math Completion Initiative

Upcoming Appropriations Subcommitee Meetings 8 a.m.

• Tuesday, January 30
• Thursday, February 1

View HEAS Agendas & Materials

Legislation of Interest

HB 22 - Concurrent Enrollment Revisions (Rep. Val Peterson, Sen. Lincoln Fillmore) — Expands the PRIME program eligibility by adding participation in a youth apprenticeship to the list of options for qualifying for the TRANSFORM certificate. Removes the previously specified scholarship amount ($500) of a TRANSFORM certificate and requires the Utah Board of Higher Education to determine the scholarship amount based on the number of eligible students and appropriations made by the Legislature. HB 22 was passed out favorably as a committee bill during the September Education Interim Committee meeting and received a favorable recommendation from the Senate Education Committee on January 19.

HB 247 – Statewide Online Education Program Amendments (Rep. Dan Johnson) — Requires the Utah State Board of Education and the Utah Board of Higher Education to coordinate to offer an online concurrent enrollment option, including online concurrent enrollment courses in the Statewide Online Education Program. Requires USBE and the Utah Board of Higher Education to make recommendations to the Education Interim Committee about funding structures and recommendations for allowing a student to be enrolled through multiple Local Education Agencies (LEAs) for access to any online concurrent enrollment course.

HB 257 – Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities (Rep. Kera Birkeland, Sen. Daniel McCay) – This bill has passed both the House and Senate. The bill defines “female” and “male”. The bill also defines “men’s restroom as “a restroom that is designated for the exclusive use of males and not females” and defines “women’s restroom” as “a restroom that is designated for the exclusive use of females and not males”. Requires that each government entity shall ensure the preservation of distinctions on the basis of sex that protect individual privacy and competitive opportunity, as described in this 63G, Chapter 31. For sex-designated changing rooms open to the general public in publicly owned facilities, requires individuals to use the changing room that corresponds to their sex at birth (as defined in the bill). Makes exceptions for when an individual has undergone a primary sex characteristic surgical procedure and has amended their birth certificate, as well as those accompanying dependents who need assistance, those engaging in cleaning or maintenance services, etc. Requires government entities to ensure new construction includes single-occupancy privacy facilities and to consider the feasibility of retrofitting existing spaces to include methods of improving individual privacy in privacy spaces.

HB 261 – Equal Opportunity Initiatives (Rep. Katy Hall, Sen. Keith Grover) — This bill has passed both the House and Senate. It applies to the public education system, higher education, and governmental employers. Prohibits institutions from engaging in certain prohibited practices, including requiring certain submissions before, during, or after admission or employment and requiring individuals to attend certain training that promotes differential treatment. Prohibits institutions from operating offices named diversity, equity, and inclusion and prohibits institutions from establishing or maintaining an office, division, employment position, or other unit of an institution established to implement, develop, plan, or promote campus policies, procedures, practices, programs, or initiatives, regarding prohibited discriminatory practices. Makes exceptions for the need to comply with federal law, state law, and certain grant, athletics, and accreditation requirements. Prohibits institutions from considering an individual’s personal identity characteristics in determining receipt of state financial aid, including waivers, but excluding private scholarships. Requires institutions to ensure all students have access to programs that provide student success and support. Requires institutions to develop strategies to promote viewpoint diversity and establish policies and procedures to include opportunities for education and research on free speech and civic education. Requires institutions to annually train employees on the separation of personal and political advocacy from an institution’s business and employment activities. Requires the Board to contract with a third party to conduct a campus climate survey. Requires the Board of Higher Education to monitor and report on compliance.

HB 278 – Inmate Education Amendments (Rep. Melissa G. Ballard, Sen. Luz Escamilla) — Requires USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated.

HB 414 – Student Right to Counsel (Rep. Jordan Teuscher) – Applies to higher education non-academic disciplinary proceedings that can result in an individual student being expelled or suspended for at least 10 days or that can result in the suspension or removal of institutional recognition of a student organization. Establishes that institutions may not prohibit accused students, alleged victims, or accused student groups from being represented, at the student or student group’s expense, by legal representation or a non-attorney advocate. Requires institutions to ensure that an accused student, alleged victim, or accused student organization has access to all material evidence in the institution’s possession no later than one week before the proceeding begins. Requires institutions to notify accused students, alleged victims, and accused student groups of their rights under this section as soon as practicable but no later than seven days before a proceeding. Specifies that the attorney general may bring an action to enjoin a violation of this part against an institution or an institution’s agent acting in the agent’s official capacity. Provides for waivers of immunity.

SB 1 – Higher Education Base Budget (Sen. Keith Grover, Rep. Karen Peterson) has been signed by the Senate president and was sent to the Office of Legislative Research and General Counsel for enrolling.

SB 115 – Higher Education Tuition Amendments (Sen. Ronald Winterton) — Makes children of military members eligible for in-state tuition if the student attended at least one year of 9th-12th grade at a Utah Local Education Agency (LEA).

SB 122 – Youth Apprenticeship Governance Amendments (Sen. Ann Millner, Rep. Tyler Clancy) – Creates a youth apprenticeship governance study. The bill received a favorable recommendation from the Senate Education Committee on January 25.

Higher Education Appropriations Subcommitee

The Higher Education Appropriations Subcommittee heard institutional presentations from the University of Utah, Utah State University, and Utah Tech University. Utah State University and the University of Utah also jointly facilitated a presentation on the impact of research from R1 institutions. The committee heard a presentation on the economic and fiscal impacts of higher education from the Commissioner’s office and the Kem C. Gardner Policy Institute, presentations from the Commissioner’s office regarding shared services and the Utah College Advising Corps, and a presentation from the Commissioner’s office and the Utah Office of the State Treasurer on the Student Success Endowment.

Legislation of Interest

HB 22 – Concurrent Enrollment Revisions (Rep. Val Peterson, Sen. Lincoln Fillmore) — Expands the PRIME program eligibility by adding participation in a youth apprenticeship to the list of options for qualifying for the TRANSFORM certificate. Removes the previously specified scholarship amount ($500) of a TRANSFORM certificate and requires the Utah Board of Higher Education to determine the scholarship amount based on the number of eligible students and appropriations made by the Legislature. HB 22 passed both the House and Senate.

HB 247, 2nd Sub – Statewide Online Education Program Amendments (Rep. Dan Johnson) — Requires the Utah State Board of Education and the Utah Board of Higher Education to study funding structures and access barriers related to concurrent enrollment for the Statewide Online Education Program and provide recommendations to the Education Interim Committee no later than the committee’s November 2024 meeting. This bill received a favorable recommendation from the House Education Standing Committee on January 31.

HB 248, 1st Sub – Inmate Amendments (Rep. Melissa G. Ballard, Sen. Derrin Owens — The 1st substitute for this bill incorporates language previously found in HB 278 requiring USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated.

HB 335 – State Grant Process Amendments (Rep. Val Peterson, Sen. Jerry Stevenson) — Requires that a state grant recipient agree to deliverables, reporting, audit, and clawback requirements before receiving grant funds. Establishes a default disbursement schedule for grant funds and provides for review after a specified time for grants funded by ongoing appropriations. Provides requirements specific to direct award grants and competitive grants, including allowing the Legislative Fiscal Analyst, in consultation with the appropriations subcommittee, to provide feedback before an agency awards a competitive grant. This bill has been sent to the House Government Operations Committee.

SB 1 – Higher Education Base Budget (Sen. Keith Grover, Rep. Karen Peterson) — This bill has been signed by the Governor.

SB 190 – Higher Education Development Areas (Sen. Chris Wilson) — Authorizes certain higher education institutions to designate a development area consisting of property owned by the institution with the approval of the institution’s board of trustees.

SB 192 – Higher Education Amendments (Sen. Ann Millner) — Amends certain statutory responsibilities assigned to the Board of Higher Education and shifts responsibility to institutions to better align with the Board’s role as a governing board. Combines related provisions of presidential powers between technical colleges and degree-granting institutions. Amends the statutes governing performance metrics and performance funding. Creates a requirement to demonstrate evidence of implementation of shared services within a specified period of time. Allows Talent Ready Utah to create talent advisory councils for talent initiatives. Amends requirements related to operations and maintenance funding requests. Makes technical and conforming changes.

Higher Education Appropriations Subcommitee

On Monday, February 5, the Higher Education Appropriations Subcommittee heard presentations on the higher education space utilization master plan, Concurrent Enrollment, my529, simplified admissions, and state-funded financial aid. On February 7, HEAS approved motions related to the Chairs’ proposed reductions and increases, proposed adjustments to Dedicated Credits, USHE requested internal reallocations, distribution of previously earned performance funding, vehicle expansion requests, intent language, special motions, and subcommittee proposed reallocations and increases. The committee also voted to fund 21 USHE-prioritized RFAs with reallocated funds and to advance 18 other RFAs to the Executive Appropriations Subcommittee for consideration.

HEAS meetings have concluded for the 2024 General Session, and the committee’s recommendations will be considered by the Executive Appropriations Subcommittee.

Legislation of Interest

In Progress

HB 22 – Concurrent Enrollment Revisions (Rep. Val Peterson, Sen. Lincoln Fillmore) — Expands the PRIME program eligibility by adding participation in a youth apprenticeship to the list of options for qualifying for the TRANSFORM certificate. Removes the previously specified scholarship amount ($500) of a TRANSFORM certificate and requires the Utah Board of Higher Education to determine the scholarship amount based on the number of eligible students and appropriations made by the Legislature. HB 22 passed both the House and Senate.

HB 67, 1st Sub – First Responder Mental Health Services Grant Program Amendments (Rep. Ryan Wilcox, Sen. Don L. Ipson) — Expands eligibility for the program and adds private, nonprofit institutions of higher education in Utah that are accredited by the Northwest Commission on Colleges and Universities to the list of qualifying institutions where the grant may be used. Clarifies that the grant may be applied toward tuition and fees as a last-dollar award after all other aid. Requires that the Board of Higher Education select two periods during each calendar year to accept applications and that applications will be accepted for no fewer than 30 days during each period. This bill passed the House and Senate.

HB 208, 2nd Sub – Teacher Licensure Amendments (Rep. Norman Thurston, Sen. Lincoln Fillmore) — Amends qualifications of applicants for teacher licensure. Requires the Utah State Board of Education and Utah Board of Higher Education, in consultation with administrators and staff responsible for hiring licensed educators at an LEA or regional education service agency, to develop a strategy by 2028 for expanding traditional and alternative programs for training teachers. This bill received a favorable recommendation from the House Education Standing Committee on February 8.

HB 244, 3rd Sub – Office of Legislative Auditor General Requirements (Rep. Jefferson Burton, Sen. Michael McKell) — Requires an entity that the Office of the Legislative Auditor General audits to waive any privilege that would otherwise entitle the entity to withhold information. Clarifies that OLAG’s request for data and materials from the Utah Data Research Center in connection with an audit of an entity is not a data research request or a request for a data set and requires UDRC to provide OLAG with data and materials that are not de-identified at no cost to OLAG. This bill passed the House and received a favorable recommendation from the Senate Economic Development and Workforce Services Committee on February 1.

HB 248, 1st Sub – Inmate Amendments (Rep. Melissa G. Ballard, Sen. Derrin Owens — The 1st substitute for this bill incorporates language previously found in HB 278 requiring USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated. This bill has passed the House and received a favorable recommendation from the Senate Education Committee on February 9.

HB 335, 1st Sub – State Grant Process Amendments (Rep. Val Peterson, Sen. Jerry Stevenson) — Requires that a state grant recipient agree to deliverables, reporting, audit, and clawback requirements before receiving grant funds. Provides requirements specific to direct award grants and competitive grants. This bill received a favorable recommendation from the House Government Operations Committee on February 8.

HB 346 – Talent Ready Utah Program Amendments (Rep. Jefferson Moss, Sen. Chris Wilson) — Defines terms and makes technical and conforming changes related to Talent Ready Utah. This bill has passed the House and has been sent to the Senate Education Committee.

HB 405 – Medical Student Vaccine Amendments (Rep. Kera Birkeland, Sen. Wayne Harper) — Amends provisions related to vaccine and face covering requirements for students studying in a medical setting at an institution of higher education. This bill has been sent to the House Judiciary Committee.

HB 414 – Student Right to Counsel (Rep. Jordan Teuscher) — Applies to higher education non-academic disciplinary proceedings (adjudicatory hearings in front of hearing officers or hearing panels) that can result in an individual student being expelled or suspended for at least 10 days or that can result in the suspension or removal of institutional recognition of a student organization. Establishes that institutions may not prohibit accused students, alleged victims, or accused student groups from being represented, at the student or student group’s expense, by legal representation or a non-attorney advocate. Requires institutions to ensure that an accused student, alleged victim, or accused student organization has access to all material evidence in the institution’s possession no later than one week before the proceeding begins. Requires institutions to notify accused students, alleged victims, and accused student groups of their rights under this section as soon as practicable but no later than seven days before a proceeding. Specifies that the attorney general may bring an action to enjoin a violation of this part against an institution or an institution’s agent acting in the agent’s official capacity. Provides for waivers of immunity. This bill received a favorable recommendation from the House Judiciary Committee on February 9.

HB 438 – Higher Education Revisions (Rep. Karen Peterson) — Requires a president of a degree-granting institution to make policies regarding tenure and post-tenure review. Describes certain minimum requirements for tenure and post-tenure review, including protections for academic freedom, processes for dismissing a tenured faculty member for cause or for program discontinuation or significant program modification, and more. Requires each institutional president to report annually to the Utah Board of Higher Education no later than October 1 with information from the previous year, including the number of post-tenure reviews completed, analysis of scores from post-tenure reviews (with personal information redacted), the number of post-tenure reviews that resulted in a remediation plan, a qualitative summary of the types of remediation plans created, including average timeline by which faculty are expected to address deficiencies, and, if applicable, a summary of written justification to keep tenured faculty who did not address deficiencies (personal information redacted). This bill received a favorable recommendation from the House Education Standing Committee on February 8.

SB 115 – Higher Education Tuition Amendments (Sen. Ronald Winterton, Rep. Mike Kohler) — Makes children of military members eligible for in-state tuition if the student attended at least one year of 9th-12th grade at a Utah Local Education Agency (LEA). This bill passed the Senate and has been sent to the House Education Committee.

SB 190, 1st Sub – Higher Education Development Areas (Sen. Chris Wilson) — Authorizes certain higher education institutions to designate a development area consisting of property owned by the institution with the approval of the institution’s board of trustees. Prohibits a trustee from participating in a development action if the trustee or a family member owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the board member reasonably believes is likely to participate in or receive a direct financial benefit from the development of land that is the subject of a development agreement. Requires trustees to disclose conflicts in writing to the board of trustees. This bill received a favorable recommendation from the Senate Economic Development and Workforce Services Committee on February 7.

SB 192 – Higher Education Amendments (Sen. Chris Wilson) — Authorizes certain higher education institutions to designate a development area consisting of property owned by the institution with the approval of the institution’s board of trustees. Prohibits a trustee from participating in a development action if the trustee or a family member owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the board member reasonably believes is likely to participate in or receive a direct financial benefit from the development of land that is the subject of a development agreement. Requires trustees to disclose conflicts in writing to the board of trustees. This bill received a favorable recommendation from the Senate Economic Development and Workforce Services Committee on February 7.

SB 206 – Young Adult Service Fellowship (Sen. Ann Millner) — Creates the One Utah Service Fellowship to provide a one-year service opportunity to Utah high school graduates. Provides participants a living stipend and a tuition award, as well as guidance on educational, training, certification, and apprenticeship opportunities. This bill has been sent to the Senate Education Committee.

Higher Education Appropriations Subcommitee and Executive Appropriations Subcommitee

The Higher Education Appropriations Subcommitee has concluded its meetings for the 2024 General Session. Representative Karen Peterson (HEAS House Chair), Representative Neil Walter (HEAS House Vice Chair), and Senator Keith Grover (HEAS Senate Chair) presented the HEAS commitee recommendations to the Executive Appropriations Commitee on February 13.

Legislation of Interest

(PASSED) HB 22 – Concurrent Enrollment Revisions (Rep. Val Peterson, Sen. Lincoln Fillmore) — Expands the PRIME program eligibility by adding participation in a youth apprenticeship to the list of options for qualifying for the TRANSFORM certificate. Removes the previously specified scholarship amount ($500) of a TRANSFORM certificate and requires the Utah Board of Higher Education to determine the scholarship amount based on the number of eligible students and appropriations made by the Legislature. HB 22 passed both the House and Senate.

HB 208, 2nd Sub – Teacher Licensure Amendments (Rep. Norman Thurston, Sen. Lincoln Fillmore) — Amends qualifications of applicants for teacher licensure. Requires the Utah State Board of Education and Utah Board of Higher Education, in consultation with administrators and staff responsible for hiring licensed educators at a Utah Local Education Agency (LEA) or regional education service agency, to develop a strategy by 2028 for expanding traditional and alternative programs for training teachers. This bill passed the House and has been sent to the Senate.

HB 247, 2nd Sub – Statewide Online Education Program Amendments (Rep. Dan Johnson, Sen. Ann Millner) — Requires the Utah State Board of Education and the Utah Board of Higher Education to study funding structures and access barriers related to concurrent enrollment for the Statewide Online Education Program and provide recommendations to the Education Interim Committee no later than the committee’s November 2024 meeting. This bill received a favorable recommendation from the House Education Standing Committee on January 31 and has been sent to the Senate.

HB 248, 1st Sub – Inmate Amendments (Rep. Melissa G. Ballard, Sen. Derrin Owens — The 1st substitute for this bill incorporates language previously found in HB 278 requiring USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated. This bill has passed the House and received a favorable recommendation from the Senate Education Committee on February 9.

HB 248, 2nd Sub – Inmate Amendments (Rep. Melissa G. Ballard, Sen. Derrin Owens) — Requires USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated. This bill has passed the House and received a favorable recommendation from the Senate Education Committee on February 9.

HB 346 – Talent Ready Utah Program Amendments (Rep. Jefferson Moss, Sen. Ann Millner) — Defines terms and makes technical and conforming changes related to Talent Ready Utah. This bill has passed the House and received a favorable recommendation from the Senate Education Committee on February 13.

HB 438, 1st Sub – Higher Education Revisions (Rep. Karen Peterson, Sen. Evan J. Vickers) — Requires a president of a degree-granting institution to make policies regarding tenure and post-tenure review. Describes certain minimum requirements for tenure and post-tenure review, including protections for academic freedom, processes for dismissing a tenured faculty member for cause or for program discontinuation or significant program modification, and more. Requires each institutional president to report annually to the Utah Board of Higher Education no later than October 1 with information from the previous year, including the number of post-tenure reviews completed, analysis of scores from post-tenure reviews (with personal information redacted), the number of post-tenure reviews that resulted in a remediation plan, a qualitative summary of the types of remediation plans created, including average timeline by which faculty are expected to address deficiencies, and, if applicable, a summary of written justification to keep tenured faculty who did not address deficiencies (personal information redacted). This bill passed the House and has been sent to the Senate.

HB 506 – Higher Education Residency Amendments (Rep. Marsha Judkins, Sen. Todd Weiler) — Provides that individuals on U and T nonimmigrant status, and those who can provide evidence they have applied for U and T visas, may qualify for resident tuition at USHE institutions. This bill has been sent to the House Education Committee.

SB 115 – Higher Education Tuition Amendments (Sen. Ronald Winterton, Rep. Mike Kohler) — Makes children of military members eligible for in-state tuition if the student attended at least one year of 9th-12th grade at a Utah Local Education Agency (LEA). This bill passed the Senate and received a favorable recommendation from the House Education Committee on February 15.

SB 115 – Higher Education Tuition Amendments (Sen. Ronald Winterton, Rep. Mike Kohler) — Makes children of military members eligible for in-state tuition if the student attended at least one year of 9th-12th grade at a Utah Local Education Agency (LEA). This bill passed the Senate and has been sent to the House Education Committee.

(PASSED) SB 122 – Youth Apprenticeship Governance Amendments (Sen. Ann Millner, Rep. Tyler Clancy) — Creates a youth apprenticeship governance study. This bill has passed both the House and Senate.

SB 190, 1st Sub – Higher Education Development Areas (Sen. Chris Wilson, Rep. Steve Eliason) — Authorizes certain higher education institutions to designate a development area consisting of property owned by the institution with the approval of the institution’s board of trustees. Prohibits a trustee from participating in a development action if the trustee or a family member owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the board member reasonably believes is likely to participate in or receive a direct financial benefit from the development of land that is the subject of a development agreement. Requires trustees to disclose conflicts in writing to the board of trustees. This bill passed the Senate and is currently in the House.

SB 192, 2nd Sub – Higher Education Amendments (Sen. Ann Millner, Rep. Karen Peterson) — Amends certain statutory responsibilities assigned to the Board of Higher Education and shifts responsibility to institutions to better align with the Board’s role as a governing board. Combines related provisions of presidential powers between technical colleges and degree-granting institutions. Amends the statutes governing performance metrics and performance funding. Creates a requirement to demonstrate evidence of implementation of shared services within a specified period of time. Allows Talent Ready Utah to create talent advisory councils for talent initiatives. Amends requirements related to operations and maintenance funding requests. Makes technical and conforming changes. This bill received a favorable recommendation from the Senate Education Committee on February 13.

Executive Appropriations Subcommitee

On February 23, the Executive Appropriations Commitee adopted the FY 2024 and FY 2025 budget projections and took action to adopt proposed funding items and intent language for the 2024 General Session budget.

See the EAC's proposed funding items and the list of consolidated motions.

Legislation of Interest

HB 22 – Concurrent Enrollment Revisions (Rep. Val Peterson, Sen. Lincoln Fillmore) — Expands the PRIME program eligibility by adding participation in a youth apprenticeship to the list of options for qualifying for the TRANSFORM certificate. Removes the previously specified scholarship amount ($500) of a TRANSFORM certificate and requires the Utah Board of Higher Education to determine the scholarship amount based on the number of eligible students and appropriations made by the Legislature. HB 22 passed both the House and Senate.

HB 208, 2nd Sub – Teacher Licensure Amendments (Rep. Norman Thurston, Sen. Lincoln Fillmore) — Amends qualifications of applicants for teacher licensure. Requires the Utah State Board of Education and Utah Board of Higher Education, in consultation with administrators and staff responsible for hiring licensed educators at a Utah Local Education Agency (LEA) or regional education service agency, to develop a strategy by 2028 for expanding traditional and alternative programs for training teachers. This bill passed the House and received a favorable recommendation from the Senate Education Commitee on February 21.

(PASSED) HB 244, 4th Sub – Office of Legislative Auditor General Requirements (Rep. Jefferson Burton, Sen. Michael McKell) — Establishes requirements related to the Office of the Legislator Auditor General. Clarifies that OLAG’s request for data and materials from the Utah Data Research Center in connection with an audit of an entity is not a data research request or a request for a data set and requires UDRC to provide OLAG with data and materials that are not de-identified at no cost to OLAG. This bill has passed both the House and Senate.

HB 247, 2nd Sub – Statewide Online Education Program Amendments (Rep. Dan Johnson, Sen. Ann Millner) — Requires the Utah State Board of Education and the Utah Board of Higher Education to study funding structures and access barriers related to concurrent enrollment for the Statewide Online Education Program and provide recommendations to the Education Interim Committee no later than the committee’s November 2024 meeting. This bill received a favorable recommendation from the House Education Standing Committee on January 31 and has been sent to the Senate.

HB 248, 2nd Sub – Inmate Amendments (Rep. Melissa G. Ballard, Sen. Derrin Owens) — Requires USHE institutions to consider an inmate a state resident for tuition purposes during the time the inmate is enrolled in coursework and for one year after the day on which the inmate is released from a correctional facility. Requires institutions of higher education providing education to inmates to provide relevant academic and career advising services that are substantially similar to services provided to students who are not incarcerated. This bill has passed the House and received a favorable recommendation from the Senate Education Commitee on February 9.

(PASSED) HB 286, 1st Sub – State Aid for Scholarships (Rep. Karen Peterson, Sen. Michael McKell) — Requires that alumni legacy nonresident tuition waivers be given only once and applied to a student’s first full year of non-residency status, first two semesters of non-residency status or first four quarters of non-residency status. Restricts eligibility to students with at least one parent who atended the institution (removes grandparents). This bill has passed the House and Senate.

HB 414, 1st Sub – Student Right to Counsel (Rep. Jordan Teuscher, Sen. Todd Weiler) — Applies to higher education non-academic disciplinary proceedings (adjudicatory hearings in front of hearing officers or hearing panels) that can result in an individual student being expelled or suspended for at least 10 days or that can result in the suspension or removal of institutional recognition of a student organization. Establishes that institutions may not prohibit accused students, alleged victims, or accused student groups from being represented, at the student or student group’s expense, by legal representation or a non-atorney advocate. Requires institutions to ensure that an accused student, alleged victim, or accused student organization has access to all material evidence in the institution’s possession no later than one week before the proceeding begins. Requires institutions to notify accused students, alleged victims, and accused student groups of their rights under this section as soon as practicable but no later than seven days before a proceeding. Specifies certain evidence (journals and medical and therapy-related records) cannot be used in student disciplinary proceedings and clarifies that evidence used in student disciplinary proceedings is confidential and may not be used in subsequent proceedings or disclosed to a third party other than for the purpose of the proceeding. Specifies that the atorney general may bring an action to enjoin a violation of this part against an institution or an institution’s agent acting in the agent’s official capacity. Amends government immunity provisions. This bill passed the House and received a favorable recommendation from the Senate Judiciary, Law Enforcement, and Criminal Justice Commitee on February 23.

HB 425, 2nd Sub – Health Insurance Benefit Amendments (Rep. Norman Thurston, Sen. Curtis S. Bramble) — Requires a pharmacy benefit manager to pass through pharmaceutical rebates to health benefit plans. Requires a health benefit plan to ensure pharmaceutical rebates are used for certain purposes. Enacts provisions related to pharmacy network requirements for health benefit plans. Requires pharmacy benefit managers to offer certain options to self-funded benefit plans. This bill passed the House and is currently in the Senate.

HB 438, 1st Sub – Higher Education Revisions (Rep. Karen Peterson, Sen. Evan J. Vickers) — Requires a president of a degree-granting institution to make policies regarding tenure and post-tenure review. Describes certain minimum requirements for tenure and post-tenure review, including protections for academic freedom, processes for dismissing a tenured faculty member for cause or for program discontinuation or significant program modification, and more. Requires each institutional president to report annually to the Utah Board of Higher Education no later than October 1 with information from the previous year, including the number of post-tenure reviews completed, analysis of scores from post-tenure reviews (with personal information redacted), the number of post-tenure reviews that resulted in a remediation plan, a qualitative summary of the types of remediation plans created, including average timeline by which faculty are expected to address deficiencies, and, if applicable, a summary of writen justification to keep tenured faculty who did not address deficiencies (personal information redacted). This bill passed the House and received a favorable recommendation from the Senate Education Commitee on February 23.

SB 192, 4th Sub – Higher Education Amendments (Sen. Ann Millner, Rep. Karen Peterson) — Amends certain statutory responsibilities assigned to the Board of Higher Education and shifts responsibility to institutions to beter align with the Board’s role as a governing board. Combines related provisions of presidential powers between technical colleges and degree-granting institutions. Amends the statutes governing performance metrics and performance funding. Creates a requirement to demonstrate evidence of implementation of shared services and program alignment within a specified period of time. Allows Talent Ready Utah to create talent advisory councils for talent initiatives. Amends requirements related to operations and maintenance funding requests. Makes technical and conforming changes and appropriations. This bill passed the Senate and received a favorable recommendation from the House Education Commitee on February 23.

Executive Appropriations Subcommitee

The Executive Appropriations Commitee adopted the FY 2024 and FY 2025 budget projections and took action to adopt proposed funding items and intent language for the 2024 General Session budget. See the EAC’s proposed funding items and the list of consolidated motions. EAC’s final meeting took place on February 29, where the commitee approved additional funding items and end-of-session budget actions.

Passed Legislation of Interest

HB 19 Higher Education Financial Aid Amendments: This legislation allows course related materials and textbooks to be covered by the Utah National Guard tuition and fees assistance program.

HB 202 Student Athlete Amendments: This legislation enacts provisions related to name, image, or likeness of student athletes. It protects the contracts from open government record requests.

HB 208 Teacher Licensure Amendments: This legislation requires the Board of Higher Education and the State Board of Education to consider more programs leading to the ability to become a licensed educator.

HB 216 Eliminating Minimum Time Requirements for Professional Training: This legislation changes the required amount of training to obtain licenses for funeral service directors and other professions.

HB 247 Statewide Online Education Program Amendments and HB 493 Concurrent Enrollment Participation: Both bills make changes to concurrent enrollment regulations. HB 247 requires the Board of Higher Education and the State Board of Education to study barriers to access and funding structures related to concurrent enrollment and report back to the legislature. HB 493 requires LEAs to contract with any eligible institutions of higher education that offers online concurrent enrollment courses.

HB 248 Inmate Amendments: The bill requires degree granting institutions of higher education to provide inmates academic and career advising services similar to those provided to other students. Inmates are also to be granted state resident tuition rates, among other changes.

HB 257 Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities: The legislation establishes a standard regarding distinctions on the basis of sex and applies the standard in certain facilities and opportunities where designations on the basis of sex address individual privacy, bullying, and women’s opportunities.

HB 261 Equal Opportunity Initiatives: This legislation prohibits an institution of higher education, the public education system, and a governmental employer from taking certain actions and engaging in discriminatory practices.

HB 396 Workplace Discrimination Amendments, HB 460 Government Employee Conscience Protection Amendments, and SB 150 Exercise of Religion Amendments: All three bills provide for protections and accommodations of employees religious and sincerely held beliefs regarding work duties.

HB 438 Higher Education Revisions: This legislation modifies and clarifies the responsibilities of a president of a degree-granting institution. It requires post-tenure policies and minimum requirements for tenure and post-tenure processes.

SB 115 Higher Education Tuition Amendments: This legislation extends resident tuition status to immediate family members of military personnel.

SB 158 Youth Service Organizations: Requires background checks on sex offender registries for employees and volunteers who are responsible for the care and or supervision of children as well as training to recognize sexual abuse.

SB 192 Higher Education Amendments: This large bill amends performance funding metrics, clarifies duties of boards of trustees and the Board of Higher Education, clarifies duties and powers of institution presidents, and other changes to higher education governance.