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[Utah Code Table of Contents]
[TITLE 53b. Table of Contents]
53B-1-101 Purpose of title.
It is the purpose of this title:
(1) to provide a high quality, efficient, and economical public system of higher education through centralized direction and master planning which:
(a) avoids unnecessary duplication;
(b) provides for the systematic and orderly development of facilities and quality programs;
(c) provides for coordination and consolidation; and
(d) provides for systematic development of the role or roles of each institution within the system of higher education consistent with the historical heritage and tradition of each institution;
(2) to vest in the State Board of Regents the power to
govern the state system of higher education consistent with
state law and delegate certain powers to institutional boards
of trustees and institutional presidents, and to vest certain
powers in institutional boards of trustees and institutional
presidents.
1991
53B-1-101.5 Definitions.
As used in this title:
(1) "Board" means the State Board of Regents established in Section 53B-1-103 .
(2) "Commissioner" means the commissioner of higher education
appointed in accordance with Section
53B-1-105
.
2001
53B-1-102 State system of higher education.
(1) The state system of higher education consists of the following institutions:
(a) State Board of Regents;
(b) the University of Utah;
(c) Utah State University of Agricultural and Applied Science, hereafter referred to in this title as Utah State University;
(d) Weber State University;
(e) Southern Utah University;
(f) Snow College;
(g) Dixie State College of Utah;
(h) the College of Eastern Utah;
(i) Utah Valley State College;
(j) Salt Lake Community College;
(k) the Utah College of Applied Technology; and
(l) other public post-high school educational institutions as the Legislature may designate.
(2) A change in the name of an institution within the system of higher education shall not be considered a change in the role or mission of the institution, unless otherwise authorized by the State Board of Regents.
(3) It is not the intent of the Legislature to increase the number of research universities in the state beyond the University of Utah and Utah State University.
(4) These institutions are empowered to sue and be sued
and to contract and be contracted with.
2001
53B-1-103 Establishment of State Board of Regents - Powers and authority.
(1) There is established a State Board of Regents.
(2) (a) The board is vested with the control, management, and supervision of the institutions of higher education designated in Section 53B-1-102 in a manner consistent with the policy and purpose of this title and the specific powers and responsibilities granted to it.
(b) The board is vested with the following powers relating to the Utah College of Applied Technology and its college campuses:
(i) approving each competency-based associate of applied technology degree before allowing a college campus to offer the degree;
(ii) making rules governing the transfer of applied technology education degrees awarded by the Utah College of Applied Technology to other higher education institutions;
(iii) appointing the president for the Utah College of Applied Technology in accordance with Section 53B-2a-102 and board policy; and
(iv) facilitating and coordinating the operation of the Utah College of Applied Technology within the system of higher education.
(c) Except for the Utah College of Applied Technology, the board may modify the name of an institution under its control and management, as designated in Section 53B-1-102 , to reflect the role and general course of study of the institution.
(3) The board is the State Postsecondary Review Entity for Utah for purposes of Title IV, Part H, of the federal Higher Education Act of 1965, as amended by the Higher Education Act Amendments of 1992.
(4) This section does not affect the power and authority
vested in the State Board of Education to apply for, accept,
and manage federal appropriations for the establishment and
maintenance of applied technology education.
2003
53B-1-104 Membership of the board - Student appointee - Terms - Oath - Officers - Committees - Bylaws - Meetings - Quorum - Vacancies - Compensation.
(1) (a) The board shall consist of 18 residents of the state.
(b) (i) Fifteen members shall be appointed by the governor with the consent of the Senate.
(ii) (A) One additional member shall be appointed by the governor from nominations of the student body presidents council.
(B) The council shall nominate three qualified, matriculated students enrolled in the state institutions of higher education.
(C) Student body presidents are not eligible for nomination.
(iii) All appointments to the board shall be made on a nonpartisan basis.
(iv) In making appointments to the board, the governor shall select:
(A) individuals from the state at large with due consideration for geographical representation; and
(B) at least three individuals with personal experience in applied technology education, which could include service on a campus board of directors.
(c) (i) In addition to the members designated under Subsection (1)(b), two members of the State Board of Education, appointed by the chair of the State Board of Education, shall serve as nonvoting members of the board.
(ii) A nonvoting member shall continue to serve as a member without a set term until the member is replaced by the chair of the State Board of Education.
(2) (a) Five members of the board, other than the student member and the State Board of Education members, shall be appointed during each odd-numbered year to six-year staggered terms which commence on July 1 of the year of appointment.
(b) (i) The student member shall be appointed for a one-year term and may be reappointed for one additional term.
(ii) The student member has full voting rights and may vote on selection of a board chair or vice chair, but not serve in either office.
(c) Board members shall hold office until their successors have been appointed and qualified.
(3) (a) Each member of the board shall take the official oath of office before entering upon the duties of office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(4) The board shall elect a chair and vice chair from its members who shall serve terms of two years and until their successors are chosen and qualified.
(5) (a) The board shall appoint a secretary from the staff of its chief executive to serve at its discretion.
(b) The secretary shall be a full-time employee who receives a salary set by the board.
(c) The secretary shall record and maintain a record of all board meetings and perform other duties as the board directs.
(6) The board shall appoint a treasurer who serves at the discretion of the board.
(7) (a) The board may establish advisory committees.
(b) The powers and authority of the board are nondelegable, except as specifically provided for in this title.
(c) All matters requiring board determination shall be addressed in a properly convened meeting of the board or its executive committee.
(8) The board shall enact bylaws for its own government not inconsistent with the constitution or the laws of this state.
(9) (a) The board shall meet regularly upon its own determination.
(b) The board may also meet, in full or executive session, at the request of its chair, its executive officer, or five members of the board.
(10) A quorum of the voting members of the board is required to conduct its business and consists of nine members.
(11) (a) A vacancy in the board occurring before the expiration of a voting member's full term shall be immediately filled by appointment by the governor with the consent of the Senate.
(b) The appointee serves for the remainder of the unexpired term.
(12) (a) Each member of the board shall receive a per diem as provided by law as compensation for services for attending meetings of the board.
(b) Each member shall also be paid actual expenses incurred
for attending meetings of the board or its committees or
for attending to any business of the institutions under the
direction of the board or authority of the board or its committees.
2006
53B-1-105 Appointment of commissioner of higher education - Qualifications - Duties.
(1) The board appoints a commissioner of higher education to serve at its pleasure as its chief executive officer. The board sets the salary of the commissioner and prescribes the commissioner's duties and functions. The commissioner is selected on the basis of outstanding professional qualifications.
(2) The commissioner is responsible to the board to: (a)
insure that its policies and programs are properly executed;
(b) furnish information about the state system of higher
education and make recommendations regarding that information
to the board; (c) provide state-level leadership in all activities
affecting institutions in the state system of higher education;
and (d) perform other duties assigned by the board in carrying
out its duties and responsibilities.
1987
53B-1-106 Appointment and hiring of staff - Transfer of functions, personnel, and funds.
Upon the commissioner's recommendation, the board appoints
and hires a staff of professional and administrative personnel
to serve at its pleasure. Salaries, retirement provisions,
other benefits, and capacities of service are determined
by the board. If the board transfers a staff function from
an institution's own staff, the funds budgeted by the institution
for the transferred functions are transferred to the board.
Transferred personnel retain their retirement and other benefits
and seniority of term standing with the institution from
which they are transferred.
1987
53B-1-107 Annual report of board activities.
The board shall submit an annual report of its activities
to the governor and to the Legislature and shall provide
copies to all institutions in the state system of higher
education.
1987
53B-1-108 Board succeeds to rights and duties of predecessor board and council.
The board is the successor to and is vested with all rights,
duties, obligations, and liabilities to which its predecessor
governing boards and the Coordinating Council of Higher Education
were subject, except as otherwise provided by law.
1987
53B-1-109 (Effective 01/01/07). Coordination of higher education and public education information technology systems - Use of unique student identifier.
(1) As used in this section, "unique student identifier" has the same meaning as provided in Section 53A-1-603.5 .
(2) The State Board of Regents and State Board of Education shall coordinate public education and higher education information technology systems to allow individual student academic achievement to be tracked through both education systems in accordance with this section and Section 53A-1-603.5 .
(3) Information technology systems utilized at an institution
within the state system of higher education shall utilize
the unique student identifier of all students who have previously
been assigned a unique student identifier.
2006
