53H-1 - System of Higher Education

Title 53H > 53H-1

Sections (31)

General Provisions

53H-1-101 - Title 53H Definitions.

As used in this title: 53H-1-101(1) “Academic education” means an educational program that: is offered by an institution of higher education described in Subsection 53H-1-102(1)(a); andleads to academic certificates or associate, bachelor’s, graduate, or professional degrees as the board defines.”Academic education” does not include technical education. 53H-1-101(2) “Board” means the Utah Board of Higher Education described in Section 53H-1-203. 53H-1-101(3) “Career and technical education” means an educational program that:is designed to meet industry needs;leads to:a certificate offered by an institution described in Subsection 53H-1-102(1)(b) or Section 53H-3-609; ora degree; andmay qualify for funding under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. 2301 et seq. 53H-1-101(4) “Commissioner” means the commissioner of higher education appointed in accordance with Section 53H-1-302. 53H-1-101(5) “Degree-granting institution of higher education” or “degree-granting institution” means an institution of higher education described in Subsection 53H-1-102(1)(a). 53H-1-101(6) “Institution board of trustees” or “board of trustees” means:a degree-granting institution of higher education board of trustees described in Section 53H-3-202; ora technical college board of trustees described in Section 53H-3-205. 53H-1-101(7) “Institution of higher education” or “institution” means an institution of higher education listed in Subsection 53H-1-102(1)(a) and (b) and includes:a branch or affiliated institution; ora campus or facilities owned, operated, or controlled by the board of trustees of the institution of higher education. 53H-1-101(8) “Private postsecondary educational institution” means an institution that:does not receive direct funding through state appropriations; andprovides higher education programs.”Private postsecondary educational institution” includes:a private nonprofit college or university; anda private for-profit college or university. 53H-1-101(9) “Technical college” means an institution of higher education described in Subsection 53H-1-102(1)(b). 53H-1-101(10) “Technical education” means an educational program that:is offered by an institution of higher education described in Subsection 53H-1-102(1)(a) and (b), or a degree-granting institution acting in the degree-granting institution’s technical education role described in Section 53H-3-609;prepares students for employment in occupations that do not require a degree; andmeets the needs of Utah’s employers for technically skilled workers.”Technical education” does not include general education.

53H-1-102 - Utah system of higher education.

53H-1-102(1) The Utah system of higher education consists of the following:degree-granting institutions, which are:the University of Utah;Utah State University;Weber State University;Southern Utah University;Snow College;Utah Tech University;Utah Valley University; andSalt Lake Community College;technical colleges, which are:Bridgerland Technical College;Davis Technical College;Dixie Technical College;Mountainland Technical College;Ogden-Weber Technical College;Southwest Technical College;Tooele Technical College; andUintah Basin Technical College;the Utah Board of Higher Education; andother public post-high school educational institutions as the Legislature may designate. 53H-1-102(2) A change in the name of an institution within the Utah system of higher education is not a change in the role or mission of the institution, unless otherwise authorized by the board. 53H-1-102(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. 53H-1-102(4) An institution or board described in Subsection (1) is empowered to sue and be sued and to contract and be contracted with.

Utah Board of Higher Education

53H-1-201 - General Provisions — Definitions.

Reserved.

53H-1-202 - Establishment of initial board membership in 2023.

53H-1-202(1) The governor shall appoint, with the advice and consent of the Senate, individuals to the board, to ensure that the board consists of 10 members with new terms in accordance with this section. 53H-1-202(2) Except for the appointment of the student member described in Section 53H-1-204(3)(c), the governor shall appoint each individual to a two-year, four-year, or six-year term to ensure that one-third of the members complete the members’ terms on June 30 of each odd number year. 53H-1-202(3) Following the appointments described in this section, the governor shall fill a vacancy on the board in accordance with Section 53H-1-204. 53H-1-202(4) Notwithstanding Section 67-1-2, for an appointment described in this section:a majority of the president of the Senate, the Senate majority leader, and the Senate minority leader may waive the 30-day requirement described in Subsection 67-1-2(2); andthe Senate is not required to hold a confirmation hearing.

53H-1-203 - Establishment of board — Powers, duties, and authority — Reports.

53H-1-203(1) There is established the Utah Board of Higher Education, which:is the governing board for the institutions of higher education; andcontrols, oversees, and regulates the Utah System of Higher Education in a manner consistent with the purpose of this title and the specific powers and responsibilities granted to the board.The University of Utah shall provide administrative support for the board.Notwithstanding Subsection (1)(b)(i), the board shall maintain the board’s independence, including in relation to the powers and responsibilities granted to the board. 53H-1-203(2) The board shall:establish and promote a state-level vision and goals for higher education that emphasize data-driven retrospective and prospective system priorities, including:quality;affordability;access and equity;completion;workforce alignment and preparation for high-quality jobs; andeconomic growth;establish system policies and practices that advance the vision and goals;establish metrics to demonstrate and monitor:performance related to the goals; andperformance on measures of operational efficiency;collect and analyze data including economic data, demographic data, and data related to the metrics;govern data quality and collection across institutions;establish, approve, and oversee each institution’s mission and role in accordance with Section 53H-3-602;assess an institution’s performance in accomplishing the institution’s mission and role;participate in the establishment and review of programs of instruction in accordance with Section 53H-3-603;perform the following duties related to an institution of higher education president, including:hiring an institution of higher education president in accordance with Section 53H-3-302;through the commissioner and the board’s executive committee:providing support and guidance to an institution of higher education president; andevaluating an institution of higher education president based on institution performance and progress toward systemwide priorities;setting the terms of employment for an institution of higher education president, including performance-based compensation, through an employment contract or another method of establishing employment; andestablishing, through a confidential process, a statewide succession plan to develop potential institution presidents from within the system;create and implement a strategic finance plan for higher education, including by:establishing comprehensive budget and finance priorities for academic education and technical education;allocating statewide resources to institutions;setting tuition for each institution;administering state financial aid programs;administering performance funding in accordance with Chapter 8, Part 3, Performance Funding; anddeveloping a strategic capital facility plan and prioritization process in accordance with Chapter 9, Part 5, General Capital Developments, and Sections 53H-9-604 and 53H-9-605;create and annually report to the Higher Education Appropriations Subcommittee on a seamless articulated education system for Utah students that responds to changing demographics and workforce, including by:providing for statewide prior learning assessment, in accordance with Section 53H-3-702;establishing and maintaining clear pathways for articulation and transfer, in accordance with Section 53H-3-604;establishing degree program requirement guidelines, including credit hour limits;aligning general education requirements across degree-granting institutions;coordinating and incentivizing collaboration and partnerships between institutions in delivering programs;coordinating distance delivery of programs;coordinating work-based learning; andemphasizing the system priorities and metrics described in Subsections (2)(a) and (c);coordinate with the public education system:regarding public education programs that provide postsecondary credit or certificates; andto ensure that an institution of higher education providing technical education serves secondary students in the public education system;delegate to an institution board of trustees certain duties related to institution governance including:guidance and support for the institution president;effective administration;the institution’s responsibility for contributing to progress toward achieving systemwide goals; andother responsibilities determined by the board;delegate to an institution of higher education president management of the institution of higher education;consult with an institution of higher education board of trustees or institution of higher education president before acting on matters pertaining to the institution of higher education;maximize efficiency throughout the Utah System of Higher Education by identifying and establishing shared administrative services, beginning with:commercialization;services for compliance with Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;information technology services; andhuman resources, payroll, and benefits administration;develop strategies for providing higher education, including career and technical education, in rural areas;manage and facilitate a process for initiating, prioritizing, and implementing education reform initiatives, beginning with common applications and direct admissions;provide ongoing quality review of programs;before each annual legislative general session, provide to the Higher Education Appropriations Subcommittee a prioritization of all projects and proposals for which the board or an institution of higher education seeks an appropriation; andcoordinate with the Department of Corrections to establish educational programs for inmates as described in Section 64-13-6. 53H-1-203(3) The board shall submit an annual report of the board’s activities and performance against the board’s goals and metrics to:the Education Interim Committee;the Higher Education Appropriations Subcommittee;the governor; andeach institution of higher education. 53H-1-203(4) The board shall prepare and submit an annual report detailing the board’s progress and recommendations on workforce related issues, including career and technical education, to the governor and to the Education Interim Committee by December 1 of each year, including information detailing:how institutions of higher education are meeting the career and technical education needs of secondary students;how the system emphasized high demand, high wage, and high skill jobs in business and industry;performance outcomes, including:entered employment;job retention; andearnings;an analysis of workforce needs and efforts to meet workforce needs; andstudent tuition and fees. 53H-1-203(5) The board may modify the name of an institution of higher education to reflect the role and general course of study of the institution. 53H-1-203(6) The board may not take action relating to merging a technical college with another institution of higher education without legislative approval. 53H-1-203(7) 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 career and technical education. 53H-1-203(8) The board shall ensure that any training or certification that an employee of the higher education system is required to complete under this title or by board rule complies with Title 63G, Chapter 22, State Training and Certification Requirements. 53H-1-203(9) The board shall demonstrate compliance with Subsection (2)(p) by providing to the Higher Education Appropriations Subcommittee:on or before October 1, 2024, evidence of implementation of at least one shared administrative service;on or before October 1, 2025, evidence of implementation of at least two shared administrative services; andon or before October 1, 2026, evidence of implementation of at least three shared administrative services. 53H-1-203(10) If the Higher Education Appropriations Subcommittee finds the board to be out of compliance with Subsection (9), the Legislature shall:deduct 10% of the appropriation described in Section 53H-8-302 for the following fiscal year; anddeduct an additional 10% of the appropriation described in Section 53H-8-302 for each subsequent year of noncompliance up to a maximum deduction of 30%.

53H-1-204 - Membership of the board — Student appointee — Terms — Oath — Officers — Committees — Bylaws — Meetings — Quorum — Vacancies — Compensation — Training.

53H-1-204(1) The board consists of 10 residents of the state whom the governor appoints with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, and this section. 53H-1-204(2) For an appointment effective July 1, 2023, the governor shall appoint the member in accordance with Section 53H-1-202.Except for an individual whom the governor appoints as described in Section 53H-1-202, the term of each member of the Utah Board of Higher Education expires on July 1, 2023. 53H-1-204(3) The governor shall make all appointments to the board on a nonpartisan basis.An individual may not serve simultaneously on the board and an institution board of trustees.The governor shall appoint at least one student member to the board.Notwithstanding Subsection (1), the governor’s appointment of a student member described in Subsection (3)(c) is not subject to the advice and consent of the Senate.The governor shall ensure that the membership of the board includes:members with various experience, including in degree-granting institution governance, technical college governance, and representation from various industry sectors; andat least one member who resides in:a county of the third through sixth class; ora county of the second class with a national park and two or more state parks. 53H-1-204(4) Except as provided in Subsection (4)(a)(ii) and Section 53H-1-202, the governor shall appoint board members to six-year staggered terms beginning on July 1 of the year of appointment.The governor shall appoint the student member described in Subsection (3)(c) to a one-year term.A board member other than the student member described in Subsection (3)(c) may serve up to two consecutive full terms.The student member described in Subsection (3)(c) may not serve more than one full term. 53H-1-204(5) The governor may, after consulting with the president of the Senate, remove a member for cause. 53H-1-204(6) A board member shall take the official oath of office before entering upon the duties of office.The board shall file the oath described in Subsection (6)(a) with the Division of Archives and Records Services. 53H-1-204(7) The board shall elect a chair and vice chair from among the board’s members to serve terms of two years and until the board chooses and qualifies successors. 53H-1-204(8) The board shall appoint a secretary from the commissioner’s staff to serve at the board’s discretion.The board’s secretary is a full-time employee.The secretary shall record and maintain a record of all board meetings and perform other duties as the board directs. 53H-1-204(9) The board may establish advisory committees, including a faculty and staff advisory committee.The board shall address all matters requiring board determination in a properly convened meeting of the board or the board’s executive committee. 53H-1-204(10) The board shall enact bylaws for the board’s own government not inconsistent with the constitution or the laws of this state.The board shall provide for an executive committee in the bylaws that:has the full authority of the board to act upon routine matters during the interim between board meetings;may not act on nonroutine matters except under extraordinary and emergency circumstances; andshall report to the board at the board’s next meeting following an action undertaken by the executive committee. 53H-1-204(11) The board shall meet regularly upon the board’s own determination.The board may also meet, in full or executive session, at the request of the chair, the commissioner, or at least five members of the board. 53H-1-204(12) The board may not conduct the board’s business without the agreement of a majority of the board. 53H-1-204(13) The governor shall immediately fill a vacancy in the board occurring before the expiration of a member’s full term in accordance with this section.An individual whom the governor appoints under Subsection (13)(a) shall serve for the remainder of the unexpired term. 53H-1-204(14) Subject to Subsection (14)(a)(ii), a member shall receive a daily salary for each calendar day that the member attends a board meeting that is the same as the daily salary for a member of the Legislature described in Section 36-2-3.A member may receive a salary for up to 10 calendar days per calendar year.A member may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 53H-1-204(15) The commissioner shall provide to each member:initial training when the member joins the board; andongoing annual training. 53H-1-204(16) A board member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

53H-1-205 - Board Member Qualifications.

53H-1-205(1) The board shall develop qualifications for the composition of the board to ensure that combined, the board members have:a range of experience, including experience in industry;varied areas of expertise; andvaried geographic representation. 53H-1-205(2) In developing the qualifications, the board shall consider:expertise in:business or industry;technical education;general education; andadvanced education and research;geographic representation; andknowledge or experience in a field including:finance;accounting or auditing;law;facilities or real estate;educational delivery models;workforce development;economic development;kindergarten through grade 12 education; andeducational quality assessment. 53H-1-205(3) The board shall consult with the governor to develop the qualifications described in this section.

53H-1-206 - Committees.

The board may form committees to support the board in fulfilling the board’s duties.

53H-1-207 - Coordination of higher education and public education information technology systems — Use of unique student identifier.

53H-1-207(1) As used in this section:“Center” means the Utah Data Research Center created in Section 53H-15-202.”Unique student identifier” means the same as that term is defined in Section 53E-4-308. 53H-1-207(2) The board and State Board of Education, in collaboration with the center, 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 53E-4-308; andcoordinate access to the unique student identifier of a public education student who later attends an institution of higher education. 53H-1-207(3) Information technology systems used at an institution of higher education shall use the unique student identifier of all students who have previously been assigned a unique student identifier.

53H-1-208 - Board guidance to degree-granting institutions on student housing.

53H-1-208(1) compliance with the requirements for sex-designated dwelling units within the degree-granting institution’s student housing, as those terms are defined in Section 63G-31-305, and the provision of dwelling units that are not sex-designated; and 53H-1-208(2) practices to ensure individual privacy within the degree-granting institution’s student housing.

53H-1-209 - Standardized systems prescribed by the board.

The board shall prescribe for all institutions under its jurisdiction standardized systems of accounts, records, and reports covering in sufficient detail the operations of the institutions under its control.

53H-1-210 - Utah Board of Higher Education successor to rights and duties.

53H-1-210(1) The board is the successor to and is vested with all rights, duties, obligations, and liabilities to which its predecessor governing boards, the Utah System of Technical Colleges Board of Trustees, and the Coordinating Council of Higher Education were subject, except as otherwise provided by law. 53H-1-210(2) For the Utah System of Technical Colleges Board of Trustees, the board:is vested with all rights, titles, privileges, powers, obligations, liabilities, immunities, franchises, endowments, assets, property, and claims;shall fulfill and perform all obligations, including obligations relating to outstanding bonds and notes; andmay continue an administrative rule.

Commissioner of Higher Education

53H-1-301 - General Provisions — Definitions.

53H-1-302 - Appointment of commissioner of higher education — Qualifications — Associate commissioners — Duties — Office.

53H-1-302(1) The board, upon approval from the governor and with the advice and consent of the Senate, shall appoint a commissioner of higher education to serve at the board’s pleasure as the board’s chief executive officer.The following may terminate the commissioner:the board; orthe governor, after consultation with the board.The board shall:set the salary of the commissioner;subject to Subsection (3), prescribe the duties and functions of the commissioner; andselect a commissioner on the basis of outstanding professional qualifications. 53H-1-302(2) The commissioner may appoint associate commissioners.An associate commissioner described in Subsection (2)(a) is not subject to the approval of the board. 53H-1-302(3) The commissioner is responsible to the board to:ensure the proper execution of the policies, programs, and strategic plan of the board;furnish information about the Utah System of Higher Education and make recommendations regarding that information to the board;provide state-level leadership in any activity affecting an institution of higher education;in consultation with the board’s executive committee and in accordance with Subsection 53H-1-203(2), evaluate and provide support and guidance to an institution of higher education president; andperform other duties the board assigns in carrying out the board’s duties and responsibilities. 53H-1-302(4) The commissioner is responsible to the governor to:inform the governor about the board’s strategic plan and progress on accomplishing the strategic plan;inform the governor of significant issues impacting the Utah System of Higher Education; andprovide other information and updates as requested by the governor.

53H-1-303 - Appointment and hiring of staff.

53H-1-303(1) The commissioner may appoint and hire a staff of professional, legal, and administrative personnel. 53H-1-303(2) The commissioner shall determine salaries, retirement provisions, and other benefits for the staff described in this section.

Reports and Oaths of Office.

53H-1-401 - General Provisions — Definitions.

53H-1-402 - Reports to and actions of the Higher Education Appropriations Subcommittee.

53H-1-402(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Higher Education Appropriations Subcommittee:the reports described in Sections 53H-1-502, 53H-1-503, and 53H-1-504;the reports described in Section 53H-1-203 by the board on:system wide responses to changing demographics and workforce; andthe board’s activities and performance against the board’s goals and metrics;the report described in Section 53H-5-205;the report described in Section 53H-8-202 by the board on recommended appropriations for higher education institutions and the board, including the report described in Section 53H-11-406 by the board on the effects of offering nonresident partial tuition scholarships;the report described in Section 53H-8-306 by the Department of Workforce Services and the Governor’s Office of Economic Opportunity on targeted jobs;the reports described in Section 53H-8-303 by the board on performance;the report described in Section 53H-11-402 by the board on the Opportunity Scholarship Program;the report described in 53H-13-309 regarding the talent advisory councils;the report described in Section 53H-11-414 by the board on the Utah Promise Program;the report described in Section 53H-6-202 by the board on an institution compensating a student athlete for the use of the student athlete’s name, image, or likeness;the report described in Section 53H-1-604 regarding the Higher Education and Corrections Council; andthe report described in Section 53E-10-308 by the State Board of Education and board on student participation in the concurrent enrollment program. 53H-1-402(2) In accordance with applicable provisions and Section 68-3-14, the following occasional report is due to the Higher Education Appropriations Subcommittee: the board’s report regarding each institution’s strategic reinvestment plan described in Section 53H-8-210. 53H-1-402(3) In accordance with applicable provisions, the Higher Education Appropriations Subcommittee shall complete the following:an appropriation recommendation described in Section 53H-1-504 regarding compliance with Subsections 53H-1-504(5) and (14); andas required by Section 53H-8-304, the review of performance funding described in Section 53H-8-304. 53H-1-402(4) In consultation with the board, the Higher Education Appropriations Subcommittee shall study a re-design of:the performance funding model described in Chapter 8, Part 3, Performance Funding, to better ensure:institutional alignment with the statewide system of higher education and the institution’s mission within the statewide system; andinvestment in meeting localized and statewide workforce demands and securing post-graduation employment outcomes; andenrollment-based funding, including, for technical colleges, funding distribution models that:include equivalent funding value for secondary and adult students; andreflect the full responsibility of the technical college’s statutorily-required services.

53H-1-403 - Other required reports to the Legislature or state level entities.

53H-1-403(1) The following entities shall submit reports to the Education Interim Committee as described in each referenced section:the board shall submit:an annual report regarding the board’s activities and performance against the board’s goals and metrics as described in Section 53H-1-203;an annual report detailing the board’s progress and recommendations on workforce related issues as described in Section 53H-1-203;a report regarding an institution compensating a student athlete for the use of the student athlete’s name, image, or likeness as described in Section 53H-6-202;an annual report regarding the talent advisory councils as described in Section 53H-13-309;the Office of Legislative Research and General Counsel shall provide a summary regarding the data collected from campus expression climate surveys as described in Section 53H-1-504;the Utah Education and Telehealth Network shall provide an annual report as described in Section 53H-4-213.7;an institution with and without housing facilities shall provide an annual report regarding crime statistics as described in Section 53H-7-603;the Center for Civic Excellence at Utah State University shall provide a report before July 1, 2029, regarding implementation as described in Section 53H-4-307.6;the Rocky Mountain Center for Occupational and Environmental Health Advisory Board shall provide by July 1 each year a report as described in Section 53H-5-205; the Utah Data Research Center shall provide an annual report as described in Section 53H-15-303;the Higher Education and Corrections Council shall provide an annual report as described in Section 53H-1-604; andthe commissioner shall provide, in collaboration with the entities described in Subsection 53H-13-405(1), an annual report regarding the cooperative education program as described in Section 53H-13-407. 53H-1-403(2) The following entities shall submit reports to the Executive Appropriations Committee as described in each referenced section:the board shall submit:in the September 2025 meeting, a report regarding institutions’ strategic reinvestment plans as described in Section 53H-8-210; andin the September 2026 and 2027 meetings, a report regarding the progress of institutions in executing the institutions’ strategic reinvestment plan as described in Section 53H-8-210; andthe Nucleus Institute shall provide an annual report as described in Section 53H-16-406. 53H-1-403(3) The following entities shall submit reports to the Natural Resources, Agriculture, and Environment Interim Committee as described in each referenced section:the Utah State University Bingham Entrepreneurship and Energy Research Center shall annually report as described in Section 53H-4-316; andthe Utah State University Food Security Council shall prepare and submit an annual written report as described in Section 53H-4-313. 53H-1-403(4) The following entities shall submit reports to the Economic Development and Workforce Services Interim Committee as described in each referenced section:the commissioner shall provide, in collaboration with the entities described in Subsection 53H-13-405(1), an annual report regarding the cooperative education program as described in Section 53H-13-407;Utah State University shall provide a report every three years regarding the remote online opportunities program as described in Section 53H-4-312;the Utah State University Food Security Council shall prepare and submit an annual written report as described in Section 53H-4-313; andthe Nucleus Institute shall provide an annual report as described in Section 53H-16-406. 53H-1-403(5) The ASPIRE Engineering Research Center at Utah State University shall provide an annual report to the Transportation and Infrastructure Appropriations Subcommittee as described in Section 53H-4-306.6. 53H-1-403(6) The Utah Data Research Center shall provide an annual report to the Business and Labor Interim Committee as described in Section 53H-15-305. 53H-1-403(7) The board shall provide the following reports to state agencies and departments as described in each referenced section:to the Division of Facilities Construction and Management and others upon request, an annual technical college lease report as described in Section 53H-9-602;to the Department of Veterans and Military Affairs, an annual report regarding number of credits awarded as described in Section 53H-3-703; andto the Rules Review and General Oversight Committee, an annual report regarding civil liberties complaints as described in Section 53H-7-303. 53H-1-403(8) The board shall provide to the general session of the Legislature for budget recommendation purposes an annual report regarding:waivers of tuition as described in Section 53H-11-307; andnonresident tuition scholarships as described in Section 53H-11-405. 53H-1-403(9) An institution shall provide the following reports as described in each referenced section:to the institution’s governing board and published on the governing board’s website, the institution’s required prohibited submissions described in Section 53H-1-502;to the board, disclosures of foreign gifts received as described in Section 53H-8-503;for a qualifying institution, to the board annually regarding the faculty incentive component of the Engineering and Computer Science Initiative as described in Section 53H-1-603;for a degree-granting institution:to the board annually regarding post-tenured data as described in Section 53H-3-406;to the board annually regarding technical education as described in Section 53H-3-609;for a technical college:to the board annually regarding secondary student needs and access to programs as described in Section 53H-3-1203;to the board annually regarding annual leases as described in Section 53H-9-602;on a date the board determines for 2026 and 2027, regarding the institution’s progress in executing the institution’s strategic reinvestment plan as described in Section 53H-8-210;in accordance with rules the board establishes, to the board annually regarding the Opportunity scholarships awarded as described in Section 53H-11-402;in accordance with rules the board establishes, reports related to the promise grants as described in Section 53H-11-414;to the board annually regarding credit for prior learning as described in Section 53H-3-702; andfor an institution with or without housing facilities, an annual report regarding crime statistics to the Law Enforcement and Criminal Justice Interim Committee as described in Section 53H-7-603. 53H-1-403(10) An institution’s board of trustees shall provide to the board annually a report regarding any approved contracts or grants as described in Section 53H-8-208. 53H-1-403(11) The commissioner shall provide the following reports as described in each referenced section:an annual summary report regarding institutional matches for the faculty incentive component of the Engineering and Computer Science Initiative as described in Section 53H-1-603; andin collaboration with the entities described in Subsection 53H-13-405(1), an annual report regarding the cooperative education program as described in Section 53H-13-407 to the Talent, Education, and Industry Alignment Board and the board. 53H-1-403(12) The Talent Ready Utah Program shall provide an annual report to the board as described in Section 53H-13-304. 53H-1-403(13) The Utah Works Program shall provide an annual report to the board as described in Section 53H-13-307. 53H-1-403(14) The University of Utah shall provide an annual report to the governor regarding the engineering experiment station as described in Section 53H-4-208. 53H-1-403(15) The Center for Civic Excellence at Utah State University vice provost shall annually report to the provost, the president of the institution, and the commissioner as described in Section 53H-4-307.6.

53H-1-404 - Oaths of office.

Notwithstanding Section 52-1-2 , except as otherwise provided in this title, an individual whom one of the following appoints or employs is not required to take an official oath of office: 53H-1-404(1) the board; 53H-1-404(2) the commissioner; 53H-1-404(3) an institution; 53H-1-404(4) an institution board of trustees; or 53H-1-404(5) the president of an institution.

Equal Opportunity Initiatives

53H-1-501 - General Provisions — Definitions.

53H-1-502 - Prohibition on the use of certain submissions in higher education — Exceptions.

53H-1-502(1) As used in this section, “prohibited submission” means the same as that term is defined in Section 67-27-107. 53H-1-502(2) Except as provided in Subsections (4) and (6), an institution may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to:employment, including decisions regarding:hiring;terms of employment;benefits;compensation;seniority status;tenure or continuing status;promotion;performance reviews;transfer;termination; orappointment;admission to, advancement in, or graduation from an institution or an academic program;participation in an institution-sponsored program; orqualification for or receipt of state financial aid or other state financial assistance. 53H-1-502(3) An institution may not grant any form of preferential consideration to an individual who, with or without solicitation from the institution, provides a prohibited submission for consideration for any action described in Subsection (2). 53H-1-502(4) If federal law requires an institution to accept or require a prohibited submission, the institution:may accept the prohibited submission only to the extent required under federal law; andshall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law. 53H-1-502(5) For a required prohibited submission under Subsection (4), an institution shall:prepare a report to the institution’s governing board detailing the circumstances under which a prohibited submission is required; andpublish the report described in Subsection (5)(a) on the institution’s governing board website in a conspicuous location. 53H-1-502(6) Nothing in this section limits or prohibits an institution’s authority to establish policies that:are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment;require disclosure of an employee’s academic research, classroom teaching, or coursework; orrequire an applicant for employment, tenure, or promotion to disclose or discuss the applicant’s:research;teaching agenda;artistic creations; orpedagogical approaches or experiences with students of all learning abilities. 53H-1-502(7) The board shall conduct a biennial review of an institution of higher education’s compliance with this section as follows:for 2025, on each institution of higher education; andfor 2026, and every year after, on one-half of the degree granting institutions of higher education and one-half of the technical colleges.If the board identifies a violation of this section, the board shall:on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; andprovide the institution 180 days after the day of the creation of the remediation plan to cure the violation. 53H-1-502(8) On or before November 1 of each year, the board shall prepare and submit a report to the Higher Education Appropriations Subcommittee on:the review process and each institution’s compliance determination; orif a violation is identified, the remediation plan and progress under Subsection (7)(b). 53H-1-502(9) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (7)(b). 53H-1-502(10) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual’s complaint against an institution for an alleged violation of this section.

53H-1-503 - Prohibition on the use of certain training in higher education — Exceptions.

53H-1-503(1) As used in this section:“Prohibited training” means a mandatory instructional program and related materials that an institution requires the institution’s employees, prospective employees, students, or prospective students, to attend that promote prohibited discriminatory practices as that term is defined in Section 53H-1-504.”Prohibited training” includes an in-person or online seminar, discussion group, workshop, other program, or related materials. 53H-1-503(2) An institution may not require prohibited training. 53H-1-503(3) An institution shall annually train the institution’s faculty and staff on academic freedom and freedom of speech in accordance with state or federal law. 53H-1-503(4) Nothing in this section limits or prohibits an institution’s authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment. 53H-1-503(5) The board shall conduct a biennial review of an institution of higher education’s compliance with this section as follows:for 2025, on each institution of higher education; andfor 2026, and every year after, on one-half of the institutions of higher education and one-half of the technical colleges.If the board identifies a violation of this section, the board shall:on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; andprovide the institution 180 days after the day of the creation of the remediation plan to cure the violation. 53H-1-503(6) On or before November 1 of each year, the board shall prepare and submit a report to the Higher Education Appropriations Subcommittee on:the review process and each institution’s compliance determination; orif a violation is identified, the remediation plan and progress under Subsection (5)(b). 53H-1-503(7) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (5)(b). 53H-1-503(8) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual’s complaint against an institution for an alleged violation of this section.

53H-1-504 - Prohibited discriminatory practices — Restrictions — Campus climate survey — Exceptions.

53H-1-504(1) As used in this section:“Important government interest” means a governmental purpose relating to:athletic competition or athletic safety in public education; orprivacy, including compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex.”Personal identity characteristics” means an individual’s race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity.”Prohibited discriminatory practice” means engaging in or maintaining a policy, procedure, practice, program, office, initiative, or required training that, based on an individual’s personal identity characteristics:promotes the differential treatment of an individual without an important government interest;influences the employment decisions of an individual other than through the use of neutral hiring processes with regard to personal identity characteristics and in accordance with federal law;influences an individual’s admission to, advancement in, or graduation from an institution, the public education system, or an academic program; orinfluences an individual’s participation in an institution-sponsored or public education system-sponsored program.”Prohibited discriminatory practice” also means engaging in or maintaining a policy, procedure, practice, program, office, initiative, or required training that:asserts that one personal identity characteristic is inherently superior or inferior to another personal identity characteristic;asserts that an individual, by virtue of the individual’s personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, whether consciously or unconsciously;asserts that an individual should be discriminated against in violation of Title VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive beneficial treatment because of the individual’s personal identity characteristics;asserts that an individual’s moral character is determined by the individual’s personal identity characteristics;asserts that an individual, by virtue of the individual’s personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics;asserts that an individual should feel discomfort, guilt, anguish, or other psychological distress solely because of the individual’s personal identity characteristics;asserts that meritocracy is inherently racist or sexist;asserts that socio-political structures are inherently a series of power relationships and struggles among racial groups;promotes resentment between, or resentment of, individuals by virtue of their personal identity characteristics;ascribes values, morals, or ethical codes, privileges, or beliefs to an individual because of the individual’s race, color, ethnicity, sex, sexual orientation, national origin, or gender identity;considers an individual’s personal identity characteristics in determining receipt of state financial aid or other state financial assistance, including a scholarship award or tuition waiver; oris referred to or named diversity, equity, and inclusion.”Prohibited discriminatory practice” does not include policies or procedures required by state or federal law, including laws relating to prohibited discrimination or harassment.”Student success and support” means an office, division, employment position, or other unit of an institution established or maintained to provide support, guidance, and resources that equip all students, including all students at higher risk of not completing a certificate or degree, with experiences and opportunities for success in each student’s academic and career goals, and without excluding individuals on the basis of an individual’s personal identity characteristics.”Title VI” means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.”Title VII” means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.”Title IX” means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq. 53H-1-504(2) An institution may not:engage in prohibited discriminatory practices;take, express, or assert a position or opinion on subjects described in Subsection 67-27-107(1)(b)(ii);establish or maintain 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; oremploy or assign an employee or a third-party whose duties for an institution include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to prohibited discriminatory practices. 53H-1-504(3) An institution shall:ensure that all students have access to programs providing student success and support;publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, and training sessions on the institution’s website in an online database readily searchable by the public;annually train employees on the separation of personal political advocacy from an institution’s business and employment activities;develop strategies, including inviting speakers, to promote viewpoint diversity; andestablish policies and procedures to include opportunities for education and research on free speech and civic education. 53H-1-504(4) The board shall report to the Higher Education Appropriations Subcommittee on the status and allocation of appropriated funds for student success and support. 53H-1-504(5) The Legislature shall, in a line item appropriation, appropriate ongoing funding to support an institution’s student success and support program in accordance with this section. 53H-1-504(6) On or before January 1, 2025, the board shall contract with a third-party contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to conduct a campus expression climate survey of each institution:to assess student, faculty, and staff perceptions of and experiences with an institution’s campus environment that measures the student’s, faculty member’s, and staff member’s perception of and experience with an institution’s campus environment; andthat measures the student’s, faculty member’s, and staff member’s perception of and experience with campus policy and practice regarding freedom of speech and academic freedom at the institution.The board shall collect the results of each campus expression climate survey under Subsection (6) and submit the results to the Office of Legislative Research and General Counsel beginning on or before July 1. 53H-1-504(7) The Office of Legislative Research and General Counsel shall provide a summary report on the data collected from the campus expression climate surveys to the Education Interim Committee on or before:November 1, 2027, for reports received in years 2025, 2026, and 2027;November 1, 2030, for reports received in years 2028, 2029, and 2030; andNovember 1, 2033, for reports received in years 2031, 2032, and 2033.On or before November 1, 2035, the Office of Legislative Research and General Counsel shall provide a comprehensive report of the campus expression climate surveys to the Education Interim Committee. 53H-1-504(8) Nothing in this section requires an individual to respond to a campus expression climate survey. 53H-1-504(9) Nothing in this section limits or prohibits an institution’s authority to establish policies that:are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment;require disclosure of an employee’s academic research, classroom teaching, or coursework; orrequire for employment, tenure, or promotion to disclose or discuss the applicant’s:research;teaching agenda;artistic creations; orpedagogical approaches or experiences with students of all learning abilities. 53H-1-504(10) This section does not apply to:requirements necessary for athletic and accreditation compliance;academic research;academic course teaching in the classroom;a grant that would otherwise require:a department, office, division, or other unit of an institution to engage in a prohibited discriminatory practice if the grant has been reviewed and approved by the institution’s board of trustees; oran institution to engage in a prohibited discriminatory practice if the grant has been reviewed and approved by the board;requirements necessary for an institution to establish or maintain eligibility for any federal program; orprivate scholarships administered by an institution. 53H-1-504(11) Notwithstanding any other provision of this chapter or of Chapter 3, Institutions of Higher Education Generally, the University of Utah may take any action required for the University of Utah to comply with the terms of an agreement entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024. 53H-1-504(12) The board shall conduct a biennial review of an institution of higher education’s compliance with this section as follows:for 2025, on each institution of higher education; andfor 2026, and every year after, on one-half of the degree granting institutions of higher education and one-half of the technical colleges.If the board identifies a violation of this section, the board shall:on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; andprovide the institution 180 days after the day of the creation of the remediation plan to cure the violation. 53H-1-504(13) On or before November 1 of each year, the board shall prepare and submit a report to the Higher Education Appropriations Subcommittee on:the review process and each institution’s compliance determination; orif a violation is identified, the remediation plan and progress under Subsection (12)(b). 53H-1-504(14) On or before December 1 of each year, the Higher Education Appropriations Subcommittee shall:report the findings under Subsections (4) and (13) to the Legislature; andmake appropriation recommendations about an institution’s compliance with this section. 53H-1-504(15) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (12)(b). 53H-1-504(16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual’s complaint against an institution for an alleged violation of this section.

Initiatives and Councils

53H-1-601 - General Provisions — Definitions.

53H-1-602 - Engineering and Computer Technology Initiative.

53H-1-602(1) The commissioner of higher education, under the direction of the board shall develop, establish, and maintain an Engineering and Computer Science Initiative within the state system of higher education to increase the number of graduates in engineering, computer science, and related technology.The commissioner of higher education, under the direction of the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as “related technology” under this section and Section 53H-1-603.The initiative shall include components that:improve the quality of instructional programs in engineering, computer science, and related technology by providing supplemental money for equipment purchases; andprovide incentives to institutions to hire and retain faculty under Section 53H-1-603. 53H-1-602(2) The increase in program capacity under Subsection (1)(a) shall include funding for new and renovated capital facilities and funding for new engineering and computer science programs. 53H-1-602(3) The Legislature shall provide an annual appropriation to the board to fund the initiative.

53H-1-603 - Incentive program for engineering, computer science, and related technology faculty.

53H-1-603(1) The Legislature shall provide an annual appropriation to help fund the faculty incentive component of the Engineering and Computer Science Initiative established under Section 53H-1-602. 53H-1-603(2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in engineering, computer science, and related technology fields under guidelines established by the commissioner of higher education, under the direction of the board. 53H-1-603(3) An institution of higher education shall match the appropriation on a one-to-one basis in order to qualify for state money appropriated under Subsection (1).Qualifying institutions shall annually report their matching dollars to the board.The commissioner of higher education shall make a summary report of the institutional matches. 53H-1-603(4) The commissioner of higher education, under the direction of the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute the state appropriation to qualifying institutions.

53H-1-604 - Higher Education and Corrections Council.

53H-1-604(1) As used in this section:“Correctional facility” means the same as that term is defined in Section 64-13-1.”Council” means the Higher Education and Corrections Council created in this section.”Department” means the Department of Corrections created in Section 64-13-2.”Inmate” means the same as that term is defined in Section 64-13-1. 53H-1-604(2) There is created the Higher Education and Corrections Council to advise the board, the Education Interim Committee, and the Higher Education Appropriations Subcommittee regarding the development and delivery of accredited higher education curriculum to incarcerated individuals in the state correctional system. 53H-1-604(3) The council consists of the following 11 members:a member of the House of Representatives whom the speaker of the House of Representatives appoints;a member of the Senate whom the president of the Senate appoints;the commissioner or the commissioner’s designee;the following two members whom the commissioner appoints and who are engaged in prison education and have expertise in transfer articulation:one employee of a technical college; andone employee of a degree-granting institution;the following two members whom the governor appoints:an individual who actively researches higher education delivered in a corrections setting using evidence-based practices; anda formerly incarcerated individual who participated in postsecondary educational programs while incarcerated;one member of the Board of Pardons and Parole whom the chair of the Board of Pardons and Parole appoints;the executive director of the Department of Corrections or the executive director’s designee;one employee of the Department of Corrections with expertise in education whom the executive director of the Department of Corrections appoints; andthe executive director of the Department of Workforce Services or the executive director’s designee. 53H-1-604(4) The members described in Subsections (3)(a) and (3)(b) shall serve as co-chairs of the council.Except as provided under Subsection (4)(b)(ii), an appointed member of the council shall serve a term of two years.A council member’s term ends on the day on which the member’s status that allows the member to serve on the council under Subsection (3) ends.The individuals authorized to make appointments under Subsection (3) shall make the respective appointments:before July 1 of each odd-numbered year, by:reappointing the council member whose term expires under Subsection (4)(b)(i); orappointing a new council member; andin the case of a vacancy created under Subsection (4)(b)(ii), for the remainder of the vacated term.The individual authorized to make appointments under Subsection (3) may change the relevant appointment described in Subsection (3) at any time for the remainder of the existing term. 53H-1-604(5) The salary and expenses of a council member who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.A council member who is not a legislator:may not receive compensation or benefits for the member’s service on the council; andmay receive per diem and reimbursement for travel expenses that the council member incurs as a council member at the rates that the Division of Finance establishes under:Sections 63A-3-106 and 63A-3-107; andrules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107. 53H-1-604(6) A majority of the council members constitutes a quorum.The action of a majority of a quorum constitutes an action of the council. 53H-1-604(7) The commissioner shall provide staff support to the council. 53H-1-604(8) The council shall:coordinate, facilitate, and support higher education delivered in the state’s correctional facilities, including the county jails under contract with the Department of Corrections to house inmates, to prepare incarcerated individuals for integration and productive employment upon release;explore and provide recommendations to the board and the Department of Corrections for the efficient and effective delivery of higher education programs to incarcerated individuals, including:evidence-based practices and technologies;methods of maximizing and facilitating incarcerated individuals’ access to educational programs;methods of supporting and facilitating timely completion of courses, certificates, and degrees;methods of emphasizing educational programs that:align with current and future workforce demands of the state;lead to occupations that are accessible to released incarcerated individuals;provide sustainable wages following release; andmaximize accessibility and timely completion during incarceration;use of cross-institutional application of coursework toward certificates and degrees;use of coursework that encourages personal and civic development; andmethods of leveraging innovative course delivery, including technology resources;explore methods and make recommendations for the collection and analysis of critical data regarding:enrollment and completion of postsecondary education courses, certificate programs, credentials, and degree programs;federal and state student aid awarded to incarcerated individuals;costs of postsecondary education in prison, including any recommendations for continued improvement; andoutcomes of formerly incarcerated individuals who participated in postsecondary programming during incarceration if the individual is under the supervision of the Division of Adult Probation and Parole created in Section 64-14-202, including recidivism, employment, and post-release postsecondary education engagement; andrecommend requests for legislative appropriations to the board to support the purposes and objectives of the council. 53H-1-604(9) The council shall annually report regarding the council’s plans and programs, the number of enrollees served, and the number of enrollees receiving degrees and certificates to:the board;before the committee’s November interim committee meeting, the Education Interim Committee; andat least 30 days before the beginning of the annual legislative session, the Higher Education Appropriations Subcommittee. 53H-1-604(10) A degree-granting institution of higher education providing education to inmates in a correctional facility shall provide relevant academic and career advising services that are substantially similar to services provided to a student who is not a confined or incarcerated individual. 53H-1-604(11) Each participating institution of higher education described in this section shall report annually to the council regarding the guidance and support provided.

Interstate Agreements

53H-1-701 - General Provisions — Definitions.

53H-1-702 - WICHE compact.

As empowered by law, the governor of Utah has duly entered into a compact the text of which is as follows: Article I. Whereas, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and Whereas, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the States have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and Whereas, it is believed that the Western States, or groups of such states within the Region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof: Now, therefore, the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming do hereby covenant and agree as follows: Article II. Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this compact. Article III. The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the Commission. The Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories. Article IV. The Commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed. The commissioners from each state and territory shall be appointed by the governor as provided by law in the state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed. The terms of each commissioner shall be four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term. Article V. Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole number of compacting states and territories. One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business. Each compacting state and territory represented at any meeting of the Commission is entitled to one vote. Article VI. The Commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact. The Commission shall fix and determine their duties, qualifications, and compensation, having due regard for the importance of the responsibilities involved. The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the Commission. Article VII. The Commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control. The Commission may elect such committees as it deems necessary for the carrying out of its functions. The Commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings. The Commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required. The Commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region. Prior to January 16 of each year, the Commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year. The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his designated representative. The Commission shall not be subject to the audit in the accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit. Article VIII. It is the duty of the Commission to enter in such contractual agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields. For this purpose the Commission may enter into contractual agreements: (a) with the governing authority of any educational institution in the Region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties; and (b) with the governing authority of an educational institution in the Region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired service and facilities, upon such terms and conditions as the Commission may prescribe. It is the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources for meeting those needs, and the long-range effects of the Compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting the studies, the Commission may confer with any national or regional planning body which may be established. The Commission shall draft and recommend to the governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region. For the purposes of this Compact, “Region” means the geographical limits of the several compacting states and territories. Article IX. The operating costs of the Commission shall be apportioned equally among the compacting states and territories. Article X. This Compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption. Article XI. This Compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing that consent by the Legislature and governor of the terminating state. Any state or territory may at any time withdraw from this Compact by means of appropriate legislation to that end. The withdrawal is not effective until two years after written notice by the governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the Commission. The withdrawal shall not relieve the withdrawing state or territory from its obligations under the compact accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission. Article XII. If any compacting state or territory at any time defaults in the performance of any of its obligations assumed or imposed in accordance with this Compact, all rights, privileges, and benefits conferred by this Compact or agreements under the Compact are suspended from the effective date of that default as fixed by the Commission. Unless the default is remedied within a period of two years following the effective date of the default, this Compact may be terminated with respect to the defaulting state or territory by affirmative vote of 3/4 of the other member states or territories. The defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has defaulted; and (b) application to and the approval by a majority vote of the Commission.

53H-1-702.1 - WICHE Compact — Commissioners — Duties — Records of academic progress — Cancellation of student registration.

53H-1-702.1(1) The commissioners are the three resident members from the state of Utah, required by Article IV of the compact, and are authorized to function as representatives of the state on the Western Interstate Commission for Higher Education. 53H-1-702.1(2) The commissioners’ duties are as follows:to study the need for professional and graduate educational facilities not available within this state;to recommend appropriations to meet the needs of this act;to provide for screening of all applicants for professional, graduate, or higher educational study not available within the state in accordance with established rules; andto certify to out of state institutions under the compact all acceptable candidates. 53H-1-702.1(3) An applicant may not be certified unless the applicant has been a bona fide resident of the state for at least the five years prior to the date of application. 53H-1-702.1(4) Students must maintain continuous Utah residency during the students’ attendance at an out of state institution in order to receive financial support under the compact.If Utah residency is terminated by a student during any academic year in which the student has received financial support under the compact, the support shall be relinquished and terminated at the end of that academic year. 53H-1-702.1(5) The Commissioner of Higher Education shall maintain records of the academic progress of Utah students receiving financial support under the compact while attending out of state institutions.If the records reveal a student is not progressing satisfactorily, upon recommendation of the out of state institution, the commissioner shall cancel the student’s registration and withhold future payments otherwise due.

53H-1-703 - Interstate reciprocity agreement regarding postsecondary distance education courses.

53H-1-703(1) As used in this section:“Distance education” means instruction offered by a means where the student and faculty member are in separate physical locations.”Eligible Institution” means a degree-granting postsecondary education entity.”Postsecondary education” means education or educational services offered primarily to an individual who:has completed or terminated the individual’s secondary or high school education; oris beyond the age of compulsory school attendance. 53H-1-703(2) The board may execute an interstate reciprocity agreement for postsecondary distance education:for an eligible institution that offers a postsecondary distance education course or program; andthat requires an eligible institution to meet certain standards to become authorized to operate under the interstate reciprocity agreement. 53H-1-703(3) If the board executes an interstate reciprocity agreement under Subsection (2), the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:standards for granting an eligible institution authorization to operate under the interstate reciprocity agreement;a filing, document, or membership fee required for an eligible institution to obtain authorization under the interstate reciprocity agreement; anda process for administering the interstate reciprocity agreement.