(2) (a) A person seeking election to the State Board of Education shall have been a resident of the State Board of Education district in which the person is seeking election for at least one year as of the date of the election. (b) A person who has resided within the State Board of Education district, as the boundaries of the district exist on the date of the election, for one year immediately preceding the date of the election shall be considered to have met the requirements of this Subsection (2). (3) A State Board of Education member shall: (a) be and remain a registered voter in the State Board of Education district from which the member was elected or appointed; and (b) maintain the member's primary residence within the State Board of Education district from which the member was elected or appointed during the member's term of office. (4) A State Board of Education member may not, during the member's term of office, also serve as an employee of the State Board of Education.

(1) If a vacancy occurs on the State Board of Education for any reason other than the expiration of a member's term, the governor, with the consent of the Senate, shall fill the vacancy by appointment of a qualified member to serve out the unexpired term. (2) The lieutenant governor shall issue a certificate of appointment to the appointed member and certify the appointment to the board.

(1) As used in this section: (a) "Board" means the State Board of Education. (b) "Education entity" means: (i) an entity that receives a distribution of state funds through a grant program managed by the board under this title; (ii) an entity that enters into a contract with the board to provide an educational good or service; (iii) a school district; or (iv) a charter school. (c) "Educational good or service" means a good or service that is required or regulated under: (i) this title; or (ii) a rule authorized under this title. (d) "Local education agency" or "LEA" means: (i) a school district; (ii) a charter school; or (iii) the Utah Schools for the Deaf and the Blind.

(2) (a) The State Board of Education has general control and supervision of the state's public education system. (b) "General control and supervision" as used in Utah Constitution, Article X, Section 3, means directed to the whole system.

(3) The board may not govern, manage, or operate school districts, institutions, and programs, unless granted that authority by statute.

(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to execute the board's duties and responsibilities under the Utah Constitution and state law. (b) The board may delegate the board's statutory duties and responsibilities to board employees.

(5) (a) The board may sell any interest it holds in real property upon a finding by the board that the property interest is surplus. (b) The board may use the money it receives from a sale under Subsection (5)(a) for capital improvements, equipment, or materials, but not for personnel or ongoing costs. (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency or institution administered by the board, the money may only be used for purposes related to the agency or institution. (d) The board shall advise the Legislature of any sale under Subsection (5)(a) and related matters during the next following session of the Legislature.

(6) The board shall develop policies and procedures related to federal educational programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal or National Education Programs Act.

(7) On or before December 31, 2010, the State Board of Education shall review mandates or requirements provided for in board rule to determine whether certain mandates or requirements could be waived to remove funding pressures on public schools on a temporary basis.

(8) (a) If an education entity violates this title or rules authorized under this title, the board may, in accordance with the rules described in Subsection (8)(c): (i) require the education entity to enter into a corrective action agreement with the board; (ii) temporarily or permanently withhold state funds from the education entity; (iii) require the education entity to pay a penalty; or (iv) require the education entity to reimburse specified state funds to the board. (b) Except for temporarily withheld funds, if the board collects state funds under Subsection (8)(a), the board shall pay the funds into the Uniform School Fund. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules: (i) that require notice and an opportunity to be heard for an education entity affected by a board action described in Subsection (8)(a); and (ii) to administer this Subsection (8). (d) The board shall report criminal conduct of an education entity to the district attorney of the county where the education entity is located.

(9) The board may audit the use of state funds by an education entity that receives those state funds as a distribution from the board.

(10) The board may require, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for an educational good or service, the LEA shall require in the contract that the third party contractor shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with: (a) this title; and (b) board rule authorized under this title.

(11) (a) The board may appoint an attorney to provide legal advice to the board and coordinate legal affairs for the board and the board's employees. (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the Attorney General. (c) An attorney described in Subsection (11)(a) may not: (i) conduct litigation; (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201; or (iii) issue formal legal opinions.

(a) (i) the qualification and certification of educators and ancillary personnel who provide direct student services; (ii) required school administrative and supervisory services; and (iii) the evaluation of instructional personnel; (b) (i) access to programs; (ii) attendance; (iii) competency levels; (iv) graduation requirements; and (v) discipline and control; (c) (i) school accreditation; (ii) the academic year; (iii) alternative and pilot programs; (iv) curriculum and instruction requirements; (v) school libraries; and (vi) services to: (A) persons with a disability as defined by and covered under: (I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102; (II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and (III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and (B) other special groups; (d) (i) state reimbursed bus routes; (ii) bus safety and operational requirements; and (iii) other transportation needs; and (e) (i) school productivity and cost effectiveness measures; (ii) federal programs; (iii) school budget formats; and (iv) financial, statistical, and student accounting requirements.

(2) The State Board of Education shall determine if: (a) the minimum standards have been met; and (b) required reports are properly submitted.

(3) The State Board of Education may apply for, receive, administer, and distribute to eligible applicants funds made available through programs of the federal government.

(4) (a) A technical college listed in Section 53B-2a-105 shall provide competency-based career and technical education courses that fulfill high school graduation requirements, as requested and authorized by the State Board of Education. (b) A school district may grant a high school diploma to a student participating in a course described in Subsection (4)(a) that is provided by a technical college listed in Section 53B-2a-105.

(1) The salary for a member of the State Board of Education is set in accordance with Section 36-2-3. (2) Compensation for a member of the State Board of Education is payable monthly. (3) A State Board of Education member may participate in any group insurance plan provided to employees of the State Board of Education as part of the State Board of Education member's compensation on the same basis as required for employee participation. (4) In addition to the provisions of Subsections (1) and (3), a State Board of Education member may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(i) the same as the salary for a member of the Legislature; and (ii) except as provided in Subsection (4)(b), set in accordance with this section and Subsection 36-2-2(1). (b) For purposes of setting the salary for a member of the State Board of Education: (i) a calendar day for the annual general session described in Subsection (1)(b)(i)(A) is interpreted as a calendar day of: (A) a meeting of the State Board of Education; and (B) any other meeting authorized by the State Board of Education; and (ii) unless the Legislative Compensation Commission issues a revised report on or after July 1, 2016, the salary for a member of the State Board of Education through calendar year 2016 is $273 per day for each calendar day that a member attends a meeting described in Subsection (4)(b)(i)(A) or (B).