§ 53E-3-801 — Definitions.

As used in this part:
(1) (1)(a) "Cost" means an estimation of state and local money required to implement a federal education agreement or national program.
(1)(b) "Cost" does not include capital costs associated with implementing a federal education agreement or national program.
(2) "Education entities" means the entities that may bear the state and local costs of implementing a federal program or national program, including:

(2)(a) the state board;
(2)(b) the state superintendent;
(2)(c) a local school board;
(2)(d) a school district and its schools;
(2)(e) a charter school governing board; and
(2)(f) a charter school.
(3) "Federal education agreement" means a legally binding document or representation that requires a school official to implement a federal program or set of requirements that originates from the U.S. Department of Education and that has, as a primary focus, an impact on the educational services at a district or charter school.
(4) "Federal programs" include:

(4)(a) the No Child Left Behind Act;
(4)(b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and
(4)(c) other federal educational programs.
(5) "National program" means a national or multi-state education program, agreement, or standards that:

(5)(a) originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact;
(5)(b) have, as a primary focus, an impact on the educational services at a public school; and
(5)(c) are adopted by the state board or state superintendent with the intent to cause a local school official to implement the national or multi-state education program, agreement, or standards.
(6) "No Child Left Behind Act" means the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.
(7) "School official" includes:

(7)(a) the state board;
(7)(b) the state superintendent;
(7)(c) employees of the state board and the state superintendent;
(7)(d) local school boards;
(7)(e) school district superintendents and employees; and
(7)(f) charter school governing board members, administrators, and employees.

Legislative History

Amended by Chapter 186, 2019 General Session