§ 53E-3-802 — Federal programs -- School official duties.

(1) School officials may:

(1)(a) apply for, receive, and administer funds made available through programs of the federal government;
(1)(b) only expend federal funds for the purposes for which they are received and are accounted for by the state, school district, or charter school; and
(1)(c) reduce or eliminate a program created with or expanded by federal funds to the extent allowed by law when federal funds for that program are subsequently reduced or eliminated.
(2) School officials shall:

(2)(a) prioritize resources, especially to resolve conflicts between federal provisions or between federal and state programs, including:
(2)(a)(i) providing first priority to meeting state goals, objectives, program needs, and accountability systems as they relate to federal programs; and
(2)(a)(ii) subject to Subsection (4), providing second priority to implementing federal goals, objectives, program needs, and accountability systems that do not directly and simultaneously advance state goals, objectives, program needs, and accountability systems;
(2)(b) interpret the provisions of federal programs in the best interest of students in this state;
(2)(c) maximize local control and flexibility;
(2)(d) minimize additional state resources that are diverted to implement federal programs beyond the federal money that is provided to fund the programs;
(2)(e) request changes to federal educational programs, especially programs that are underfunded or provide conflicts with other state or federal programs, including:
(2)(e)(i) federal statutes;
(2)(e)(ii) federal regulations; and
(2)(e)(iii) other federal policies and interpretations of program provisions; and
(2)(f) seek waivers from all possible federal statutes, requirements, regulations, and program provisions from federal education officials to:
(2)(f)(i) maximize state flexibility in implementing program provisions; and
(2)(f)(ii) receive reasonable time to comply with federal program provisions.
(3) The requirements of school officials under this part, including the responsibility to lobby federal officials, are not intended to mandate school officials to incur costs or require the hiring of lobbyists, but are intended to be performed in the course of school officials' normal duties.
(4) (4)(a) As used in this Subsection (4):
(4)(a)(i) "Available Income Tax Fund revenue surplus" means the Income Tax Fund revenue surplus after the statutory transfers and set-asides described in Section 63J-1-313.
(4)(a)(ii) " Income Tax Fund revenue surplus" means the same as that term is defined in Section 63J-1-313.
(4)(b) Before prioritizing the implementation of a future federal goal, objective, program need, or accountability system that does not directly and simultaneously advance a state goal, objective, program need, or accountability system, the state board may:
(4)(b)(i) determine the financial impact of failure to implement the federal goal, objective, program need, or accountability system; and
(4)(b)(ii) if the state board determines that failure to implement the federal goal, objective, program need, or accountability system may result in a financial loss, request that the Legislature mitigate the financial loss.
(4)(c) A mitigation requested under Subsection (4)(b)(ii) may include appropriating available Income Tax Fund revenue surplus through an appropriations act, including an appropriations act passed during a special session called by the governor or a general session.
(4)(d) This mitigation option is in addition to and does not restrict or conflict with the state's authority provided in this part.

Legislative History

Amended by Chapter 456, 2022 General Session