§ 53H-8-210 — Higher education strategic reinvestment.

(1) As used in this section:
(1)(a) "Reinvestment funds" means the amount of money the Legislature appropriates to the board for strategic reinvestment in accordance with this section.
(1)(b) "Strategic reinvestment plan" means a plan described in Subsection (3) that each degree-granting institution develops to reallocate reinvestment funds to certain strategic investments.
(2) The board may transfer to a degree-granting institution the reinvestment funds dedicated to the degree-granting institution if:
(2)(a) for the 2026 fiscal year:
(2)(a)(i) the respective degree-granting institution provides to the board the degree-granting institution's strategic reinvestment plan;
(2)(a)(ii) the board approves the degree-granting institution's strategic reinvestment plan; and
(2)(a)(iii) after receiving a report from the board regarding the strategic reinvestment plan in the meeting of the Executive Appropriations Committee in September 2025, the Executive Appropriations Committee makes a determination that the relevant degree-granting institution's strategic reinvestment plan satisfies the requirements of this section; and
(2)(b) for each of the 2027 and 2028 fiscal years:
(2)(b)(i) the respective degree-granting institution provides to the board a report on the degree-granting institution's progress in executing the degree-granting institution's strategic reinvestment plan; and
(2)(b)(ii) after receiving a report from the board regarding the degree-granting institution's execution of the strategic reinvestment plan in the meeting of the Executive Appropriations Committee in September of 2026 and 2027, respectively, the Executive Appropriations Committee makes a determination that the relevant degree-granting institution has progressed in executing the degree-granting institution's strategic reinvestment plan in accordance with this section.
(3) Each degree-granting institution shall:
(3)(a) prepare and submit the degree-granting institution's strategic reinvestment plan in accordance with Subsections (3)(b) and (c) based on:
(3)(a)(i) demonstrated enrollment data;
(3)(a)(ii) completion rate and timely completion;
(3)(a)(iii) discipline-related professional outcomes, including placement, employment, licensure, and wage outcomes;
(3)(a)(iv) current and future localized and statewide workforce demands;
(3)(a)(v) program-level cost; and
(3)(a)(vi) the degree-granting institution's mission and role within the statewide system;
(3)(b) in consultation with the board, develop a strategic reinvestment plan that:
(3)(b)(i) identifies programs, courses, degrees, departments, colleges, or other divisions of the degree-granting institution, operational efficiencies, and other components of the degree-granting institution's instruction and administrative functions, including dean positions and other administration positions, that merit further investment;
(3)(b)(ii) identifies programs, courses, degrees, departments, colleges or other divisions of the degree-granting institution, operational inefficiencies, and other components of the degree-granting institution's instruction and administrative functions, including dean positions and other administration positions, that the degree-granting institution will reduce or eliminate to shift resources, in an amount at least equal to the amount of reinvestment funds dedicated to the degree-granting institution, to the strategic investments described in Subsection (3)(b)(i);
(3)(b)(iii) retains a core general education curricula that enables students to acquire critical thinking, problem solving, citizenship, communication, and other durable skills; and
(3)(b)(iv) includes an accounting demonstrating the reallocation of resources from the reduced or eliminated items described in Subsection (3)(b)(ii) to the strategic investments described in Subsection (3)(b)(i) in the following amounts:
(3)(b)(iv)(A) for fiscal year 2026, at least 30% of the total of the reinvestment funds dedicated to the degree-granting institution;
(3)(b)(iv)(B) for fiscal year 2027, at least 70% of the total of the amount of reinvestment funds dedicated to the degree-granting institution; and
(3)(b)(iv)(C) for fiscal year 2028, 100% of the total of the reinvestment funds dedicated to the degree-granting institution; and
(3)(c) before a date that the board identifies in each of 2026 and 2027, submit to the board a report on the degree-granting institution's progress in executing the degree-granting institution's strategic reinvestment plan, which may include modifications to the plan if the modified plan meets the requirements of this section.
(4) The board shall:
(4)(a) during the 2025 fiscal year:
(4)(a)(i) establish standards for the reallocations described in the strategic reinvestment plans; and
(4)(a)(ii) provide guidance to the degree-granting institutions of higher education on metrics and evaluative processes for the degree-granting institutions to use in analyzing programs and budgets to develop the strategic reinvestment plan;
(4)(b) review each degree-granting institution's strategic reinvestment plan and approve plans that meet the requirements of this section; and
(4)(c) report on each degree-granting institution's strategic reinvestment plan to:
(4)(c)(i) in August of 2025, 2026, and 2027, the Higher Education Appropriations Subcommittee; and
(4)(c)(ii) in September of 2025, 2026, and 2027, the Executive Appropriations Committee.
(5) (5)(a) Each year, after receiving the board report described in Subsection (4)(c)(i), the Higher Education Appropriations Subcommittee shall make a recommendation to the Executive Appropriations Committee regarding each degree-granting institution's strategic reinvestment plan and compliance with this section.
(5)(b) Each year, after receiving the board report described in Subsection (4)(c)(ii), the Executive Appropriations Committee shall make a determination, for each degree-granting institution individually, regarding:
(5)(b)(i) for fiscal year 2026, whether the degree-granting institution's strategic reinvestment plan satisfies the requirements of this section; and
(5)(b)(ii) for each of fiscal years 2027 and 2028, whether the degree-granting institution has progressed in executing the degree-granting institution's strategic reinvestment plan in accordance with this section.
(6) (6)(a) A degree-granting institution may use reinvestment funds:
(6)(a)(i) for the strategic investments described in Subsection (3)(b)(i); and
(6)(a)(ii) for the reduced or eliminated items described in Subsection (3)(b)(ii) in the following amounts:
(6)(a)(ii)(A) for fiscal year 2026, no more than 70% of the total of the reinvestment funds dedicated to the degree-granting institution; and
(6)(a)(ii)(B) for fiscal year 2027, no more than 30% of the total of the reinvestment funds dedicated to the degree-granting institution.
(6)(b) A degree-granting institution may not supplant or supplement the cost of a reduced or eliminated item described in Subsection (3)(b)(ii):
(6)(b)(i) through a tuition increase; or
(6)(b)(ii) with any state funds, except in fiscal year 2028, to the extent necessary to allow a student to complete the student's academic program as outlined in the degree-granting institution's approved strategic reinvestment plan.
(7) If a degree-granting institution fails to reallocate resources in accordance with the degree-granting institution's reinvestment plan and this section, in preparing the higher education budgets immediately following the degree-granting institution's failure, the Executive Appropriations Committee shall reduce appropriations for the degree-granting institution's instruction and administration in an amount equal to the amount the degree-granting institution failed to properly reallocate.
(8) (8)(a) Each degree-granting institution shall:
(8)(a)(i) establish policies specifically to effectuate the strategic reinvestment plan, and that address the following:
(8)(a)(i)(A) reduction or elimination of positions and other personnel decisions; and
(8)(a)(i)(B) internal institutional procedures regarding the reduction, elimination, creation, or modification of programs, courses, degrees, departments, colleges, or other divisions of the degree-granting institution;
(8)(a)(ii) ensure that the policies described in this Subsection (8)(a):
(8)(a)(ii)(A) create operational efficiencies in carrying out the strategic reinvestment plan;
(8)(a)(ii)(B) assist the degree-granting institution to meet the timeframes described in this section and the strategic reinvestment plan; and
(8)(a)(ii)(C) are consistent with the guidance the board provides in accordance with Subsection (4)(a); and
(8)(a)(iii) prepare the policies described in this Subsection (8)(a) in consultation with the board.
(8)(b) A degree-granting institution's policies described in Subsection (8)(a) may supersede the following that are inconsistent with the strategic reinvestment plan or the goals of the plan:
(8)(b)(i) an existing policy, procedure, or timeframe of the degree-granting institution; and
(8)(b)(ii) a board policy, if the board determines that superseding the policy is necessary or appropriate.
(8)(c) Notwithstanding any other provision of this title, a degree-granting institution may act in accordance with the policies described in this Subsection (8).

Legislative History

Renumbered and Amended by Chapter 8, 2025 Special Session 1