53E-3-801. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

As used in this part:

(a)"Cost" means an estimation of state and local money required to implement a federal education agreement or national program.

(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:

(a)the state board;

(b)the state superintendent;

(c)a local school board;

(d)a school district and its schools;

(e)a charter school governing board; and

(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:

(a)the No Child Left Behind Act;

(b)the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and

(c)other federal educational programs.

(5)"National program" means a national or multi-state education program, agreement, or standards that:

(a)originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact;

(b)have, as a primary focus, an impact on the educational services at a public school; and

(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:

(a)the state board;

(b)the state superintendent;

(c)employees of the state board and the state superintendent;

(d)local school boards;

(e)school district superintendents and employees; and

(f)charter school governing board members, administrators, and employees.

Amended by Chapter 186 , 2019 General Session