Terms Used In Utah Code > Title 53E > Chapter 3 - State Board of Education Organization, Powers, and Duties

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
       (4)(a) an opinion question specifically authorized by the Legislature;
       (4)(b) a constitutional amendment;
       (4)(c) an initiative;
       (4)(d) a referendum;
       (4)(e) a bond proposition;
       (4)(f) a judicial retention question;
       (4)(g) an incorporation of a city or town; or
       (4)(h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
• Charter school governing board: means the board that governs a charter school. See Utah Code 53E-1-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means an estimation of state and local money required to implement a federal education agreement or national program. See Utah Code 53E-3-801
• Covered voter: means an individual who:
       (1)(a) satisfies Utah's voter eligibility requirements that do not relate to residency;
       (1)(b) is not registered to vote in a state other than Utah;
       (1)(c) is absent from the United States on the day of the election; and
       (1)(d)

            (1)(d)(i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:

                 (1)(d)(i)(A) is a uniformed service voter; or

                 (1)(d)(i)(B) temporarily resides outside the United States;

            (1)(d)(ii) is a foreign United States citizen who:

                 (1)(d)(ii)(A) before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and

                 (1)(d)(ii)(B) did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or

            (1)(d)(iii) is a foreign United States citizen:

                 (1)(d)(iii)(A) who has never registered to vote in a state other than Utah;

                 (1)(d)(iii)(B) who has never established a principal place of residence in the United States; and

                 (1)(d)(iii)(C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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. See Utah Code 53E-3-801
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Utah Code 53E-3-801
• Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• 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. See Utah Code 53E-3-801
• Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• Fraud: Intentional deception resulting in injury to another.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, Utah Code 53E-1-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• LEA: means :
       (6)(a) a school district;
       (6)(b) a charter school; or
       (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
• LEA governing board: means :
       (5)(a) for a school district, the local school board;
       (5)(b) for a charter school, the charter school governing board; or
       (5)(c) for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
• Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
• Military-overseas ballot: means :
       (6)(a) a federal write-in absentee ballot;
       (6)(b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
       (6)(c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
• Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
• Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
• 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. See Utah Code 53E-3-801
• No Child Left Behind Act: means the No Child Left Behind Act of 2001, Utah Code 53E-3-801
• Parent: means a parent or legal guardian. See Utah Code 53E-1-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public education code: means :
       (10)(a) this title;
       (10)(b) Title 53F, Public Education System -- Funding; and
       (10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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. See Utah Code 53E-3-801
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
• State board: means the State Board of Education. See Utah Code 53E-1-102
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
• Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
• Statute: A law passed by a legislature.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Uniformed services: means :
       (40)(a) the armed forces;
       (40)(b) the commissioned corps of the National Oceanic and Atmospheric Administration; and
       (40)(c) the commissioned corps of the United States Public Health Service. See Utah Code 68-3-12.5
• United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5