Section 53B-16-102 - Changes in curriculum - Substantial alterations in institutional operations - Program approval - Periodic review of programs - Career and technical education curriculum changes(1) As used in this section:(a) "Institution of higher education" means an institution described in Section 53B-1-102.(b) "Program of instruction" means a program of curriculum that leads to the completion of a degree, diploma, certificate, or other credential.(2)(a) Under procedures and policies approved by the board and developed in consultation with each institution of higher education, each institution of higher education may make such changes in the institution of higher education's curriculum as necessary to better effectuate the institution of higher education's primary role; and(b) subject to Subsection (2)(a), an institution of higher education's faculty shall establish and have primary responsibility for the curriculum of a course within a program of instruction at the institution.(3) The board shall establish criteria for whether an institution of higher education may approve a new program of instruction, including criteria related to whether:(a) the program of instruction meets identified workforce needs;(b) the institution of higher education is maximizing collaboration with other institutions of higher education to provide for efficiency in offering the program of instruction;(c) the new program of instruction is within the institution of higher education's mission and role; and(d) the new program of instruction meets other criteria determined by the board.(4)(a) Except as board policy permits, an institution of higher education may not establish a branch, extension center, college, or professional school.(b) The president of an institution of higher education may, with the approval of the institution of higher education's board of trustees, establish a new program of instruction that meets the criteria described in Subsection (3), subject to board review for pathway articulation.(5)(a) An institution of higher education shall notify the board of a proposed new program of instruction, including how the proposed new program of instruction meets the criteria described in Subsection (3).(b) The board shall establish procedures and guidelines for institutional boards of trustees to consider an institutional proposal for a new program of instruction described in Subsection (4)(b).(6) The president of an institution of higher education may discontinue a program of instruction in accordance with criteria that the president and the institution of higher education's board of trustees establish.(7)(a) The board shall conduct a periodic review of all new programs of instruction, including those funded by gifts, grants, and contracts, no later than two years after the first cohort to begin the program of instruction completes the program of instruction.(b) The board may conduct a periodic review of any program of instruction at an institution of higher education, including a program of instruction funded by a gift, grant, or contract.(c) The board shall conduct:(i) at least once every seven years, at least one review described in Subsection (7)(b) of each program of instruction at each institution; and(ii) annually, a qualitative and quantitative review of academic disciplines across the system, including enrollment, graduation rates, and workforce placement, ensuring that the board conducts a review of all disciplines within the system at least once every seven years.(d) Following a review described in this Subsection (7) and after providing the relevant institution of higher education an opportunity to respond to the board's review of a given program of instruction, the board may modify, consolidate, or terminate the program of instruction.(8) In making decisions related to career and technical education curriculum changes, the board shall coordinate on behalf of the boards of trustees of higher education institutions a review of the proposed changes by the State Board of Education to ensure an orderly and systematic career and technical education curriculum that eliminates overlap and duplication of course work with high schools and technical colleges.(9) The board shall demonstrate compliance with Subsection (7) by: (a) creating a list of programs and corresponding review schedules;(b) upon request of the Higher Education Appropriations Subcommittee, providing the list described in Subsection (9)(a); and(c) providing a written report on or before October 1 to the Higher Education Appropriations Subcommittee of each year regarding relevant findings from the reviews conducted under Subsection (7).(10) On or before October 1, 2026, if the Higher Education Appropriations Subcommittee finds the board to be out of compliance with Subsection (9), the Legislature shall: (a) deduct 10% of the appropriation described in Section 53B-7-703 for the following fiscal year; and(b) deduct an additional 10% of the appropriation described in Section 53B-7-703 for each subsequent year of noncompliance up to a maximum deduction of 30%.Amended by Chapter 378, 2024 General Session ,§ 32, eff. 5/1/2024.Amended by Chapter 254, 2023 General Session ,§ 18, eff. 7/1/2023.Amended by Chapter 365, 2020 General Session ,§ 103, eff. 7/1/2020.Amended by Chapter 382, 2017 General Session ,§ 46, eff. 9/1/2017.Amended by Chapter 236, 2016 General Session ,§ 26, eff. 5/10/2016.Amended by Chapter 346, 2009 General Session