§ 53A-1-907. Legislative review and approval of federal education agreements.

(1)

(a) Before legally binding the state by executing a federal education agreement that may cost education entities more than $1,000,000 annually from state and local money to implement, the school official shall:

(i) submit the proposed federal education agreement to the governor for the governor's approval or rejection as required by Section 53A-1-906; and

(ii) if the governor approves the federal education agreement, submit the federal education agreement to the Executive Appropriations Committee of the Legislature for its review and recommendations.

(b) The Executive Appropriations Committee shall review the federal education agreement and may:

(i) recommend that the school official execute the federal education agreement;

(ii) recommend that the school official reject the federal education agreement; or

(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the federal education agreement.

(2)

(a) Before legally binding the state by executing a federal education agreement that may cost education entities more than $5,000,000 annually to implement, a school official shall:

(i) submit the proposed federal education agreement to the governor for the governor's approval or rejection as required by Section 53A-1-906; and

(ii) if the governor approves the federal education agreement, submit the federal education agreement to the Legislature for its approval in an annual general session or a special session.

(b)

(i) If the Legislature approves the federal education agreement, the school official may execute the agreement.

(ii) If the Legislature rejects the federal education agreement, the school official may not execute the agreement.

(c) If a school official executes a federal education agreement without obtaining the Legislature's approval under this Subsection (2):

(i) the governor may issue an executive order declaring the federal education agreement void; or

(ii) the Legislature may pass a joint resolution declaring the federal education agreement void.

Amended by Chapter 112, 2009 General Session