USBE committee asks staff to map Title IX gaps with Utah law and refers cost audit to audit committee

The Licensure and Preparation Committee recommended that USBE staff identify where state law may be out of compliance with the U.S. Department of Education’s new Title IX regulations, asked the Legislature to consider application of SB 57 to the federal regulations, and referred a request that the audit committee consider prioritizing an audit of USBE’s direct and indirect compliance costs. The committee approved the combined recommendation 4–1; Member Lear recorded the dissenting vote.

The item followed several substitute proposals and extended discussion about scope, timing and who should bear the compliance burden. Vice Chair Carey had proposed a broader audit of “total direct and indirect costs incurred by USBE in order to comply with all federal laws, presidential executive orders, and all federal regulations” for 2022–2024; Member Wood proposed focusing audit work on Title IX rules and mapping discrepancies with Utah law. The committee ultimately approved a three-part set of directions: (1) staff identify specific places where state law appears inconsistent with the new Title IX regulations, (2) the board request the Legislature consider applying SB 57 to the Title IX regulations, and (3) refer the question of prioritizing a USBE compliance-cost audit to the audit committee.

Committee members expressed differing views about timing and workload. Member Lear argued the board should not move ahead of the Legislature or reassign AAG resources while litigation and legislative steps remain possible. “I personally don’t support the motion,” Lear said, urging patience until the Legislature acts; Lear cast the sole no vote on the final motion. Vice Chair Carey said he supported prioritizing Title IX analysis and that he sought a clearer accounting of USBE’s institutional costs; he and others agreed that the motion as approved narrows and sequences work so staff can produce usable findings.

Staff and legal advisors flagged complicating factors. Scott Jones (deputy superintendent) cautioned that compliance costs vary across local education agencies (LEAs) and that a statewide accounting of LEA expenditures would require LEA cooperation. Assistant Attorney General Beale reminded the committee that “parent” in USBE usage typically includes legal guardians and noted foster caregivers could be affected by any change in language.

Debbie Davis, who oversees USBE’s internal audit function, told the committee that the audit office follows a risk-prioritization process and that three audits already approved by the board are queued; she estimated, without a scoped plan, that adding a new, comprehensive audit could take years before final results are available. Davis said audits that focus only on internal USBE costs are shorter but still require scoping; with current staffing the three approved audits take roughly 12–18 months, and a new large audit could extend timelines to two years or more.

Committee members also referenced related legal steps: Utah officials filed a lawsuit challenging aspects of the federal Title IX regulations, and SB 57 provides the legislative mechanism to prompt or constrain state action on federal rule application. Several members said they wanted to provide clearer guidance to LEAs and asked staff to produce an actionable summary of where conflicts exist between Utah law and the new federal rules so districts can plan for the August 1 effective date.

Ending: The committee’s recommendation asks staff to identify statutory or rule conflicts with the new Title IX regulations and asks the Legislature to consider SB 57’s application; it also sends an audit prioritization request to the audit committee. The committee recorded a 4–1 vote in favor; next steps are staff analysis and audit-committee consideration of scope and timing.