(1) As used in this section: (a) "Eligible workforce program" means an educational program that: (i) an institution of higher education offers; and (ii) the board approves for submission to the United States Secretary of Education for consideration regarding participation in the federal Workforce Pell Grant program. (b) "Federal Workforce Pell Grant program" means the program that Section 401 of the Higher Education Act of 1965, 20 U.S.C. Sec. 1070a, as amended, establishes to provide federal Pell Grant assistance to students the federal government determines are eligible and who enroll in eligible workforce programs. (c) "Secretary" means the United States Secretary of Education. (d) "Title IV programs" means federal student financial aid programs authorized under Title IV of the Higher Education Act of 1965, 20 U.S.C. Sec. 1070 et seq., including the federal Pell Grant program and the federal Workforce Pell Grant program. (2) The governor may delegate to the board, in consultation with the State Workforce Development Board, the authority that federal law grants to the governor to approve eligible workforce programs to submit to the secretary for consideration regarding participation in the federal Workforce Pell Grant program. (3) The board shall: (a) receive applications from institutions of higher education that seek approval of eligible workforce programs; (b) determine whether a program meets the requirements that federal law and regulations establish for eligible workforce programs; (c) create an approved list of eligible programs to submit to the secretary for consideration regarding participation in the federal Workforce Pell Grant program; (d) certify the eligibility of approved programs to the United States Secretary of Education; (e) monitor programs that the board approves; (f) reapprove programs as federal regulations require; and (g) withdraw approval from programs that fail to meet federal or state requirements. (4) (a) The board may limit the number of programs the board approves or the number of institutions that may participate during any award year to ensure effective program administration and quality control. (b) The commissioner of higher education acts as the board's designee to execute certifications, agreements, and other documents that federal regulations require. (c) The board may contract with third-party vendors for data analysis, labor market information, outcome tracking, or technical assistance necessary to perform the board's duties under this section. (5) (a) (i) The Department of Workforce Services shall provide to the board, upon the board's request, unemployment insurance wage record data that the board needs to: (A) calculate completion rates and job placement rates for eligible workforce programs; (B) certify completion rates and job placement rates to the United States Secretary of Education; and (C) verify student enrollment, completion, employment, and earnings for purposes of administering Title IV programs. (ii) The Department of Workforce Services may contract with third-party vendors for data analysis, technical assistance, or services necessary to perform the department's duties under this section. (b) The board may request and a state agency may provide to the board administrative data, including personally identifiable information, that the board needs to perform the board's duties under this section. (c) The board shall: (i) use data the board receives under this Subsection (5) only for purposes this section authorizes; (ii) maintain the confidentiality and security of personally identifiable information the board receives; (iii) comply with federal and state privacy laws; and (iv) enter into data sharing agreements with state agencies that provide data under this Subsection (5). (d) The board may share data with the United States Secretary of Education, the United States Secretary of Labor, or another state as federal law or an interstate agreement requires, subject to applicable privacy protections. (e) An individual commits a class B misdemeanor if the individual knowingly or intentionally: (i) discloses personally identifiable information the individual obtains under this Subsection (5) for a purpose this section does not authorize; (ii) uses personally identifiable information the individual obtains under this Subsection (5) for a purpose this section does not authorize; or (iii) accesses personally identifiable information the individual obtains under this Subsection (5) without authorization. (6) The board may enter into agreements with another state to allow: (a) students who reside in the state to enroll in eligible workforce programs that the other state approves; or (b) students who reside in the other state to enroll in eligible workforce programs that the board approves. (7) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) establish procedures for institutions of higher education to apply for approval of eligible workforce programs; (b) establish criteria the board will use to determine whether a program meets federal requirements for eligible workforce programs; (c) establish procedures for the board to consult with the State Workforce Development Board before the board approves a program; (d) establish procedures for the board to calculate and certify completion rates and job placement rates; (e) establish procedures for the board to monitor, reapprove, and withdraw approval of programs; (f) require institutions that offer eligible workforce programs to disclose program information to students; and (g) implement this section and comply with federal requirements. (8) (a) The board, the commissioner of higher education, and employees of the board acting within the scope of employment have immunity from suit for a decision the board, the commissioner, or an employee makes or an action the board, the commissioner, or an employee takes regarding: (i) approval or denial of an eligible workforce program; (ii) withdrawal of approval of an eligible workforce program; (iii) calculation or certification of completion rates or job placement rates; or (iv) any other discretionary function this section authorizes. (b) Subsection (8)(a) does not limit the immunity that Title 63G, Chapter 7, Governmental Immunity Act of Utah, provides.
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