As used in this part: (1) "Applicable federal agency" means the federal agency that issued a federal guidance letter. (2) "Commission" means the Federalism Commission created in Section 63C-4a-302. (3) "Education entity" means: (a) the State Board of Education; (b) the Utah Board of Higher Education; (c) the State Charter School Board created in Section 53G-5-201; (d) a local school board described in Title 53G, Chapter 4, School Districts; or (e) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. (4) "Federal agency" means a department, agency, authority, commission, council, board, office, bureau, or other administrative unit of the executive branch of the United States government. (5) (a) "Federal guidance letter" means a written statement by a federal agency, regardless of format, that: (i) clarifies or provides instruction on: (A) the federal agency's interpretation of a federal law; or (B) the federal agency's policies for administering a federal law; and (ii) is nonbinding and of general applicability. (b) "Federal guidance letter" does not include: (i) a written communication between a federal agency and a state agency regarding a specific entity; (ii) a peer-to-peer communication; or (iii) a written communication between a federal agency and the State Tax Commission containing guidance related to the protection, storage, or safeguarding of confidential information. (6) "Federal law" means: (a) a statute passed by the United States Congress; or (b) a rule or regulation adopted by a federal agency. (7) "State agency" means: (a) a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government; or (b) an education entity.
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