(1) As used in this section: (a) "Institution of higher education" means an institution described in Subsection 53B-1-102(1)(a). (b) "Program of instruction" means a program of curriculum that leads to the completion of a degree, diploma, certificate, or other credential.

(a) "Institution of higher education" means an institution described in Subsection 53B-1-102(1)(a).

(b) "Program of instruction" means a program of curriculum that leads to the completion of a degree, diploma, certificate, or other credential.

(2) 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.

(3) An institution of higher education shall notify the board of a proposed new program of instruction.

(4) (a) Without the approval of the board, an institution of higher education may not: (i) establish a branch, extension center, college, or professional school; or (ii) establish a new program of instruction that is outside of the institution of higher education's primary role described in Section 53B-16-101. (b) 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 is within the institution of higher education's primary role described in Section 53B-16-101.

(a) Without the approval of the board, an institution of higher education may not: (i) establish a branch, extension center, college, or professional school; or (ii) establish a new program of instruction that is outside of the institution of higher education's primary role described in Section 53B-16-101.

(i) establish a branch, extension center, college, or professional school; or

(ii) establish a new program of instruction that is outside of the institution of higher education's primary role described in Section 53B-16-101.

(b) 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 is within the institution of higher education's primary role described in Section 53B-16-101.

(5) (a) 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). (b) The guidelines described in Subsection (5)(a) shall provide that: (i) prior to seeking approval from the institution of higher education's board of trustees, an institution of higher education that proposes a new program of instruction submit the proposal to the commissioner to conduct a peer review by other institutions of higher education; (ii) the commissioner issue a report with the results of a peer review described in Subsection (5)(b)(i) to the board and the board of trustees of the institution of higher education proposing the new program of instruction; and (iii) an institution of higher education that proposes a new program of instruction include: (A) a fiscal analysis of the new program of instruction's initial and ongoing costs; and (B) the institution of higher education's source of funding for the new program of instruction.

(a) 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).

(b) The guidelines described in Subsection (5)(a) shall provide that: (i) prior to seeking approval from the institution of higher education's board of trustees, an institution of higher education that proposes a new program of instruction submit the proposal to the commissioner to conduct a peer review by other institutions of higher education; (ii) the commissioner issue a report with the results of a peer review described in Subsection (5)(b)(i) to the board and the board of trustees of the institution of higher education proposing the new program of instruction; and (iii) an institution of higher education that proposes a new program of instruction include: (A) a fiscal analysis of the new program of instruction's initial and ongoing costs; and (B) the institution of higher education's source of funding for the new program of instruction.

(i) prior to seeking approval from the institution of higher education's board of trustees, an institution of higher education that proposes a new program of instruction submit the proposal to the commissioner to conduct a peer review by other institutions of higher education;

(ii) the commissioner issue a report with the results of a peer review described in Subsection (5)(b)(i) to the board and the board of trustees of the institution of higher education proposing the new program of instruction; and

(iii) an institution of higher education that proposes a new program of instruction include: (A) a fiscal analysis of the new program of instruction's initial and ongoing costs; and (B) the institution of higher education's source of funding for the new program of instruction.

(A) a fiscal analysis of the new program of instruction's initial and ongoing costs; and

(B) the institution of higher education's source of funding for the new program of instruction.

(6) (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) Following a review described in this Subsection (6), the board may recommend that the institution of higher education modify or terminate the program of instruction.

(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) Following a review described in this Subsection (6), the board may recommend that the institution of higher education modify or terminate the program of instruction.

(7) Prior to requiring modification or termination of a program, the board shall give the institution of higher education adequate opportunity for a hearing before the board.

(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 and the Utah System of Technical Colleges Board of Trustees 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.