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.