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H.B. 216

             1     

APPOINTING SCHOOL SUPERINTENDENTS

             2     
AND BUSINESS ADMINISTRATORS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Judy Ann Buffmire

             6      AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING PROCEDURES FOR THE
             7      APPOINTMENT OF LOCAL SCHOOL SUPERINTENDENTS AND BUSINESS
             8      ADMINISTRATORS IN THE EVENT OF VACANCIES DURING THEIR TERMS OF
             9      APPOINTMENT; AND MAKING CERTAIN TECHNICAL CHANGES.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53A-3-301, as last amended by Chapter 78, Laws of Utah 1990
             13          53A-3-302, as last amended by Chapter 78, Laws of Utah 1990
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 53A-3-301 is amended to read:
             16           53A-3-301. Superintendent of schools -- Appointment -- Term -- Qualifications --
             17      Compensation.
             18          (1) A local school board shall appoint a district superintendent of schools who serves as
             19      the board's chief executive officer.
             20          (2) [The appointment shall occur at the board's first meeting in June.] The superintendent's
             21      term of office begins July 1 and is for h [ up to ] h two years [or] and until a successor is appointed
             21a      and
             22      qualified.
             23          (3) If it becomes necessary to begin a term at a time other than as provided in Subsection
             24      (2) due to a vacancy in the office of superintendent, then the board shall make an appointment
             25      during a public meeting for a term not to exceed the remainder of the vacated term.
             26          (4) The superintendent shall hold an administrative/supervisory certificate issued by the
             27      State Board of Education.


             28          [(4)] (5) The board shall set the superintendent's compensation for services.
             29          [(5)] (6) The superintendent qualifies for office by taking the constitutional oath of office.
             30          Section 2. Section 53A-3-302 is amended to read:
             31           53A-3-302. Business administrator -- Term -- Oath and bond.
             32          (1) Each board shall appoint a business administrator [whose].
             33          (2) The business administrator's term of office begins July 1, and is for h [ up to ] h two
             33a      years and
             34      until a successor is appointed and qualified.
             35          (3) If it becomes necessary to begin a term at a time other than as provided in Subsection
             36      (2) due to a vacancy in the office of business administrator, then the board shall make an
             37      appointment during a public meeting for a term not to exceed the remainder of the vacated term.
             38          [(2)] (4) The business administrator qualifies for office by taking the constitutional oath
             39      of office and by posting any required bond or undertaking.




Legislative Review Note
    as of 1-6-99 8:28 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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