H.B. 239

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 2, 2007 at 12:07 PM by ddonat. --> 1

SCHOOL COMMUNITY COUNCIL AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding the membership and term of office of school
10 community council members.
11 Highlighted Provisions:
12 This bill:
13 . expands eligibility for school community council membership; and
14 . allows schools, in consultation with local school boards, to set the beginning date of
15 the term of office for school community council members.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-1a-108, as last amended by Chapter 119, Laws of Utah 2006
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-1a-108 is amended to read:
26 53A-1a-108. School community councils authorized -- Duties -- Composition --
27 Selection of members.

28 (1) As used in this section:
29 (a) "At large member" means a person who:
30 (i) is 18 years of age or older;
31 (ii) resides within the boundaries of the school; and
32 (iii) is not employed at the school.
33 [(a)] (b) "Parent or guardian member" means a parent or guardian of a student who is
34 attending the school or who will be enrolled at the school at any time during the parent's or
35 guardian's initial term of office. "Parent or guardian member" may not include a person who
36 meets the definition of a school employee member unless the person's employment at the
37 school does not exceed an average of six hours per week.
38 [(b)] (c) "School employee member" means a person employed at a school by the
39 school or school district, including the principal.
40 (2) Each public school, in consultation with its local school board, shall establish a
41 school community council at the school building level.
42 (3) (a) Each school community council shall:
43 (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
44 (ii) develop the School LAND Trust Program in accordance with Section
45 53A-16-101.5 ;
46 (iii) assist in the development and implementation of a staff professional development
47 plan as provided by Section 53A-3-701 ;
48 (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
49 (v) advise and make recommendations to school and school district administrators and
50 the local school board regarding the school and its programs, school district programs, and
51 other issues relating to the community environment for students.
52 (b) In addition to the duties specified in Subsection (3)(a), a school community council
53 for an elementary school shall develop a reading achievement plan in accordance with Section
54 53A-1-606.5 .
55 (4) (a) Each school community council shall consist of school employee members
56 [and], parent or guardian members, and H. nonvoting .H at large members in accordance with
56a this section.
57 (b) Except as provided in [Subsection] Subsections (4)(c) and (d):
58 (i) each school community council for a high school shall have six parent or guardian

59 members and five school employee members, including the principal; and
60 (ii) each school community council for a school other than a high school shall have
61 four parent or guardian members and three school employee members, including the principal.
62 (c) (i) A school community council may have a larger membership provided that the
63 number of parent or guardian members exceeds the number of school employee members.
64 (ii) A school community council may have a smaller membership provided that:
65 (A) the number of parent or guardian members exceeds the number of school employee
66 members; and
67 (B) there are at least two school employee members on the school community council.
68 (d) In addition to the number of parent and guardian members and school employee
69 members as provided in Subsection (4)(b) or (4)(c), a school community council may have one
70 or more H. nonvoting .H at large members provided that the number of school employee
70a members and H. nonvoting .H at large
71 members combined does not exceed the number of parent and guardian members.
72 (5) (a) Each school employee member, except the principal, shall be elected by a
73 majority vote of the school employees and [serves] serve a two-year term [beginning July 1].
74 The principal shall serve as an ex officio member with full voting privileges.
75 (b) (i) Each parent or guardian member and each H. nonvoting .H at large member shall
75a be elected at an
76 election held at the school by a majority vote of those voting at the election and [serves] serve a
77 two-year term [beginning July 1].
78 (ii) Only parents or guardians of students attending the school may vote at the election
79 under Subsection (5)(b)(i).
80 (iii) Any person running for the position of parent or guardian [of a student who meets
81 the qualifications of this section] member or H. nonvoting .H at large member may file or
81a declare himself as a
82 candidate for election to a school community council.
83 (c) Written notice of the elections held under Subsections (5)(a) and (5)(b) shall be
84 given at least two weeks prior to the elections.
85 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
86 available to the public upon request.
87 (e) (i) If a parent or guardian position on a school community council remains unfilled
88 after an election is held, the other parent or guardian members of the council shall appoint a
89 parent or guardian who meets the qualifications of this section to fill the position.

90 (ii) If a school employee position on a school community council remains unfilled after
91 an election is held, the other school employee members of the council shall appoint a school
92 employee to fill the position.
93 (iii) If H. [ an ] a nonvoting .H at large position on a school community council remains
93a unfilled after an
94 election is held, the incoming council H. [ shall ] may .H appoint a person who meets the
94a qualifications of H. [ an ] a nonvoting .H
95 at large member as provided in Subsection (1).
96 [(iii)] (iv) The chair of the community council shall notify the local school board of
97 each appointment made pursuant to Subsection (5)(e)(i) [or], (ii), or (iii).
98 [(iv)] (v) A member appointed to a school community council pursuant to Subsection
99 (5)(e)(i) [or], (ii), or (iii) shall serve a two-year term [beginning July 1].
100 (f) Initial terms shall be staggered so that no more than 50% of the council members
101 stand for election in any one year.
102 (g) (i) Each public school, in consultation with its local school board, shall set the
103 beginning date of the term of office for school community council members.
104 (ii) Council members may serve up to three successive terms.
105 (h) (i) Each school community council shall elect a chair and vice chair from its parent
106 or guardian members, H. nonvoting .H at large members, and elected employee members.
107 (ii) No more than one parent or guardian member or elected employee member may at
108 the same time serve as an officer specified in Subsection (5)(h)(i).
109 (6) (a) A school community council may create subcommittees or task forces to:
110 (i) advise or make recommendations to the council; or
111 (ii) develop all or part of a plan listed in Subsection (3).
112 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
113 subject to the approval of the school community council.
114 (c) A school community council may appoint individuals who are not council members
115 to serve on a subcommittee or task force, including parents, school employees, or other
116 community members.

Legislative Review Note
as of 1-9-07 9:53 AM

Office of Legislative Research and General Counsel