H.B. 1001

1

CREATION OF NEW SCHOOL DISTRICT
2 AMENDMENTS
3 2007 FIRST SPECIAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John Dougall
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the creation of a new school district.
11 Highlighted Provisions:
12 This bill:
13 . adds an exception to the requirement that a proposed new school district include the
14 entire boundaries of each city or town that participates in an interlocal agreement for
15 the creation of a new school district, so that a city or town may include some but not
16 all of the area within its boundaries if the portion to be included is within the same
17 school district as the other interlocal agreement participants and the area to be
18 excluded is in another school district;
19 . provides that a city or town located in more than one county that participates in an
20 interlocal agreement to create a new school district as to some but not all of the area
21 within the city or town under the preceding exception may not be considered to
22 cross county lines for purposes of a prohibition against a proposed new school
23 district crossing county lines;
24 . clarifies that a new school district may be created from multiple existing school
25 districts;
26 . clarifies the election provisions applicable to an election for the creation of a new
27 school district;

28 . authorizes an individual residing within a new school district to elect to enroll in a
29 secondary school located within a remaining school district under certain
30 circumstances; and
31 . modifies the time within which requests for the creation of a new school district are
32 required to be certified.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 This bill provides an immediate effective date.
37 Utah Code Sections Affected:
38 AMENDS:
39 53A-2-118, as last amended by Laws of Utah 2007, Chapter 215
40 53A-2-118.1, as last amended by Laws of Utah 2007, Chapter 215
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53A-2-118 is amended to read:
44 53A-2-118. Creation of new school district by county legislative body -- Initiation
45 of process -- Procedures to be followed.
46 (1) A [county legislative body may create a] new school district may be created from
47 [an] one or more existing school [district] districts, as provided in this section[, if the area of
48 the new school district is within or, under Subsection 53A-2-118.1 (2)(b)(ii), considered to be
49 within the geographical boundaries of the county].
50 (2) (a) The process to create a new school district may be initiated:
51 (i) through a citizens' initiative petition;
52 (ii) at the request of the board of the existing district or districts to be affected by the
53 creation of the new district; or
54 (iii) at the request of a city within the boundaries of the school district or at the request
55 of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
56 (b) (i) [A] Each petition submitted under Subsection (2)(a)(i) [must] shall be signed by
57 qualified electors residing within the geographical boundaries of the proposed new school
58 district equal in number to at least 15% of the number of electors in the area who voted for the

59 office of governor at the last regular general election.
60 (ii) [A] Each request or petition submitted under Subsection (2)(a) shall:
61 (A) be filed with the [county] clerk of each county in which any part of the proposed
62 new school district is located;
63 (B) indicate the typed or printed name and current residence address of each governing
64 board member making a request, or registered voter signing a petition, as the case may be;
65 (C) describe the proposed new school district boundaries; and
66 (D) designate up to five signers of the petition or request as sponsors, one of whom
67 shall be designated as the contact sponsor, with the mailing address and telephone number of
68 each.
69 (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
70 reinstate the signer's signature at any time before the filing of the petition by filing a written
71 withdrawal or reinstatement with the county clerk.
72 (d) The process under Subsection (2)(a)(i) may only be initiated once during any
73 four-year period.
74 (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
75 population of the proposed new district is less than 3,000 or the existing district's student
76 population would be less than 3,000 because of the creation of the new school district.
77 (f) Within 45 days after the filing of a [request or] petition under Subsection (2)(a)(i) or
78 five business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the [county]
79 clerk of each county with which a request or petition is filed shall:
80 (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
81 and (e), as applicable; and
82 (ii) (A) if the county clerk determines that the request or petition complies with the
83 applicable requirements:
84 (I) certify the request or petition and deliver the certified request or petition to the
85 county legislative body; and
86 (II) mail or deliver written notification of the certification to the contact sponsor; or
87 (B) if the county clerk determines that the request or petition fails to comply with any
88 of the applicable requirements, reject the request or petition and notify the contact sponsor in
89 writing of the rejection and reasons for the rejection.

90 (g) If the county clerk fails to certify or reject a request or petition within [45 days after
91 its filing] the time specified in Subsection (2)(f), the request or petition shall be considered to
92 be certified.
93 (h) (i) If the county clerk rejects a request or petition, the request or petition may be
94 amended to correct the deficiencies for which it was rejected and then refiled.
95 (ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
96 after having been rejected by a county clerk.
97 (i) If a county legislative body receives a request from a school board under Subsection
98 (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county clerk on or
99 before December 1:
100 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
101 by Subsection (3), on or before January 1;
102 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
103 county legislative body, as provided by Subsection (3), on or before July 1; and
104 (iii) if the [county] legislative body of each county with which a request or petition is
105 filed approves a proposal to create a new district, the proposal shall be submitted to the
106 respective county clerk to be voted on by the electors of [the] each existing district at the
107 regular general or municipal general election held in November.
108 (3) (a) The [county] legislative body of each county with which a request or petition is
109 filed shall appoint an ad hoc advisory committee to review and make recommendations on a
110 request for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
111 (b) The advisory committee shall:
112 (i) seek input from:
113 (A) those requesting the creation of the new school district;
114 (B) the school board and school personnel of [the] each existing school district;
115 (C) those citizens residing within the geographical boundaries of [the] each existing
116 school district;
117 (D) the State Board of Education; and
118 (E) other interested parties;
119 (ii) review data and gather information on at least:
120 (A) the financial viability of the proposed new school district;

121 (B) the proposal's financial impact on [the] each existing school district;
122 (C) the exact placement of school district boundaries; and
123 (D) the positive and negative effects of creating a new school district and whether the
124 positive effects outweigh the negative if a new school district were to be created; and
125 (iii) make a report to the county legislative body in a public meeting on the committee's
126 activities, together with a recommendation on whether to create a new school district.
127 (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
128 (a) The county legislative body shall provide for a 45-day public comment period on
129 the report and recommendation to begin on the day the report is given under Subsection
130 (3)(b)(iii).
131 (b) Within 14 days after the end of the comment period, the [county] legislative body
132 of each county with which a request or petition is filed shall vote on the creation of the
133 proposed new school district.
134 (c) The proposal is approved if a majority of the members of the [county] legislative
135 body of each county with which a request or petition is filed votes in favor of the proposal.
136 (d) If the proposal is approved, the [county] legislative body of each county with which
137 a request or petition is filed shall submit the proposal to the county clerk to be voted on:
138 (i) by the legal voters of [the] each existing school district;
139 (ii) in accordance with the procedures and requirements applicable to a regular general
140 election under Title 20A, Election Code; and
141 (iii) at the next regular general election or municipal general election, whichever is
142 first.
143 (e) Creation of the new school district shall occur if a majority of the electors within
144 both the proposed school district and [the] each remaining school district voting on the
145 proposal vote in favor of the creation of the new district.
146 (f) [The] Each county legislative body shall provide notice of the action as required in
147 Section 53A-2-101.5 .
148 (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
149 approved by the electors, the existing district's documented costs to study and implement the
150 proposal shall be reimbursed by the new district.
151 (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection

152 (2)(f) or (g), the [county] legislative body of each county in which part of the proposed new
153 school district is located shall submit the proposal to the [county] respective clerk of each
154 county to be voted on:
155 (i) by the legal voters residing within the proposed new school district boundaries;
156 (ii) in accordance with the procedures and requirements applicable to a regular general
157 election under Title 20A, Election Code; and
158 (iii) at the next regular general election or municipal general election, whichever is
159 first.
160 (b) (i) If a majority of the legal voters within the proposed new school district
161 boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
162 creation of the new district:
163 (A) [the] each county legislative body shall, within 30 days after the canvass of the
164 election, file with the lieutenant governor the written notice required under Section
165 53A-2-101.5 ; and
166 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
167 the new district is created.
168 (ii) Notwithstanding the creation of a new district as provided in Subsection
169 (5)(b)(i)(B):
170 (A) a new school district may not begin to provide educational services to the area
171 within the new district until July 1 of the second calendar year following the election at which
172 voters approve creation of the new school district;
173 (B) a remaining district may not begin to provide educational services to the area
174 within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
175 (C) [the] each existing district shall continue, until the time specified in Subsection
176 (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
177 district as though the new district had not been created.
178 Section 2. Section 53A-2-118.1 is amended to read:
179 53A-2-118.1. Option for school district creation.
180 (1) After conducting a feasibility study, a city of the first or second class, as defined
181 under Section 10-2-301 , may by majority vote of the legislative body, submit for voter approval
182 a measure to create a new school district with boundaries contiguous with that city's

183 boundaries, in accordance with Section 53A-2-118 .
184 (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
185 may, together with one or more other cities, towns, or the county enter into an interlocal
186 agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
187 of submitting for voter approval a measure to create a new school district.
188 (b) (i) In accordance with Section 53A-2-118 , interlocal agreement participants under
189 Subsection (2)(a) may submit a proposal for voter approval if:
190 (A) the interlocal agreement participants conduct a feasibility study prior to submitting
191 the proposal to the county;
192 (B) the combined population within the proposed new school district boundaries meets
193 the minimum population threshold for a city of the second class; and
194 (C) the new school district boundaries:
195 (I) are contiguous;
196 (II) do not completely surround or otherwise completely geographically isolate a
197 portion of an existing school district that is not part of the proposed new school district from
198 the remaining part of [the] that existing school district, except as provided in Subsection
199 (2)(d)(iii);
200 (III) include the entire boundaries of each participant city or town, except as provided
201 in Subsection (2)(d)(ii); and
202 (IV) subject to Subsection (2)(b)(ii), do not cross county lines.
203 (ii) For purposes of determining whether the boundaries of a proposed new school
204 district cross county lines under Subsection (2)(b)(i)(C)(IV) [and Subsection 53A-2-118 (1),]:
205 (A) a municipality located in more than one county and entirely within the boundaries
206 of a single school district is considered to be entirely within the same county as other
207 participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
208 land area and population is located in that same county than outside the county[.]; and
209 (B) a municipality located in more than one county that participates in an interlocal
210 agreement under Subsection (2)(a) with respect to some but not all of the area within the
211 municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
212 not be considered to cross county lines.
213 (c) (i) A county may only participate in an interlocal agreement under this Subsection

214 (2) for the unincorporated areas of the county.
215 (ii) Boundaries of a new school district created under this section may include:
216 (A) a portion of one or more existing school districts; and
217 (B) a portion of the unincorporated area of [the] a county, including a portion of a
218 township.
219 (d) (i) As used in this Subsection (2)(d):
220 (A) "Isolated area" means an area that:
221 (I) is entirely within the boundaries of a municipality that, except for that area, is
222 entirely within a school district different than the school district in which the area is located;
223 and
224 (II) would, because of the creation of a new school district from the existing district in
225 which the area is located, become completely geographically isolated.
226 (B) "Municipality's school district" means the school district that includes all of the
227 municipality in which the isolated area is located except the isolated area.
228 (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
229 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
230 within the municipality's boundaries if:
231 (A) the portion of the municipality proposed to be included in the new school district
232 would, if not included, become an isolated area upon the creation of the new school district[.];
233 or
234 (B) (I) the portion of the municipality proposed to be included in the new school
235 district is within the boundaries of the same school district that includes the other interlocal
236 agreement participants; and
237 (II) the portion of the municipality proposed to be excluded from the new school
238 district is within the boundaries of a school district other than the school district that includes
239 the other interlocal agreement participants.
240 (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
241 district may be submitted for voter approval pursuant to an interlocal agreement under
242 Subsection (2)(a), even though the new school district boundaries would create an isolated
243 area, if:
244 (I) the potential isolated area is contiguous to one or more of the interlocal agreement

245 participants;
246 (II) the interlocal participants submit a written request to the municipality in which the
247 potential isolated area is located, requesting the municipality to enter into an interlocal
248 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
249 create a new school district that includes the potential isolated area; and
250 (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
251 municipality has not entered into an interlocal agreement as requested in the request.
252 (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
253 one or more public hearings to allow input from the public and affected school districts
254 regarding whether or not the municipality should enter into an interlocal agreement with
255 respect to the potential isolated area.
256 (C) (I) This Subsection (2)(d)(iii)(C) applies if:
257 (Aa) a new school district is created under this section after a measure is submitted to
258 voters based on the authority of Subsection (2)(d)(iii)(A); and
259 (Bb) the creation of the new school district results in an isolated area.
260 (II) The isolated area shall, on July 1 of the second calendar year following the election
261 at which voters approve the creation of a new school district, become part of the municipality's
262 school district.
263 (III) Unless the isolated area is the only remaining part of the existing district, the
264 process described in Subsection (4) shall be modified to:
265 (Aa) include a third transition team, appointed by the local school board of the
266 municipality's school district, to represent that school district;
267 (Bb) require allocation of the existing district's property among the new district, the
268 remaining district, and the municipality's school district;
269 (Cc) require each of the three transition teams to appoint one member to the
270 three-member arbitration panel, if an arbitration panel is established; and
271 (Dd) require the municipality's school district to bear 1/3 of the costs of arbitration.
272 (IV) The existing district shall continue to provide educational services to the isolated
273 area until July 1 of the second calendar year following the election at which voters approve the
274 creation of a new school district.
275 (3) (a) If a proposal under this section is approved by voters:

276 (i) an election shall be held on the June special election date, as provided in Section
277 20A-1-204 , in the year following the election at which voters approved the creation of a new
278 school district, to elect:
279 (A) all members to the board of the new school district; and
280 (B) all members to the board of the remaining district;
281 (ii) school district property shall be divided between the existing school district and the
282 new school district as provided in Subsection (4);
283 (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
284 53A-2-122 ; [and]
285 (iv) (A) an individual residing within the boundaries of a new school district at the
286 time the new school district is created may, for six school years after the creation of the new
287 school district, elect to enroll in a secondary school located within the boundaries of the
288 remaining school district if:
289 (I) the individual resides within the boundaries of that secondary school as of the day
290 before the new school district is created; and
291 (II) the individual would have been eligible to enroll in that secondary school had the
292 new school district not been created; and
293 (B) the remaining school district shall provide educational services, including, if
294 provided before the creation of the new school district, busing, to each individual making an
295 election under Subsection (3)(a)(iv)(A) for each school year for which the individual makes the
296 election; and
297 [(iv)] (v) within one year after the new district begins providing educational services,
298 the superintendent of each remaining district affected and the superintendent of the new district
299 shall meet, together with the Superintendent of Public Instruction, to determine if further
300 boundary changes should be proposed in accordance with Section 53A-2-104 or Subsection
301 53A-2-118 (2).
302 (b) Each member elected to a school district board of a new district and remaining
303 district at an election under Subsection (3)(a)(i) shall take office on July 15 immediately
304 following the election.
305 (c) (i) Subject to Subsection (3)(c)(ii), the terms of the initial members of the school
306 district board of the new district and remaining district who are elected at an election under

307 Subsection (3)(a)(i) shall be staggered and adjusted by the county legislative body so that:
308 (A) the school district board members' successors are elected at a future regular general
309 election; and
310 (B) the terms of their successors coincide with the schedule of terms for school district
311 board members established in Section 20A-14-202 .
312 (ii) (A) The term of a member elected to a school district board at an election under
313 Subsection (3)(a)(i) may not be less than 17 months.
314 (B) In order to comply with the requirements of Subsection (3)(c)(i), the term of a
315 member elected to a school district board at an election under Subsection (3)(a)(i) held in an
316 even-numbered year may exceed four years but may not exceed five years.
317 (d) (i) The term of each member of the school district board of the existing district
318 terminates on July 15 of the second year after the election at which voters approve the creation
319 of a new district, regardless of when the term would otherwise have terminated.
320 (ii) Notwithstanding the election of a board for the new district and a board for the
321 remaining district under Subsection (3)(a)(i), the board of the existing district shall continue,
322 until the time specified in Subsection 53A-2-118 (5)(b)(ii)(A), to function and exercise
323 authority as a board to the extent necessary to continue to provide educational services to the
324 entire existing district as though the new district had not been created.
325 (iii) A person may simultaneously serve as a member of the board of an existing
326 district and a member of the board of:
327 (A) a new district; or
328 (B) a remaining district.
329 (4) (a) Within 30 days after the canvass of an election at which voters approve the
330 creation of a new school district under this section:
331 (i) a transition team to represent the remaining district shall be appointed by the
332 members of the existing district board who reside within the area of the remaining district, in
333 consultation with:
334 (A) the legislative bodies of all municipalities in the area of the remaining district; and
335 (B) the legislative body of the county in which the remaining district is located, if the
336 remaining district includes one or more unincorporated areas of the county; and
337 (ii) another transition team to represent the new district shall be appointed by:

338 (A) for a new district located entirely within the boundaries of a single city, the
339 legislative body of that city; or
340 (B) for each other new district, the legislative bodies of all interlocal agreement
341 participants.
342 (b) The local board of the existing school district shall:
343 (i) within 30 days after the canvass of an election at which voters approve the creation
344 of a new school district under this section, prepare an inventory of the existing district's assets
345 and liabilities; and
346 (ii) within 45 days after the canvass, deliver a copy of the inventory to each of the
347 transition teams.
348 (c) (i) (A) The transition teams appointed under Subsection (4)(a) shall, subject to
349 Subsection (4)(c)(iii), determine the allocation of the existing district's property between the
350 remaining district and the new district in accordance with Subsection (4)(c)(ii).
351 (B) The transition teams shall determine the allocation under Subsection (4)(c)(i)(A)
352 before July 1 of the year following the election at which voters approve the creation of a new
353 district, unless that deadline is extended by the mutual agreement of:
354 (I) the school district board of the remaining district; and
355 (II) (Aa) the legislative body of the city in which the new district is located, for a new
356 district located entirely within a single city; or
357 (Bb) the legislative bodies of all interlocal agreement participants, for each other new
358 district.
359 (ii) Subject to Subsection (4)(c)(iii), all property of the existing district, both tangible
360 and intangible, real and personal, shall be allocated between the existing district and the new
361 district in a way that is fair and equitable to both the existing district and the new district,
362 taking into account:
363 (A) the relative student populations between the existing district and new district;
364 (B) the relative assessed value of taxable property between the existing district and the
365 new district;
366 (C) the historical amount of property used to deliver educational services to students in
367 the existing district and the new district; and
368 (D) any other factors that the transition teams consider relevant in dividing the property

369 in a fair and equitable manner.
370 (iii) (A) The transition teams shall allocate school buildings and associated property
371 used primarily to provide educational services to local residents and not serving district-wide
372 purposes to the school district in which the buildings are geographically located after the
373 creation of the new district.
374 (B) Except as provided in Subsection (4)(c)(iii)(A), nothing in this Subsection (4)(c)
375 may be construed to limit the ability of the transition teams to:
376 (I) provide that an existing district's property be shared by a remaining district and new
377 district;
378 (II) determine, by mutual agreement, that the value of the school buildings and
379 associated property described in Subsection (4)(c)(iii)(A) may be excluded from consideration
380 in the asset allocation process under this Subsection (4)(c); or
381 (III) provide for any other arrangement with respect to existing district property that is
382 beneficial to and in the best interests of the remaining district and new district.
383 (d) (i) Each disagreement between the transition teams about the proper allocation of
384 property between the districts shall be resolved by binding arbitration to a three-member
385 arbitration panel.
386 (ii) Each transition team shall appoint one member to an arbitration panel under this
387 Subsection (4)(d), and those two members shall appoint a third member.
388 (iii) The costs of arbitration shall initially be borne entirely by the existing district, but
389 the new district shall reimburse the existing district half of those costs within one year after the
390 new district begins providing educational services.
391 (e) Each decision of the transition teams and of the arbitration panel resolving a
392 disagreement between the transition teams is final and binding on the boards of the existing
393 district and new district.
394 (f) (i) All costs and expenses of the transition team that represents a remaining district
395 shall be borne by the remaining district.
396 (ii) All costs and expenses of the transition team that represents a new district shall:
397 (A) initially be borne by:
398 (I) the city whose legislative body appoints the transition team, if the transition team is
399 appointed by the legislative body of a single city; or

400 (II) the interlocal agreement participants, if the transition team is appointed by the
401 legislative bodies of interlocal agreement participants; and
402 (B) be reimbursed to the city or interlocal agreement participants by the new district
403 within one year after the new district begins providing educational services.
404 Section 3. Effective date.
405 If approved by two-thirds of all the members elected to each house, this bill takes effect
406 upon approval by the governor, or the day following the constitutional time limit of Utah
407 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
408 the date of veto override.




Legislative Review Note
as of 8-17-07 10:19 AM

Office of Legislative Research and General Counsel