First Substitute H.B. 127

Representative Kenneth W. Sumsion proposes the following substitute bill:

1 COMMUNITY COUNCIL ELECTIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kenneth W. Sumsion
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Strategic Planning Act for Educational Excellence by
10 amending provisions for the election of members of school community councils.
11 Highlighted Provisions:
12 This bill:
13 . adds provisions for conducting elections of members of school community councils
14 by secret ballot;
15 . requires the principal of the school, or the principal's designee, to provide notice of
16 the available community council positions at least 21 days before the date of the
17 election, in order to allow candidates to file for office;
18 . requires candidates to file a written declaration of candidacy with the principal of
19 the school, or the principal's designee, no later than 15 days before the election;
20 . requires that a notice of the election for parent or guardian members include a list of
21 candidates that have filed, and the dates, location, and hours that the voting will be
22 open, which shall include evening hours, not less than two weeks before the
23 election;
24 . provides procedures for elections of parent or guardian members, including
25 requirements that:

26 . the principal of the school, or the principal's designee, act as the chief election
27 judge for the election;
28 . the chief election judge appoint other elections judges to ensure that at least two
29 election judges are present during voting and tabulation of the results, that only
30 qualified individuals vote, and that ballots are secure;
31 . voters sign the list of qualified voters next to their name before being given a
32 ballot;
33 . the election judges tabulate the results and keep the election materials for a
34 certain period after the election; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill coordinates with H.B. 254, School Community Council Amendments, by
40 substantively modifying language.
41 Utah Code Sections Affected:
42 AMENDS:
43 53A-1a-108, as last amended by Laws of Utah 2006, Chapter 119
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 53A-1a-108 is amended to read:
47 53A-1a-108. School community councils authorized -- Duties -- Composition --
48 Election procedures and selection of members.
49 (1) As used in this section:
50 (a) (i) "Parent or guardian member" means a member of a school community council
51 who is a parent or guardian of a student who is attending the school or who will be enrolled at
52 the school at any time during the parent's or guardian's initial term of office.
53 (ii) "Parent or guardian member" may not include a person who meets the definition of
54 a school employee member unless the person's employment at the school does not exceed an
55 average of six hours per week.
56 (b) "School employee member" means a member of a school community council who

57 is a person employed at a school by the school or school district, including the principal.
58 (2) Each public school, in consultation with its local school board, shall establish a
59 school community council at the school building level.
60 (3) (a) Each school community council shall:
61 (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
62 (ii) develop the School LAND Trust Program in accordance with Section
63 53A-16-101.5 ;
64 (iii) assist in the development and implementation of a staff professional development
65 plan as provided by Section 53A-3-701 ;
66 (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
67 (v) advise and make recommendations to school and school district administrators and
68 the local school board regarding the school and its programs, school district programs, and
69 other issues relating to the community environment for students.
70 (b) In addition to the duties specified in Subsection (3)(a), a school community council
71 for an elementary school shall develop a reading achievement plan in accordance with Section
72 53A-1-606.5 .
73 (4) (a) Each school community council shall consist of school employee members and
74 parent or guardian members in accordance with this section.
75 (b) Except as provided in Subsection (4)(c):
76 (i) each school community council for a high school shall have six parent or guardian
77 members and five school employee members, including the principal; and
78 (ii) each school community council for a school other than a high school shall have
79 four parent or guardian members and three school employee members, including the principal.
80 (c) (i) A school community council may have a larger membership provided that the
81 number of parent or guardian members exceeds the number of school employee members.
82 (ii) A school community council may have a smaller membership provided that:
83 (A) the number of parent or guardian members exceeds the number of school employee
84 members; and
85 (B) there are at least two school employee members on the school community council.
86 (5) (a) Each school employee member, except the principal, shall be elected by secret
87 ballot by a majority vote of the school employees and serves a two-year term beginning July 1.

88 The principal shall serve as an ex officio member with full voting privileges.
89 (b) (i) Each parent or guardian member shall be elected by secret ballot at an election
90 held at the school by a majority vote of those voting at the election and serves a two-year term
91 beginning July 1.
92 (ii) Only parents or guardians of students attending the school may vote at the election
93 under Subsection (5)(b)(i).
94 (c) (i) The principal of the school, or the principal's designee, shall provide notice of
95 the available community council positions to school employees, parents, and guardians of the
96 school at least 21 days before the date voting commences for the elections held under:
97 (A) Subsection (5)(a); and
98 (B) Subsection (5)(b).
99 (ii) The notice shall include:
100 (A) the day or days during which voting will be open for the pending election;
101 (B) a list of council positions that are up for election; and
102 (C) instructions on filing for a community council position.
103 (iii) In addition to providing notice under Subsection (5)(c)(i), the principal, or the
104 principal's designee, shall post the notice in an easily visible place near the school's main
105 office.
106 [(iii)] (iv) Any [parent or guardian of a student] person who meets the qualifications of
107 this section may file [or declare himself] as a candidate for election to a school community
108 council by submitting a written declaration of candidacy with the principal of the school or the
109 principal's designee no later than 15 days before the date voting commences for the election.
110 (v) (A) If, after the close of the declaration of candidacy period, there is only one
111 candidate for a council position that is up for election, that candidate shall be considered to
112 have been elected to the council position.
113 (B) If there is no candidate for a council position that is up for election, the council
114 position shall be filled according to the requirements of Subsection (5)(f).
115 [(c) Written] (d) The principal of the school, or the principal's designee, shall provide
116 written notice of [the elections]:
117 (i) the date of the election to be held under [Subsections] Subsection (5)(a) [and (5)(b)
118 shall be given at least two weeks prior to the elections.]; and

119 (ii) the election to be held under Subsection (5)(b), which notice shall:
120 (A) include a list of qualified candidates that have filed by the deadline under
121 Subsection (5)(c)(iv);
122 (B) include the dates, location, and hours that the voting will be open, which shall
123 include evening hours;
124 (C) be provided to each school employee and to a parent or guardian of each student of
125 the school not less than two weeks prior to the election; and
126 (D) be posted in an easily visible place near the school's main office.
127 (e) For elections held under Subsection (5)(b):
128 (i) The principal of the school, or the principal's designee, is the chief election judge
129 for the election, and shall appoint not less than two other election judges.
130 (ii) The election judges shall oversee the election and shall ensure that:
131 (A) (I) at least one election judge is present during voting; and
132 (II) at least two election judges are present during the tabulation of results;
133 (B) only qualified individuals vote, using the list of qualified voters required under
134 Subsection (5)(e)(iii);
135 (C) each voting individual casts only one ballot;
136 (D) each ballot is cast into a secure ballot box; and
137 (E) each ballot is accurately counted after the close of the election hours.
138 (iii) (A) The principal of the school, or the principal's designee, shall provide the
139 materials, furniture, and equipment needed for the election under this section, which shall
140 include a list of qualified voters, which contains the name of each school employee and each
141 parent or guardian of each school student.
142 (B) An individual who wishes to vote shall sign the list of qualified voters next to their
143 name before receiving a ballot.
144 (iv) Following the election, the election judges shall:
145 (A) tabulate the results;
146 (B) store the ballots, a copy of the results, and the signed list of qualified voters; and
147 (C) keep the documents for not less than 60 days.
148 [(d)] (v) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
149 available to the public upon request.

150 [(e)] (f) (i) If a parent or guardian position on a school community council remains
151 unfilled after an election is held, the other parent or guardian members of the council shall
152 appoint a parent or guardian who meets the qualifications of this section to fill the position.
153 (ii) If a school employee position on a school community council remains unfilled after
154 an election is held, the other school employee members of the council shall appoint a school
155 employee to fill the position.
156 (iii) The chair of the community council shall notify the local school board of each
157 appointment made [pursuant to] under Subsection (5)[(e)](f)(i) or (ii).
158 (iv) A member appointed to a school community council [pursuant to] under
159 Subsection (5)[(e)](f)(i) or (ii) shall serve a two-year term beginning July 1.
160 [(f)] (g) Initial terms shall be staggered so that no more than 50% of the council
161 members stand for election in any one year.
162 [(g)] (h) Council members may serve up to three successive terms.
163 [(h)] (i) (i) Each school community council shall elect a chair and vice chair from its
164 parent or guardian members and elected employee members.
165 (ii) No more than one parent or guardian member or elected employee member may at
166 the same time serve as an officer specified in Subsection (5)[(h)](i)(i).
167 (6) (a) A school community council may create subcommittees or task forces to:
168 (i) advise or make recommendations to the council; or
169 (ii) develop all or part of a plan listed in Subsection (3).
170 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
171 subject to the approval of the school community council.
172 (c) A school community council may appoint individuals who are not council members
173 to serve on a subcommittee or task force, including parents, school employees, or other
174 community members.
175 Section 2. Coordinating H.B. 127 with H.B. 254 -- Merging substantive
176 amendments.
177 If this H.B. 127 and H.B. 254, School Community Council Amendments, both pass, it
178 is the intent of the Legislature that the Office of Legislative Research and General Counsel, in
179 preparing the Utah Code database for publication, modify Subsection 53A-1a-108 (5)(c)(iv) to
180 read:

181 "(iv) Any person who meets the qualifications of this section may file as a candidate for
182 election to a school community council by submitting a written declaration of candidacy with
183 the principal of the school, or the principal's designee, no later than 15 days before the date that
184 voting commences for the election."