H.B. 254

1

SCHOOL COMMUNITY COUNCIL AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: ____________
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 Laws of Utah 2006, Chapter 119
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) (i) "Parent or guardian member" means a parent or guardian of a student who
34 is 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.
36 (ii) "Parent or guardian member" may not include a person who meets the definition of
37 a school employee member unless the person's employment at the school does not exceed an
38 average of six hours per week.
39 [(b)] (c) "School employee member" means a person employed at a school by the
40 school or school district, including the principal.
41 (2) Each public school, in consultation with its local school board, shall establish a
42 school community council at the school building level.
43 (3) (a) Each school community council shall:
44 (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
45 (ii) develop the School LAND Trust Program in accordance with Section
46 53A-16-101.5 ;
47 (iii) assist in the development and implementation of a staff professional development
48 plan as provided by Section 53A-3-701 ;
49 (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
50 (v) advise and make recommendations to school and school district administrators and
51 the local school board regarding the school and its programs, school district programs, and
52 other issues relating to the community environment for students.
53 (b) In addition to the duties specified in Subsection (3)(a), a school community council
54 for an elementary school shall develop a reading achievement plan in accordance with Section
55 53A-1-606.5 .
56 (4) (a) Each school community council shall consist of school employee members
57 [and], parent or guardian members, and nonvoting at large members in accordance with this
58 section.

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

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

Legislative Review Note
as of 8-24-07 9:15 AM

Office of Legislative Research and General Counsel