First Substitute H.B. 332

Representative Gregory H. Hughes proposes the following substitute bill:

1 USE OF PUBLIC SCHOOLS BY COMMUNITY
2 ORGANIZATIONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gregory H. Hughes
6 Senate Sponsor: Howard A. Stephenson
7 Cosponsors:Eric K. HutchingsPaul Ray 8
9 LONG TITLE
10 General Description:
11 This bill modifies provisions of the State System of Public Education code relating to
12 the use of public school buildings and grounds as a civic center.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions;
16 . modifies an exemption for charter schools;
17 . requires all public school buildings and grounds to be made available as a civic
18 center to district residents for supervised recreational activities and meetings;
19 . provides that a local school board may not refuse the use of a civic center, for other
20 than school purposes, unless it determines that the use interferes with a school
21 function or purpose;
22 . requires a local school board to ensure that school administrators are trained about
23 and properly implement certain provisions; and
24 . makes technical corrections.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 53A-1a-511, as last amended by Laws of Utah 2007, Chapter 349
32 53A-3-413, as enacted by Laws of Utah 1988, Chapter 2
33 53A-3-414, as last amended by Laws of Utah 1999, Chapter 21
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-1a-511 is amended to read:
37 53A-1a-511. Waivers from state board rules -- Application of statutes and rules
38 to charter schools.
39 (1) A charter school shall operate in accordance with its charter and is subject to Title
40 53A, State System of Public Education, and other state laws applicable to public schools,
41 except as otherwise provided in this part.
42 (2) (a) A charter school or any other public school or school district may apply to the
43 State Board of Education for a waiver of any state board rule that inhibits or hinders the school
44 or the school district from accomplishing its mission or educational goals set out in its strategic
45 plan or charter.
46 (b) The state board may grant the waiver, unless:
47 (i) the waiver would cause the school district or the school to be in violation of state or
48 federal law; or
49 (ii) the waiver would threaten the health, safety, or welfare of students in the district or
50 at the school.
51 (c) If the State Board of Education denies the waiver, the reason for the denial shall be
52 provided in writing to the waiver applicant.
53 (3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
54 governing the following do not apply to a charter school:
55 (i) school libraries;
56 (ii) required school administrative and supervisory services; and

57 (iii) required expenditures for instructional supplies.
58 (b) A charter school shall comply with rules implementing statutes that prescribe how
59 state appropriations may be spent.
60 (4) The following provisions of Title 53A, State System of Public Education, and rules
61 adopted under those provisions, do not apply to a charter school:
62 (a) Sections 53A-1a-108 and 53A-1a-108.5 , requiring the establishment of a school
63 community council and school improvement plan;
64 [(b) Sections 53A-3-413 and 53A-3-414 , pertaining to the use of school buildings as
65 civic centers;]
66 [(c)] (b) Section 53A-3-420 , requiring the use of activity disclosure statements;
67 [(d)] (c) Section 53A-12-207 , requiring notification of intent to dispose of textbooks;
68 [(e)] (d) Section 53A-13-107 , requiring annual presentations on adoption;
69 [(f)] (e) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
70 districts and local school boards; and
71 [(g)] (f) Section 53A-14-107 , requiring an independent evaluation of instructional
72 materials.
73 (5) For the purposes of Title 63, Chapter 56, Utah Procurement Code, a charter school
74 shall be considered a local public procurement unit.
75 (6) Each charter school shall be subject to:
76 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
77 (b) Title 63, Chapter 2, Government Records Access and Management Act.
78 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
79 existing state law and administrative rules for the purpose of determining from which laws and
80 rules charter schools should be exempt.
81 (b) (i) The State Charter School Board shall present recommendations for exemption to
82 the State Board of Education for consideration.
83 (ii) The State Board of Education shall consider the recommendations of the State
84 Charter School Board and respond within 60 days.
85 (8) Sections 53A-3-413 and 53A-3-414 , pertaining to the use of school buildings and
86 grounds as civic centers, and rules adopted under those provisions, do not apply to a charter
87 school that leases its buildings and grounds.

88 Section 2. Section 53A-3-413 is amended to read:
89 53A-3-413. Use of public school buildings and grounds as civic centers.
90 (1) As used in this section, "civic center" means a public school building or ground that
91 is established and maintained as a limited public forum to district residents for supervised
92 recreational activities and meetings.
93 [(1) All] (2) Except as provided in Subsection (3), all public school buildings and
94 grounds [are] shall be civic centers [and may be used by district residents for supervised
95 recreational activities and meetings].
96 [(2)] (3) Use of school property for civic center purposes may not interfere with [any] a
97 school function or purpose.
98 Section 3. Section 53A-3-414 is amended to read:
99 53A-3-414. Local school boards' responsibility for school buildings and grounds
100 when used as civic centers.
101 (1) As used in this section, "civic center" has the same meaning as provided in Section
102 53A-3-413 .
103 (2) A local school board [has the following powers]:
104 [(1)] (a) [It manages, directs, and controls] shall manage, direct, and control civic
105 centers under this chapter[.];
106 [(2) It adopts rules] (b) shall adopt policies for the use of [these] civic centers[.];
107 [(3) It] (c) may charge a reasonable fee for the use of school facilities as a civic center
108 so that the district incurs no expense for that use[.];
109 [(4) It] (d) may appoint a special functions officer under Section 53-13-105 to have
110 charge of the grounds and protect school property when used for civic center purposes[.];
111 [(5) It] (e) may not refuse the use of a civic center, for other than school purposes, [if]
112 unless it determines that the use [inadvisable.] interferes with a school function or purpose; and
113 (f) shall ensure that school administrators are trained about and properly implement the
114 provisions of this section and Section 53A-3-413 .