S.B. 71

1

SCHOOL DISTRICT AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carlene M. Walker
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the creation of a new school district.
10 Highlighted Provisions:
11 This bill:
12 . enacts definitions;
13 . lengthens the time in which transition teams must be appointed;
14 . extends the deadline for the existing school district to prepare an inventory of
15 existing school district property;
16 . defines a date at which existing school district property and liabilities are to be
17 determined;
18 . extends the deadline by which the transition teams are to determine the allocation of
19 existing school district property;
20 . requires transition teams to prepare a written report setting forth the property
21 allocation;
22 . authorizes a transition team to close its meeting for the purpose of discussing the
23 allocation of school district property;
24 . requires an existing school district to make money available to a new district,
25 provides for who can access and spend that money, and requires transition teams to
26 consider that money in allocating existing district property;
27 . requires an existing school district to transfer title of property to the new district

28 within a certain time, and allows that date to be moved to an earlier date upon the mutual
29 agreement of the school district boards;
30 . prohibits an existing school district from transferring title to school district property
31 exceeding a certain value without the consent of specified boards or bodies; and
32 . makes technical changes.
33 Monies Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 52-4-205, as renumbered and amended by Laws of Utah 2006, Chapter 14
40 53A-2-117, as last amended by Laws of Utah 2007, Chapters 215 and 297
41 53A-2-118, as last amended by Laws of Utah 2007, First Special Session, Chapter 1
42 53A-2-118.1, as last amended by Laws of Utah 2007, First Special Session, Chapters 1,
43 2, and 4
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 52-4-205 is amended to read:
47 52-4-205. Purposes of closed meetings.
48 (1) A closed meeting described under Section 52-4-204 may only be held for:
49 (a) discussion of the character, professional competence, or physical or mental health
50 of an individual;
51 (b) strategy sessions to discuss collective bargaining;
52 (c) strategy sessions to discuss pending or reasonably imminent litigation;
53 (d) strategy sessions to discuss the purchase, exchange, or lease of real property if
54 public discussion of the transaction would:
55 (i) disclose the appraisal or estimated value of the property under consideration; or
56 (ii) prevent the public body from completing the transaction on the best possible terms;
57 (e) strategy sessions to discuss the sale of real property if:
58 (i) public discussion of the transaction would:

59 (A) disclose the appraisal or estimated value of the property under consideration; or
60 (B) prevent the public body from completing the transaction on the best possible terms;
61 (ii) the public body previously gave public notice that the property would be offered for
62 sale; and
63 (iii) the terms of the sale are publicly disclosed before the public body approves the
64 sale;
65 (f) discussion regarding deployment of security personnel, devices, or systems;
66 (g) investigative proceedings regarding allegations of criminal misconduct; [and]
67 (h) discussion by a county legislative body of commercial information as defined in
68 Section 59-1-404 [.]; and
69 (i) discussion by a transition team appointed under Subsection 53A-2-118.1 (4)(a) of
70 the allocation of school district property under Subsection 53A-2-118.1 (4)(c).
71 (2) A public body may not interview a person applying to fill an elected position in a
72 closed meeting.
73 Section 2. Section 53A-2-117 is amended to read:
74 53A-2-117. Definitions.
75 As used in Sections 53A-2-117 through 53A-2-121 :
76 (1) "Allocation date" means October 31 immediately before the creation election date.
77 (2) "Canvass date" means the date of the canvass of an election under Subsection
78 53A-2-118 (5) at which voters approve the creation of a new school district under Section
79 53A-2-118.1 .
80 (3) "Creation election date" means the date of the election under Subsection
81 53A-2-118 (5) at which voters approve the creation of a new school district under Section
82 53A-2-118.1 .
83 [(1)] (4) "Existing district" or "existing school district" means a school district from
84 which a new district is created.
85 [(2)] (5) "New district" or "new school district" means a school district created under
86 Section 53A-2-118 or 53A-2-118.1 .
87 [(3)] (6) "Remaining district" or "remaining school district" means an existing district
88 after the creation of a new district.
89 Section 3. Section 53A-2-118 is amended to read:

90 53A-2-118. Creation of new school district -- Initiation of process -- Procedures
91 to be followed.
92 (1) A new school district may be created from one or more existing school districts, as
93 provided in this section.
94 (2) (a) The process to create a new school district may be initiated:
95 (i) through a citizens' initiative petition;
96 (ii) at the request of the board of the existing district or districts to be affected by the
97 creation of the new district; or
98 (iii) at the request of a city within the boundaries of the school district or at the request
99 of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
100 (b) (i) Each petition submitted under Subsection (2)(a)(i) shall be signed by qualified
101 electors residing within the geographical boundaries of the proposed new school district equal
102 in number to at least 15% of the number of electors in the area who voted for the office of
103 governor at the last regular general election.
104 (ii) Each request or petition submitted under Subsection (2)(a) shall:
105 (A) be filed with the clerk of each county in which any part of the proposed new school
106 district is located;
107 (B) indicate the typed or printed name and current residence address of each governing
108 board member making a request, or registered voter signing a petition, as the case may be;
109 (C) describe the proposed new school district boundaries; and
110 (D) designate up to five signers of the petition or request as sponsors, one of whom
111 shall be designated as the contact sponsor, with the mailing address and telephone number of
112 each.
113 (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
114 reinstate the signer's signature at any time before the filing of the petition by filing a written
115 withdrawal or reinstatement with the county clerk.
116 (d) The process under Subsection (2)(a)(i) may only be initiated once during any
117 four-year period.
118 (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
119 population of the proposed new district is less than 3,000 or the existing district's student
120 population would be less than 3,000 because of the creation of the new school district.

121 (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five
122 business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
123 county with which a request or petition is filed shall:
124 (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
125 and (e), as applicable; and
126 (ii) (A) if the county clerk determines that the request or petition complies with the
127 applicable requirements:
128 (I) certify the request or petition and deliver the certified request or petition to the
129 county legislative body; and
130 (II) mail or deliver written notification of the certification to the contact sponsor; or
131 (B) if the county clerk determines that the request or petition fails to comply with any
132 of the applicable requirements, reject the request or petition and notify the contact sponsor in
133 writing of the rejection and reasons for the rejection.
134 (g) If the county clerk fails to certify or reject a request or petition within the time
135 specified in Subsection (2)(f), the request or petition shall be considered to be certified.
136 (h) (i) If the county clerk rejects a request or petition, the request or petition may be
137 amended to correct the deficiencies for which it was rejected and then refiled.
138 (ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
139 after having been rejected by a county clerk.
140 (i) If a county legislative body receives a request from a school board under Subsection
141 (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county clerk on or
142 before December 1:
143 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
144 by Subsection (3), on or before January 1;
145 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
146 county legislative body, as provided by Subsection (3), on or before July 1; and
147 (iii) if the legislative body of each county with which a request or petition is filed
148 approves a proposal to create a new district, the proposal shall be submitted to the respective
149 county clerk to be voted on by the electors of each existing district at the regular general or
150 municipal general election held in November.
151 (3) (a) The legislative body of each county with which a request or petition is filed

152 shall appoint an ad hoc advisory committee to review and make recommendations on a request
153 for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
154 (b) The advisory committee shall:
155 (i) seek input from:
156 (A) those requesting the creation of the new school district;
157 (B) the school board and school personnel of each existing school district;
158 (C) those citizens residing within the geographical boundaries of each existing school
159 district;
160 (D) the State Board of Education; and
161 (E) other interested parties;
162 (ii) review data and gather information on at least:
163 (A) the financial viability of the proposed new school district;
164 (B) the proposal's financial impact on each existing school district;
165 (C) the exact placement of school district boundaries; and
166 (D) the positive and negative effects of creating a new school district and whether the
167 positive effects outweigh the negative if a new school district were to be created; and
168 (iii) make a report to the county legislative body in a public meeting on the committee's
169 activities, together with a recommendation on whether to create a new school district.
170 (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
171 (a) The county legislative body shall provide for a 45-day public comment period on
172 the report and recommendation to begin on the day the report is given under Subsection
173 (3)(b)(iii).
174 (b) Within 14 days after the end of the comment period, the legislative body of each
175 county with which a request or petition is filed shall vote on the creation of the proposed new
176 school district.
177 (c) The proposal is approved if a majority of the members of the legislative body of
178 each county with which a request or petition is filed votes in favor of the proposal.
179 (d) If the proposal is approved, the legislative body of each county with which a
180 request or petition is filed shall submit the proposal to the county clerk to be voted on:
181 (i) by the legal voters of each existing school district;
182 (ii) in accordance with the procedures and requirements applicable to a regular general

183 election under Title 20A, Election Code; and
184 (iii) at the next regular general election or municipal general election, whichever is
185 first.
186 (e) Creation of the new school district shall occur if a majority of the electors within
187 both the proposed school district and each remaining school district voting on the proposal vote
188 in favor of the creation of the new district.
189 (f) Each county legislative body shall provide notice of the action as required in Section
190 53A-2-101.5 .
191 (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
192 approved by the electors, the existing district's documented costs to study and implement the
193 proposal shall be reimbursed by the new district.
194 (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection
195 (2)(f) or (g), the legislative body of each county in which part of the proposed new school
196 district is located shall submit the proposal to the respective clerk of each county to be voted
197 on:
198 (i) by the legal voters residing within the proposed new school district boundaries;
199 (ii) in accordance with the procedures and requirements applicable to a regular general
200 election under Title 20A, Election Code; and
201 (iii) at the next regular general election or municipal general election, whichever is
202 first.
203 (b) (i) If a majority of the legal voters within the proposed new school district
204 boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
205 creation of the new district:
206 (A) each county legislative body shall, within [30] 60 days after the canvass [of the
207 election] date, file with the lieutenant governor the written notice, with the accompanying map
208 or plat, required under Section 53A-2-101.5 ; and
209 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
210 the new district is created.
211 (ii) Notwithstanding the creation of a new district as provided in Subsection
212 (5)(b)(i)(B):
213 (A) a new school district may not begin to provide educational services to the area

214 within the new district until July 1 of the second calendar year following the creation election
215 [at which voters approve creation of the new school district] date;
216 (B) a remaining district may not begin to provide educational services to the area
217 within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
218 (C) each existing district shall continue, until the time specified in Subsection
219 (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
220 district as though the new district had not been created.
221 Section 4. Section 53A-2-118.1 is amended to read:
222 53A-2-118.1. Option for school district creation.
223 (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
224 as determined by the lieutenant governor using the process described in Subsection
225 10-2-302 (2), may by majority vote of the legislative body, submit for voter approval a measure
226 to create a new school district with boundaries contiguous with that city's boundaries, in
227 accordance with Section 53A-2-118 .
228 (b) (i) The determination of all matters relating to the scope, adequacy, and other
229 aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
230 city's legislative body.
231 (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis of
232 a legal action or other challenge to:
233 (A) an election for voter approval of the creation of a new school district; or
234 (B) the creation of the new school district.
235 (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
236 may, together with one or more other cities, towns, or the county enter into an interlocal
237 agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
238 of submitting for voter approval a measure to create a new school district.
239 (b) (i) In accordance with Section 53A-2-118 , interlocal agreement participants under
240 Subsection (2)(a) may submit a proposal for voter approval if:
241 (A) the interlocal agreement participants conduct a feasibility study prior to submitting
242 the proposal to the county;
243 (B) the combined population within the proposed new school district boundaries
244 [meets the minimum population threshold for a city of the second class] is at least 50,000;

245 (C) the new school district boundaries:
246 (I) are contiguous;
247 (II) do not completely surround or otherwise completely geographically isolate a
248 portion of an existing school district that is not part of the proposed new school district from
249 the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
250 (III) include the entire boundaries of each participant city or town, except as provided
251 in Subsection (2)(d)(ii); and
252 (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and
253 (D) the combined population within the proposed new school district of interlocal
254 agreement participants that have entered into an interlocal agreement proposing to create a new
255 school district is at least 80% of the total population of the proposed new school district.
256 (ii) The determination of all matters relating to the scope, adequacy, and other aspects
257 of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
258 feasibility study or revise a previous feasibility study due to a change in the proposed new
259 school district boundaries, is within the exclusive discretion of the legislative bodies of the
260 interlocal agreement participants that enter into an interlocal agreement to submit for voter
261 approval a measure to create a new school district.
262 (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
263 basis of a legal action or other challenge to:
264 (A) an election for voter approval of the creation of a new school district; or
265 (B) the creation of the new school district.
266 (iv) For purposes of determining whether the boundaries of a proposed new school
267 district cross county lines under Subsection (2)(b)(i)(C)(IV):
268 (A) a municipality located in more than one county and entirely within the boundaries
269 of a single school district is considered to be entirely within the same county as other
270 participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
271 land area and population is located in that same county than outside the county; and
272 (B) a municipality located in more than one county that participates in an interlocal
273 agreement under Subsection (2)(a) with respect to some but not all of the area within the
274 municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
275 not be considered to cross county lines.

276 (c) (i) A county may only participate in an interlocal agreement under this Subsection
277 (2) for the unincorporated areas of the county.
278 (ii) Boundaries of a new school district created under this section may include:
279 (A) a portion of one or more existing school districts; and
280 (B) a portion of the unincorporated area of a county, including a portion of a township.
281 (d) (i) As used in this Subsection (2)(d):
282 (A) "Isolated area" means an area that:
283 (I) is entirely within the boundaries of a municipality that, except for that area, is
284 entirely within a school district different than the school district in which the area is located;
285 and
286 (II) would, because of the creation of a new school district from the existing district in
287 which the area is located, become completely geographically isolated.
288 (B) "Municipality's school district" means the school district that includes all of the
289 municipality in which the isolated area is located except the isolated area.
290 (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant in
291 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
292 within the municipality's boundaries if:
293 (A) the portion of the municipality proposed to be included in the new school district
294 would, if not included, become an isolated area upon the creation of the new school district; or
295 (B) (I) the portion of the municipality proposed to be included in the new school
296 district is within the boundaries of the same school district that includes the other interlocal
297 agreement participants; and
298 (II) the portion of the municipality proposed to be excluded from the new school
299 district is within the boundaries of a school district other than the school district that includes
300 the other interlocal agreement participants.
301 (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
302 district may be submitted for voter approval pursuant to an interlocal agreement under
303 Subsection (2)(a), even though the new school district boundaries would create an isolated
304 area, if:
305 (I) the potential isolated area is contiguous to one or more of the interlocal agreement
306 participants;

307 (II) the interlocal participants submit a written request to the municipality in which the
308 potential isolated area is located, requesting the municipality to enter into an interlocal
309 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
310 create a new school district that includes the potential isolated area; and
311 (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
312 municipality has not entered into an interlocal agreement as requested in the request.
313 (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
314 one or more public hearings to allow input from the public and affected school districts
315 regarding whether or not the municipality should enter into an interlocal agreement with
316 respect to the potential isolated area.
317 (C) (I) This Subsection (2)(d)(iii)(C) applies if:
318 (Aa) a new school district is created under this section after a measure is submitted to
319 voters based on the authority of Subsection (2)(d)(iii)(A); and
320 (Bb) the creation of the new school district results in an isolated area.
321 (II) The isolated area shall, on July 1 of the second calendar year following the creation
322 election [at which voters approve the creation of a new school district] date, become part of the
323 municipality's school district.
324 (III) Unless the isolated area is the only remaining part of the existing district, the
325 process described in Subsection (4) shall be modified to:
326 (Aa) include a third transition team, appointed by the [local] school district board of
327 the municipality's school district, to represent that school district;
328 (Bb) require allocation of the existing district's property among the new district, the
329 remaining district, and the municipality's school district;
330 (Cc) require each of the three transition teams to appoint one member to the
331 three-member arbitration panel, if an arbitration panel is established; and
332 (Dd) require the municipality's school district to bear 1/3 of the costs of arbitration.
333 (IV) The existing district shall continue to provide educational services to the isolated
334 area until July 1 of the second calendar year following the creation election [at which voters
335 approve the creation of a new school district] date.
336 (3) (a) If a proposal under this section is approved by voters:
337 (i) an election shall be held on the June special election date, as provided in Section

338 20A-1-204 , in the year following the creation election [at which voters approved the creation of
339 a new school district, to elect] date:
340 (A) all members to the board of the new school district; and
341 (B) all members to the board of the remaining district;
342 (ii) school district property shall be divided between the existing school district and the
343 new school district as provided in Subsection (4);
344 (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
345 53A-2-122 ;
346 (iv) (A) an individual residing within the boundaries of a new school district at the
347 time the new school district is created may, for six school years after the creation of the new
348 school district, elect to enroll in a secondary school located outside the boundaries of the new
349 school district if:
350 (I) the individual resides within the boundaries of that secondary school as of the day
351 before the new school district is created; and
352 (II) the individual would have been eligible to enroll in that secondary school had the
353 new school district not been created; and
354 (B) the school district in which the secondary school is located shall provide
355 educational services, including, if provided before the creation of the new school district,
356 busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school
357 year for which the individual makes the election; and
358 (v) within one year after the new district begins providing educational services, the
359 superintendent of each remaining district affected and the superintendent of the new district
360 shall meet, together with the Superintendent of Public Instruction, to determine if further
361 boundary changes should be proposed in accordance with Section 53A-2-104 [or Subsection
362 53A-2-118 (2)].
363 (b) Each member elected to a school district board of a new district and remaining
364 district at an election under Subsection (3)(a)(i) shall take office on July 15 immediately
365 following the election.
366 (c) (i) Subject to Subsection (3)(c)(ii), the terms of the initial members of the school
367 district board of the new district and remaining district who are elected at an election under
368 Subsection (3)(a)(i) shall be staggered and adjusted by the county legislative body so that:

369 (A) the school district board members' successors are elected at a future regular general
370 election; and
371 (B) the terms of their successors coincide with the schedule of terms for school district
372 board members established in Section 20A-14-202 .
373 (ii) (A) The term of a member elected to a school district board at an election under
374 Subsection (3)(a)(i) may not be less than 17 months.
375 (B) In order to comply with the requirements of Subsection (3)(c)(i), the term of a
376 member elected to a school district board at an election under Subsection (3)(a)(i) held in an
377 even-numbered year may exceed four years but may not exceed five years.
378 (d) (i) The term of each member of the school district board of the existing district
379 terminates on July 15 of the second year after the creation election [at which voters approve the
380 creation of a new district] date, regardless of when the term would otherwise have terminated.
381 (ii) Notwithstanding the election of a board for the new district and a board for the
382 remaining