H.B. 119 Enrolled

PUBLIC EDUCATION AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Jeff Alexander
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT THE SIZE OF A
LOCAL BOARD OF EDUCATION SHALL BE BASED ON THE SCHOOL DISTRICT'S
STUDENT POPULATION; PROVIDING THAT A SCHOOL DISTRICT SUPERINTENDENT
SHALL BE APPOINTED ON THE BASIS OF OUTSTANDING PROFESSIONAL
QUALIFICATIONS AND ALLOWING THOSE IN LARGER DISTRICTS TO BE EMPLOYED
WITHOUT HOLDING AN ADMINISTRATIVE/SUPERVISORY LICENSE; PROVIDING
THAT A SCHOOL DISTRICT MAY EMPLOY UNLICENSED TEACHERS WHO POSSESS
OUTSTANDING PROFESSIONAL QUALIFICATIONS UNDER A LETTER OF
AUTHORIZATION; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-14-201, as last amended by Chapter 21, Laws of Utah 1999
20A-14-202, as last amended by Chapter 132, Laws of Utah 1998
53A-3-301, as last amended by Chapter 218, Laws of Utah 1999
53A-6-104, as repealed and reenacted by Chapter 108, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-14-201 is amended to read:
20A-14-201. Boards of education -- School board districts -- Creation --
Reapportionment.
(1) (a) The county legislative body, for local school districts whose boundaries encompass
more than a single municipality, and the municipal legislative body, for school districts contained
completely within a municipality, shall divide the local school district into local school board
districts as required under Subsection 20A-14-202 (1)(a).
(b) The county and municipal legislative bodies shall divide the school district so that the
local school board districts are substantially equal in population and are as contiguous and compact

as practicable.
(2) (a) County and municipal legislative bodies shall reapportion district boundaries to meet
the population, compactness, and contiguity requirements of this section:
(i) at least once every ten years;
(ii) whenever a new district is created;
(iii) whenever districts are consolidated;
(iv) whenever a district loses more than 20% of the population of the entire school district
to another district;
(v) whenever a district loses more than 50% of the population of a local school board district
to another district; [and]
(vi) whenever a district receives new residents equal to at least 20% of the population of the
district at the time of the last reapportionment because of a transfer of territory from another
district[.]; and
(vii) whenever it is necessary to increase the membership of a board from five to seven
members as a result of changes in student membership under Section 20A-14-202 .
(b) If a school district receives territory containing less than 20% of the population of the
transferee district at the time of the last reapportionment, the local school board may assign the new
territory to one or more existing school board districts.
(3) (a) Reapportionment does not affect the right of any school board member to complete
the term for which the member was elected.
(b) (i) After reapportionment, representation in a local school board district shall be
determined as provided in Subsection (3).
(ii) If only one board member whose term extends beyond reapportionment lives within a
reapportioned local school board district, that board member shall represent that local school board
district.
(iii) (A) If two or more members whose terms extend beyond reapportionment live within
a reapportioned local school board district, the members involved shall select one member by lot to
represent the local school board district.

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(B) The other members shall serve at-large for the remainder of their terms.
(C) The at-large board members shall serve in addition to the designated number of board
members for the board in question for the remainder of their terms.
(iv) If there is no board member living within a local school board district whose term extends
beyond reapportionment, the seat shall be treated as vacant and filled as provided in this part.
(4) (a) If, before an election affected by reapportionment, the county or municipal legislative
body that conducted the reapportionment determines that one or more members must be elected to
terms of two years to meet this part's requirements for staggered terms, the legislative body shall
determine by lot which of the reapportioned local school board districts will elect members to
two-year terms and which will elect members to four-year terms.
(b) All subsequent elections are for four-year terms.
Section 2. Section 20A-14-202 is amended to read:
20A-14-202. Local Boards of Education -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest.
[(1) (a) Unless otherwise required by this part, the Salt Lake City Board of Education shall
consist of seven members and the boards of education of all other local school districts shall consist
of five members.]
(1) (a) The board of education of a school district with a student population of up to 24,000
students shall consist of five members.
(b) The board of education of a school district with a student population of more than 24,000
students shall increase from five to seven members beginning with the 2002 regular general election.
(c) Student population is based on the October 1 student count submitted by districts to the
State Office of Education.
(d) If the number of members of a local school board is required to change under Subsection
(1)(b), the board shall be reapportioned and elections conducted as provided in Sections 20A-14-201
and 20A-14-203 .
(e) A school district which now has or increases to a seven-member board shall maintain a
seven-member board regardless of subsequent changes in student population.

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[(b)] (f) (i) Members of a local board of education shall be elected at each regular general
election.
(ii) Except as provided in Subsection (1)[(b)](f)(iii), no more than three members of a local
board of education may be elected to a five-member board, nor more than four members elected to
a seven-member board, in any election year.
(iii) More than three members of a local board of education may be elected to a five-member
board and more than four members elected to a seven-member board in any election year only when
required by reapportionment or to fill a vacancy or to implement Subsection (1)(b).
[(c)] (g) One member of the local board of education shall be elected from each local school
board district.
(2) A member of a local school board shall:
(a) be and remain a registered voter in the local school board district from which the member
is elected or appointed; and
(b) maintain his primary residence within the local school board district from which the
member is elected or appointed.
(3) A member of a local school board may not, during the member's term in office, also serve
as an employee of that board.
Section 3. Section 53A-3-301 is amended to read:
53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
Compensation.
(1) A local school board shall appoint a district superintendent of schools who serves as the
board's chief executive officer.
(2) (a) The board shall appoint the superintendent on the basis of outstanding professional
qualifications.
[(2)] (b) The superintendent's term of office is for two years and until a successor is appointed
and qualified.
(3) If it becomes necessary to appoint an interim superintendent due to a vacancy in the office
of superintendent, then the board shall make an appointment during a public meeting for an indefinite

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term not to exceed one year, which term shall end upon the appointment and qualification of a new
superintendent.
(4) (a) The superintendent shall hold an administrative/supervisory [certificate] license issued
by the State Board of Education, except as otherwise provided in Subsection (4)(b).
(b) A local board of education may request, and the State Board of Education shall grant,
a letter of authorization permitting a person with outstanding professional qualifications to serve as
superintendent without holding an administrative/supervisory license if the district has a student
population of at least 15,000.
(5) The board shall set the superintendent's compensation for services.
(6) The superintendent qualifies for office by taking the constitutional oath of office.
Section 4. Section 53A-6-104 is amended to read:
53A-6-104. Board licensure.
(1) (a) The board may issue licenses for educators.
(b) (i) A person employed in a position that requires licensure by the board shall hold the
appropriate license.
(ii) The board shall issue a letter of authorization permitting a person to be employed as a
classroom teacher if requested by a local school board which has determined that:
(A) the person has outstanding professional qualifications; and
(B) employment of the person would permit the school district to better meet the educational
goals of students.
(2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish the
criteria for obtaining and retaining licenses.
(b) The board shall make rules requiring participation in professional development activities
in order for educators to retain their licenses.
(3) Unless suspended or revoked by the board, or surrendered by the educator, a license is
valid for the following period:
(a) a letter of authorization is valid for one year, or a shorter period as specified by the board,
subject to renewal by the board for a total of not more than four years of full-time equivalent

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employment;
(b) a level 1 license is valid for three years, subject to renewal by the board for a total of not
more than six years;
(c) a level 2 license is valid for five years, subject to renewal by the board; and
(d) a level 3 license is valid for seven years, subject to renewal by the board.
Section 5. Effective date.
This act takes effect on July 1, 2000.

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