Second Substitute H.B. 119

Representative Jeff Alexander proposes to substitute the following bill:

1 PUBLIC EDUCATION AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jeff Alexander
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT THE SIZE OF A
6 LOCAL BOARD OF EDUCATION SHALL BE BASED ON THE SCHOOL DISTRICT'S
7 STUDENT POPULATION; PROVIDING THAT A SCHOOL DISTRICT SUPERINTENDENT
8 SHALL BE APPOINTED ON THE BASIS OF OUTSTANDING PROFESSIONAL
9 QUALIFICATIONS AND ALLOWING THOSE IN LARGER DISTRICTS TO BE EMPLOYED
10 WITHOUT HOLDING AN ADMINISTRATIVE/SUPERVISORY LICENSE; PROVIDING
11 THAT A SCHOOL DISTRICT MAY EMPLOY UNLICENSED TEACHERS WHO POSSESS
12 OUTSTANDING PROFESSIONAL QUALIFICATIONS UNDER A LETTER OF
13 AUTHORIZATION; AND PROVIDING AN EFFECTIVE DATE.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 20A-14-201, as last amended by Chapter 21, Laws of Utah 1999
17 20A-14-202, as last amended by Chapter 132, Laws of Utah 1998
18 53A-3-301, as last amended by Chapter 218, Laws of Utah 1999
19 53A-6-104, as repealed and reenacted by Chapter 108, Laws of Utah 1999
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 20A-14-201 is amended to read:
22 20A-14-201. Boards of education -- School board districts -- Creation --
23 Reapportionment.
24 (1) (a) The county legislative body, for local school districts whose boundaries encompass
25 more than a single municipality, and the municipal legislative body, for school districts contained

26 completely within a municipality, shall divide the local school district into local school board
27 districts as required under Subsection 20A-14-202 (1)(a).
28 (b) The county and municipal legislative bodies shall divide the school district so that the
29 local school board districts are substantially equal in population and are as contiguous and compact
30 as practicable.
31 (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
32 meet the population, compactness, and contiguity requirements of this section:
33 (i) at least once every ten years;
34 (ii) whenever a new district is created;
35 (iii) whenever districts are consolidated;
36 (iv) whenever a district loses more than 20% of the population of the entire school district
37 to another district;
38 (v) whenever a district loses more than 50% of the population of a local school board
39 district to another district; [and]
40 (vi) whenever a district receives new residents equal to at least 20% of the population of
41 the district at the time of the last reapportionment because of a transfer of territory from another
42 district[.]; and
43 (vii) whenever it is necessary to increase the membership of a board from five to seven
44 members as a result of changes in student membership under Section 20A-14-202 .
45 (b) If a school district receives territory containing less than 20% of the population of the
46 transferee district at the time of the last reapportionment, the local school board may assign the
47 new territory to one or more existing school board districts.
48 (3) (a) Reapportionment does not affect the right of any school board member to complete
49 the term for which the member was elected.
50 (b) (i) After reapportionment, representation in a local school board district shall be
51 determined as provided in Subsection (3).
52 (ii) If only one board member whose term extends beyond reapportionment lives within
53 a reapportioned local school board district, that board member shall represent that local school
54 board district.
55 (iii) (A) If two or more members whose terms extend beyond reapportionment live within
56 a reapportioned local school board district, the members involved shall select one member by lot

57 to represent the local school board district.
58 (B) The other members shall serve at-large for the remainder of their terms.
59 (C) The at-large board members shall serve in addition to the designated number of board
60 members for the board in question for the remainder of their terms.
61 (iv) If there is no board member living within a local school board district whose term
62 extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in this
63 part.
64 (4) (a) If, before an election affected by reapportionment, the county or municipal
65 legislative body that conducted the reapportionment determines that one or more members must
66 be elected to terms of two years to meet this part's requirements for staggered terms, the legislative
67 body shall determine by lot which of the reapportioned local school board districts will elect
68 members to two-year terms and which will elect members to four-year terms.
69 (b) All subsequent elections are for four-year terms.
70 Section 2. Section 20A-14-202 is amended to read:
71 20A-14-202. Local Boards of Education -- Membership -- When elected --
72 Qualifications -- Avoiding conflicts of interest.
73 [(1) (a) Unless otherwise required by this part, the Salt Lake City Board of Education shall
74 consist of seven members and the boards of education of all other local school districts shall
75 consist of five members.]
76 (1) (a) The board of education of a school district with a student population of up to 24,000
77 students shall consist of five members.
78 (b) The board of education of a school district with a student population of more than
79 24,000 students shall increase from five to seven members beginning with the 2002 regular general
80 election.
81 (c) Student population is based on the October 1 student count submitted by districts to
82 the State Office of Education.
83 (d) If the number of members of a local school board is required to change under
84 Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in Sections
85 20A-14-201 and 20A-14-203 .
86 (e) A school district which now has or increases to a seven-member board shall maintain
87 a seven-member board regardless of subsequent changes in student population.

88 [(b)] (f) (i) Members of a local board of education shall be elected at each regular general
89 election.
90 (ii) Except as provided in Subsection (1)[(b)](f)(iii), no more than three members of a
91 local board of education may be elected to a five-member board, nor more than four members
92 elected to a seven-member board, in any election year.
93 (iii) More than three members of a local board of education may be elected to a
94 five-member board and more than four members elected to a seven-member board in any election
95 year only when required by reapportionment or to fill a vacancy or to implement Subsection (1)(b).
96 [(c)] (g) One member of the local board of education shall be elected from each local
97 school board district.
98 (2) A member of a local school board shall:
99 (a) be and remain a registered voter in the local school board district from which the
100 member is elected or appointed; and
101 (b) maintain his primary residence within the local school board district from which the
102 member is elected or appointed.
103 (3) A member of a local school board may not, during the member's term in office, also
104 serve as an employee of that board.
105 Section 3. Section 53A-3-301 is amended to read:
106 53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
107 Compensation.
108 (1) A local school board shall appoint a district superintendent of schools who serves as
109 the board's chief executive officer.
110 (2) (a) The board shall appoint the superintendent on the basis of outstanding professional
111 qualifications.
112 [(2)] (b) The superintendent's term of office is for two years and until a successor is
113 appointed and qualified.
114 (3) If it becomes necessary to appoint an interim superintendent due to a vacancy in the
115 office of superintendent, then the board shall make an appointment during a public meeting for an
116 indefinite term not to exceed one year, which term shall end upon the appointment and
117 qualification of a new superintendent.
118 (4) (a) The superintendent shall hold an administrative/supervisory [certificate] license

119 issued by the State Board of Education except as otherwise provided in Subsection (4)(b)
120 (b) A local board of education may request, and the State Board of Education shall grant,
121 a letter of authorization permitting a person with outstanding professional qualifications to serve
122 as superintendent without holding an administrative/supervisory license if the district has a student
123 population of at least 15,000.
124 (5) The board shall set the superintendent's compensation for services.
125 (6) The superintendent qualifies for office by taking the constitutional oath of office.
126 Section 4. Section 53A-6-104 is amended to read:
127 53A-6-104. Board licensure.
128 (1) (a) The board may issue licenses for educators.
129 (b) (i) A person employed in a position that requires licensure by the board shall hold the
130 appropriate license.
131 (ii) The board shall issue a letter of authorization permitting a person to be employed as
132 a classroom teacher if requested by a local school board which has determined that:
133 (A) the person has outstanding professional qualifications; and
134 (B) employment of the person would permit the school district to better meet the
135 educational goals of students.
136 (2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish
137 the criteria for obtaining and retaining licenses.
138 (b) The board shall make rules requiring participation in professional development
139 activities in order for educators to retain their licenses.
140 (3) Unless suspended or revoked by the board, or surrendered by the educator, a license
141 is valid for the following period:
142 (a) a letter of authorization is valid for one year, or a shorter period as specified by the
143 board, subject to renewal by the board for a total of not more than four years of full-time
144 equivalent employment;
145 (b) a level 1 license is valid for three years, subject to renewal by the board for a total of
146 not more than six years;
147 (c) a level 2 license is valid for five years, subject to renewal by the board; and
148 (d) a level 3 license is valid for seven years, subject to renewal by the board.
149 Section 5. Effective date.

150 This act takes effect on July 1, 2000.