H.B. 99

1

SCHOOL COMMUNITY COUNCILS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Julie Fisher
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the membership of school community councils.
10 Highlighted Provisions:
11 This bill:
12 . provides that one of the parent or guardian members of a school community council
13 shall be the president of the school's parent-teacher group or the president's
14 designee, who shall be an elected officer of the parent-teacher group, if the school
15 has a parent-teacher group.
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 Chapter 324, Laws of Utah 2002
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) "booster club" means an entity that:
30 (i) is organized and operated to benefit school functions; and
31 (ii) has a narrow or one-dimensional focus, such as supporting sports, a band, or other
32 extra-curricular activity;
33 (b) "parent-teacher group" means a nonprofit entity that:
34 (i) is organized to operate for the benefit and support of an individual school;
35 (ii) has a defined organizational structure, purpose, and goals;
36 (iii) provides programs within a school that promote the education, health, and safety
37 of children; and
38 (iv) is authorized to operate within a public school by the governing authority of the
39 school; and
40 (c) "parent-teacher group" does not include a booster club.
41 [(1)] (2) Each public school, in consultation with its local school board, shall establish
42 a school community council at the school building level.
43 [(2)] (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 [(2)] (3)(a), a school community
54 council for an elementary school shall develop a reading achievement plan in accordance with
55 Section 53A-1-606.5 .
56 [(3)] (4) (a) (i) Each school community council shall consist of school employees,
57 including the school's principal, and parents or guardians of students who are attending the
58 school, except for parents or guardians who are employed at the school.

59 (ii) One of the parent or guardian members of a school community council shall be the
60 president of the school's parent-teacher group or the president's designee, who shall be an
61 elected officer of the school's parent-teacher group, if the school has a parent-teacher group.
62 (b) Except as provided in Subsection [(3)] (4)(c):
63 (i) each school community council for a high school shall have six parent or guardian
64 members, including the parent-teacher group representative specified in Subsection (4)(a)(ii),
65 and five employee members, including the principal; and
66 (ii) each school community council for a school other than a high school shall have
67 four parent or guardian members, including the parent-teacher group representative specified in
68 Subsection (4)(a)(ii), and three employee members, including the principal.
69 (c) (i) A school community council may have a larger membership provided that the
70 number of parent and guardian members exceeds the number of employee members.
71 (ii) A school community council may have a smaller membership provided that:
72 (A) the number of parent and guardian members exceeds the number of employee
73 members; and
74 (B) there are at least two employee members on the school community council.
75 [(4)] (5) (a) Each employee member, except the principal, shall be elected by a
76 majority vote of the employees and serves a two-year term beginning July 1. The principal
77 shall serve as an ex officio member with full voting privileges.
78 (b) (i) (A) Each parent or guardian member, except the parent-teacher group
79 representative specified in Subsection (4)(a)(ii), shall be elected at an election held at the
80 school by a majority vote of those voting at the election and serves a two-year term beginning
81 July 1.
82 (B) The parent-teacher group representative specified in Subsection (4)(a)(ii) shall
83 serve as an ex officio member with full voting privileges.
84 (ii) Only parents or guardians of students attending the school may vote at the election
85 under Subsection [(4)] (5)(b)(i).
86 (iii) A parent or guardian of a student qualifies to be a candidate for election to a
87 school community council if at any time during the parent's or guardian's initial term of office,
88 the student will be enrolled at the school.
89 (iv) Any parent or guardian of a student who meets the qualifications of this section

90 may file or declare himself as a candidate for election to a school community council.
91 (c) Written notice of the elections held under Subsections [(4)] (5)(a) and [(4)] (5)(b)
92 shall be given at least two weeks prior to the elections.
93 (d) Results of the elections held under Subsections [(4)] (5)(a) and [(4)] (5)(b) shall be
94 made available to the public upon request.
95 (e) (i) If a parent or guardian position on a school community council remains unfilled
96 after an election is held, the other parent and guardian members of the council shall appoint a
97 parent or guardian who meets the qualifications of this section to fill the position.
98 (ii) If an employee position on a school community council remains unfilled after an
99 election is held, the other employee members of the council shall appoint an employee to fill
100 the position.
101 (iii) The chair of the community council shall notify the local school board of each
102 appointment made pursuant to [Subsections (4)] Subsection (5)(e)(i) or (ii).
103 (iv) A member appointed to a school community council pursuant to Subsection [(4)]
104 (5)(e)(i) or (ii) shall serve a two-year term beginning July 1.
105 (f) Initial terms shall be staggered so that no more than 50% of the council members
106 stand for election in any one year.
107 (g) 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 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 [(4)] (5)(h)(i).
112 [(5)] (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 (2).
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 1-10-06 10:34 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel