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H.B. 239

             1     

SCHOOL COMMUNITY COUNCIL AMENDMENTS

             2     
2007 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Ronda Rudd Menlove

             5     
Senate Sponsor: Howard A. Stephenson

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions regarding the membership and term of office of school
             10      community council members.
             11      Highlighted Provisions:
             12          This bill:
             13          .    expands eligibility for school community council membership; and
             14          .    allows schools, in consultation with local school boards, to set the beginning date of
             15      the term of office for school community council members.
             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 119, Laws of Utah 2006
             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) "At large member" means a person who:
             30          (i) is 18 years of age or older;
             31          (ii) resides within the boundaries of the school; and
             32          (iii) is not employed at the school.
             33          [(a)] (b) "Parent or guardian member" means a parent or guardian of a student who is
             34      attending the school or who will be enrolled at the school at any time during the parent's or
             35      guardian's initial term of office. "Parent or guardian member" may not include a person who
             36      meets the definition of a school employee member unless the person's employment at the
             37      school does not exceed an average of six hours per week.
             38          [(b)] (c) "School employee member" means a person employed at a school by the
             39      school or school district, including the principal.
             40          (2) Each public school, in consultation with its local school board, shall establish a
             41      school community council at the school building level.
             42          (3) (a) Each school community council shall:
             43          (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
             44          (ii) develop the School LAND Trust Program in accordance with Section
             45      53A-16-101.5 ;
             46          (iii) assist in the development and implementation of a staff professional development
             47      plan as provided by Section 53A-3-701 ;
             48          (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
             49          (v) advise and make recommendations to school and school district administrators and
             50      the local school board regarding the school and its programs, school district programs, and
             51      other issues relating to the community environment for students.
             52          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             53      for an elementary school shall develop a reading achievement plan in accordance with Section
             54      53A-1-606.5 .
             55          (4) (a) Each school community council shall consist of school employee members
             56      [and], parent or guardian members, and at large members in accordance with this section.
             57          (b) Except as provided in [Subsection] Subsections (4)(c) and (d):
             58          (i) each school community council for a high school shall have six parent or guardian


             59      members and five school employee members, including the principal; and
             60          (ii) each school community council for a school other than a high school shall have
             61      four parent or guardian members and three school employee members, including the principal.
             62          (c) (i) A school community council may have a larger membership provided that the
             63      number of parent or guardian members exceeds the number of school employee members.
             64          (ii) A school community council may have a smaller membership provided that:
             65          (A) the number of parent or guardian members exceeds the number of school employee
             66      members; and
             67          (B) there are at least two school employee members on the school community council.
             68          (d) In addition to the number of parent and guardian members and school employee
             69      members as provided in Subsection (4)(b) or (4)(c), a school community council may have one
             70      or more at large members provided that the number of school employee members and at large
             71      members combined does not exceed the number of parent and guardian members.
             72          (5) (a) Each school employee member, except the principal, shall be elected by a
             73      majority vote of the school employees and [serves] serve a two-year term [beginning July 1].
             74      The principal shall serve as an ex officio member with full voting privileges.
             75          (b) (i) Each parent or guardian member and each at large member shall be elected at an
             76      election held at the school by a majority vote of those voting at the election and [serves] serve a
             77      two-year term [beginning July 1].
             78          (ii) Only parents or guardians of students attending the school may vote at the election
             79      under Subsection (5)(b)(i).
             80          (iii) Any person running for the position of parent or guardian [of a student who meets
             81      the qualifications of this section] member or at large member may file or declare himself as a
             82      candidate for election to a school community council.
             83          (c) Written notice of the elections held under Subsections (5)(a) and (5)(b) shall be
             84      given at least two weeks prior to the elections.
             85          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             86      available to the public upon request.
             87          (e) (i) If a parent or guardian position on a school community council remains unfilled
             88      after an election is held, the other parent or guardian members of the council shall appoint a
             89      parent or guardian who meets the qualifications of this section to fill the position.


             90          (ii) If a school employee position on a school community council remains unfilled after
             91      an election is held, the other school employee members of the council shall appoint a school
             92      employee to fill the position.
             93          (iii) If an at large position on a school community council remains unfilled after an
             94      election is held, the incoming council shall appoint a person who meets the qualifications of an
             95      at large member as provided in Subsection (1).
             96          [(iii)] (iv) The chair of the community council shall notify the local school board of
             97      each appointment made pursuant to Subsection (5)(e)(i) [or], (ii), or (iii).
             98          [(iv)] (v) A member appointed to a school community council pursuant to Subsection
             99      (5)(e)(i) [or], (ii), or (iii) shall serve a two-year term [beginning July 1].
             100          (f) Initial terms shall be staggered so that no more than 50% of the council members
             101      stand for election in any one year.
             102          (g) (i) Each public school, in consultation with its local school board, shall set the
             103      beginning date of the term of office for school community council members.
             104          (ii) Council members may serve up to three successive terms.
             105          (h) (i) Each school community council shall elect a chair and vice chair from its parent
             106      or guardian members, at large members, and elected employee members.
             107          (ii) No more than one parent or guardian member or elected employee member may at
             108      the same time serve as an officer specified in Subsection (5)(h)(i).
             109          (6) (a) A school community council may create subcommittees or task forces to:
             110          (i) advise or make recommendations to the council; or
             111          (ii) develop all or part of a plan listed in Subsection (3).
             112          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             113      subject to the approval of the school community council.
             114          (c) A school community council may appoint individuals who are not council members
             115      to serve on a subcommittee or task force, including parents, school employees, or other
             116      community members.





Legislative Review Note
    as of 1-9-07 9:53 AM


Office of Legislative Research and General Counsel


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