! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines for remote public comment

Download Zipped Enrolled WordPerfect HB0189.ZIP
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

H.B. 189 Enrolled

             1     

SCHOOL COMMUNITY COUNCILS

             2     
2008 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Ron Bigelow

             5     
Senate Sponsor: Lyle W. Hillyard

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions relating to the State System of Public Education by
             10      requiring a school community council to provide certain information to school
             11      households.
             12      Highlighted Provisions:
             13          This bill:
             14          .    requires a school community council to provide the following information to each
             15      household that has a student attending the school:
             16              .    a school community council meeting schedule for the year;
             17              .    a mid-year action and activity report; and
             18              .    an end-of-year report, including how the school's School LAND Trust Program
             19      monies were used;
             20          .    specifies delivery methods for the information; and
             21          .    makes technical corrections.
             22      Monies Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          This bill takes effect on July 1, 2008.
             26      Utah Code Sections Affected:
             27      AMENDS:
             28          53A-1a-108, as last amended by Laws of Utah 2006, Chapter 119
             29          53A-16-101.5, as last amended by Laws of Utah 2005, Chapter 166


             30     
             31      Be it enacted by the Legislature of the state of Utah:
             32          Section 1. Section 53A-1a-108 is amended to read:
             33           53A-1a-108. School community councils authorized -- Duties -- Composition --
             34      Selection of members.
             35          (1) As used in this section:
             36          (a) "Parent or guardian member" means a parent or guardian of a student who is
             37      attending the school or who will be enrolled at the school at any time during the parent's or
             38      guardian's initial term of office. "Parent or guardian member" may not include a person who
             39      meets the definition of a school employee member unless the person's employment at the school
             40      does not exceed an average of six hours per week.
             41          (b) "School employee member" means a person employed at a school by the school or
             42      school district, including the principal.
             43          (2) Each public school, in consultation with its local school board, shall establish a
             44      school community council at the school building level.
             45          (3) (a) Each school community council shall:
             46          (i) develop a school improvement plan in accordance with Section 53A-1a-108.5 ;
             47          (ii) develop the School LAND Trust Program in accordance with Section
             48      53A-16-101.5 ;
             49          (iii) assist in the development and implementation of a staff professional development
             50      plan as provided by Section 53A-3-701 ;
             51          (iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and
             52          (v) advise and make recommendations to school and school district administrators and
             53      the local school board regarding the school and its programs, school district programs, and
             54      other issues relating to the community environment for students.
             55          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             56      for an elementary school shall develop a reading achievement plan in accordance with Section
             57      53A-1-606.5 .


             58          (4) (a) Each school community council shall consist of school employee members and
             59      parent or guardian members in accordance with this section.
             60          (b) Except as provided in Subsection (4)(c):
             61          (i) each school community council for a high school shall have six parent or guardian
             62      members and five school employee members, including the principal; and
             63          (ii) each school community council for a school other than a high school shall have four
             64      parent or guardian members and three school employee members, including the principal.
             65          (c) (i) A school community council may have a larger membership provided that the
             66      number of parent or guardian members exceeds the number of school employee members.
             67          (ii) A school community council may have a smaller membership provided that:
             68          (A) the number of parent or guardian members exceeds the number of school employee
             69      members; and
             70          (B) there are at least two school employee members on the school community council.
             71          (5) (a) Each school employee member, except the principal, shall be elected by a
             72      majority vote of the school employees and serves a two-year term beginning July 1. The
             73      principal shall serve as an ex officio member with full voting privileges.
             74          (b) (i) Each parent or guardian member shall be elected at an election held at the school
             75      by a majority vote of those voting at the election and serves a two-year term beginning July 1.
             76          (ii) Only parents or guardians of students attending the school may vote at the election
             77      under Subsection (5)(b)(i).
             78          (iii) Any parent or guardian of a student who meets the qualifications of this section
             79      may file or declare himself as a candidate for election to a school community council.
             80          (c) Written notice of the elections held under Subsections (5)(a) and (5)(b) shall be
             81      given at least two weeks prior to the elections.
             82          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             83      available to the public upon request.
             84          (e) (i) If a parent or guardian position on a school community council remains unfilled
             85      after an election is held, the other parent or guardian members of the council shall appoint a


             86      parent or guardian who meets the qualifications of this section to fill the position.
             87          (ii) If a school employee position on a school community council remains unfilled after
             88      an election is held, the other school employee members of the council shall appoint a school
             89      employee to fill the position.
             90          (iii) The chair of the community council shall notify the local school board of each
             91      appointment made pursuant to Subsection (5)(e)(i) or (ii).
             92          (iv) A member appointed to a school community council pursuant to Subsection
             93      (5)(e)(i) or (ii) shall serve a two-year term beginning July 1.
             94          (f) Initial terms shall be staggered so that no more than 50% of the council members
             95      stand for election in any one year.
             96          (g) Council members may serve up to three successive terms.
             97          (h) (i) Each school community council shall elect a chair and vice chair from its parent
             98      or guardian members and elected employee members.
             99          (ii) No more than one parent or guardian member or elected employee member may at
             100      the same time serve as an officer specified in Subsection (5)(h)(i).
             101          (6) (a) A school community council may create subcommittees or task forces to:
             102          (i) advise or make recommendations to the council; or
             103          (ii) develop all or part of a plan listed in Subsection (3).
             104          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             105      subject to the approval of the school community council.
             106          (c) A school community council may appoint individuals who are not council members
             107      to serve on a subcommittee or task force, including parents, school employees, or other
             108      community members.
             109          (7) (a) A school community council shall provide the following information:
             110          (i) the proposed school community council meeting schedule for the year, provided
             111      during the first two weeks of the school year;
             112          (ii) a summary of the school community council's actions and activities during the first
             113      half of the school year information, provided at the mid-point of the school year; and


             114          (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
             115      school's School LAND Trust Program monies were used to enhance or improve academic
             116      excellence at the school and implement a component of the school's improvement plan, provided
             117      at the beginning of the next school year.
             118          (b) The school community council shall provide the information described in Subsection
             119      (7)(a) by:
             120          (i) posting the information on the school's website; and
             121          (ii) providing individual delivery to each household that has a student attending the
             122      school by:
             123          (A) mailing the information;
             124          (B) delivering a voice message describing the information and explaining where to
             125      obtain the full information;
             126          (C) sending an e-mail message containing the information;
             127          (D) providing the information in a packet that is to be delivered to a student's parent or
             128      guardian:
             129          (I) during the school's annual registration period; or
             130          (II) with the student's report card; or
             131          (E) using a combination of the methods described in Subsections (7)(b)(ii)(A) through
             132      (D).
             133          (8) A school community council shall, at least one week prior to a meeting, post the
             134      following information on the school's website:
             135          (a) notice of the meeting date, time, and place;
             136          (b) an agenda for the meeting; and
             137          (c) a summary of the previous meeting.
             138          Section 2. Section 53A-16-101.5 is amended to read:
             139           53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --
             140      School plans for use of funds.
             141          (1) There is established the School LAND (Learning And Nurturing Development)


             142      Trust Program for the state's public schools to provide financial resources to enhance or
             143      improve student academic achievement and implement a component of the school improvement
             144      plan.
             145          (2) (a) The program shall be funded each fiscal year:
             146          (i) from the Interest and Dividends Account created in Section 53A-16-101 ; and
             147          (ii) in the amount of the sum of the following:
             148          (A) the interest and dividends from the investment of monies in the permanent State
             149      School Fund deposited to the Interest and Dividends Account in the immediately preceding
             150      year; and
             151          (B) interest accrued on monies in the Interest and Dividends Account in the
             152      immediately preceding fiscal year.
             153          (b) On and after July 1, 2003, the program shall be funded as provided in Subsection
             154      (2)(a) up to a maximum of an amount equal to 2% of the funds provided for the Minimum
             155      School Program, pursuant to Title 53A, Chapter 17a, Minimum School Program Act, each
             156      fiscal year.
             157          (c) The Legislature shall annually allocate, through an appropriation to the State Board
             158      of Education, a portion of School LAND Trust Program monies for the administration of the
             159      program.
             160          (3) (a) The State Board of Education shall allocate the monies referred to in Subsection
             161      (2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as
             162      follows:
             163          (i) school districts shall receive 10% of the funds on an equal basis; and
             164          (ii) the remaining 90% of the funds shall be distributed on a per student basis, with each
             165      district receiving its allocation based on the number of students in the district as compared to
             166      the state total.
             167          (b) Each school district shall distribute its allocation under Subsection (3)(a) to each
             168      school within the district on an equal per student basis.
             169          (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the


             170      board may make rules regarding the time and manner in which the student count shall be made
             171      for allocation of the monies.
             172          (4) Except as provided in Subsection (7), in order to receive its allocation under
             173      Subsection (3), a school shall have established a school community council under Section
             174      53A-1a-108 .
             175          (5) (a) The school community council or its subcommittee shall develop a program to
             176      use its allocation under Subsection (3) to implement a component of the school's improvement
             177      plan, including:
             178          (i) the school's identified most critical academic needs;
             179          (ii) a recommended course of action to meet the identified academic needs;
             180          (iii) a specific listing of any programs, practices, materials, or equipment which the
             181      school will need to implement a component of its school improvement plan to have a direct
             182      impact on the instruction of students and result in measurable increased student performance;
             183      and
             184          (iv) how the school intends to spend its allocation of funds under this section to
             185      enhance or improve academic excellence at the school.
             186          (b) The school may develop a multiyear program, but the program shall be presented
             187      and approved by the school community council and the local school board of the district in
             188      which the school is located annually and as a prerequisite to receiving program funds allocated
             189      under this section.
             190          (6) (a) Each school shall:
             191          (i) implement the program as approved by the school community council and approved
             192      by the local school board;
             193          (ii) provide ongoing support for the council's or its subcommittee's program; and
             194          (iii) meet school board reporting requirements regarding financial and performance
             195      accountability of the program[; and].
             196          [(iv) publicize to its patrons and the general public on how the funds it received under
             197      this section were used to enhance or improve academic excellence at the school and implement


             198      a component of the school's improvement plan, including the results of those efforts.]
             199          (b) (i) Each school through its council or its subcommittee shall prepare and present an
             200      annual report of the program to its local school board at the end of the school year.
             201          (ii) The report shall detail the use of program funds received by the school under this
             202      section and an assessment of the results obtained from the use of the funds.
             203          (iii) A summary of the report shall be sent to households in accordance with the
             204      provisions under Subsection 53A-1a-108 (7).
             205          (7) (a) The governing board of a charter school shall prepare a plan for the use of
             206      school trust monies that includes the elements listed in Subsection (5).
             207          (b) The plan shall be subject to approval by the entity that authorized the establishment
             208      of the charter school.
             209          (8) (a) A school community council and a governing board of a charter school may not
             210      be required to:
             211          (i) send a letter to legislators or other elected officials on the school's use of School
             212      LAND Trust Program monies as a condition of receiving the monies; or
             213          (ii) report to the State Board of Education or any local school board on whether any
             214      letters were sent to legislators or other elected officials on the school's use of School LAND
             215      Trust Program monies.
             216          (b) Subsection (8)(a)(i) does not apply to the annual report to the local school board
             217      required by Subsection (6)(b).
             218          Section 3. Effective date.
             219          This bill takes effect on July 1, 2008.


[Bill Documents][Bills Directory]