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H.B. 29 Enrolled

             1     

SCHOOL DISTRICT DIVISION AMENDMENTS

             2     
2010 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Laura Black

             5     
Senate Sponsor: Howard A. Stephenson

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies procedures for establishing a new school district following voter
             10      approval of the proposal.
             11      Highlighted Provisions:
             12          This bill:
             13          .    requires the election, at the next general election following voter approval of the
             14      proposal to create a new school district, of:
             15              .    the school board members for the existing school district whose terms are
             16      expiring;
             17              .    all members to the school board of the new school district; and
             18              .    all members to the school board of the remaining school district;
             19          .    modifies the effective date for the new school district;
             20          .    modifies certain provisions relating to the allocation of school district property; and
             21          .    makes technical corrections.
             22      Monies Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          None
             26      Utah Code Sections Affected:
             27      AMENDS:
             28          53A-2-118, as last amended by Laws of Utah 2009, Chapter 350
             29          53A-2-118.1, as last amended by Laws of Utah 2009, Chapter 350


             30          53A-2-119, as last amended by Laws of Utah 2007, Chapter 215
             31     
             32      Be it enacted by the Legislature of the state of Utah:
             33          Section 1. Section 53A-2-118 is amended to read:
             34           53A-2-118. Creation of new school district -- Initiation of process -- Procedures
             35      to be followed.
             36          (1) A new school district may be created from one or more existing school districts, as
             37      provided in this section.
             38          (2) (a) The process to create a new school district may be initiated:
             39          (i) through a citizens' initiative petition;
             40          (ii) at the request of the board of the existing district or districts to be affected by the
             41      creation of the new district; or
             42          (iii) at the request of a city within the boundaries of the school district or at the request
             43      of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
             44          (b) (i) Each petition submitted under Subsection (2)(a)(i) shall be signed by qualified
             45      electors residing within the geographical boundaries of the proposed new school district equal
             46      in number to at least 15% of the number of electors in the area who voted for the office of
             47      governor at the last regular general election.
             48          (ii) Each request or petition submitted under Subsection (2)(a) shall:
             49          (A) be filed with the clerk of each county in which any part of the proposed new
             50      school district is located;
             51          (B) indicate the typed or printed name and current residence address of each
             52      governing board member making a request, or registered voter signing a petition, as the case
             53      may be;
             54          (C) describe the proposed new school district boundaries; and
             55          (D) designate up to five signers of the petition or request as sponsors, one of whom
             56      shall be designated as the contact sponsor, with the mailing address and telephone number of
             57      each.


             58          (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
             59      reinstate the signer's signature at any time before the filing of the petition by filing a written
             60      withdrawal or reinstatement with the county clerk.
             61          (d) The process under Subsection (2)(a)(i) may only be initiated once during any
             62      four-year period.
             63          (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
             64      population of the proposed new district is less than 3,000 or the existing district's student
             65      population would be less than 3,000 because of the creation of the new school district.
             66          (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five
             67      business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
             68      county with which a request or petition is filed shall:
             69          (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
             70      and (e), as applicable; and
             71          (ii) (A) if the county clerk determines that the request or petition complies with the
             72      applicable requirements:
             73          (I) certify the request or petition and deliver the certified request or petition to the
             74      county legislative body; and
             75          (II) mail or deliver written notification of the certification to the contact sponsor; or
             76          (B) if the county clerk determines that the request or petition fails to comply with any
             77      of the applicable requirements, reject the request or petition and notify the contact sponsor in
             78      writing of the rejection and reasons for the rejection.
             79          (g) If the county clerk fails to certify or reject a request or petition within the time
             80      specified in Subsection (2)(f), the request or petition shall be considered to be certified.
             81          (h) (i) If the county clerk rejects a request or petition, the request or petition may be
             82      amended to correct the deficiencies for which it was rejected and then refiled.
             83          (ii) Subsection (2)(d) does not apply to a request or petition that is amended and
             84      refiled after having been rejected by a county clerk.
             85          (i) If a county legislative body receives a request from a school board under


             86      Subsection (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county
             87      clerk on or before December 1:
             88          (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
             89      by Subsection (3), on or before January 1;
             90          (ii) the ad hoc advisory committee shall submit its report and recommendations to the
             91      county legislative body, as provided by Subsection (3), on or before July 1; and
             92          (iii) if the legislative body of each county with which a request or petition is filed
             93      approves a proposal to create a new district, the proposal shall be submitted to the respective
             94      county clerk to be voted on by the electors of each existing district at the regular general or
             95      municipal general election held in November.
             96          (3) (a) The legislative body of each county with which a request or petition is filed
             97      shall appoint an ad hoc advisory committee to review and make recommendations on a request
             98      for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
             99          (b) The advisory committee shall:
             100          (i) seek input from:
             101          (A) those requesting the creation of the new school district;
             102          (B) the school board and school personnel of each existing school district;
             103          (C) those citizens residing within the geographical boundaries of each existing school
             104      district;
             105          (D) the State Board of Education; and
             106          (E) other interested parties;
             107          (ii) review data and gather information on at least:
             108          (A) the financial viability of the proposed new school district;
             109          (B) the proposal's financial impact on each existing school district;
             110          (C) the exact placement of school district boundaries; and
             111          (D) the positive and negative effects of creating a new school district and whether the
             112      positive effects outweigh the negative if a new school district were to be created; and
             113          (iii) make a report to the county legislative body in a public meeting on the


             114      committee's activities, together with a recommendation on whether to create a new school
             115      district.
             116          (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
             117          (a) The county legislative body shall provide for a 45-day public comment period on
             118      the report and recommendation to begin on the day the report is given under Subsection
             119      (3)(b)(iii).
             120          (b) Within 14 days after the end of the comment period, the legislative body of each
             121      county with which a request or petition is filed shall vote on the creation of the proposed new
             122      school district.
             123          (c) The proposal is approved if a majority of the members of the legislative body of
             124      each county with which a request or petition is filed votes in favor of the proposal.
             125          (d) If the proposal is approved, the legislative body of each county with which a
             126      request or petition is filed shall submit the proposal to the county clerk to be voted on:
             127          (i) by the legal voters of each existing school district;
             128          (ii) in accordance with the procedures and requirements applicable to a regular general
             129      election under Title 20A, Election Code; and
             130          (iii) at the next regular general election or municipal general election, whichever is
             131      first.
             132          (e) Creation of the new school district shall occur if a majority of the electors within
             133      both the proposed school district and each remaining school district voting on the proposal
             134      vote in favor of the creation of the new district.
             135          (f) Each county legislative body shall comply with the requirements of Section
             136      53A-2-101.5 .
             137          (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
             138      approved by the electors, the existing district's documented costs to study and implement the
             139      proposal shall be reimbursed by the new district.
             140          (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under
             141      Subsection (2)(f) or (g), the legislative body of each county in which part of the proposed new


             142      school district is located shall submit the proposal to the respective clerk of each county to be
             143      voted on:
             144          (i) by the legal voters residing within the proposed new school district boundaries;
             145          (ii) in accordance with the procedures and requirements applicable to a regular general
             146      election under Title 20A, Election Code; and
             147          (iii) at the next regular general election or municipal general election, whichever is
             148      first.
             149          (b) (i) If a majority of the legal voters within the proposed new school district
             150      boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
             151      creation of the new district:
             152          (A) each county legislative body shall comply with the requirements of Section
             153      53A-2-101.5 ; and
             154          (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
             155      the new district is created.
             156          (ii) Notwithstanding the creation of a new district as provided in Subsection
             157      (5)(b)(i)(B):
             158          (A) a new school district may not begin to provide educational services to the area
             159      within the new district until July 1 of the second calendar year following the [creation] school
             160      board general election date described in Subsection 53A-2-118.1 (3)(a)(i);
             161          (B) a remaining district may not begin to provide educational services to the area
             162      within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
             163          (C) each existing district shall continue, until the time specified in Subsection
             164      (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
             165      district.
             166          Section 2. Section 53A-2-118.1 is amended to read:
             167           53A-2-118.1. Option for school district creation.
             168          (1) (a) After conducting a feasibility study, a city with a population of at least 50,000,
             169      as determined by the lieutenant governor using the process described in Subsection


             170      67-1a-2 (3), may by majority vote of the legislative body, submit for voter approval a measure
             171      to create a new school district with boundaries contiguous with that city's boundaries, in
             172      accordance with Section 53A-2-118 .
             173          (b) (i) The determination of all matters relating to the scope, adequacy, and other
             174      aspects of a feasibility study under Subsection (1)(a) is within the exclusive discretion of the
             175      city's legislative body.
             176          (ii) An inadequacy of a feasibility study under Subsection (1)(a) may not be the basis
             177      of a legal action or other challenge to:
             178          (A) an election for voter approval of the creation of a new school district; or
             179          (B) the creation of the new school district.
             180          (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
             181      may, together with one or more other cities, towns, or the county enter into an interlocal
             182      agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the
             183      purpose of submitting for voter approval a measure to create a new school district.
             184          (b) (i) In accordance with Section 53A-2-118 , interlocal agreement participants under
             185      Subsection (2)(a) may submit a proposal for voter approval if:
             186          (A) the interlocal agreement participants conduct a feasibility study prior to
             187      submitting the proposal to the county;
             188          (B) the combined population within the proposed new school district boundaries is at
             189      least 50,000;
             190          (C) the new school district boundaries:
             191          (I) are contiguous;
             192          (II) do not completely surround or otherwise completely geographically isolate a
             193      portion of an existing school district that is not part of the proposed new school district from
             194      the remaining part of that existing school district, except as provided in Subsection (2)(d)(iii);
             195          (III) include the entire boundaries of each participant city or town, except as provided
             196      in Subsection (2)(d)(ii); and
             197          (IV) subject to Subsection (2)(b)(ii), do not cross county lines; and


             198          (D) the combined population within the proposed new school district of interlocal
             199      agreement participants that have entered into an interlocal agreement proposing to create a
             200      new school district is at least 80% of the total population of the proposed new school district.
             201          (ii) The determination of all matters relating to the scope, adequacy, and other aspects
             202      of a feasibility study under Subsection (2)(b)(i)(A), including whether to conduct a new
             203      feasibility study or revise a previous feasibility study due to a change in the proposed new
             204      school district boundaries, is within the exclusive discretion of the legislative bodies of the
             205      interlocal agreement participants that enter into an interlocal agreement to submit for voter
             206      approval a measure to create a new school district.
             207          (iii) An inadequacy of a feasibility study under Subsection (2)(b)(i)(A) may not be the
             208      basis of a legal action or other challenge to:
             209          (A) an election for voter approval of the creation of a new school district; or
             210          (B) the creation of the new school district.
             211          (iv) For purposes of determining whether the boundaries of a proposed new school
             212      district cross county lines under Subsection (2)(b)(i)(C)(IV):
             213          (A) a municipality located in more than one county and entirely within the boundaries
             214      of a single school district is considered to be entirely within the same county as other
             215      participants in an interlocal agreement under Subsection (2)(a) if more of the municipality's
             216      land area and population is located in that same county than outside the county; and
             217          (B) a municipality located in more than one county that participates in an interlocal
             218      agreement under Subsection (2)(a) with respect to some but not all of the area within the
             219      municipality's boundaries on the basis of the exception stated in Subsection (2)(d)(ii)(B) may
             220      not be considered to cross county lines.
             221          (c) (i) A county may only participate in an interlocal agreement under this Subsection
             222      (2) for the unincorporated areas of the county.
             223          (ii) Boundaries of a new school district created under this section may include:
             224          (A) a portion of one or more existing school districts; and
             225          (B) a portion of the unincorporated area of a county, including a portion of a


             226      township.
             227          (d) (i) As used in this Subsection (2)(d):
             228          (A) "Isolated area" means an area that:
             229          (I) is entirely within the boundaries of a municipality that, except for that area, is
             230      entirely within a school district different than the school district in which the area is located;
             231      and
             232          (II) would, because of the creation of a new school district from the existing district in
             233      which the area is located, become completely geographically isolated.
             234          (B) "Municipality's school district" means the school district that includes all of the
             235      municipality in which the isolated area is located except the isolated area.
             236          (ii) Notwithstanding Subsection (2)(b)(i)(C)(III), a municipality may be a participant
             237      in an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
             238      within the municipality's boundaries if:
             239          (A) the portion of the municipality proposed to be included in the new school district
             240      would, if not included, become an isolated area upon the creation of the new school district; or
             241          (B) (I) the portion of the municipality proposed to be included in the new school
             242      district is within the boundaries of the same school district that includes the other interlocal
             243      agreement participants; and
             244          (II) the portion of the municipality proposed to be excluded from the new school
             245      district is within the boundaries of a school district other than the school district that includes
             246      the other interlocal agreement participants.
             247          (iii) (A) Notwithstanding Subsection (2)(b)(i)(C)(II), a proposal to create a new school
             248      district may be submitted for voter approval pursuant to an interlocal agreement under
             249      Subsection (2)(a), even though the new school district boundaries would create an isolated
             250      area, if:
             251          (I) the potential isolated area is contiguous to one or more of the interlocal agreement
             252      participants;
             253          (II) the interlocal participants submit a written request to the municipality in which the


             254      potential isolated area is located, requesting the municipality to enter into an interlocal
             255      agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
             256      create a new school district that includes the potential isolated area; and
             257          (III) 90 days after a request under Subsection (2)(d)(iii)(A)(II) is submitted, the
             258      municipality has not entered into an interlocal agreement as requested in the request.
             259          (B) Each municipality receiving a request under Subsection (2)(d)(iii)(A)(II) shall hold
             260      one or more public hearings to allow input from the public and affected school districts
             261      regarding whether or not the municipality should enter into an interlocal agreement with
             262      respect to the potential isolated area.
             263          (C) (I) This Subsection (2)(d)(iii)(C) applies if:
             264          (Aa) a new school district is created under this section after a measure is submitted to
             265      voters based on the authority of Subsection (2)(d)(iii)(A); and
             266          (Bb) the creation of the new school district results in an isolated area.
             267          (II) The isolated area shall, on July 1 of the second calendar year following the
             268      [creation] school board general election date described in Subsection (3)(a)(i), become part of
             269      the municipality's school district.
             270          (III) Unless the isolated area is the only remaining part of the existing district, the
             271      process described in Subsection (4) shall be modified to:
             272          (Aa) include a third transition team, appointed by the school district board of the
             273      municipality's school district, to represent that school district;
             274          (Bb) require allocation of the existing district's property among the new district, the
             275      remaining district, and the municipality's school district;
             276          (Cc) require each of the three transition teams to appoint one member to the
             277      three-member arbitration panel, if an arbitration panel is established; and
             278          (Dd) require the municipality's school district to bear 1/3 of the costs of arbitration.
             279          (IV) The existing district shall continue to provide educational services to the isolated
             280      area until July 1 of the second calendar year following the [creation] school board general
             281      election date described in Subsection (3)(a)(i).


             282          (3) (a) If a proposal under this section is approved by voters:
             283          [(i) (A) subject to Subsection (3)(e):]
             284          [(I) each member of the board of the existing district who resides within the boundary
             285      of the new school district shall serve as an initial member of the new district board; and]
             286          [(II) each member of the board of the existing district who resides within the boundary
             287      of the remaining school district shall serve as an initial member of the remaining district
             288      board; and]
             289          [(B)] (i) an election shall be held [on the June special election date, as provided in
             290      Section 20A-1-204 , in the year following the creation election date,] at the next regular general
             291      election to elect:
             292          (A) members to the board of the existing school district whose terms are expiring;
             293          [(I) all other] (B) all members to the board of the new school district; and
             294          [(II) all other] (C) all members to the board of the remaining district;
             295          (ii) school district property shall be divided between the existing school district and
             296      the new school district as provided in Subsection (4);
             297          (iii) transferred employees shall be treated in accordance with Sections 53A-2-116 and
             298      53A-2-122 ;
             299          (iv) (A) an individual residing within the boundaries of a new school district at the
             300      time the new school district is created may, for six school years after the creation of the new
             301      school district, elect to enroll in a secondary school located outside the boundaries of the new
             302      school district if:
             303          (I) the individual resides within the boundaries of that secondary school as of the day
             304      before the new school district is created; and
             305          (II) the individual would have been eligible to enroll in that secondary school had the
             306      new school district not been created; and
             307          (B) the school district in which the secondary school is located shall provide
             308      educational services, including, if provided before the creation of the new school district,
             309      busing, to each individual making an election under Subsection (3)(a)(iv)(A) for each school


             310      year for which the individual makes the election; and
             311          (v) within one year after the new district begins providing educational services, the
             312      superintendent of each remaining district affected and the superintendent of the new district
             313      shall meet, together with the Superintendent of Public Instruction, to determine if further
             314      boundary changes should be proposed in accordance with Section 53A-2-104 .
             315          [(b) Each member of a school district board of a new district and remaining district
             316      under Subsection (3)(a)(i) shall take office on July 15 immediately following the election
             317      under Subsection (3)(a)(i)(B).]
             318          [(c)] (b) (i) [Subject to Subsection (3)(c)(ii), the] The terms of the initial members of
             319      the school district board of the new district and remaining district shall be staggered and
             320      adjusted by the county legislative body so that[:] approximately half of the board is elected
             321      every two years.
             322          [(A) the school district board members' successors are elected at a future regular
             323      general election; and]
             324          [(B) the terms of their successors coincide with the schedule of terms for school
             325      district board members established in Section 20A-14-202 .]
             326          (ii) [(A)] The term of a member of the existing school board, including a member
             327      elected under Subsection (3)(a)(i)(A), [may not be less than 17 months. (B) In order to
             328      comply with the requirements of Subsection (3)(c)(i), the term of a member elected to a school
             329      district board at an election under Subsection (3)(a)(i)(B) held in an even-numbered year may
             330      exceed four years but may not exceed five years. (d) (i) The term of each member of the
             331      school district board of the existing district] terminates on July 1 of the second year after the
             332      [creation] school board general election date described in Subsection (3)(a)(i), regardless of
             333      when the term would otherwise have terminated.
             334          [(ii)] (iii) Notwithstanding the existence of a board for the new district and a board for
             335      the remaining district under Subsection (3)(a)(i), the board of the existing district shall
             336      continue, until the time specified in Subsection 53A-2-118 (5)(b)(ii)(A), to function and
             337      exercise authority as a board to the extent necessary to continue to provide educational


             338      services to the entire existing district.
             339          [(iii)] (iv) A person may simultaneously serve as or be elected to be a member of the
             340      board of an existing district and a member of the board of:
             341          (A) a new district; or
             342          (B) a remaining district.
             343          [(e) If two or more members of an existing school district board reside within the same
             344      local school board district, as established by the county legislative body under Section
             345      20A-14-201 , of the new district or remaining district:]
             346          [(i) those board members shall stand for election at the same election at which the
             347      other board members are elected under Subsection (3)(a)(i)(B); and]
             348          [(ii) the board member receiving the highest number of votes is elected to the board of
             349      the new district or remaining district, as the case may be, for the local school board district in
             350      which the board member resides.]
             351          (4) (a) Within 45 days after the canvass date for the election at which voters approve
             352      the creation of a new district:
             353          (i) a transition team to represent the remaining district shall be appointed by the
             354      members of the existing district board who reside within the area of the remaining district, in
             355      consultation with:
             356          (A) the legislative bodies of all municipalities in the area of the remaining district; and
             357          (B) the legislative body of the county in which the remaining district is located, if the
             358      remaining district includes one or more unincorporated areas of the county; and
             359          (ii) another transition team to represent the new district shall be appointed by:
             360          (A) for a new district located entirely within the boundaries of a single city, the
             361      legislative body of that city; or
             362          (B) for each other new district, the legislative bodies of all interlocal agreement
             363      participants.
             364          (b) The school district board of the existing school district shall, within 60 days after
             365      the canvass date for the election at which voters approve the creation of a new district:


             366          (i) prepare an inventory of the existing district's:
             367          (A) property, both tangible and intangible, real and personal; and
             368          (B) liabilities; and
             369          (ii) deliver a copy of the inventory to each of the transition teams.
             370          (c) (i) (A) The transition teams appointed under Subsection (4)(a) shall, subject to
             371      Subsection (4)(c)(iii):
             372          (I) determine the allocation of the existing district's property and, except for
             373      indebtedness under Section 53A-2-121 , liabilities between the remaining district and the new
             374      district in accordance with Subsection (4)(c)(ii);
             375          (II) prepare a written report detailing how the existing district's property and, except
             376      for indebtedness under Section 53A-2-121 , liabilities are to be allocated, including:
             377          (Aa) a designation of the property that should be transferred to the new district;
             378          (Bb) a designation of any property that should be shared between the remaining
             379      district and the new district; and
             380          (Cc) a designation of any property that will need to be allocated by arbitration under
             381      Subsection (4)(d); and
             382          (III) deliver a copy of the written report to:
             383          (Aa) the school district board of the existing district;
             384          (Bb) the school district board of the remaining district; and
             385          (Cc) the school district board of the new district.
             386          (B) The transition teams shall determine the allocation under Subsection (4)(c)(i)(A)(I)
             387      and deliver the report required under Subsection (4)(c)(i)(A)(II) before August 1 of the year
             388      following the election at which voters approve the creation of a new district, unless that
             389      deadline is extended by the mutual agreement of:
             390          [(I) if the agreement is made before July 15 of the year following the creation election
             391      date:]
             392          [(Aa)] (I) the school district board of the existing district; and
             393          [(Bb) (Ii)] (II) (Aa) the legislative body of the city in which the new district is located,


             394      for a new district located entirely within a single city; or
             395          [(IIii)] (Bb) the legislative bodies of all interlocal agreement participants, for each
             396      other new district[; or].
             397          [(II) if the agreement is made on or after July 15 of the year following the creation
             398      election date:]
             399          [(Aa) the school district board of the remaining district; and]
             400          [(Bb) the school district board of the new district.]
             401          (ii) Subject to Subsection (4)(c)(iii), all property, assets, and liabilities that the existing
             402      district owns on the allocation date, both tangible and intangible, real and personal, shall be
             403      allocated between the remaining district and the new district in a way that is fair and equitable
             404      to both the remaining district and the new district, taking into account:
             405          (A) the relative student populations between the remaining district and new district;
             406          (B) the relative assessed value of taxable property between the remaining district and
             407      the new district;
             408          (C) the historical amount of property used to deliver educational services to students
             409      in the remaining district and the new district;
             410          (D) any money made available for the use of the new district under Subsection (5);
             411      and
             412          [(E) the agreed value of school buildings and associated property allocated to the
             413      remaining district and the new district under Subsection (4)(c)(iii)(A); and]
             414          [(F)] (E) any other factors that the transition teams consider relevant in dividing the
             415      property in a fair and equitable manner.
             416          (iii) (A) The transition teams shall allocate each school building and associated
             417      property used primarily to provide educational services to local residents and not serving
             418      district-wide purposes to the school district that would best serve the existing student
             419      population of that school building and associated property.
             420          (B) Except as provided in Subsection (4)(c)(iii)(A), nothing in this Subsection (4)(c)
             421      may be construed to limit the ability of the transition teams to:


             422          (I) provide that an existing district's property be shared by a remaining district and
             423      new district;
             424          (II) determine, by mutual agreement, that the value of the school buildings and
             425      associated property described in Subsection (4)(c)(iii)(A) may be excluded from consideration
             426      in the property allocation process under this Subsection (4)(c); or
             427          (III) provide for any other arrangement with respect to existing district property that is
             428      beneficial to and in the best interests of the remaining district and new district.
             429          (d) (i) Each disagreement between the transition teams about the proper allocation of
             430      property between the districts shall be resolved by binding arbitration to a three-member
             431      arbitration panel.
             432          (ii) Each transition team shall, no later than September 1 of the year after the creation
             433      election date, appoint one qualified, independent arbitrator to an arbitration panel under this
             434      Subsection (4)(d), and those two arbitrators shall, within 15 days after their appointment,
             435      appoint a third qualified, independent arbitrator.
             436          (iii) In the process of resolving a dispute between the transition teams, the arbitration
             437      panel may engage the services of one or more professionals to provide technical advice to the
             438      panel.
             439          (iv) The costs of arbitration shall initially be borne entirely by the existing district, but
             440      the new district shall reimburse the existing district half of those costs within one year after the
             441      new district begins providing educational services.
             442          (e) Each decision of the transition teams and of the arbitration panel resolving a
             443      disagreement between the transition teams is final and binding on the boards of the existing
             444      district, remaining district, and new district.
             445          (f) (i) All costs and expenses of the transition team that represents a remaining district
             446      shall be borne by the remaining district.
             447          (ii) All costs and expenses of the transition team that represents a new district shall
             448      initially be borne by:
             449          (A) the city whose legislative body appoints the transition team, if the transition team


             450      is appointed by the legislative body of a single city; or
             451          (B) the interlocal agreement participants, if the transition team is appointed by the
             452      legislative bodies of interlocal agreement participants.
             453          (iii) The new district may, to a maximum of $500,000, reimburse the city or interlocal
             454      agreement participants for:
             455          (A) transition team costs and expenses; and
             456          (B) startup costs and expenses incurred by the city or interlocal agreement participants
             457      on behalf of the new district.
             458          (5) (a) As used in this Subsection (5):
             459          (i) "New district startup costs" means:
             460          (A) costs and expenses incurred by a new district in order to prepare to begin
             461      providing educational services on July 1 of the second calendar year following the [creation]
             462      school board general election date described in Subsection (3)(a)(i); and
             463          (B) the costs and expenses of the transition team that represents the new district.
             464          (ii) "Remaining district startup costs" means:
             465          (A) costs and expenses incurred by a remaining district in order to:
             466          (I) make necessary adjustments to deal with the impacts resulting from the creation of
             467      the new district; and
             468          (II) prepare to provide educational services within the remaining district once the new
             469      district begins providing educational services within the new district; and
             470          (B) the costs and expenses of the transition team that represents the remaining district.
             471          (b) (i) By [July 25] January 1 of the year following the [creation] school board general
             472      election date described in Subsection (3)(a)(i), the existing district shall make half of the
             473      undistributed reserve from its General Fund, to a maximum of $9,000,000, available for the
             474      use of the remaining district and the new district, as provided in this Subsection (5).
             475          (ii) The existing district may make additional funds available for the use of the
             476      remaining district and the new district beyond the amount specified in Subsection (5)(b)(i)
             477      through an interlocal agreement.


             478          (c) The existing district shall make the money under Subsection (5)(b) available to the
             479      remaining district and the new district proportionately based on student population.
             480          (d) The money made available under Subsection (5)(b) may be accessed and spent by:
             481          (i) for the remaining district, the school district board of the remaining district; and
             482          (ii) for the new district, the school district board of the new district.
             483          (e) (i) The remaining district may use its portion of the money made available under
             484      Subsection (5)(b) to pay for remaining district startup costs.
             485          (ii) The new district may use its portion of the money made available under
             486      Subsection (5)(b) to pay for new district startup costs.
             487          (6) (a) The existing district shall transfer title or, if applicable, partial title of property
             488      to the new school district in accordance with the allocation of property by:
             489          (i) the transition teams, as stated in the report under Subsection (4)(c)(i)(A)(II); and
             490          (ii) the arbitration panel, if applicable.
             491          (b) The existing district shall complete each transfer of title or, if applicable, partial
             492      title to real property and vehicles by July 1 of the second calendar year following the [creation]
             493      school board general election date described in Subsection (3)(a)(i), except as that date is
             494      changed by the mutual agreement of:
             495          (i) the school district board of the existing district;
             496          (ii) the school district board of the remaining district; and
             497          (iii) the school district board of the new district.
             498          (c) The existing district shall complete the transfer of all property not included in
             499      Subsection (6)(b) by November 1 of the second calendar year after the [creation] school board
             500      general election date described in Subsection (3)(a)(i).
             501          (7) Except as provided in Subsections (5) and (6), after the creation election date an
             502      existing school district may not transfer or agree to transfer title to district property without the
             503      prior consent of:
             504          [(a) if the transfer or agreement to transfer is before July 15 of the year following the
             505      creation election date:]


             506          [(i)] (a) the legislative body of the city in which the new district is located, for a new
             507      district located entirely within a single city; or
             508          [(ii)] (b) the legislative bodies of all interlocal agreement participants, for each other
             509      new district[; or].
             510          [(b) if the transfer or agreement to transfer is on or after July 15 of the year following
             511      the creation election date but before July 15 of the second calendar year following the creation
             512      election date:]
             513          [(i) the school district board of the remaining district; and]
             514          [(ii) the school district board of the new district.]
             515          (8) This section applies to and governs all actions and proceedings relating to and
             516      following the creation of a new district, whether the election under Subsection 53A-2-118 (5)
             517      on the proposal to create a new school district occurs before or after May 5, 2008, including:
             518          (a) the election of school district board members; and
             519          (b) transition team duties and responsibilities, whether the transition team is appointed
             520      before or after May 5, 2008.
             521          Section 3. Section 53A-2-119 is amended to read:
             522           53A-2-119. Reapportionment -- Local school board membership.
             523          (1) Upon the creation of a new school district, the county legislative body shall
             524      reapportion the affected school districts pursuant to Section 20A-14-201 .
             525          (2) Except as provided in [Subsections (3) and ] Section 53A-2-118.1 [(3)(c)], school
             526      board membership in the affected school districts shall be determined under Title 20A,
             527      Chapter 14, Part 2, Nomination and Election of Members of Local Boards of Education.
             528          [(3) (a) Subsection (3)(b) does not apply to a new school district created under Section
             529      53A-2-118.1 .]
             530          [(b) (i) If, as a result of a reapportionment conducted following the creation of a new
             531      school district, a local school board district is created in which no board member whose term
             532      extends beyond reapportionment resides, the first board member for the local school board
             533      district shall be elected at the next regular general election or municipal general election,


             534      whichever occurs first, after the election at which the creation of the new school district is
             535      approved.]
             536          [(ii) (A) The initial term of office of a board member elected under Subsection
             537      (3)(b)(i) shall be three years, except as provided in Subsection (3)(b)(ii)(B).]
             538          [(B) If more than one position on a local school board needs to be filled pursuant to
             539      Subsection (3)(b)(i), the initial term of the board members elected shall be staggered. The
             540      county legislative body shall determine by lot which of the reapportioned local school board
             541      districts will elect members to three-year terms and which will elect members to one-year
             542      terms.]


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