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First Substitute H.B. 152

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 22, 2011 at 9:59 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 24, 2011 at 5:15 PM by lerror. -->

Representative Bill Wright proposes the following substitute bill:


             1     
SCHOOL COMMUNITY COUNCILS AMENDMENTS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Bill Wright

             5     
Senate Sponsor: Margaret Dayton

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions pertaining to the membership, selection, and operation of
             10      school community councils.
             11      Highlighted Provisions:
             12          This bill:
             13          .    modifies qualifications for a parent or guardian member of a school community
             14      council;
             15          .    modifies duties of a school community council;
             16          .    requires an election for the parent or guardian members of a school community
             17      council to:
             18              .    extend for a period of at least three consecutive school days; and
             19              .    commence no later than 30 days after the first day of the school year;
             20          .    requires a principal to provide notification of a school community council election
             21      at least 21 days before the commencement of an election;
             22          .    modifies the officer positions of a school community council;
             23          .    requires a school's principal, in order for the school to receive an allotment of
             24      School LAND Trust Program money, to provide a signed, written assurance that:
             25              .    the school community council membership is consistent with requirements


             26      specified in law; and
             27              .    the selection of school community council members is consistent with
             28      requirements specified in law;
             29          .    directs the Legislative Auditor General, at the direction of the Legislative Audit
             30      Subcommittee, to audit a sample of schools for compliance with requirements
             31      pertaining to school community council membership and the selection of school
             32      community council members;
             33          .    provides for a reduction or an elimination of a school's allocation of School LAND
             34      Trust money for failure to comply with requirements pertaining to school
             35      community council membership or the selection of school community council
             36      members; and
             37          .    makes technical amendments.
             38      Money Appropriated in this Bill:
             39          None
             40      Other Special Clauses:
             41      H. [ None ] This bill coordinates with S.B. 142, Public Official Contact Information, and H.B.
             41a      186, Utah Code Technical Amendments, by providing superseding technical amendments. .H
             42      Utah Code Sections Affected:
             43      AMENDS:
             44          53A-1a-108, as last amended by Laws of Utah 2008, Chapters 157, 178, and 332
             45          53A-16-101.5, as last amended by Laws of Utah 2008, Chapters 332 and 382
             45a      H. Utah Code Sections Affected by Coordination Clause:
             45b          53A-1a-108, as last amended by Laws of Utah 2008, Chapters 157, 178, and 332 .H
             46     
             47      Be it enacted by the Legislature of the state of Utah:
             48          Section 1. Section 53A-1a-108 is amended to read:
             49           53A-1a-108. School community councils authorized -- Duties -- Composition --
             50      Election procedures and selection of members.
             51          (1) As used in this section:
             52          (a) "Educator" has the meaning defined in Section 53A-6-103 .
             53          [(a)] (b) (i) "Parent or guardian member" means a member of a school community
             54      council who is a parent or guardian of a student who:
             55          (A) is attending the school [or who];
             56          (B) will be enrolled at the school at any time during the parent's or guardian's initial


             57      term of office[.]; or
             58          (C) was enrolled at the school during the parent or guardian member's initial term of
             59      office as provided in Subsection (5)(g)(iii).
             60          (ii) "Parent or guardian member" may not include [a person] an educator who [meets
             61      the definition of a school employee member] is employed by the school district in which the
             62      school is located unless the [person's] educator's employment [at the school] does not exceed
             63      an average of six hours per week.
             64          [(b)] (c) "School employee member" means a member of a school community council
             65      who is a person employed at a school by the school or school district, including the principal.
             66          (2) Each public school, in consultation with its local school board, shall establish a
             67      school community council at the school building level.
             68          (3) (a) Each school community council shall:
             69          (i) [develop] create a school improvement plan in accordance with Section
             70      53A-1a-108.5 ;
             71          (ii) [develop] create the School LAND Trust Program in accordance with Section
             72      53A-16-101.5 ;
             73          (iii) assist in the [development] creation and implementation of a staff professional
             74      development plan as provided by Section 53A-3-701 ; and
             75          [(iv) develop a child access routing plan in accordance with Section 53A-3-402 ; and]
             76          [(v)] (iv) advise and make recommendations to school and school district
             77      administrators and the local school board regarding the school and its programs, school district
             78      programs, H. a child access routing plan in accordance with Section 53A-3-402, .H and other
             78a      issues relating to the community environment for students.
             79          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             80      for an elementary school shall [develop] create a reading achievement plan in accordance with
             81      Section 53A-1-606.5 .
             82          (c) A school or school district administrator may not prohibit or discourage a school
             83      community council from discussing issues, or offering advice or recommendations, regarding
             84      the school and its programs, school district programs, the curriculum, or the community
             85      environment for students.
             86          (4) (a) Each school community council shall consist of school employee members and
             87      parent or guardian members in accordance with this section.


             88          (b) Except as provided in Subsection (4)(c):
             89          (i) each school community council for a high school shall have six parent or guardian
             90      members and five school employee members, including the principal; and
             91          (ii) each school community council for a school other than a high school shall have
             92      four parent or guardian members and three school employee members, including the principal.
             93          (c) (i) A school community council may have a larger membership provided that the
             94      number of parent or guardian members exceeds the number of school employee members.
             95          (ii) A school community council may have a smaller membership provided that:
             96          (A) the number of parent or guardian members exceeds the number of school employee
             97      members; and
             98          (B) there are at least two school employee members on the school community council.
             99          (5) (a) Each school employee member, except the principal, shall be elected by secret
             100      ballot by a majority vote of the school employees and serve a two-year term. The principal
             101      shall serve as an ex officio member with full voting privileges.
             102          (b) (i) Each parent or guardian member shall be elected by secret ballot at an election
             103      held at the school by a majority vote of those voting at the election and serve a two-year term.
             104          (ii) Only parents or guardians of students attending the school may vote at the election
             105      under Subsection (5)(b)(i).
             106          (iii) Any parent or guardian of a student who meets the qualifications of this section
             107      may file or declare himself as a candidate for election to a school community council.
             108          (iv) An election for the parent or guardian members of a school community council
             109      shall:
             110          (A) extend for a period of at least three consecutive school days; and
             111          (B) commence no later than 30 days after the first day of the school year.
             112          (c) (i) The principal of the school, or the principal's designee, shall provide notice of
             113      the available community council positions to school employees, parents, and guardians at least
             114      [14] 21 days before the date that voting commences for the elections held under Subsections
             115      (5)(a) and (5)(b).
             116          (ii) The notice shall include:
             117          (A) the dates and times of the elections;
             118          (B) a list of council positions that are up for election; and


             119          (C) instructions for becoming a candidate for a community council position.
             120          (iii) The principal of the school, or the principal's designee, shall oversee the elections
             121      held under Subsections (5)(a) and (5)(b).
             122          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
             123      secure ballot box[;].
             124          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             125      available to the public upon request.
             126          (e) (i) If a parent or guardian position on a school community council remains unfilled
             127      after an election is held, the other parent or guardian members of the council shall appoint a
             128      parent or guardian who meets the qualifications of this section to fill the position.
             129          (ii) If a school employee position on a school community council remains unfilled after
             130      an election is held, the other school employee members of the council shall appoint a school
             131      employee to fill the position.
             132          (iii) The [chair] cochairs or chair of the community council shall notify the local school
             133      board of each appointment made under Subsection (5)(e)(i)[,] or (ii)[, or (iii)].
             134          (iv) A member appointed to a school community council under Subsection (5)(e)(i) or
             135      (ii) shall serve a two-year term.
             136          (f) Initial terms shall be staggered so that no more than 50% of the council members
             137      stand for election in any one year.
             138          (g) (i) Each public school, in consultation with its local school board, shall set the
             139      beginning date of the term of office for school community council members.
             140          (ii) [Council members] A school community council member may serve up to three
             141      successive terms.
             142          (iii) If a parent or guardian member's child is enrolled in the school at any time during
             143      the parent or guardian member's initial term of office, the parent or guardian member may
             144      serve up to three successive terms even though the parent or guardian member's child is no
             145      longer enrolled in the school.
             146          (h) H. [ (i) ] .H Each school community council shall elect [a chair and vice chair]:
             147           H. [ (A) ] (i) .H two cochairs from its parent or guardian members H. [ and ] or one
             147a      cochair from its parent or guardian members and one cochair from its .H elected employee
             148      members[.]; or
             149           H. [ (B) ] (ii) .H a chair H. and a vice chair .H from its parent or guardian members.


             150           H. [ (ii) No more than one parent or guardian member or elected employee member may at
             151      the same time serve as [an officer specified in Subsection (5)(h)(i)] cochair.
] .H

             152          (6) (a) A school community council may create subcommittees or task forces to:
             153          (i) advise or make recommendations to the council; or
             154          (ii) develop all or part of a plan listed in Subsection (3).
             155          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             156      subject to the approval of the school community council.
             157          (c) A school community council may appoint individuals who are not council members
             158      to serve on a subcommittee or task force, including parents, school employees, or other
             159      community members.
             160          (7) (a) A school community council shall provide the following information:
             161          (i) the proposed school community council meeting schedule for the year, provided
             162      during the first two weeks of the school year;
             163          (ii) a summary of the school community council's actions and activities during the first
             164      half of the school year information, provided at the mid-point of the school year; and
             165          (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
             166      school's School LAND Trust Program monies were used to enhance or improve academic
             167      excellence at the school and implement a component of the school's improvement plan,
             168      provided at the beginning of the next school year.
             169          (b) The school community council shall provide the information described in
             170      Subsection (7)(a) by:
             171          (i) posting the information on the school's website; and
             172          (ii) providing individual delivery to each household that has a student attending the
             173      school by:
             174          (A) mailing the information;
             175          (B) delivering a voice message describing the information and explaining where to
             176      obtain the full information;
             177          (C) sending an e-mail message containing the information;
             178          (D) providing the information in a packet that is to be delivered to a student's parent or
             179      guardian:
             180          (I) during the school's annual registration period; or


             181          (II) with the student's report card; or
             182          (E) using a combination of the methods described in Subsections (7)(b)(ii)(A) through
             183      (D).
             184          (8) A school community council shall, at least one week prior to a meeting, post the
             185      following information on the school's website:
             186          (a) notice of the meeting date, time, and place;
             187          (b) an agenda for the meeting; and
             188          (c) a summary of the previous meeting.
             189          (9) (a) A majority of the members of a school community council is a quorum for the
             190      transaction of business.
             191          (b) The action of a majority of the members of a quorum is the action of the school
             192      community council.
             193          (10) A local school board shall give each school community council member a copy of
             194      the H. following .H statutes governing school community councils H. [ . ] :
             194a          (a) Section 53A-1a-108;
             194b          (b) Section 53A-1a-108.5; and
             194c          (c) Section 53A-16-101.5. .H
             195          Section 2. Section 53A-16-101.5 is amended to read:
             196           53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --
             197      School plans for use of funds.
             198          (1) There is established the School LAND (Learning And Nurturing Development)
             199      Trust Program for the state's public schools to provide financial resources to enhance or
             200      improve student academic achievement and implement a component of the school
             201      improvement plan.
             202          (2) (a) The program shall be funded each fiscal year:
             203          (i) from the Interest and Dividends Account created in Section 53A-16-101 ; and
             204          (ii) in the amount of the sum of the following:
             205          (A) the interest and dividends from the investment of money in the permanent State
             206      School Fund deposited to the Interest and Dividends Account in the immediately preceding
             207      year; and
             208          (B) interest accrued on money in the Interest and Dividends Account in the
             209      immediately preceding fiscal year.
             210          (b) On and after July 1, 2003, the program shall be funded as provided in Subsection
             211      (2)(a) up to [a maximum of] an amount equal to 2% of the funds provided for the Minimum


             212      School Program, pursuant to Title 53A, Chapter 17a, Minimum School Program Act, each
             213      fiscal year.
             214          (c) The Legislature shall annually allocate, through an appropriation to the State Board
             215      of Education, a portion of School LAND Trust Program money for the administration of the
             216      program.
             217          (3) (a) The State Board of Education shall allocate the money referred to in Subsection
             218      (2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as
             219      follows:
             220          (i) school districts and the charter schools combined shall receive 10% of the funds on
             221      an equal basis; and
             222          (ii) the remaining 90% of the funds shall be distributed on a per student basis, with
             223      each school district and charter school receiving its allocation based on the number of students
             224      in the school district and charter school as compared to the state total.
             225          (b) [Each] A school district shall distribute its allocation under Subsection (3)(a) to
             226      each school within the district on an equal per student basis.
             227          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             228      [board] State Board of Education may make rules regarding the time and manner in which the
             229      student count shall be made for allocation of the money.
             230          (4) (a) Except as provided in Subsection (7), in order to receive its allocation under
             231      Subsection (3)[,]:
             232          (i) a school shall have established a school community council [under] in accordance
             233      with Section 53A-1a-108 [.]; and
             234          (ii) the school's principal shall provide a signed, written assurance in accordance with
             235      rules of the State Board of Education that:
             236          (A) the membership of the school community council is consistent with the
             237      membership requirements specified in Section 53A-1a-108 ; and
             238          (B) the members were elected or appointed consistent with selection requirements
             239      specified in 53A-1a-108 .
             240          (b) At the direction of the Legislative Audit Subcommittee, the Legislative Auditor
             241      General shall:
             242          (i) audit a sample of schools to determine compliance with requirements specified in


             243      Section 53A-1a-108 for school community council membership and the election or
             244      appointment of school community council members; and
             245          (ii) submit an audit report to the Legislative Audit Subcommittee.
             246          (c) The Legislative Audit Subcommittee shall forward the audit report to the Public
             247      Education Appropriations Subcommittee and the State Board of Education.
             248          (d) (i) The State Board of Education may recommend that all or a portion of a school's
             249      allocation of School LAND Trust Program money under Subsection (3) be reduced or
             250      eliminated for a fiscal year if the school has failed to comply with requirements specified in
             251      Section 53A-1a-108 for school community council membership or the election or appointment
             252      of school community council members.
             253          (ii) The State Board of Education shall report to the Public Education Appropriations
             254      Subcommittee on the board's action or decision regarding a school identified in an audit report
             255      as being not in compliance with requirements specified in Section 53A-1a-108 for school
             256      community council membership or the election or appointment of school community council
             257      members.
             258          (5) (a) The school community council or its subcommittee shall [develop] create a
             259      program to use its allocation under Subsection (3) to implement a component of the school's
             260      improvement plan, including:
             261          (i) the school's identified most critical academic needs;
             262          (ii) a recommended course of action to meet the identified academic needs;
             263          (iii) a specific listing of any programs, practices, materials, or equipment which the
             264      school will need to implement a component of its school improvement plan to have a direct
             265      impact on the instruction of students and result in measurable increased student performance;
             266      and
             267          (iv) how the school intends to spend its allocation of funds under this section to
             268      enhance or improve academic excellence at the school.
             269          (b) The school may develop a multiyear program, but the program shall be [presented
             270      and] approved by the school community council and the local school board of the district in
             271      which the school is located annually and as a prerequisite to receiving program funds allocated
             272      under this section.
             273          (c) (i) A school community council shall consider the approval of a plan for the use of


             274      School LAND Trust Program money in a meeting of the school community council at which a
             275      quorum is present.
             276          (ii) If a majority of the quorum votes to approve a plan for the use of School LAND
             277      Trust Program money, the plan is approved.
             278          (d) A school community council shall:
             279          (i) submit a plan for the use of School LAND Trust Program money that is approved in
             280      accordance with Subsection (5)(c) to the local school board for the local school board's
             281      approval; and
             282          (ii) include with the plan a report noting the number of school community council
             283      members who voted for or against the approval of the plan and the number of members who
             284      were absent for the vote.
             285          (e) (i) A local school board may approve or disapprove a plan for the use of School
             286      LAND Trust Program money.
             287          (ii) If a local school board disapproves a plan for the use of School LAND Trust
             288      Program money, the local school board shall provide a written explanation of why the plan was
             289      disapproved and request the school community council who submitted the plan to revise the
             290      plan.
             291          (iii) The school community council shall submit a revised plan to the local school
             292      board for approval.
             293          (6) (a) Each school shall:
             294          (i) implement the program as approved by the school community council and approved
             295      by the local school board;
             296          (ii) provide ongoing support for the council's or its subcommittee's program; and
             297          (iii) meet school board reporting requirements regarding financial and performance
             298      accountability of the program.
             299          (b) (i) Each school through its council or its subcommittee shall prepare and present an
             300      annual report of the program to its local school board at the end of the school year.
             301          (ii) The report shall detail the use of program funds received by the school under this
             302      section and an assessment of the results obtained from the use of the funds.
             303          (iii) A summary of the report shall be sent to households in accordance with the
             304      provisions under Subsection 53A-1a-108 (7).


             305          (7) (a) The governing board of a charter school shall prepare a plan for the use of
             306      [school trust] School LAND Trust Program money that includes the elements listed in
             307      Subsection (5).
             308          (b) The plan shall be subject to approval by the entity that authorized the establishment
             309      of the charter school.
             310          (8) (a) A school community council and a governing board of a charter school may not
             311      be required to:
             312          (i) send a letter to legislators or other elected officials on the school's use of School
             313      LAND Trust Program money as a condition of receiving the money; or
             314          (ii) report to the State Board of Education or any local school board on whether any
             315      letters were sent to legislators or other elected officials on the school's use of School LAND
             316      Trust Program money.
             317          (b) Subsection (8)(a)(i) does not apply to the annual report to the local school board
             318      required by Subsection (6)(b).
             318a      H. Section 3. Coordinating H.B. 152 with S.B. 142 and H.B. 186 -- Superseding technical
             318b      amendments.
             318c          (1) If this H.B. 152 and H.B. 186, Utah Code Technical Amendments, both pass, it is
             318d      the intent of the Legislature that the amendments to Subsection 53A-1a-108(5)(e)(iii) in this
             318e      bill supersede the amendments to Subsection 53A-1a-108(5)(e)(iii) in H.B. 186 when the Office
             318f      of Legislative Research and General Counsel prepares the Utah Code database for
             318g      publication; or
             318h          (2) If this H.B. 152, H.B. 186, Utah Code Technical Amendments, and S.B. 142, Public
             318i      Official Contact Information, all pass, it is the intent of the Legislature that the amendments to
             318j      Subsection 53A-1a-108(5)(e)(iii) in this bill supersede the amendments to
             318k      Subsection 53A-1a-108(5)(e)(iii) in H.B. 186 and S.B. 142 when the Office of Legislative
             318l      Research and General Counsel prepares the Utah Code database for publication. .H


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