Download Zipped Amended WordPerfect SB0224.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 224

This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 1, 2011 at 8:09 AM by rday. -->             


Text Box

- 1 -
Senate Committee Amendments 3-1-2011 rd/erb
1
    
PARTISAN SCHOOL BOARD ELECTIONS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Howard A. Stephenson

             5     
House Sponsor: Gregory H. Hughes

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Election Code by amending provisions related to the election of
             10      the State Board of Education members.
             11      Highlighted Provisions:
             12          This bill:
             13          .    requires members of the State Board of Education to be elected in a partisan
             14      election;
             15          .    provides for filling a State Board of Education candidate vacancy;
             16          .    requires the governor to fill a vacancy in a member's term that expires after 2014 by
             17      appointing the person whose name is submitted by the party liaison of the same
             18      political party as the prior board member;
             19          .    repeals the involvement of the governor and the nominating and recruiting
             20      committee for a State Board of Education candidate selection process; and
             21          .    makes technical changes.
             22      Money Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25           S. [ None ] This bill coordinates with H.B. 143, Ballot Placement Amendments, by
             25a      providing substantive and technical amendments. .S
             26      Utah Code Sections Affected:
             27      AMENDS:



Text Box

- 2 -
Senate Committee Amendments 3-1-2011 rd/erb
             28
         20A-1-501, as last amended by Laws of Utah 2006, Chapter 264
             29          20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
             30          20A-6-301, as last amended by Laws of Utah 2009, Chapter 202
             31          20A-6-302, as last amended by Laws of Utah 2006, Chapter 326
             32          20A-14-103, as last amended by Laws of Utah 2008, Chapter 8
             33          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
             34          53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
             35          53A-1a-506.5, as last amended by Laws of Utah 2010, Chapter 162
             36          53A-2-119, as last amended by Laws of Utah 2010, Chapter 230
             37          53A-3-101, as repealed and reenacted by Laws of Utah 1995, Chapter 1
             38          53A-11-102.5, as last amended by Laws of Utah 2010, Chapter 210
             38a      S. Utah Code Sections Affected by Coordination Clause:
             38b          20A-6-302, as last amended by Laws of Utah 2006, Chapter 326 .S
             39      REPEALS:
             40          20A-14-105, as last amended by Laws of Utah 2003, Chapter 315
             41     

             42      Be it enacted by the Legislature of the state of Utah:
             43          Section 1. Section 20A-1-501 is amended to read:
             44           20A-1-501. Candidate vacancies -- Procedure for filling.
             45          (1) The state central committee of a political party, for candidates for United States
             46      senator, United States representative, governor, lieutenant governor, attorney general, state
             47      treasurer, and state auditor, and for State Board of Education or legislative candidates whose
             48      [legislative] districts encompass more than one county, and the county central committee of a
             49      political party, for all other party candidates seeking an office elected at a regular general
             50      election, may certify the name of another candidate to the appropriate election officer if:
             51          (a) after the close of the period for filing declarations of candidacy and continuing
             52      through the date 15 days before the date of the primary election:
             53          (i) only one or two candidates from that party have filed a declaration of candidacy for
             54      that office; and
             55          (ii) one or both:
             56          (A) dies;
             57          (B) resigns because of becoming physically or mentally disabled as certified by a
             58      physician; or



Text Box

- 3 -
             59
         (C) is disqualified by an election officer for improper filing or nominating procedures;
             60      or
             61          (b) after the close of the primary election and continuing through the date of the voter
             62      registration deadline for the general election as established in Section 20A-2-102.5 , the party's
             63      candidate:
             64          (i) dies;
             65          (ii) resigns because of becoming physically or mentally disabled as certified by a
             66      physician;
             67          (iii) is disqualified by an election officer for improper filing or nominating procedures;
             68      or
             69          (iv) resigns to become a candidate for President or Vice-President of the United States.
             70          (2) If no more than two candidates from a political party have filed a declaration of
             71      candidacy for an office elected at a regular general election and one resigns to become the party
             72      candidate for another position, the state central committee of that political party, for candidates
             73      for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
             74      State Board of Education or legislative candidates whose [legislative] districts encompass more
             75      than one county, and the county central committee of that political party, for all other party
             76      candidates, may certify the name of another candidate to the appropriate election officer.
             77          (3) [Each] A replacement candidate shall file a declaration of candidacy as required by
             78      Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.
             79          (4) A replacement candidate may not be certified for an election during the period
             80      beginning on the day after the date of the voter registration deadline and continuing through the
             81      date of the election.
             82          Section 2. Section 20A-1-507 is amended to read:
             83           20A-1-507. Midterm vacancies in the State Board of Education.
             84          (1) If a vacancy occurs on the State Board of Education for any reason other than the
             85      expiration of a member's term[,]:
             86          (a) for a member whose term expires in 2012 or 2014, the governor, with the consent
             87      of the Senate, shall fill the vacancy by appointment of a qualified member to serve out the
             88      unexpired term[.]; and
             89          (b) for a member whose term expires after 2014, the governor shall fill the vacancy by



Text Box

- 4 -
             90
     immediately appointing the person whose name is submitted by the party liaison of the same
             91      political party as the prior board member.
             92          (2) The lieutenant governor shall issue a certificate of appointment to the appointed
             93      member and certify the appointment to the board.
             94          Section 3. Section 20A-6-301 is amended to read:
             95           20A-6-301. Paper ballots -- Regular general election.
             96          (1) [Each] An election officer shall ensure that:
             97          (a) all paper ballots furnished for use at the regular general election contain no captions
             98      or other endorsements except as provided in this section;
             99          (b) (i) the paper ballot contains a ballot stub at least one inch wide, placed across the
             100      top of the ballot, and divided from the rest of ballot by a perforated line;
             101          (ii) the ballot number and the words " Poll Worker's Initial ____" are printed on the
             102      stub; and
             103          (iii) ballot stubs are numbered consecutively;
             104          (c) immediately below the perforated ballot stub, the following endorsements are
             105      printed in 18-point bold type:
             106          (i) "Official Ballot for ____ County, Utah";
             107          (ii) the date of the election; and
             108          (iii) a facsimile of the signature of the county clerk and the words "county clerk";
             109          (d) each ticket is placed in a separate column on the ballot in the order determined by
             110      the election officer with the party emblem, followed by the party name, at the head of the
             111      column;
             112          (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
             113          (f) a circle 1/2 inch in diameter is printed immediately below the party name or title,
             114      and the top of the circle is placed not less than two inches below the perforated line;
             115          (g) unaffiliated candidates and candidates not affiliated with a registered political party
             116      are listed in one column, without a party circle, with the following instructions printed at the
             117      head of the column: "All candidates not affiliated with a political party are listed below. They
             118      are to be considered with all offices and candidates listed to the left. Only one vote is allowed
             119      for each office.";
             120          (h) the columns containing the lists of candidates, including the party name and device,



Text Box

- 5 -
             121
     are separated by heavy parallel lines;
             122          (i) the offices to be filled are plainly printed immediately above the names of the
             123      candidates for those offices;
             124          (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
             125      1/4 of an inch high in heavy-faced type not smaller than 10 point, between lines or rules 3/8 of
             126      an inch apart;
             127          (k) a square with sides measuring not less than 1/4 of an inch in length is printed
             128      immediately adjacent to the name of each candidate;
             129          (l) for the offices of president and vice president and governor and lieutenant governor,
             130      one square with sides measuring not less than 1/4 of an inch in length is printed on the same
             131      side as but opposite a double bracket enclosing the names of the two candidates;
             132          (m) immediately adjacent to the unaffiliated ticket on the ballot, the ballot contains a
             133      write-in column long enough to contain as many written names of candidates as there are
             134      persons to be elected with:
             135          (i) for each office on the ballot, the office to be filled plainly printed immediately
             136      above:
             137          (A) a blank, horizontal line to enable the entry of a valid write-in candidate and a
             138      square with sides measuring not less than 1/4 of an inch in length printed immediately adjacent
             139      to the blank horizontal line; or
             140          (B) for the offices of president and vice president and governor and lieutenant
             141      governor, two blank horizontal lines, one placed above the other, to enable the entry of two
             142      valid write-in candidates, and one square with sides measuring not less than 1/4 of an inch in
             143      length printed on the same side as but opposite a double bracket enclosing the two blank
             144      horizontal lines; and
             145          (ii) the words "Write-In Voting Column" printed at the head of the column without a
             146      1/2 inch circle;
             147          (n) when required, the ballot includes a nonpartisan ticket placed immediately adjacent
             148      to the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
             149      running vertically the full length of the nonpartisan ballot copy; and
             150          (o) constitutional amendments or other questions submitted to the vote of the people,
             151      are printed on the ballot after the list of candidates.



Text Box

- 6 -
             152
         (2) Each election officer shall ensure that:
             153          (a) each person nominated by any political party or group of petitioners is placed on the
             154      ballot:
             155          (i) under the party name and emblem, if any; or
             156          (ii) under the title of the party or group as designated by them in their certificates of
             157      nomination or petition, or, if none is designated, then under some suitable title;
             158          (b) the names of all unaffiliated candidates that qualify as required in Title 20A,
             159      Chapter 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
             160          (c) the names of the candidates for president and vice president are used on the ballot
             161      instead of the names of the presidential electors; and
             162          (d) the ballots contain no other names.
             163          (3) When the ballot contains a nonpartisan section, the election officer shall ensure
             164      that:
             165          (a) the designation of the office to be filled in the election and the number of
             166      candidates to be elected are printed in type not smaller than eight-point;
             167          (b) the words designating the office are printed flush with the left-hand margin;
             168          (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of
             169      the column;
             170          (d) the nonpartisan candidates are grouped according to the office for which they are
             171      candidates;
             172          (e) the names in each group are placed in alphabetical order with the surnames last,
             173      except for candidates for the [State Board of Education and] local school boards;
             174          [(f) the names of candidates for the State Board of Education are placed on the ballot as
             175      certified by the lieutenant governor under Section 20A-14-105 ;]
             176          [(g)] (f) if candidates for membership on a local [board of education] school board
             177      were selected in a primary election, the name of the candidate who received the most votes in
             178      the primary election is listed first on the ballot;
             179          [(h)] (g) if candidates for membership on a local [board of education] school board
             180      were not selected in the primary election, the names of the candidates are listed on the ballot in
             181      the order determined by a lottery conducted by the county clerk; and
             182          [(i)] (h) each group is preceded by the designation of the office for which the



Text Box

- 7 -
             183
     candidates seek election, and the words, "Vote for one" or "Vote for two or more," according to
             184      the number to be elected.
             185          (4) [Each] An election officer shall ensure that:
             186          (a) proposed amendments to the Utah Constitution are listed on the ballot in
             187      accordance with Section 20A-6-107 ;
             188          (b) ballot propositions submitted to the voters are listed on the ballot in accordance
             189      with Section 20A-6-107 ; and
             190          (c) bond propositions that have qualified for the ballot are listed on the ballot under the
             191      title assigned to each bond proposition under Section 11-14-206 .
             192          Section 4. Section 20A-6-302 is amended to read:
             193           20A-6-302. Paper ballots -- Placement of candidates' names.
             194          (1) [Each] An election officer shall ensure, for paper ballots in regular general
             195      elections, that:
             196          (a) except for candidates for [state school board and] local school boards:
             197          (i) each candidate is listed by party; and
             198          (ii) candidates' surnames are listed in alphabetical order on the ballots when two or
             199      more candidates' names are required to be listed on a ticket under the title of an office;
             200          [(b) the names of candidates for the State Board of Education are placed on the ballot
             201      as certified by the lieutenant governor under Section 20A-14-105 ;]
             202          [(c)] (b) if candidates for membership on a local [board of education] school board
             203      were selected in a regular primary election, the name of the candidate who received the most
             204      votes in the regular primary election is listed first on the ballot; and
             205          [(d)] (c) if candidates for membership on a local [board of education] school board
             206      were not selected in the regular primary election, the names of the candidates are listed on the
             207      ballot in the order determined by a lottery conducted by the county clerk.
             208          (2) (a) The election officer may not allow the name of a candidate who dies or
             209      withdraws before election day to be printed upon the ballots.
             210          (b) If the ballots have already been printed, the election officer:
             211          (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a
             212      line through the candidate's name before the ballots are delivered to voters; and
             213          (ii) may not count any votes for that dead or withdrawn candidate.



Text Box

- 8 -
             214
         (3) (a) When there is only one candidate for county attorney at the regular general
             215      election in counties that have three or fewer registered voters of the county who are licensed
             216      active members in good standing of the Utah State Bar, the county clerk shall cause that
             217      candidate's name and party affiliation, if any, to be placed on a separate section of the ballot
             218      with the following question: "Shall (name of candidate) be elected to the office of county
             219      attorney? Yes ____ No ____."
             220          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
             221      elected to the office of county attorney.
             222          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
             223      elected and may not take office, nor may he continue in the office past the end of the term
             224      resulting from any prior election or appointment.
             225          (d) When the name of only one candidate for county attorney is printed on the ballot
             226      under authority of this Subsection (3), the county clerk may not count any write-in votes
             227      received for the office of county attorney.
             228          (e) If no qualified person files for the office of county attorney or if the candidate is not
             229      elected by the voters, the county legislative body shall appoint the county attorney as provided
             230      in Section 20A-1-509.2 .
             231          (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on
             232      the ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the
             233      two consecutive terms immediately preceding the term for which the candidate is seeking
             234      election, Subsection (3)(a) shall not apply and that candidate shall be considered to be an
             235      unopposed candidate the same as any other unopposed candidate for another office, unless a
             236      petition is filed with the county clerk before the date of that year's primary election that:
             237          (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
             238          (ii) contains the signatures of registered voters in the county representing in number at
             239      least 25% of all votes cast in the county for all candidates for governor at the last election at
             240      which a governor was elected.
             241          (4) (a) When there is only one candidate for district attorney at the regular general
             242      election in a prosecution district that has three or fewer registered voters of the district who are
             243      licensed active members in good standing of the Utah State Bar, the county clerk shall cause
             244      that candidate's name and party affiliation, if any, to be placed on a separate section of the



Text Box

- 9 -
             245
     ballot with the following question: "Shall (name of candidate) be elected to the office of district
             246      attorney? Yes ____ No ____."
             247          (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
             248      elected to the office of district attorney.
             249          (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
             250      elected and may not take office, nor may he continue in the office past the end of the term
             251      resulting from any prior election or appointment.
             252          (d) When the name of only one candidate for district attorney is printed on the ballot
             253      under authority of this Subsection (4), the county clerk may not count any write-in votes
             254      received for the office of district attorney.
             255          (e) If no qualified person files for the office of district attorney, or if the only candidate
             256      is not elected by the voters under this subsection, the county legislative body shall appoint a
             257      new district attorney for a four-year term as provided in Section 20A-1-509.2 .
             258          (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on
             259      the ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the
             260      two consecutive terms immediately preceding the term for which the candidate is seeking
             261      election, Subsection (4)(a) shall not apply and that candidate shall be considered to be an
             262      unopposed candidate the same as any other unopposed candidate for another office, unless a
             263      petition is filed with the county clerk before the date of that year's primary election that:
             264          (i) requests the procedure set forth in Subsection (4)(a) to be followed; and
             265          (ii) contains the signatures of registered voters in the county representing in number at
             266      least 25% of all votes cast in the county for all candidates for governor at the last election at
             267      which a governor was elected.
             268          Section 5. Section 20A-14-103 is amended to read:
             269     
CHAPTER 14. DISTRICTS AND ELECTION OF STATE AND LOCAL

             270     
SCHOOL BOARDS

             271     
Part 1. State Board of Education - Districts and Election

             272           20A-14-103. State Board of Education members -- When elected -- Qualifications
             273      -- Avoiding conflicts of interest.
             274          (1) (a) In 2002 and every four years thereafter, one member each shall be elected from
             275      [new] Districts 1, 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.



Text Box

- 10 -
             276
         (b) In 2004 and every four years thereafter, one member each shall be elected from
             277      [new] Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
             278          [(c) (i) Because of the combination of certain former districts, the state school board
             279      members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
             280      the term for which they were elected, but shall stand for election in 2002 for a term of office of
             281      four years from the realigned district in which each resides.]
             282          [(ii) If one of the incumbent state school board members from new District 1 indicates
             283      in writing to the lieutenant governor that the school board member will not seek reelection, that
             284      incumbent state school board member may serve until January 1, 2003 and the other incumbent
             285      state school board member shall serve out the term for which the member was elected, which is
             286      until January 1, 2005.]
             287          (2) (a) A person seeking election to the [state school board] State Board of Education
             288      must have been a resident of the [state school board] State Board of Education district in which
             289      the person is seeking election for at least one year as of the date of the election.
             290          (b) A person who has resided within the [state school board] State Board of Education
             291      district, as the boundaries of the district exist on the date of the election, for one year
             292      immediately preceding the date of the election shall be considered to have met the requirements
             293      of this Subsection (2).
             294          (3) A member shall:
             295          (a) be and remain a registered voter in the [state board] State Board of Education
             296      district from which the member was elected or appointed; and
             297          (b) maintain the member's primary residence within the [state board] State Board of
             298      Education district from which the member was elected or appointed during the member's term
             299      of office.
             300          (4) A member of the State Board of Education may not, during the member's term of
             301      office, also serve as an employee of:
             302          (a) the board;
             303          (b) the Utah State Office of Education; or
             304          (c) the Utah State Office of Rehabilitation.
             305          Section 6. Section 20A-14-104 is amended to read:
             306           20A-14-104. Becoming a candidate for membership on the State Board of



Text Box

- 11 -
             307
     Education.
             308          [(1) (a) Persons] A person interested in becoming a candidate for the State Board of
             309      Education shall file a declaration of candidacy according to the procedures and requirements of
             310      [Sections 20A-9-201 and 20A-9-202 ] Title 20A, Chapter 9, Candidate Qualifications and
             311      Nominating Procedures.
             312          [(b) By May 1 of the year in which a State Board of Education member's term expires,
             313      the lieutenant governor shall submit the name of each person who has filed a declaration of
             314      candidacy for the State Board of Education to the nominating and recruiting committee for the
             315      State Board of Education.]
             316          [(2) By November 1 of the year preceding each regular general election year, a
             317      nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
             318      shall be appointed by the governor as follows:]
             319          [(a) one member shall be appointed to represent each of the following business and
             320      industry sectors:]
             321          [(i) manufacturing and mining;]
             322          [(ii) transportation and public utilities;]
             323          [(iii) service, trade, and information technology;]
             324          [(iv) finance, insurance, and real estate;]
             325          [(v) construction; and]
             326          [(vi) agriculture; and]
             327          [(b) one member shall be appointed to represent each of the following education
             328      sectors:]
             329          [(i) teachers;]
             330          [(ii) school administrators;]
             331          [(iii) parents;]
             332          [(iv) local school board members;]
             333          [(v) charter schools; and]
             334          [(vi) higher education.]
             335          [(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
             336      through (vi) shall be appointed from lists containing at least two names submitted by
             337      organizations representing each of the respective sectors.]



Text Box

- 12 -
             338
         [(b) At least one member of the nominating and recruiting committee shall reside
             339      within each state board district in which a member's term expires during the committee's two-
             340      year term of office.]
             341          [(4) (a) The members shall elect one member to serve as chair for the committee.]
             342          [(b) The chair, or another member of the committee designated by the chair, shall
             343      schedule and convene all committee meetings.]
             344          [(c) Any formal action by the committee requires the approval of a majority of
             345      committee members.]
             346          [(d) Members of the nominating and recruiting committee shall serve without
             347      compensation, but they may be reimbursed for expenses incurred in the performance of their
             348      official duties as established by the Division of Finance.]
             349          [(5) The nominating and recruiting committee shall:]
             350          [(a) recruit potential candidates for membership on the State Board of Education prior
             351      to the deadline to file a declaration of candidacy;]
             352          [(b) prepare a list of candidates for membership on the State Board of Education for
             353      each state board district subject to election in that year using the qualifications under
             354      Subsection (6);]
             355          [(c) submit a list of at least three candidates for each state board position to the
             356      governor by July 1; and]
             357          [(d) ensure that the list includes appropriate background information on each
             358      candidate.]
             359          [(6) The nominating committee shall select a broad variety of candidates who possess
             360      outstanding professional qualifications relating to the powers and duties of the State Board of
             361      Education, including experience in the following areas:]
             362          [(a) business and industry administration;]
             363          [(b) business and industry human resource management;]
             364          [(c) business and industry finance;]
             365          [(d) business and industry, including expertise in:]
             366          [(i) metrics and evaluation;]
             367          [(ii) manufacturing;]
             368          [(iii) retailing;]



Text Box

- 13 -
             369
         [(iv) natural resources;]
             370          [(v) information technology;]
             371          [(vi) construction;]
             372          [(vii) banking;]
             373          [(viii) science and engineering; and]
             374          [(ix) medical and healthcare;]
             375          [(e) higher education administration;]
             376          [(f) applied technology education;]
             377          [(g) public education administration;]
             378          [(h) public education instruction;]
             379          [(i) economic development;]
             380          [(j) labor; and]
             381          [(k) other life experiences that would benefit the State Board of Education.]
             382          Section 7. Section 53A-1-101 is amended to read:
             383           53A-1-101. State Board of Education -- Members.
             384          (1) [Members] A member of the State Board of Education shall be [nominated and]
             385      elected as provided in Title 20A, Chapter 14, [Nomination] Districts and Election of State and
             386      Local School Boards.
             387          (2) (a) In addition to [the members] a member designated under Subsection (1), the
             388      following members shall serve as nonvoting members of the State Board of Education:
             389          (i) two members of the State Board of Regents, appointed by the chair of the State
             390      Board of Regents;
             391          (ii) one member of the Utah College of Applied Technology Board of Trustees,
             392      appointed by the chair of the board of trustees; and
             393          (iii) one member of the State Charter School Board, appointed by the chair of the State
             394      Charter School Board.
             395          (b) A nonvoting member shall continue to serve as a member without a set term until
             396      the member is replaced by the chair of the State Board of Regents, chair of the Utah College of
             397      Applied Technology Board of Trustees, or chair of the State Charter School Board, as
             398      applicable.
             399          Section 8. Section 53A-1a-506.5 is amended to read:



Text Box

- 14 -
             400
          53A-1a-506.5. Charter school students -- Admissions procedures -- Transfers.
             401          (1) As used in this section:
             402          (a) "District school" means a public school under the control of a local school board
             403      elected [pursuant to] under Title 20A, Chapter 14, [Nomination] Districts and Election of State
             404      and Local School Boards.
             405          (b) "Nonresident school district" means a school district other than a student's school
             406      district of residence.
             407          (c) "School district of residence" means a student's school district of residence as
             408      determined under Section 53A-2-201 .
             409          (d) "School of residence" means the school to which a student is assigned to attend
             410      based on the student's place of residence.
             411          (2) (a) The [State School Board] State Board of Education, in consultation with the
             412      State Charter School Board, shall make rules describing procedures for students to follow in
             413      applying for entry into, or exiting, a charter school.
             414          (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
             415          (i) posting on a charter school's Internet website, beginning no later than 60 days before
             416      the school's initial period of applications:
             417          (A) procedures for applying for admission to the charter school;
             418          (B) (I) the school's opening date, if the school has not yet opened; or
             419          (II) the school calendar; and
             420          (C) information on how a student may transfer from a charter school to another charter
             421      school or a district school;
             422          (ii) use of standard application forms prescribed by the State Board of Education;
             423          (iii) written notification to a student's parent or legal guardian of an offer of admission;
             424          (iv) written acceptance of an offer of admission by a student's parent or legal guardian;
             425          (v) written notification to a student's current charter school or school district of
             426      residence upon acceptance of the student for enrollment in a charter school; and
             427          (vi) the admission of students, provided that the admission does not disqualify the
             428      charter school from federal funding, at:
             429          (A) any time to protect the health or safety of a student; or
             430          (B) times other than those permitted under standard policies if there are other



Text Box

- 15 -
             431
     conditions of special need that warrant consideration.
             432          (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
             433      enrolled in a charter school or who has accepted an offer of admission to a charter school from
             434      duplicating enrollment for the student in another charter school or a school district without
             435      following the withdrawal procedures described in Subsection (3).
             436          (3) The parent of a student enrolled in a charter school may withdraw the student from
             437      the charter school for enrollment in another charter school or a school district by submitting to
             438      the charter school:
             439          (a) on or before June 30, a notice of intent to enroll the student in the student's school
             440      of residence for the following school year;
             441          (b) after June 30, a letter of acceptance for enrollment in the student's school district of
             442      residence for the following year;
             443          (c) a letter of acceptance for enrollment in the student's school district of residence in
             444      the current school year;
             445          (d) a letter of acceptance for enrollment in a nonresident school district; or
             446          (e) a letter of acceptance for enrollment in a charter school.
             447          (4) (a) A charter school shall report to a school district, by the last business day of each
             448      month the aggregate number of new students, sorted by their school of residence and grade
             449      level, who have accepted enrollment in the charter school for the following school year.
             450          (b) A school district shall report to a charter school, by the last business day of each
             451      month, the aggregate number of students enrolled in the charter school who have accepted
             452      enrollment in the school district in the following school year, sorted by grade level.
             453          (5) When a vacancy occurs because a student has withdrawn from a charter school, the
             454      charter school may immediately enroll a new student from its list of applicants.
             455          (6) Unless provisions have previously been made for enrollment in another school, a
             456      charter school releasing a student from enrollment during a school year shall immediately
             457      notify the school district of residence, which shall enroll the student in the school district of
             458      residence and take additional steps as may be necessary to ensure compliance with laws
             459      governing school attendance.
             460          (7) (a) The parent of a student enrolled in a charter school may withdraw the student
             461      from the charter school for enrollment in the student's school of residence in the following



Text Box

- 16 -
             462
     school year if an application of admission is submitted to the school district of residence by
             463      June 30.
             464          (b) If the parent of a student enrolled in a charter school submits an application of
             465      admission to the student's school district of residence after June 30 for the student's enrollment
             466      in the school district of residence in the following school year, or an application of admission is
             467      submitted for enrollment during the current school year, the student may enroll in a school of
             468      the school district of residence that has adequate capacity in:
             469          (i) the student's grade level, if the student is an elementary school student; or
             470          (ii) the core classes that the student needs to take, if the student is a secondary school
             471      student.
             472          (c) State Board of Education rules made under Subsection (2)(a) shall specify how
             473      adequate capacity in a grade level or core classes is determined for the purposes of Subsection
             474      (7)(b).
             475          (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
             476      to protect the health and safety of the student.
             477          (9) A school district or charter school may charge secondary students a one-time $5
             478      processing fee, to be paid at the time of application.
             479          Section 9. Section 53A-2-119 is amended to read:
             480           53A-2-119. Reapportionment -- Local school board membership.
             481          (1) Upon the creation of a new school district, the county legislative body shall
             482      reapportion the affected school districts [pursuant to] under Section 20A-14-201 .
             483          (2) Except as provided in Section 53A-2-118.1 , school board membership in the
             484      affected school districts shall be determined under Title 20A, Chapter 14, Part 2, [Nomination
             485      and] Election of Members of Local School Boards [of Education].
             486          Section 10. Section 53A-3-101 is amended to read:
             487           53A-3-101. Selection and election of members to local school boards.
             488          [Members of local boards of education] A member of a local school board shall be
             489      elected as provided in Title 20A, Chapter 14, [Nomination] Districts and Election of State and
             490      Local School Boards.
             491          Section 11. Section 53A-11-102.5 is amended to read:
             492           53A-11-102.5. Dual enrollment.



Text Box

- 17 -
Senate Committee Amendments 3-1-2011 rd/erb
             493
         (1) "District school" means a public school under the control of a local school board
             494      elected pursuant to Title 20A, Chapter 14, [Nomination] Districts and Election of State and
             495      Local School Boards.
             496          (2) A person having control of a minor who is enrolled in a regularly established
             497      private school or a home school may also enroll the minor in a public school for dual
             498      enrollment purposes.
             499          (3) The minor may participate in any academic activity in the public school available to
             500      students in the minor's grade or age group, subject to compliance with the same rules and
             501      requirements that apply to a full-time student's participation in the activity.
             502          (4) (a) A student enrolled in a dual enrollment program in a district school is
             503      considered a student of the district in which the district school of attendance is located for
             504      purposes of state funding to the extent of the student's participation in the district school
             505      programs.
             506          (b) A student enrolled in a dual enrollment program in a charter school is considered a
             507      student of the charter school for purposes of state funding to the extent of the student's
             508      participation in the charter school programs.
             509          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             510      State Board of Education shall make rules for purposes of dual enrollment to govern and
             511      regulate the transferability of credits toward graduation that are earned in a private or home
             512      school.
             513          Section 12. Repealer.
             514          This bill repeals:
             515          Section 20A-14-105, Becoming a candidate for membership on the State Board of
             516      Education -- Selection of candidates by the governor -- Ballot placement.
             516a      S. Section 13. Coordinating S.B. 224 with H.B. 143 -- Substantive and technical amendments.
             516b      If this S.B. 224 and HB. 143, Ballot Placement Amendments, both pass, it is the intent of the
             516c      Legislature that the Office of Legislative Research and General Counsel shall prepare the Utah
             516d      Code database for publication by amending Subsection 20A-6-302(1)(c) to read:
             516e      " [(b)] (c) the names of candidates [for the State Board of Education] are placed on the ballot
             516f      [as certified by the lieutenant governor under Section 20A-14-105;] in the order specified
             516g      under Section 20A-6-305." .S





Legislative Review Note
    as of 2-22-11 7:18 PM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]