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H.B. 213

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 3, 2012 at 12:12 PM by lerror. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 2, 2012 at 10:16 AM by cmillar. -->              1     

SCHOOL COMMUNITY COUNCIL MEMBER

             2     
QUALIFICATIONS

             3     
2012 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Lee B. Perry

             6     
Senate Sponsor: Aaron Osmond

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies provisions relating to the membership of a school community
             11      council.
             12      Highlighted Provisions:
             13          This bill:
             14          .    modifies the qualifications for a parent or guardian member of a school community
             15      council; H. [ and ]
             15a          . requires the membership of a school community council to include two or more
             15b      parent or guardian members than the number of school employee members; and .H
             16          .    makes technical amendments.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          53A-1a-108, as last amended by Laws of Utah 2011, Chapters 45, 293, 342 and last
             24      amended by Coordination Clause, Laws of Utah 2011, Chapter 293
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 53A-1a-108 is amended to read:


             28           53A-1a-108. School community councils authorized -- Duties -- Composition --
             29      Election procedures and selection of members.
             30          (1) As used in this section:
             31          (a) "Educator" has the meaning defined in Section 53A-6-103 .
             32          (b) (i) "Parent or guardian member" means a member of a school community council
             33      who is a parent or guardian of a student who:
             34          (A) is attending the school;
             35          (B) will be enrolled at the school at any time during the parent's or guardian's initial
             36      term of office; or
             37          (C) was enrolled at the school during the parent or guardian member's initial term of
             38      office as provided in Subsection (5)(g)(iii).
             39          (ii) "Parent or guardian member" may not include an educator who is employed [by the
             40      school district in which the school is located unless the educator's employment does not exceed
             41      an average of six hours per week] at the school.
             42          (c) "School employee member" means a member of a school community council who
             43      is a person employed at [a] the school by the school or school district, including the principal.
             44          (2) Each public school, in consultation with its local school board, shall establish a
             45      school community council at the school building level.
             46          (3) (a) Each school community council shall:
             47          (i) create a school improvement plan in accordance with Section 53A-1a-108.5 ;
             48          (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5 ;
             49          (iii) assist in the creation and implementation of a staff professional development plan
             50      as provided by Section 53A-3-701 ; and
             51          (iv) advise and make recommendations to school and school district administrators and
             52      the local school board regarding the school and its programs, school district programs, a child
             53      access routing plan in accordance with Section 53A-3-402 , and other issues relating to the
             54      community environment for students.
             55          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             56      for an elementary school shall create a reading achievement plan in accordance with Section
             57      53A-1-606.5 .
             58          (c) A school or school district administrator may not prohibit or discourage a school


             59      community council from discussing issues, or offering advice or recommendations, regarding
             60      the school and its programs, school district programs, the curriculum, or the community
             61      environment for students.
             62          (4) (a) Each school community council shall consist of school employee members and
             63      parent or guardian members in accordance with this section.
             64          (b) Except as provided in Subsection (4)(c):
             65          (i) each school community council for a high school shall have six parent or guardian
             66      members and H. [ five ] four .H school employee members, including the principal; and
             67          (ii) each school community council for a school other than a high school shall have
             68      four parent or guardian members and H. [ three ] two .H school employee members, including the
             68a      principal.
             69          (c) (i) A school community council may have a larger membership provided that the
             70      H. [ number of ] membership include two or more .H parent or guardian members
             70a      H. [ exceeds ] than .H the number of school employee members.
             71          (ii) A school community council H. for a high school .H may have a smaller
             71a      membership provided that:
             72          (A) the H. [ number of ] membership include two or more .H parent or guardian
             72a      members H. [ exceeds ] than the .H the number of school employee
             73      members; and
             74          (B) there are at least two school employee members on the school community council.
             74a      S. (d) Of the parent and guardian members on a school community council, no more than
             74b      one parent and guardian member may be an educator employed by the school district in which
             74c      the school is located. .S
             75          (5) (a) Each school employee member, except the principal, shall be elected by secret
             76      ballot by a majority vote of the school employees and serve a two-year term. The principal
             77      shall serve as an ex officio member with full voting privileges.
             78          (b) (i) Each parent or guardian member shall be elected by secret ballot at an election
             79      held at the school by a majority vote of those voting at the election and serve a two-year term.
             80          (ii) Only parents or guardians of students attending the school may vote at the election
             81      under Subsection (5)(b)(i).
             82          (iii) Any parent or guardian of a student who meets the qualifications of this section
             83      may file or declare himself as a candidate for election to a school community council.
             84          (iv) An election for the parent or guardian members of a school community council
             85      shall:
             86          (A) extend for a period of at least three consecutive school days; and
             87          (B) commence no later than 30 days after the first day of the school year.
             88          (c) (i) The principal of the school, or the principal's designee, shall provide notice of


             89      the available community council positions to school employees, parents, and guardians at least


             90      21 days before the date that voting commences for the elections held under Subsections (5)(a)
             91      and (5)(b).
             92          (ii) The notice shall include:
             93          (A) the dates and times of the elections;
             94          (B) a list of council positions that are up for election; and
             95          (C) instructions for becoming a candidate for a community council position.
             96          (iii) The principal of the school, or the principal's designee, shall oversee the elections
             97      held under Subsections (5)(a) and (5)(b).
             98          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
             99      secure ballot box.
             100          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             101      available to the public upon request.
             102          (e) (i) If a parent or guardian position on a school community council remains unfilled
             103      after an election is held, the other parent or guardian members of the council shall appoint a
             104      parent or guardian who meets the qualifications of this section to fill the position.
             105          (ii) If a school employee position on a school community council remains unfilled after
             106      an election is held, the other school employee members of the council shall appoint a school
             107      employee to fill the position.
             108          (iii) The cochairs or chair of the community council shall notify the local school board
             109      of each appointment made under Subsection (5)(e)(i) or (ii).
             110          (iv) A member appointed to a school community council under Subsection (5)(e)(i) or
             111      (ii) shall serve a two-year term.
             112          (f) Initial terms shall be staggered so that no more than 50% of the council members
             113      stand for election in any one year.
             114          (g) (i) Each public school, in consultation with its local school board, shall set the
             115      beginning date of the term of office for school community council members.
             116          (ii) A school community council member may serve up to three successive terms.
             117          (iii) If a parent or guardian member's child is enrolled in the school at any time during
             118      the parent or guardian member's initial term of office, the parent or guardian member may
             119      serve up to three successive terms even though the parent or guardian member's child is no
             120      longer enrolled in the school.


             121          (h) Each school community council shall elect:
             122          (i) two cochairs from its parent or guardian members or one cochair from its parent or
             123      guardian members and one cochair from its elected employee members; or
             124          (ii) a chair and a vice chair from its parent or guardian members.
             125          (6) (a) A school community council may create subcommittees or task forces to:
             126          (i) advise or make recommendations to the council; or
             127          (ii) develop all or part of a plan listed in Subsection (3).
             128          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             129      subject to the approval of the school community council.
             130          (c) A school community council may appoint individuals who are not council members
             131      to serve on a subcommittee or task force, including parents, school employees, or other
             132      community members.
             133          (7) (a) A school community council shall provide the following information:
             134          (i) the proposed school community council meeting schedule for the year, provided
             135      during the first two weeks of the school year;
             136          (ii) a summary of the school community council's actions and activities during the first
             137      half of the school year information, provided at the mid-point of the school year;
             138          (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
             139      school's School LAND Trust Program money was used to enhance or improve academic
             140      excellence at the school and implement a component of the school's improvement plan,
             141      provided at the beginning of the next school year; and
             142          (iv) a telephone number, if available, and email address, if available, where each
             143      community council member can be reached directly.
             144          (b) The school community council shall provide the information described in
             145      Subsection (7)(a) by:
             146          (i) posting the information on the school's website; and
             147          (ii) providing individual delivery to each household that has a student attending the
             148      school by:
             149          (A) mailing the information;
             150          (B) delivering a voice message describing the information and explaining where to
             151      obtain the full information;


             152          (C) sending an e-mail message containing the information;
             153          (D) providing the information in a packet that is to be delivered to a student's parent or
             154      guardian:
             155          (I) during the school's annual registration period; or
             156          (II) with the student's report card; or
             157          (E) using a combination of the methods described in Subsections (7)(b)(ii)(A) through
             158      (D).
             159          (8) A school community council shall, at least one week prior to a meeting, post the
             160      following information on the school's website:
             161          (a) notice of the meeting date, time, and place;
             162          (b) an agenda for the meeting; and
             163          (c) a summary of the previous meeting.
             164          (9) (a) A majority of the members of a school community council is a quorum for the
             165      transaction of business.
             166          (b) The action of a majority of the members of a quorum is the action of the school
             167      community council.
             168          (10) A local school board shall give each school community council member a copy of
             169      the following statutes governing school community councils:
             170          (a) Section 53A-1a-108 ;
             171          (b) Section 53A-1a-108.5 ; and
             172          (c) Section 53A-16-101 .5.




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    as of 12-8-11 10:33 AM


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