First Substitute H.B. 213

Senator Aaron Osmond proposes the following substitute bill:

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;
16 . requires the membership of a school community council to include two or more
17 parent or guardian members than the number of school employee members;
18 . requires the number of parent or guardian members of a school community council
19 who are not educators employed by the school district to exceed the number of
20 parent or guardian members who are educators employed by the school district; and
21 . makes technical amendments.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 AMENDS:
28 53A-1a-108, as last amended by Laws of Utah 2011, Chapters 45, 293, 342 and last
29 amended by Coordination Clause, Laws of Utah 2011, Chapter 293
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1a-108 is amended to read:
33 53A-1a-108. School community councils authorized -- Duties -- Composition --
34 Election procedures and selection of members.
35 (1) As used in this section:
36 (a) "Educator" has the meaning defined in Section 53A-6-103 .
37 (b) (i) "Parent or guardian member" means a member of a school community council
38 who is a parent or guardian of a student who:
39 (A) is attending the school;
40 (B) will be enrolled at the school at any time during the parent's or guardian's initial
41 term of office; or
42 (C) was enrolled at the school during the parent or guardian member's initial term of
43 office as provided in Subsection (5)(g)(iii).
44 (ii) "Parent or guardian member" may not include an educator who is employed [by the
45 school district in which the school is located unless the educator's employment does not exceed
46 an average of six hours per week] at the school.
47 (c) "School employee member" means a member of a school community council who
48 is a person employed at [a] the school by the school or school district, including the principal.
49 (2) Each public school, in consultation with its local school board, shall establish a
50 school community council at the school building level.
51 (3) (a) Each school community council shall:
52 (i) create a school improvement plan in accordance with Section 53A-1a-108.5 ;
53 (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5 ;
54 (iii) assist in the creation and implementation of a staff professional development plan
55 as provided by Section 53A-3-701 ; and
56 (iv) advise and make recommendations to school and school district administrators and

57 the local school board regarding the school and its programs, school district programs, a child
58 access routing plan in accordance with Section 53A-3-402 , and other issues relating to the
59 community environment for students.
60 (b) In addition to the duties specified in Subsection (3)(a), a school community council
61 for an elementary school shall create a reading achievement plan in accordance with Section
62 53A-1-606.5 .
63 (c) A school or school district administrator may not prohibit or discourage a school
64 community council from discussing issues, or offering advice or recommendations, regarding
65 the school and its programs, school district programs, the curriculum, or the community
66 environment for students.
67 (4) (a) Each school community council shall consist of school employee members and
68 parent or guardian members in accordance with this section.
69 (b) Except as provided in Subsection (4)(c):
70 (i) each school community council for a high school shall have six parent or guardian
71 members and [five] four school employee members, including the principal; and
72 (ii) each school community council for a school other than a high school shall have
73 four parent or guardian members and [three] two school employee members, including the
74 principal.
75 (c) (i) A school community council may have a larger membership provided that the
76 [number of] membership include two or more parent or guardian members [exceeds] than the
77 number of school employee members.
78 (ii) A school community council for a high school may have a smaller membership
79 provided that:
80 (A) the [number of] membership include two or more parent or guardian members
81 [exceeds] than the number of school employee members; and
82 (B) there are at least two school employee members on the school community council.
83 (d) (i) The number of parent or guardian members of a school community council who
84 are not educators employed by the school district shall exceed the number of parent or guardian
85 members who are educators employed by the school district.
86 (ii) If, after an election, the number of parent or guardian members who are not
87 educators employed by the school district does not exceed the number of parent or guardian

88 members who are educators employed by the school district, the parent or guardian members of
89 the school community council shall appoint one or more parent or guardian members to the
90 school community council so that the number of parent or guardian members who are not
91 educators employed by the school district exceeds the number of parent or guardian members
92 who are educators employed by the school district.
93 (5) (a) Each school employee member, except the principal, shall be elected by secret
94 ballot by a majority vote of the school employees and serve a two-year term. The principal
95 shall serve as an ex officio member with full voting privileges.
96 (b) (i) Each parent or guardian member shall be elected by secret ballot at an election
97 held at the school by a majority vote of those voting at the election and serve a two-year term.
98 (ii) Only parents or guardians of students attending the school may vote at the election
99 under Subsection (5)(b)(i).
100 (iii) Any parent or guardian of a student who meets the qualifications of this section
101 may file or declare himself as a candidate for election to a school community council.
102 (iv) An election for the parent or guardian members of a school community council
103 shall:
104 (A) extend for a period of at least three consecutive school days; and
105 (B) commence no later than 30 days after the first day of the school year.
106 (c) (i) The principal of the school, or the principal's designee, shall provide notice of
107 the available community council positions to school employees, parents, and guardians at least
108 21 days before the date that voting commences for the elections held under Subsections (5)(a)
109 and (5)(b).
110 (ii) The notice shall include:
111 (A) the dates and times of the elections;
112 (B) a list of council positions that are up for election; and
113 (C) instructions for becoming a candidate for a community council position.
114 (iii) The principal of the school, or the principal's designee, shall oversee the elections
115 held under Subsections (5)(a) and (5)(b).
116 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
117 secure ballot box.
118 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made

119 available to the public upon request.
120 (e) (i) If a parent or guardian position on a school community council remains unfilled
121 after an election is held, the other parent or guardian members of the council shall appoint a
122 parent or guardian who meets the qualifications of this section to fill the position.
123 (ii) If a school employee position on a school community council remains unfilled after
124 an election is held, the other school employee members of the council shall appoint a school
125 employee to fill the position.
126 (iii) The cochairs or chair of the community council shall notify the local school board
127 of each appointment made under Subsection (5)(e)(i) or (ii).
128 (iv) A member appointed to a school community council under Subsection (5)(e)(i) or
129 (ii) shall serve a two-year term.
130 (f) Initial terms shall be staggered so that no more than 50% of the council members
131 stand for election in any one year.
132 (g) (i) Each public school, in consultation with its local school board, shall set the
133 beginning date of the term of office for school community council members.
134 (ii) A school community council member may serve up to three successive terms.
135 (iii) If a parent or guardian member's child is enrolled in the school at any time during
136 the parent or guardian member's initial term of office, the parent or guardian member may
137 serve up to three successive terms even though the parent or guardian member's child is no
138 longer enrolled in the school.
139 (h) Each school community council shall elect:
140 (i) two cochairs from its parent or guardian members or one cochair from its parent or
141 guardian members and one cochair from its elected employee members; or
142 (ii) a chair and a vice chair from its parent or guardian members.
143 (6) (a) A school community council may create subcommittees or task forces to:
144 (i) advise or make recommendations to the council; or
145 (ii) develop all or part of a plan listed in Subsection (3).
146 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
147 subject to the approval of the school community council.
148 (c) A school community council may appoint individuals who are not council members
149 to serve on a subcommittee or task force, including parents, school employees, or other

150 community members.
151 (7) (a) A school community council shall provide the following information:
152 (i) the proposed school community council meeting schedule for the year, provided
153 during the first two weeks of the school year;
154 (ii) a summary of the school community council's actions and activities during the first
155 half of the school year information, provided at the mid-point of the school year;
156 (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
157 school's School LAND Trust Program money was used to enhance or improve academic
158 excellence at the school and implement a component of the school's improvement plan,
159 provided at the beginning of the next school year; and
160 (iv) a telephone number, if available, and email address, if available, where each
161 community council member can be reached directly.
162 (b) The school community council shall provide the information described in
163 Subsection (7)(a) by:
164 (i) posting the information on the school's website; and
165 (ii) providing individual delivery to each household that has a student attending the
166 school by:
167 (A) mailing the information;
168 (B) delivering a voice message describing the information and explaining where to
169 obtain the full information;
170 (C) sending an e-mail message containing the information;
171 (D) providing the information in a packet that is to be delivered to a student's parent or
172 guardian:
173 (I) during the school's annual registration period; or
174 (II) with the student's report card; or
175 (E) using a combination of the methods described in Subsections (7)(b)(ii)(A) through
176 (D).
177 (8) A school community council shall, at least one week prior to a meeting, post the
178 following information on the school's website:
179 (a) notice of the meeting date, time, and place;
180 (b) an agenda for the meeting; and

181 (c) a summary of the previous meeting.
182 (9) (a) A majority of the members of a school community council is a quorum for the
183 transaction of business.
184 (b) The action of a majority of the members of a quorum is the action of the school
185 community council.
186 (10) A local school board shall give each school community council member a copy of
187 the following statutes governing school community councils:
188 (a) Section 53A-1a-108 ;
189 (b) Section 53A-1a-108.5 ; and
190 (c) Section 53A-16-101 .5.