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H.B. 306

             1     

SCHOOL LAND TRUST PROGRAM AMENDMENTS

             2     
2013 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Lee B. Perry

             5     
Senate Sponsor: Aaron Osmond

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to the School LAND Trust Program.
             10      Highlighted Provisions:
             11          This bill:
             12          .    specifies the purpose of a school community council;
             13          .    allows a school community council to determine the size of the council, subject to
             14      certain requirements;
             15          .    modifies the time period for holding a school community council election;
             16          .    provides that a school community council election is not required to be held if the
             17      number of candidates filing for election is less than or equal to the number of open
             18      positions;
             19          .    modifies provisions regarding the term of office of a school community council
             20      member;
             21          .    modifies provisions regarding the selection of a vice chair of a school community
             22      council;
             23          .    requires a local school board to provide training for a school community council
             24      each year;
             25          .    modifies requirements for providing information about a school community council
             26      to households of students attending the school;
             27          .    requires a charter school governing board to establish a council, which shall prepare


             28      a plan for the use of School LAND Trust Program money;
             29          .    modifies a formula for distributing money under the School LAND Trust Program
             30      to public schools;
             31          .    eliminates provisions regarding the audit of school community councils by the
             32      Legislative Auditor General; and
             33          .    makes technical amendments.
             34      Money Appropriated in this Bill:
             35          None
             36      Other Special Clauses:
             37          None
             38      Utah Code Sections Affected:
             39      AMENDS:
             40          53A-1a-108, as last amended by Laws of Utah 2012, Chapters 168 and 277
             41          53A-1a-108.1, as enacted by Laws of Utah 2012, Chapter 277
             42          53A-3-402, as last amended by Laws of Utah 2010, Chapters 90, 244, and 395
             43          53A-16-101.5, as last amended by Laws of Utah 2012, Chapter 224
             44          63G-2-301, as last amended by Laws of Utah 2012, Chapter 377
             45     
             46      Be it enacted by the Legislature of the state of Utah:
             47          Section 1. Section 53A-1a-108 is amended to read:
             48           53A-1a-108. School community councils -- Duties -- Composition -- Election
             49      procedures and selection of members.
             50          (1) As used in this section:
             51          (a) "Educator" has the meaning defined in Section 53A-6-103 .
             52          (b) (i) "Parent or guardian member" means a member of a school community council
             53      who is a parent or guardian of a student who:
             54          (A) is attending the school; or
             55          (B) will be enrolled at the school [at any time] during the parent's or guardian's [initial]
             56      term of office[; or].
             57          [(C) was enrolled at the school during the parent or guardian member's initial term of
             58      office as provided in Subsection (5)(g)(iii).]


             59          (ii) "Parent or guardian member" may not include an educator who is employed at the
             60      school.
             61          (c) "School employee member" means a member of a school community council who
             62      is a person employed at the school by the school or school district, including the principal.
             63          (d) "School LAND Trust Program money" means money allocated to a school pursuant
             64      to Section 53A-16-101.5 .
             65          (2) Each public school, in consultation with its local school board, shall establish a
             66      school community council at the school building level[.] for the purpose of:
             67          (a) involving parents or guardians of students in decision making at the school level;
             68          (b) improving the education of students;
             69          (c) prudently expending School LAND Trust Program money for the improvement of
             70      students' education through collaboration among parents and guardians, school employees, and
             71      the local school board; and
             72          (d) increasing public awareness of:
             73          (i) school trust lands and related land policies;
             74          (ii) management of the State School Fund established in Utah Constitution Article X,
             75      Section V; and
             76          (iii) educational excellence.
             77          (3) (a) [Each] Except as provided in Subsection (3)(b), a school community council
             78      shall:
             79          (i) create a school improvement plan in accordance with Section 53A-1a-108.5 ;
             80          (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5 ;
             81          (iii) assist in the creation and implementation of a staff professional development plan
             82      as provided by Section 53A-3-701 ; and
             83          (iv) advise and make recommendations to school and school district administrators and
             84      the local school board regarding the school and its programs, school district programs, a child
             85      access routing plan in accordance with Section 53A-3-402 , and other issues relating to the
             86      community environment for students.
             87          (b) In addition to the duties specified in Subsection (3)(a), a school community council
             88      for an elementary school shall create a reading achievement plan in accordance with Section
             89      53A-1-606.5 .


             90          (c) A school or school district administrator may not prohibit or discourage a school
             91      community council from discussing issues, or offering advice or recommendations, regarding
             92      the school and its programs, school district programs, the curriculum, or the community
             93      environment for students.
             94          (4) (a) Each school community council shall consist of school employee members and
             95      parent or guardian members in accordance with this section.
             96          (b) Except as provided in Subsection (4)(c) or (d):
             97          (i) each school community council for a high school shall have six parent or guardian
             98      members and four school employee members, including the principal; and
             99          (ii) each school community council for a school other than a high school shall have
             100      four parent or guardian members and two school employee members, including the principal.
             101          [(c) (i) A school community council may have a larger membership provided that the
             102      membership include two or more parent or guardian members than the number of school
             103      employee members.]
             104          [(ii) A school community council for a high school may have a smaller membership
             105      provided that:]
             106          (c) A school community council may determine the size of the school community by a
             107      majority vote of a quorum of the school community council provided that:
             108          [(A)] (i) the membership [include] includes two or more parent or guardian members
             109      than the number of school employee members; and
             110          [(B)] (ii) there are at least two school employee members on the school community
             111      council.
             112          (d) (i) The number of parent or guardian members of a school community council who
             113      are not educators employed by the school district shall exceed the number of parent or guardian
             114      members who are educators employed by the school district.
             115          (ii) If, after an election, the number of parent or guardian members who are not
             116      educators employed by the school district does not exceed the number of parent or guardian
             117      members who are educators employed by the school district, the parent or guardian members of
             118      the school community council shall appoint one or more parent or guardian members to the
             119      school community council so that the number of parent or guardian members who are not
             120      educators employed by the school district exceeds the number of parent or guardian members


             121      who are educators employed by the school district.
             122          (5) (a) [Each] Except as provided in Subsection (5)(f), a school employee member,
             123      [except] other than the principal, shall be elected by secret ballot by a majority vote of the
             124      school employees and serve a two-year term. The principal shall serve as an ex officio member
             125      with full voting privileges.
             126          (b) (i) [Each] Except as provided in Subsection (5)(f), a parent or guardian member
             127      shall be elected by secret ballot at an election held at the school by a majority vote of those
             128      voting at the election and serve a two-year term.
             129          (ii) Only parents or guardians of students attending the school may vote at the election
             130      under Subsection (5)(b)(i).
             131          (iii) Any parent or guardian of a student who meets the qualifications of this section
             132      may file or declare [himself as a candidate] the parent or guardian's candidacy for election to a
             133      school community council.
             134          (iv) [An] (A) Subject to Subsection (5)(b)(iv)(B), a timeline for the election [for the] of
             135      parent or guardian members of a school community council shall[:] be established by a local
             136      school board for the schools within the school district.
             137          (B) An election for the parent or guardian members of a school community council
             138      shall be held near the beginning of the school year and completed before October 15.
             139          [(A) extend for a period of at least three consecutive school days; and]
             140          [(B) begin within the first 30 days of the school year; and]
             141          [(C) end no later than 35 days after the first day of the school year.]
             142          (c) (i) The principal of the school, or the principal's designee, shall provide notice of
             143      the available community council positions to school employees, parents, and guardians at least
             144      10 days before the date that voting commences for the elections held under Subsections (5)(a)
             145      and (5)(b).
             146          (ii) The notice shall include:
             147          (A) the dates and times of the elections;
             148          (B) a list of council positions that are up for election; and
             149          (C) instructions for becoming a candidate for a community council position.
             150          (iii) The principal of the school, or the principal's designee, shall oversee the elections
             151      held under Subsections (5)(a) and (5)(b).


             152          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
             153      secure ballot box.
             154          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
             155      available to the public upon request.
             156          (e) (i) If a parent or guardian position on a school community council remains unfilled
             157      after an election is held, the other parent or guardian members of the council shall appoint a
             158      parent or guardian who meets the qualifications of this section to fill the position.
             159          (ii) If a school employee position on a school community council remains unfilled after
             160      an election is held, the other school employee members of the council shall appoint a school
             161      employee to fill the position.
             162          [(iii) The cochairs or chair of the community council shall notify the local school board
             163      of each appointment made under Subsection (5)(e)(i) or (ii).]
             164          [(iv)] (iii) A member appointed to a school community council under Subsection
             165      (5)(e)(i) or (ii) shall serve a two-year term.
             166          (f) (i) If the number of candidates who file for a parent or guardian position or school
             167      employee position on a school community council is less than or equal to the number of open
             168      positions, an election is not required.
             169          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
             170      position remains unfilled, the other parent or guardian members of the council shall appoint a
             171      parent or guardian who meets the qualifications of this section to fill the position.
             172          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
             173      position remains unfilled, the other school employee members of the council shall appoint a
             174      school employee who meets the qualifications of this section to fill the position.
             175          (g) The principal shall enter the names of the council members on the School LAND
             176      Trust website on or before November 15 each year, pursuant to Section 53A-1a-108.1 .
             177          [(f) Initial terms] (h) Terms shall be staggered so that [no more than 50%]
             178      approximately half of the council members stand for election [in any one] each year.
             179          [(g) (i) Each public school, in consultation with its local school board, shall set the
             180      beginning date of the term of office for school community council members.]
             181          [(ii)] (i) A school community council member may serve [up to three] successive terms
             182      provided the member continues to meet the definition of a parent or guardian member or


             183      school employee member as specified in Subsection (1).
             184          [(iii) If a parent or guardian member's child is enrolled in the school at any time during
             185      the parent or guardian member's initial term of office, the parent or guardian member may
             186      serve up to three successive terms even though the parent or guardian member's child is no
             187      longer enrolled in the school.]
             188          [(h)] (j) Each school community council shall elect:
             189          [(i) two cochairs from its parent or guardian members or one cochair from its parent or
             190      guardian members and one cochair from its elected employee members; or]
             191          [(ii)] (i) a chair [and a vice chair] from its parent or guardian members[.]; and
             192          (ii) a vice chair from either its parent or guardian members or school employee
             193      members, excluding the principal.
             194          (6) (a) A school community council may create subcommittees or task forces to:
             195          (i) advise or make recommendations to the council; or
             196          (ii) develop all or part of a plan listed in Subsection (3).
             197          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
             198      subject to the approval of the school community council.
             199          (c) A school community council may appoint individuals who are not council members
             200      to serve on a subcommittee or task force, including parents, school employees, or other
             201      community members.
             202          (7) (a) A majority of the members of a school community council is a quorum for the
             203      transaction of business.
             204          (b) The action of a majority of the members of a quorum is the action of the school
             205      community council.
             206          (8) A local school board shall [give each school community council member a copy of]
             207      provide training for a school community council each year, including training:
             208          (a) for the chair and vice chair about their responsibilities;
             209          (b) on resources available on the School LAND Trust website; and
             210          (c) on the following statutes governing school community councils:
             211          [(a)] (i) Section 53A-1a-108 ;
             212          [(b)] (ii) Section 53A-1a-108.1 ;
             213          [(c)] (iii) Section 53A-1a-108.5 ; and


             214          [(d)] (iv) Section 53A-16-101.5 .
             215          Section 2. Section 53A-1a-108.1 is amended to read:
             216           53A-1a-108.1. School community councils -- Open and public meeting
             217      requirements.
             218          (1) A school community council established under Section 53A-1a-108 :
             219          (a) shall conduct deliberations and take action openly as provided in this section; and
             220          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
             221          (2) [The chair of a school community council] As required by Section 53A-1a-108 , a
             222      local school board shall [ensure that] provide training for the members of [the] a school
             223      community council [are provided with annual training on the requirements of] on this section.
             224          (3) (a) A meeting of a school community council is open to the public.
             225          (b) A school community council may not close any portion of a meeting.
             226          (4) A school community council shall, at least one week prior to a meeting, post the
             227      following information on the school's website:
             228          (a) a notice of the meeting, time, and place;
             229          (b) an agenda for the meeting; and
             230          (c) the minutes of the previous meeting.
             231          (5) (a) [A school community council] On or before November 15, a principal shall
             232      [provide] post the following information [within the first six weeks of the school year] on the
             233      school website and in the school office:
             234          (i) the proposed school community council meeting schedule for the year; [and]
             235          (ii) [either] a telephone number or email address, or both, where each school
             236      community council member can be reached directly[.]; and
             237          [(b)] (iii) [On or before November 15, a school community council shall provide] a
             238      summary of the annual report required under Section 53A-16-101.5 on how the school's School
             239      LAND Trust Program money was used to enhance or improve academic excellence at the
             240      school and implement a component of the school's improvement plan.
             241          [(c) The school community council shall provide the information described in
             242      Subsections (5)(a) and (b) by:]
             243          [(i) posting the information on the school's website; and]
             244          [(ii) providing individual delivery to each household that has a student attending the


             245      school by:]
             246          [(A) mailing the information;]
             247          [(B) delivering a voice message describing the information and explaining where to
             248      obtain the full information;]
             249          [(C) sending an email message containing the information;]
             250          [(D) providing the information in a packet that is to be delivered to a student's parent or
             251      guardian during the school's annual registration period or with the student's report card; or]
             252          [(E) using a combination of the methods described in Subsections (5)(b)(ii)(A) through
             253      (D).]
             254          (b) (i) A school community council shall identify and use methods of providing the
             255      information listed in Subsection (5)(a) to a parent or guardian who does not have Internet
             256      access.
             257          (ii) Money allocated to a school under the School LAND Trust Program created in
             258      Section 53A-16-101.5 may not be used to provide information as required by Subsection
             259      (5)(b)(i).
             260          (6) (a) The notice requirement of Subsection (4) may be disregarded if:
             261          (i) because of unforeseen circumstances it is necessary for a school community council
             262      to hold an emergency meeting to consider matters of an emergency or urgent nature; and
             263          (ii) the school community council gives the best notice practicable of:
             264          (A) the time and place of the emergency meeting; and
             265          (B) the topics to be considered at the emergency meeting.
             266          (b) An emergency meeting of a school community council may not be held unless:
             267          (i) an attempt has been made to notify all the members of the school community
             268      council; and
             269          (ii) a majority of the members of the school community council approve the meeting.
             270          (7) (a) An agenda required under Subsection (4)(b) shall provide reasonable specificity
             271      to notify the public as to the topics to be considered at the meeting.
             272          (b) Each topic described in Subsection (7)(a) shall be listed under an agenda item on
             273      the meeting agenda.
             274          (c) A school community council may not take final action on a topic in a meeting
             275      unless the topic is:


             276          (i) listed under an agenda item as required by Subsection (7)(b); and
             277          (ii) included with the advance public notice required by Subsection (4).
             278          (8) (a) Written minutes shall be kept of a school community council meeting.
             279          (b) Written minutes of a school community council meeting shall include:
             280          (i) the date, time, and place of the meeting;
             281          (ii) the names of members present and absent;
             282          (iii) a brief statement of the matters proposed, discussed, or decided;
             283          (iv) a record, by individual member, of each vote taken;
             284          (v) the name of each person who:
             285          (A) is not a member of the school community council; and
             286          (B) after being recognized by the chair, provided testimony or comments to the school
             287      community council;
             288          (vi) the substance, in brief, of the testimony or comments provided by the public under
             289      Subsection (8)(b)(v); and
             290          (vii) any other information that is a record of the proceedings of the meeting that any
             291      member requests be entered in the minutes.
             292          (c) The written minutes of a school community council meeting:
             293          (i) are a public record under Title 63G, Chapter 2, Government Records Access and
             294      Management Act[, as follows:]; and
             295          [(i) written minutes that have been prepared in a form awaiting only formal approval
             296      by the school community council are a public record;]
             297          [(ii) written minutes shall be posted on the school's website as provided in Subsection
             298      (4);]
             299          [(iii) written minutes that are made available to the public before approval by the
             300      school community council shall be clearly identified as "awaiting formal approval" or
             301      "unapproved" or with some other appropriate notice that the written minutes are subject to
             302      change until formally approved;]
             303          [(iv) written minutes are the official record of action taken at the meeting; and]
             304          [(v) the written minutes of a school community council]
             305          (ii) shall be retained for three years.
             306          (9) (a) As used in this Subsection (9), "rules of order and procedure" means a set of


             307      rules that govern and prescribe in a public meeting:
             308          (i) parliamentary order and procedure;
             309          (ii) ethical behavior; and
             310          (iii) civil discourse.
             311          (b) A school community council shall:
             312          (i) adopt rules of order and procedure to govern a public meeting of the school
             313      community council;
             314          (ii) conduct a public meeting in accordance with the rules of order and procedure
             315      described in Subsection (9)(b)(i); and
             316          (iii) make the rules of order and procedure described in Subsection (9)(b)(i) available
             317      to the public:
             318          (A) at each public meeting of the school community council; and
             319          (B) on the school's website.
             320          Section 3. Section 53A-3-402 is amended to read:
             321           53A-3-402. Powers and duties generally.
             322          (1) Each local school board shall:
             323          (a) implement the core curriculum utilizing instructional materials that best correlate to
             324      the core curriculum and graduation requirements;
             325          (b) administer tests, required by the State Board of Education, which measure the
             326      progress of each student, and coordinate with the state superintendent and State Board of
             327      Education to assess results and create plans to improve the student's progress which shall be
             328      submitted to the State Office of Education for approval;
             329          (c) use progress-based assessments as part of a plan to identify schools, teachers, and
             330      students that need remediation and determine the type and amount of federal, state, and local
             331      resources to implement remediation;
             332          (d) develop early warning systems for students or classes failing to make progress;
             333          (e) work with the State Office of Education to establish a library of documented best
             334      practices, consistent with state and federal regulations, for use by the local districts; and
             335          (f) implement training programs for school administrators, including basic
             336      management training, best practices in instructional methods, budget training, staff
             337      management, managing for learning results and continuous improvement, and how to help


             338      every child achieve optimal learning in core academics.
             339          (2) Local school boards shall spend minimum school program funds for programs and
             340      activities for which the State Board of Education has established minimum standards or rules
             341      under Section 53A-1-402 .
             342          (3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
             343      and equipment and construct, erect, and furnish school buildings.
             344          (b) School sites or buildings may only be conveyed or sold on board resolution
             345      affirmed by at least two-thirds of the members.
             346          (4) (a) A board may participate in the joint construction or operation of a school
             347      attended by children residing within the district and children residing in other districts either
             348      within or outside the state.
             349          (b) Any agreement for the joint operation or construction of a school shall:
             350          (i) be signed by the president of the board of each participating district;
             351          (ii) include a mutually agreed upon pro rata cost; and
             352          (iii) be filed with the State Board of Education.
             353          (5) A board may establish, locate, and maintain elementary, secondary, and applied
             354      technology schools.
             355          (6) Except as provided in Section 53A-1-1001 , a board may enroll children in school
             356      who are at least five years of age before September 2 of the year in which admission is sought.
             357          (7) A board may establish and support school libraries.
             358          (8) A board may collect damages for the loss, injury, or destruction of school property.
             359          (9) A board may authorize guidance and counseling services for children and their
             360      parents or guardians prior to, during, or following enrollment of the children in schools.
             361          (10) (a) A board shall administer and implement federal educational programs in
             362      accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
             363          (b) Federal funds are not considered funds within the school district budget under Title
             364      53A, Chapter 19, School District Budgets.
             365          (11) (a) A board may organize school safety patrols and adopt rules under which the
             366      patrols promote student safety.
             367          (b) A student appointed to a safety patrol shall be at least 10 years old and have written
             368      parental consent for the appointment.


             369          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
             370      of a highway intended for vehicular traffic use.
             371          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             372      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
             373      the program by virtue of the organization, maintenance, or operation of a school safety patrol.
             374          (12) (a) A board may on its own behalf, or on behalf of an educational institution for
             375      which the board is the direct governing body, accept private grants, loans, gifts, endowments,
             376      devises, or bequests that are made for educational purposes.
             377          (b) These contributions are not subject to appropriation by the Legislature.
             378          (13) (a) A board may appoint and fix the compensation of a compliance officer to issue
             379      citations for violations of Subsection 76-10-105 (2).
             380          (b) A person may not be appointed to serve as a compliance officer without the
             381      person's consent.
             382          (c) A teacher or student may not be appointed as a compliance officer.
             383          (14) A board shall adopt bylaws and rules for its own procedures.
             384          (15) (a) A board shall make and enforce rules necessary for the control and
             385      management of the district schools.
             386          (b) All board rules and policies shall be in writing, filed, and referenced for public
             387      access.
             388          (16) A board may hold school on legal holidays other than Sundays.
             389          (17) (a) Each board shall establish for each school year a school traffic safety
             390      committee to implement this Subsection (17).
             391          (b) The committee shall be composed of one representative of:
             392          (i) the schools within the district;
             393          (ii) the Parent Teachers' Association of the schools within the district;
             394          (iii) the municipality or county;
             395          (iv) state or local law enforcement; and
             396          (v) state or local traffic safety engineering.
             397          (c) The committee shall:
             398          (i) receive suggestions from school community councils, parents, teachers, and others
             399      and recommend school traffic safety improvements, boundary changes to enhance safety, and


             400      school traffic safety program measures;
             401          (ii) review and submit annually to the Department of Transportation and affected
             402      municipalities and counties a child access routing plan for each elementary, middle, and junior
             403      high school within the district;
             404          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             405      provide training to all school children in kindergarten through grade six, within the district, on
             406      school crossing safety and use; and
             407          (iv) help ensure the district's compliance with rules made by the Department of
             408      Transportation under Section 41-6a-303 .
             409          (d) The committee may establish subcommittees as needed to assist in accomplishing
             410      its duties under Subsection (17)(c).
             411          [(e) The board shall require the school community council of each elementary, middle,
             412      and junior high school within the district to develop and submit annually to the committee a
             413      child access routing plan.]
             414          (18) (a) Each school board shall adopt and implement a comprehensive emergency
             415      response plan to prevent and combat violence in its public schools, on school grounds, on its
             416      school vehicles, and in connection with school-related activities or events.
             417          (b) The board shall implement its plan by July 1, 2000.
             418          (c) The plan shall:
             419          (i) include prevention, intervention, and response components;
             420          (ii) be consistent with the student conduct and discipline policies required for school
             421      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             422          (iii) require inservice training for all district and school building staff on what their
             423      roles are in the emergency response plan; and
             424          (iv) provide for coordination with local law enforcement and other public safety
             425      representatives in preventing, intervening, and responding to violence in the areas and activities
             426      referred to in Subsection (18)(a).
             427          (d) The State Board of Education, through the state superintendent of public
             428      instruction, shall develop comprehensive emergency response plan models that local school
             429      boards may use, where appropriate, to comply with Subsection (18)(a).
             430          (e) Each local school board shall, by July 1 of each year, certify to the State Board of


             431      Education that its plan has been practiced at the school level and presented to and reviewed by
             432      its teachers, administrators, students, and their parents and local law enforcement and public
             433      safety representatives.
             434          (19) (a) Each local school board may adopt an emergency response plan for the
             435      treatment of sports-related injuries that occur during school sports practices and events.
             436          (b) The plan may be implemented by each secondary school in the district that has a
             437      sports program for students.
             438          (c) The plan may:
             439          (i) include emergency personnel, emergency communication, and emergency
             440      equipment components;
             441          (ii) require inservice training on the emergency response plan for school personnel who
             442      are involved in sports programs in the district's secondary schools; and
             443          (iii) provide for coordination with individuals and agency representatives who:
             444          (A) are not employees of the school district; and
             445          (B) would be involved in providing emergency services to students injured while
             446      participating in sports events.
             447          (d) The board, in collaboration with the schools referred to in Subsection (19)(b), may
             448      review the plan each year and make revisions when required to improve or enhance the plan.
             449          (e) The State Board of Education, through the state superintendent of public
             450      instruction, shall provide local school boards with an emergency plan response model that local
             451      boards may use to comply with the requirements of this Subsection (19).
             452          (20) A board shall do all other things necessary for the maintenance, prosperity, and
             453      success of the schools and the promotion of education.
             454          (21) (a) Before closing a school or changing the boundaries of a school, a board shall:
             455          (i) hold a public hearing, as defined in Section 10-9a-103 ; and
             456          (ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
             457          (b) The notice of a public hearing required under Subsection (21)(a) shall:
             458          (i) indicate the:
             459          (A) school or schools under consideration for closure or boundary change; and
             460          (B) date, time, and location of the public hearing; and
             461          (ii) at least 10 days prior to the public hearing, be:


             462          (A) published:
             463          (I) in a newspaper of general circulation in the area; and
             464          (II) on the Utah Public Notice Website created in Section 63F-1-701 ; and
             465          (B) posted in at least three public locations within the municipality or on the district's
             466      official website.
             467          (22) A board may implement a facility energy efficiency program established under
             468      Title 11, Chapter 44, Facility Energy Efficiency Act.
             469          Section 4. Section 53A-16-101.5 is amended to read:
             470           53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --
             471      School plans for use of funds.
             472          (1) There is established the School LAND (Learning And Nurturing Development)
             473      Trust Program [for the state's public schools] to:
             474          (a) provide financial resources to public schools to enhance or improve student
             475      academic achievement and implement a component of the school improvement plan[.]; and
             476          (b) involve parents and guardians of a school's students in decision making regarding
             477      the expenditure of School LAND Trust Program money allocated to the school.
             478          (2) (a) The program shall be funded each fiscal year:
             479          (i) from the Interest and Dividends Account created in Section 53A-16-101 ; and
             480          (ii) in the amount of the sum of the following:
             481          (A) the interest and dividends from the investment of money in the permanent State
             482      School Fund deposited to the Interest and Dividends Account in the immediately preceding
             483      year; and
             484          (B) interest accrued on money in the Interest and Dividends Account in the
             485      immediately preceding fiscal year.
             486          (b) On and after July 1, 2003, the program shall be funded as provided in Subsection
             487      (2)(a) up to an amount equal to 2% of the funds provided for the Minimum School Program,
             488      pursuant to Title 53A, Chapter 17a, Minimum School Program Act, each fiscal year.
             489          (c) (i) The Legislature shall annually allocate, through an appropriation to the State
             490      Board of Education, a portion of the Interest and Dividends Account created in Section
             491      53A-16-101 to be used for:
             492          (A) the administration of the School LAND Trust Program; and


             493          (B) the performance of duties described in Section 53A-16-101.6 .
             494          (ii) Any unused balance remaining from an amount appropriated under Subsection
             495      (2)(c)(i) shall be deposited in the Interest and Dividends Account for distribution to schools in
             496      the School LAND Trust Program.
             497          (3) (a) The State Board of Education shall allocate the money referred to in Subsection
             498      (2) annually for the fiscal year beginning July 1, [2000] 2013, and for each fiscal year thereafter
             499      as follows:
             500          (i) the Utah Schools for the Deaf and the Blind and the charter schools combined shall
             501      receive funding equal to the product of:
             502          (A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
             503      Blind, or in the charter schools combined, divided by enrollment on October 1 in the prior year
             504      in public schools statewide; and
             505          (B) the total amount available for distribution under Subsection (2);
             506          (ii) the amount allocated to the charter schools combined under Subsection (3)(a)(i)
             507      shall be distributed among charter schools in accordance with a formula specified in rules
             508      adopted by the State Board of Education in consultation with the State Charter School Board;
             509      and
             510          (iii) of the funds available for distribution under Subsection (2) after the allocation of
             511      funds for the Utah Schools for the Deaf and the Blind and charter schools:
             512          [(i)] (A) school districts [and the charter schools combined] shall receive 10% of the
             513      funds on an equal basis; and
             514          [(ii)] (B) the remaining 90% of the funds shall be distributed on a per student basis[,
             515      with each school district and charter school receiving its allocation based on the number of
             516      students in the school district and charter school as compared to the state total].
             517          (b) A school district shall distribute its allocation under Subsection [(3)(a)] (3)(a)(iii) to
             518      each school within the district on an equal per student basis.
             519          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
             520      State Board of Education may make rules regarding the time and manner in which the student
             521      count shall be made for allocation of the money under Subsection (3)(a)(iii).
             522          (4) (a) [Except as provided in Subsection (7), in order to] To receive its allocation
             523      under Subsection (3):


             524          [(i)] (a) a school shall have established a school community council in accordance with
             525      Section 53A-1a-108 ; and
             526          [(ii)] (b) the school's principal shall provide a signed, written assurance in accordance
             527      with rules of the State Board of Education that[: (A)] the membership of the school community
             528      council is consistent with the membership requirements specified in Section 53A-1a-108 [;
             529      and].
             530          [(B) the members were elected or appointed consistent with selection requirements
             531      specified in 53A-1a-108 .]
             532          [(b) At the direction of the Legislative Audit Subcommittee, the legislative auditor
             533      general shall:]
             534          [(i) audit a sample of schools to determine compliance with requirements specified in
             535      Section 53A-1a-108 for school community council membership and the election or
             536      appointment of school community council members; and]
             537          [(ii) submit an audit report to the Legislative Audit Subcommittee.]
             538          [(c) The Legislative Audit Subcommittee shall forward the audit report to the Public
             539      Education Appropriations Subcommittee and the State Board of Education.]
             540          [(d) (i) The State Board of Education may recommend that all or a portion of a school's
             541      allocation of School LAND Trust Program money under Subsection (3) be reduced or
             542      eliminated for a fiscal year if the school has failed to comply with requirements specified in
             543      Section 53A-1a-108 for school community council membership or the election or appointment
             544      of school community council members.]
             545          [(ii) The State Board of Education shall report to the Public Education Appropriations
             546      Subcommittee on the board's action or decision regarding a school identified in an audit report
             547      as being not in compliance with requirements specified in Section 53A-1a-108 for school
             548      community council membership or the election or appointment of school community council
             549      members.]
             550          (5) (a) The school community council or its subcommittee shall create a program to use
             551      its allocation under Subsection (3) to implement a component of the school's improvement
             552      plan, including:
             553          (i) the school's identified most critical academic needs;
             554          (ii) a recommended course of action to meet the identified academic needs;


             555          (iii) a specific listing of any programs, practices, materials, or equipment which the
             556      school will need to implement a component of its school improvement plan to have a direct
             557      impact on the instruction of students and result in measurable increased student performance;
             558      and
             559          (iv) how the school intends to spend its allocation of funds under this section to
             560      enhance or improve academic excellence at the school.
             561          [(b) The school may develop a multiyear program, but the program shall be approved
             562      by the school community council and the local school board of the district in which the school
             563      is located annually and as a prerequisite to receiving program funds allocated under this
             564      section.]
             565          [(c)] (b) (i) A school community council shall [consider the approval of] create and
             566      vote to adopt a plan for the use of School LAND Trust Program money in a meeting of the
             567      school community council at which a quorum is present.
             568          (ii) If a majority of the quorum votes to [approve] adopt a plan for the use of School
             569      LAND Trust Program money, the plan is [approved] adopted.
             570          [(d)] (c) A school community council shall:
             571          (i) [submit] post a plan for the use of School LAND Trust Program money that is
             572      [approved] adopted in accordance with Subsection (5)[(c)](b) [to the local school board for the
             573      local school board's approval] on the School LAND Trust Program website; and
             574          (ii) include with the plan a report noting the number of school community council
             575      members who voted for or against the approval of the plan and the number of members who
             576      were absent for the vote.
             577          [(e)] (d) (i) A school's local school board [may] shall approve or disapprove a plan for
             578      the use of School LAND Trust Program money.
             579          (ii) If a local school board disapproves a plan for the use of School LAND Trust
             580      Program money, the local school board shall provide a written explanation of why the plan was
             581      disapproved and request the school community council who submitted the plan to revise the
             582      plan.
             583          (iii) The school community council shall submit a revised plan to the local school
             584      board for approval.
             585          (6) (a) Each school shall:


             586          (i) implement the program as approved [by the school community council and
             587      approved by the local school board];
             588          (ii) provide ongoing support for the council's [or its subcommittee's] program; and
             589          (iii) meet [school board] State Board of Education reporting requirements regarding
             590      financial and performance accountability of the program.
             591          (b) (i) Each school, through its school community council [or its subcommittee], shall
             592      prepare and [present] post an annual report of the program [to its local school board at the end
             593      of the school year] on the School LAND Trust Program website each fall.
             594          (ii) The report shall detail the use of program funds received by the school under this
             595      section and an assessment of the results obtained from the use of the funds.
             596          (iii) A summary of the report shall be sent to households [in accordance with the
             597      provisions under Subsection 53A-1a-108 (7)] of students attending the school.
             598          (7) (a) The governing board of a charter school shall establish a council, which shall
             599      prepare a plan for the use of School LAND Trust Program money that includes the elements
             600      listed in Subsection (5).
             601          (b) (i) The membership of the council shall include parents of students enrolled at the
             602      school and may include other members.
             603          (ii) The number of council members who are parents of students enrolled at the school
             604      shall exceed all other members combined by at least two.
             605          (c) A charter school governing board may serve as the council that prepares a plan for
             606      the use of School LAND Trust Program money if the membership of the charter school
             607      governing board meets the requirements of Subsection (7)(b)(ii).
             608          (d) (i) Except as provided in Subsection (7)(d)(ii), council members who are parents of
             609      students enrolled at the school shall be elected in accordance with procedures established by
             610      the charter school governing board.
             611          (ii) Subsection (7)(d)(i) does not apply to a charter school governing board that serves
             612      as the council that prepares a plan for the use of School LAND Trust Program money.
             613          (e) A parent of a student enrolled at the school shall serve as chair or cochair of a
             614      council that prepares a plan for the use of School LAND Trust Program money.
             615          [(b) The] (f) A plan for the use of School LAND Trust Program money shall be
             616      subject to approval by the charter school governing board and the entity that authorized the


             617      establishment of the charter school.
             618          [(8) (a) A school community council and a governing board of a charter school may not
             619      be required to:]
             620          [(i) send a letter to legislators or other elected officials on the school's use of School
             621      LAND Trust Program money as a condition of receiving the money; or]
             622          [(ii) report to the State Board of Education or any local school board on whether any
             623      letters were sent to legislators or other elected officials on the school's use of School LAND
             624      Trust Program money.]
             625          [(b) Subsection (8)(a)(i) does not apply to the annual report to the local school board
             626      required by Subsection (6)(b).]
             627          Section 5. Section 63G-2-301 is amended to read:
             628           63G-2-301. Records that must be disclosed.
             629          (1) As used in this section:
             630          (a) "Business address" means a single address of a governmental agency designated for
             631      the public to contact an employee or officer of the governmental agency.
             632          (b) "Business email address" means a single email address of a governmental agency
             633      designated for the public to contact an employee or officer of the governmental agency.
             634          (c) "Business telephone number" means a single telephone number of a governmental
             635      agency designated for the public to contact an employee or officer of the governmental agency.
             636          (2) The following records are public except to the extent they contain information
             637      expressly permitted to be treated confidentially under the provisions of Subsections
             638      63G-2-201 (3)(b) and (6)(a):
             639          (a) laws;
             640          (b) the name, gender, gross compensation, job title, job description, business address,
             641      business email address, business telephone number, number of hours worked per pay period,
             642      dates of employment, and relevant education, previous employment, and similar job
             643      qualifications of a current or former employee or officer of the governmental entity, excluding:
             644          (i) undercover law enforcement personnel; and
             645          (ii) investigative personnel if disclosure could reasonably be expected to impair the
             646      effectiveness of investigations or endanger any individual's safety;
             647          (c) final opinions, including concurring and dissenting opinions, and orders that are


             648      made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
             649      that if the proceedings were properly closed to the public, the opinion and order may be
             650      withheld to the extent that they contain information that is private, controlled, or protected;
             651          (d) final interpretations of statutes or rules by a governmental entity unless classified as
             652      protected as provided in Subsection 63G-2-305 (16) or (17);
             653          (e) information contained in or compiled from a transcript, minutes, or report of the
             654      open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
             655      and Public Meetings Act, including the records of all votes of each member of the
             656      governmental entity;
             657          (f) judicial records unless a court orders the records to be restricted under the rules of
             658      civil or criminal procedure or unless the records are private under this chapter;
             659          (g) unless otherwise classified as private under Section 63G-2-303 , records or parts of
             660      records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
             661      commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
             662      Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
             663      other governmental entities that give public notice of:
             664          (i) titles or encumbrances to real property;
             665          (ii) restrictions on the use of real property;
             666          (iii) the capacity of persons to take or convey title to real property; or
             667          (iv) tax status for real and personal property;
             668          (h) records of the Department of Commerce that evidence incorporations, mergers,
             669      name changes, and uniform commercial code filings;
             670          (i) data on individuals that would otherwise be private under this chapter if the
             671      individual who is the subject of the record has given the governmental entity written
             672      permission to make the records available to the public;
             673          (j) documentation of the compensation that a governmental entity pays to a contractor
             674      or private provider;
             675          (k) summary data;
             676          (l) voter registration records, including an individual's voting history, except for those
             677      parts of the record that are classified as private in Subsection 63G-2-302 (1)(i);
             678          (m) for an elected official, as defined in Section 11-47-102 , a telephone number, if


             679      available, and email address, if available, where that elected official may be reached as required
             680      in Title 11, Chapter 47, Access to Elected Officials;
             681          (n) for a school community council member, a telephone number, if available, and
             682      email address, if available, where that elected official may be reached directly as required in
             683      Section [ 53A-1a-108 ] 53A-1a-108.1 ; and
             684          (o) annual audited financial statements of the Utah Educational Savings Plan described
             685      in Section 53B-8a-111 .
             686          (3) The following records are normally public, but to the extent that a record is
             687      expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201 (3)(b),
             688      Section 63G-2-302 , 63G-2-304 , or 63G-2-305 :
             689          (a) administrative staff manuals, instructions to staff, and statements of policy;
             690          (b) records documenting a contractor's or private provider's compliance with the terms
             691      of a contract with a governmental entity;
             692          (c) records documenting the services provided by a contractor or a private provider to
             693      the extent the records would be public if prepared by the governmental entity;
             694          (d) contracts entered into by a governmental entity;
             695          (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
             696      by a governmental entity;
             697          (f) records relating to government assistance or incentives publicly disclosed,
             698      contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
             699      business in Utah, except as provided in Subsection 63G-2-305 (34);
             700          (g) chronological logs and initial contact reports;
             701          (h) correspondence by and with a governmental entity in which the governmental entity
             702      determines or states an opinion upon the rights of the state, a political subdivision, the public,
             703      or any person;
             704          (i) empirical data contained in drafts if:
             705          (i) the empirical data is not reasonably available to the requester elsewhere in similar
             706      form; and
             707          (ii) the governmental entity is given a reasonable opportunity to correct any errors or
             708      make nonsubstantive changes before release;
             709          (j) drafts that are circulated to anyone other than:


             710          (i) a governmental entity;
             711          (ii) a political subdivision;
             712          (iii) a federal agency if the governmental entity and the federal agency are jointly
             713      responsible for implementation of a program or project that has been legislatively approved;
             714          (iv) a government-managed corporation; or
             715          (v) a contractor or private provider;
             716          (k) drafts that have never been finalized but were relied upon by the governmental
             717      entity in carrying out action or policy;
             718          (l) original data in a computer program if the governmental entity chooses not to
             719      disclose the program;
             720          (m) arrest warrants after issuance, except that, for good cause, a court may order
             721      restricted access to arrest warrants prior to service;
             722          (n) search warrants after execution and filing of the return, except that a court, for good
             723      cause, may order restricted access to search warrants prior to trial;
             724          (o) records that would disclose information relating to formal charges or disciplinary
             725      actions against a past or present governmental entity employee if:
             726          (i) the disciplinary action has been completed and all time periods for administrative
             727      appeal have expired; and
             728          (ii) the charges on which the disciplinary action was based were sustained;
             729          (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
             730      and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
             731      evidence mineral production on government lands;
             732          (q) final audit reports;
             733          (r) occupational and professional licenses;
             734          (s) business licenses; and
             735          (t) a notice of violation, a notice of agency action under Section 63G-4-201 , or similar
             736      records used to initiate proceedings for discipline or sanctions against persons regulated by a
             737      governmental entity, but not including records that initiate employee discipline.
             738          (4) The list of public records in this section is not exhaustive and should not be used to
             739      limit access to records.





Legislative Review Note
    as of 2-7-13 2:07 PM


Office of Legislative Research and General Counsel


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