1     
SCHOOL LAND TRUST PROGRAM AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rich Cunningham

5     
Senate Sponsor: Stephen H. Urquhart

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the School LAND Trust Program and school
10     community councils.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends provisions related to the elements that a school community council is
15     required to evaluate in developing a school improvement plan;
16          ▸     provides that a charter trust land council that is not a charter school governing board
17     is subject to certain open and public meeting requirements;
18          ▸     provides that the School LAND Trust Program may be funded at a higher
19     percentage in proportion to the amount of funds provided for the Minimum School
20     Program; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          52-4-103, as last amended by Laws of Utah 2014, Chapter 434
29          53A-1a-108, as last amended by Laws of Utah 2014, Chapters 332 and 346
30          53A-1a-108.1, as last amended by Laws of Utah 2014, Chapter 332
31          53A-1a-108.5, as enacted by Laws of Utah 2002, Chapter 324
32          53A-16-101.5, as last amended by Laws of Utah 2014, Chapter 332
33          53A-16-101.6, as last amended by Laws of Utah 2014, Chapters 332 and 426
34          53A-17a-131.17, as last amended by Laws of Utah 2010, Chapter 3
35          53D-1-403, as enacted by Laws of Utah 2014, Chapter 426
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 52-4-103 is amended to read:
39          52-4-103. Definitions.
40          As used in this chapter:
41          (1) "Anchor location" means the physical location from which:
42          (a) an electronic meeting originates; or
43          (b) the participants are connected.
44          (2) "Capitol hill complex" means the grounds and buildings within the area bounded by
45     300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake
46     City.
47          (3) "Convening" means the calling together of a public body by a person authorized to
48     do so for the express purpose of discussing or acting upon a subject over which that public
49     body has jurisdiction or advisory power.
50          (4) "Electronic meeting" means a public meeting convened or conducted by means of a
51     conference using electronic communications.
52          (5) "Electronic message" means a communication transmitted electronically, including:
53          (a) electronic mail;
54          (b) instant messaging;
55          (c) electronic chat;
56          (d) text messaging as defined in Section 76-4-401; or
57          (e) any other method that conveys a message or facilitates communication
58     electronically.

59          (6) (a) "Meeting" means the convening of a public body or a specified body, with a
60     quorum present, including a workshop or an executive session, whether in person or by means
61     of electronic communications, for the purpose of discussing, receiving comments from the
62     public about, or acting upon a matter over which the public body or specific body has
63     jurisdiction or advisory power.
64          (b) "Meeting" does not mean:
65          (i) a chance gathering or social gathering; or
66          (ii) a convening of the State Tax Commission to consider a confidential tax matter in
67     accordance with Section 59-1-405.
68          (c) "Meeting" does not mean the convening of a public body that has both legislative
69     and executive responsibilities if:
70          (i) no public funds are appropriated for expenditure during the time the public body is
71     convened; and
72          (ii) the public body is convened solely for the discussion or implementation of
73     administrative or operational matters:
74          (A) for which no formal action by the public body is required; or
75          (B) that would not come before the public body for discussion or action.
76          (7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the
77     public statements of each member of the public body who is participating in a meeting.
78          (8) "Participate" means the ability to communicate with all of the members of a public
79     body, either verbally or electronically, so that each member of the public body can hear or
80     observe the communication.
81          (9) (a) "Public body" means any administrative, advisory, executive, or legislative body
82     of the state or its political subdivisions that:
83          (i) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
84          (ii) consists of two or more persons;
85          (iii) expends, disburses, or is supported in whole or in part by tax revenue; and
86          (iv) is vested with the authority to make decisions regarding the public's business.
87          (b) "Public body" does not include a:
88          (i) political party, political group, or political caucus;
89          (ii) conference committee, rules committee, or sifting committee of the Legislature; or

90          (iii) school community council [established under Section 53A-1a-108] or charter trust
91     land council as defined in Section 53A-1a-108.1.
92          (10) "Public statement" means a statement made in the ordinary course of business of
93     the public body with the intent that all other members of the public body receive it.
94          (11) (a) "Quorum" means a simple majority of the membership of a public body, unless
95     otherwise defined by applicable law.
96          (b) "Quorum" does not include a meeting of two elected officials by themselves when
97     no action, either formal or informal, is taken on a subject over which these elected officials
98     have advisory power.
99          (12) "Recording" means an audio, or an audio and video, record of the proceedings of a
100     meeting that can be used to review the proceedings of the meeting.
101          (13) "Specified body" means an administrative, advisory, executive, or legislative body
102     that:
103          (a) is not a public body;
104          (b) consists of three or more members; and
105          (c) includes at least one member who is:
106          (i) a legislator; and
107          (ii) officially appointed to the body by the President of the Senate, Speaker of the
108     House of Representatives, or governor.
109          (14) "Transmit" means to send, convey, or communicate an electronic message by
110     electronic means.
111          Section 2. Section 53A-1a-108 is amended to read:
112          53A-1a-108. School community councils -- Duties -- Composition -- Election
113     procedures and selection of members.
114          (1) As used in this section:
115          (a) "District school" means a public school under the control of a local school board
116     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
117     Boards.
118          [(a)] (b) "Educator" [has the meaning] means the same as that term is defined in
119     Section 53A-6-103.
120          [(b)] (c) (i) "Parent or guardian member" means a member of a school community

121     council who is a parent or guardian of a student who:
122          (A) is attending the school; or
123          (B) will be enrolled at the school during the parent's or guardian's term of office.
124          (ii) "Parent or guardian member" may not include an educator who is employed at the
125     school.
126          (d) "School community council" means a council established at a district school in
127     accordance with this section.
128          [(c)] (e) "School employee member" means a member of a school community council
129     who is a person employed at the school by the school or school district, including the principal.
130          [(d)] (f) "School LAND Trust Program money" means money allocated to a school
131     pursuant to Section 53A-16-101.5.
132          (2) [Each public] A district school, in consultation with [its] the district school's local
133     school board, shall establish a school community council at the school building level for the
134     purpose of:
135          (a) involving parents or guardians of students in decision making at the school level;
136          (b) improving the education of students;
137          (c) prudently expending School LAND Trust Program money for the improvement of
138     students' education through collaboration among parents and guardians, school employees, and
139     the local school board; and
140          (d) increasing public awareness of:
141          (i) school trust lands and related land policies;
142          (ii) management of the State School Fund established in Utah Constitution Article X,
143     Section V; and
144          (iii) educational excellence.
145          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
146          (i) create a school improvement plan in accordance with Section 53A-1a-108.5;
147          (ii) create the School LAND Trust Program in accordance with Section 53A-16-101.5;
148          (iii) assist in the creation and implementation of a professional development plan; and
149          (iv) advise and make recommendations to school and school district administrators and
150     the local school board regarding the school and its programs, school district programs, a child
151     access routing plan in accordance with Section 53A-3-402, and other issues relating to the

152     community environment for students.
153          (b) In addition to the duties specified in Subsection (3)(a), a school community council
154     for an elementary school shall create a reading achievement plan in accordance with Section
155     53A-1-606.5.
156          (c) A school or school district administrator may not prohibit or discourage a school
157     community council from discussing issues, or offering advice or recommendations, regarding
158     the school and its programs, school district programs, the curriculum, or the community
159     environment for students.
160          (4) (a) Each school community council shall consist of school employee members and
161     parent or guardian members in accordance with this section.
162          (b) Except as provided in Subsection (4)(c) or (d):
163          (i) each school community council for a high school shall have six parent or guardian
164     members and four school employee members, including the principal; and
165          (ii) each school community council for a school other than a high school shall have
166     four parent or guardian members and two school employee members, including the principal.
167          (c) A school community council may determine the size of the school community
168     council by a majority vote of a quorum of the school community council provided that:
169          (i) the membership includes two or more parent or guardian members than the number
170     of school employee members; and
171          (ii) there are at least two school employee members on the school community council.
172          (d) (i) The number of parent or guardian members of a school community council who
173     are not educators employed by the school district shall exceed the number of parent or guardian
174     members who are educators employed by the school district.
175          (ii) If, after an election, the number of parent or guardian members who are not
176     educators employed by the school district does not exceed the number of parent or guardian
177     members who are educators employed by the school district, the parent or guardian members of
178     the school community council shall appoint one or more parent or guardian members to the
179     school community council so that the number of parent or guardian members who are not
180     educators employed by the school district exceeds the number of parent or guardian members
181     who are educators employed by the school district.
182          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than

183     the principal, shall be elected by secret ballot by a majority vote of the school employees and
184     serve a two-year term. The principal shall serve as an ex officio member with full voting
185     privileges.
186          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
187     elected by secret ballot at an election held at the school by a majority vote of those voting at the
188     election and serve a two-year term.
189          (ii) Only parents or guardians of students attending the school may vote at the election
190     under Subsection (5)(b)(i).
191          (iii) Any parent or guardian of a student who meets the qualifications of this section
192     may file or declare the parent's or guardian's candidacy for election to a school community
193     council.
194          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
195     election of parent or guardian members of a school community council shall be established by
196     a local school board for the schools within the school district.
197          (B) An election for the parent or guardian members of a school community council
198     shall be held near the beginning of the school year or held in the spring and completed before
199     the last week of school.
200          (C) Each school shall establish a time period for the election of parent or guardian
201     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
202     least a four-year period.
203          (c) (i) The principal of the school, or the principal's designee, shall provide notice of
204     the available community council positions to school employees, parents, and guardians at least
205     10 days before the date that voting commences for the elections held under Subsections (5)(a)
206     and (5)(b).
207          (ii) The notice shall include:
208          (A) the dates and times of the elections;
209          (B) a list of council positions that are up for election; and
210          (C) instructions for becoming a candidate for a community council position.
211          (iii) The principal of the school, or the principal's designee, shall oversee the elections
212     held under Subsections (5)(a) and (5)(b).
213          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a

214     secure ballot box.
215          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
216     available to the public upon request.
217          (e) (i) If a parent or guardian position on a school community council remains unfilled
218     after an election is held, the other parent or guardian members of the council shall appoint a
219     parent or guardian who meets the qualifications of this section to fill the position.
220          (ii) If a school employee position on a school community council remains unfilled after
221     an election is held, the other school employee members of the council shall appoint a school
222     employee to fill the position.
223          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
224     (ii) shall serve a two-year term.
225          (f) (i) If the number of candidates who file for a parent or guardian position or school
226     employee position on a school community council is less than or equal to the number of open
227     positions, an election is not required.
228          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
229     position remains unfilled, the other parent or guardian members of the council shall appoint a
230     parent or guardian who meets the qualifications of this section to fill the position.
231          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
232     position remains unfilled, the other school employee members of the council shall appoint a
233     school employee who meets the qualifications of this section to fill the position.
234          (g) The principal shall enter the names of the council members on the School LAND
235     Trust website on or before October 20 of each year, pursuant to Section 53A-1a-108.1.
236          (h) Terms shall be staggered so that approximately half of the council members stand
237     for election each year.
238          (i) A school community council member may serve successive terms provided the
239     member continues to meet the definition of a parent or guardian member or school employee
240     member as specified in Subsection (1).
241          (j) Each school community council shall elect:
242          (i) a chair from its parent or guardian members; and
243          (ii) a vice chair from either its parent or guardian members or school employee
244     members, excluding the principal.

245          (6) (a) A school community council may create subcommittees or task forces to:
246          (i) advise or make recommendations to the council; or
247          (ii) develop all or part of a plan listed in Subsection (3).
248          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
249     subject to the approval of the school community council.
250          (c) A school community council may appoint individuals who are not council members
251     to serve on a subcommittee or task force, including parents or guardians, school employees, or
252     other community members.
253          (7) (a) A majority of the members of a school community council is a quorum for the
254     transaction of business.
255          (b) The action of a majority of the members of a quorum is the action of the school
256     community council.
257          (8) A local school board shall provide training for a school community council each
258     year, including training:
259          (a) for the chair and vice chair about their responsibilities;
260          (b) on resources available on the School LAND Trust website; and
261          (c) on the following statutes governing school community councils:
262          (i) Section 53A-1a-108;
263          (ii) Section 53A-1a-108.1;
264          (iii) Section 53A-1a-108.5; and
265          (iv) Section 53A-16-101.5.
266          Section 3. Section 53A-1a-108.1 is amended to read:
267          53A-1a-108.1. School community councils -- Open and public meeting
268     requirements.
269          (1) As used in this section:
270          (a) (i) "Charter trust land council" means a council established by a charter school
271     governing board under Section 53A-16-101.5.
272          (ii) "Charter trust land council" does not include a charter school governing board
273     acting as a charter trust land council.
274          (b) "School community council" means a council established at a school within a
275     school district under Section 53A-1a-108.

276          (c) "Council" means a school community council or a charter trust land council.
277          [(1)] (2) A school community council [established under Section 53A-1a-108] or a
278     charter trust land council:
279          (a) shall conduct deliberations and take action openly as provided in this section; and
280          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
281          [(2)] (3) (a) As required by Section 53A-1a-108, a local school board shall provide
282     training for the members of a school community council on this section.
283          (b) A charter school governing board shall provide training for the members of a
284     charter trust land council on this section.
285          [(3)] (4) (a) A meeting of a [school community] council is open to the public.
286          (b) A [school community] council may not close any portion of a meeting.
287          [(4)] (5) A [school community] council shall, at least one week prior to a meeting, post
288     the following information on the school's website:
289          (a) a notice of the meeting, time, and place;
290          (b) an agenda for the meeting; and
291          (c) the minutes of the previous meeting.
292          [(5)] (6) (a) On or before October 20, a principal shall post the following information
293     on the school website and in the school office:
294          (i) the proposed [school community] council meeting schedule for the year;
295          (ii) a telephone number or email address, or both, where each [school community]
296     council member can be reached directly; and
297          (iii) a summary of the annual report required under Section 53A-16-101.5 on how the
298     school's School LAND Trust Program money was used to enhance or improve academic
299     excellence at the school and implement a component of the school's improvement plan.
300          (b) (i) A [school community] council shall identify and use methods of providing the
301     information listed in Subsection [(5)] (6)(a) to a parent or guardian who does not have Internet
302     access.
303          (ii) Money allocated to a school under the School LAND Trust Program created in
304     Section 53A-16-101.5 may not be used to provide information as required by Subsection
305     (5)(b)(i).
306          [(6)] (7) (a) The notice requirement of Subsection [(4)] (5) may be disregarded if:

307          (i) because of unforeseen circumstances it is necessary for a [school community]
308     council to hold an emergency meeting to consider matters of an emergency or urgent nature;
309     and
310          (ii) the [school community] council gives the best notice practicable of:
311          (A) the time and place of the emergency meeting; and
312          (B) the topics to be considered at the emergency meeting.
313          (b) An emergency meeting of a [school community] council may not be held unless:
314          (i) an attempt has been made to notify all the members of the [school community]
315     council; and
316          (ii) a majority of the members of the [school community] council approve the meeting.
317          [(7)] (8) (a) An agenda required under Subsection [(4)] (5)(b) shall provide reasonable
318     specificity to notify the public as to the topics to be considered at the meeting.
319          (b) Each topic described in Subsection [(7)] (8)(a) shall be listed under an agenda item
320     on the meeting agenda.
321          (c) A [school community] council may not take final action on a topic in a meeting
322     unless the topic is:
323          (i) listed under an agenda item as required by Subsection [(7)] (8)(b); and
324          (ii) included with the advance public notice required by Subsection [(4)] (5).
325          [(8)] (9) (a) Written minutes shall be kept of a [school community] council meeting.
326          (b) Written minutes of a [school community] council meeting shall include:
327          (i) the date, time, and place of the meeting;
328          (ii) the names of members present and absent;
329          (iii) a brief statement of the matters proposed, discussed, or decided;
330          (iv) a record, by individual member, of each vote taken;
331          (v) the name of each person who:
332          (A) is not a member of the [school community] council; and
333          (B) after being recognized by the chair, provided testimony or comments to the [school
334     community] council;
335          (vi) the substance, in brief, of the testimony or comments provided by the public under
336     Subsection [(8)] (9)(b)(v); and
337          (vii) any other information that is a record of the proceedings of the meeting that any

338     member requests be entered in the minutes.
339          (c) The written minutes of a [school community] council meeting:
340          (i) are a public record under Title 63G, Chapter 2, Government Records Access and
341     Management Act; and
342          (ii) shall be retained for three years.
343          [(9)] (10) (a) As used in this Subsection [(9)] (10), "rules of order and procedure"
344     means a set of rules that govern and prescribe in a public meeting:
345          (i) parliamentary order and procedure;
346          (ii) ethical behavior; and
347          (iii) civil discourse.
348          (b) A [school community] council shall:
349          (i) adopt rules of order and procedure to govern a public meeting of the [school
350     community] council;
351          (ii) conduct a public meeting in accordance with the rules of order and procedure
352     described in Subsection [(9)] (10)(b)(i); and
353          (iii) make the rules of order and procedure described in Subsection [(9)] (10)(b)(i)
354     available to the public:
355          (A) at each public meeting of the [school community] council; and
356          (B) on the school's website.
357          Section 4. Section 53A-1a-108.5 is amended to read:
358          53A-1a-108.5. School improvement plan.
359          (1) (a) [Each] A school community council established under Section 53A-1a-108 shall
360     annually evaluate [the school's U-PASS test results], with the school's principal, the school's
361     statewide achievement test results, reading achievement plan, class size reduction needs,
362     technology needs, and professional development plan, and use the evaluations in developing a
363     school improvement plan to improve teaching and learning conditions.
364          (b) In evaluating [U-PASS] statewide achievement test results and developing a school
365     improvement plan, a school community council may not have access to data that reveal the
366     identity of students.
367          (2) [Each] A school community council shall develop a school improvement plan
368     [shall] that:

369          (a) [identify] identifies the school's most critical academic needs;
370          (b) [recommend] recommends a course of action to meet the identified needs;
371          (c) [list] lists any programs, practices, materials, or equipment that the school will need
372     to implement its action plan to have a direct impact on the instruction of students and result in
373     measurable increased student performance; and
374          (d) [describe] describes how the school intends to enhance or improve academic
375     achievement, including how financial resources available to the school, such as School LAND
376     Trust Program money received under Section 53A-16-101.5 and state and federal grants, will
377     be used to enhance or improve academic achievement.
378          (3) [The] Although a school improvement plan [shall focus] focuses on the school's
379     most critical academic needs [but], the school improvement plan may include other actions to
380     enhance or improve academic achievement and the community environment for students.
381          (4) The school principal shall make available to the school community council the
382     school budget and other data needed to develop the school improvement plan.
383          (5) The school improvement plan shall be subject to the approval of the local school
384     board of the school district in which the school is located.
385          (6) A school community council may develop a multiyear school improvement plan,
386     but the multiyear school improvement plan must be presented to and approved annually by the
387     local school board.
388          (7) Each school shall:
389          (a) implement the school improvement plan as developed by the school community
390     council and approved by the local school board;
391          (b) provide ongoing support for the council's school improvement plan; and
392          (c) meet local school board reporting requirements regarding performance and
393     accountability.
394          Section 5. Section 53A-16-101.5 is amended to read:
395          53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --
396     School plans for use of funds.
397          (1) As used in this section:
398          (a) "Charter agreement" means an agreement made in accordance with Section
399     53A-1a-508 that authorizes the operation of a charter school.

400          (b) "Charter school authorizer" means the same as that term is defined in Section
401     53A-1a-501.3.
402          (c) "Charter trust land council" means a council established by a charter school
403     governing board under this section.
404          (d) "Council" means a school community council or a charter trust land council.
405          (e) "District school" means a public school under the control of a local school board
406     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
407     Boards.
408          (f) "School community council" means a council established at a district school in
409     accordance with this section.
410          [(1)] (2) There is established the School LAND (Learning And Nurturing
411     Development) Trust Program to:
412          (a) provide financial resources to public schools to enhance or improve student
413     academic achievement and implement a component of [the] a district school's school
414     improvement plan or a charter school's charter agreement; and
415          (b) involve parents and guardians of a school's students in decision making regarding
416     the expenditure of School LAND Trust Program money allocated to the school.
417          [(2)] (3) (a) The program shall be funded each fiscal year:
418          (i) from the Interest and Dividends Account created in Section 53A-16-101; and
419          (ii) in the amount of the sum of the following:
420          (A) the interest and dividends from the investment of money in the permanent State
421     School Fund deposited to the Interest and Dividends Account in the immediately preceding
422     year; and
423          (B) interest accrued on money in the Interest and Dividends Account in the
424     immediately preceding fiscal year.
425          (b) [On and after July 1, 2003, the] The program shall be funded as provided in
426     Subsection [(2)] (3)(a) up to an amount equal to [2%] 5% of the funds provided for the
427     Minimum School Program, pursuant to Title 53A, Chapter 17a, Minimum School Program
428     Act, each fiscal year.
429          (c) (i) The Legislature shall annually allocate, through an appropriation to the State
430     Board of Education, a portion of the Interest and Dividends Account created in Section

431     53A-16-101 to be used for:
432          (A) the administration of the School LAND Trust Program; and
433          (B) the performance of duties described in Section 53A-16-101.6.
434          (ii) Any unused balance remaining from an amount appropriated under Subsection
435     [(2)] (3)(c)(i) shall be deposited in the Interest and Dividends Account for distribution to
436     schools in the School LAND Trust Program.
437          [(3)] (4) (a) The State Board of Education shall allocate the money referred to in
438     Subsection [(2)] (3) annually [for the fiscal year beginning July 1, 2013, and for each fiscal
439     year thereafter] as follows:
440          (i) the Utah Schools for the Deaf and the Blind [and the charter schools combined]
441     shall receive funding equal to the product of:
442          (A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
443     Blind, [or in the charter schools combined,] divided by enrollment on October 1 in the prior
444     year in public schools statewide; and
445          (B) the total amount available for distribution under Subsection [(2);] (3);
446          [(ii) the amount allocated to the charter schools combined under Subsection (3)(a)(i)
447     shall be distributed among charter schools in accordance with a formula specified in rules
448     adopted by the State Board of Education in consultation with the State Charter School Board;
449     and]
450          (ii) charter schools shall receive funding equal to the product of:
451          (A) charter school enrollment on October 1 in the prior year, divided by enrollment on
452     October 1 in the prior year in public schools statewide; and
453          (B) the total amount available for distribution under Subsection (3); and
454          (iii) of the funds available for distribution under Subsection [(2)] (3) after the
455     allocation of funds for the Utah Schools for the Deaf and the Blind and charter schools:
456          (A) school districts shall receive 10% of the funds on an equal basis; and
457          (B) the remaining 90% of the funds shall be distributed to school districts on a per
458     student basis.
459          (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
460     the State Board of Education shall make rules specifying a formula to distribute the amount
461     allocated under Subsection (4)(a)(ii) to charter schools.

462          (ii) In making rules under Subsection (4)(b)(i), the State Board of Education shall:
463          (A) consult with the State Charter School Board; and
464          (B) ensure that the rules include a provision that allows a charter school in the charter
465     school's first year of operations to receive funding based on projected enrollment, to be
466     adjusted in future years based on actual enrollment.
467          [(b)] (c) A school district shall distribute its allocation under Subsection [(3)] (4)(a)(iii)
468     to each school within the school district on an equal per student basis.
469          [(c)] (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
470     Act, the State Board of Education may make rules regarding the time and manner in which the
471     student count shall be made for allocation of the money under Subsection [(3)] (4)(a)(iii).
472          [(4)] (5) To receive its allocation under Subsection [(3)] (4):
473          (a) a district school shall have established a school community council in accordance
474     with Section 53A-1a-108; [and]
475          (b) a charter school shall have established a charter trust land council in accordance
476     with Subsection (9); and
477          [(b)] (c) the school's principal shall provide a signed, written assurance [in accordance
478     with rules of the State Board of Education that the membership of the school community
479     council is consistent with the membership requirements specified in Section 53A-1a-108] that
480     the school is in compliance with Subsection (5)(a) or (b).
481          [(5)] (6) (a) [The school community] A council [or its subcommittee] shall create a
482     program to use its allocation under Subsection [(3)] (4) to implement a component of the
483     school's improvement plan or charter agreement, including:
484          (i) the school's identified most critical academic needs;
485          (ii) a recommended course of action to meet the identified academic needs;
486          (iii) a specific listing of any programs, practices, materials, or equipment which the
487     school will need to implement a component of its school improvement plan to have a direct
488     impact on the instruction of students and result in measurable increased student performance;
489     and
490          (iv) how the school intends to spend its allocation of funds under this section to
491     enhance or improve academic excellence at the school.
492          (b) (i) A [school community] council shall create and vote to adopt a plan for the use of

493     School LAND Trust Program money in a meeting of the [school community] council at which
494     a quorum is present.
495          (ii) If a majority of the quorum votes to adopt a plan for the use of School LAND Trust
496     Program money, the plan is adopted.
497          (c) A [school community] council shall:
498          (i) post a plan for the use of School LAND Trust Program money that is adopted in
499     accordance with Subsection [(5)] (6)(b) on the School LAND Trust Program website; and
500          (ii) include with the plan a report noting the number of [school community] council
501     members who voted for or against the approval of the plan and the number of council members
502     who were absent for the vote.
503          (d) (i) [A school's] The local school board of a district school shall approve or
504     disapprove a plan for the use of School LAND Trust Program money.
505          (ii) If a local school board disapproves a plan for the use of School LAND Trust
506     Program money[,]:
507          (A) the local school board shall provide a written explanation of why the plan was
508     disapproved and request the school community council who submitted the plan to revise the
509     plan[.]; and
510          [(iii) The] (B) the school community council shall submit a revised plan [to the local
511     school board for approval] in response to a local school board's request under Subsection
512     (6)(d)(ii)(A).
513          (iii) Once a plan has been approved by a local school board, a school community
514     council may amend the plan, subject to a majority vote of the school community council and
515     local school board approval.
516          (e) A charter trust land council's plan for the use of School LAND Trust Program
517     money is subject to approval by the:
518          (i) charter school governing board; and
519          (ii) charter school's charter school authorizer.
520          [(6)] (7) (a) [Each] A district school or charter school shall:
521          (i) implement the program as approved;
522          (ii) provide ongoing support for the council's program; and
523          (iii) meet State Board of Education reporting requirements regarding financial and

524     performance accountability of the program.
525          (b) (i) [Each] A district school[, through its school community council,] or charter
526     school shall prepare and post an annual report of the program on the School LAND Trust
527     Program website each fall.
528          (ii) The report shall detail the use of program funds received by the school under this
529     section and an assessment of the results obtained from the use of the funds.
530          (iii) A summary of the report shall be provided to parents or guardians of students
531     attending the school.
532          [(7)] (8) On or before October 1 of each year, a school district shall record the amount
533     of the program funds distributed to each school under Subsection [(3)] (4)(b) on the School
534     LAND Trust Program website to assist schools in developing the annual report described in
535     Subsection [(6)] (7)(b).
536          [(8)] (9) (a) The governing board of a charter school shall establish a council, which
537     shall prepare a plan for the use of School LAND Trust Program money that includes the
538     elements listed in Subsection [(5)] (6).
539          (b) (i) The membership of the council shall include parents or guardians of students
540     enrolled at the school and may include other members.
541          (ii) The number of council members who are parents or guardians of students enrolled
542     at the school shall exceed all other members combined by at least two.
543          (c) A charter school governing board may serve as the council that prepares a plan for
544     the use of School LAND Trust Program money if the membership of the charter school
545     governing board meets the requirements of Subsection [(8)] (9)(b)(ii).
546          (d) (i) Except as provided in Subsection [(8)] (9)(d)(ii), council members who are
547     parents or guardians of students enrolled at the school shall be elected in accordance with
548     procedures established by the charter school governing board.
549          (ii) Subsection [(8)] (9)(d)(i) does not apply to a charter school governing board that
550     serves as the council that prepares a plan for the use of School LAND Trust Program money.
551          (e) A parent or guardian of a student enrolled at the school shall serve as chair or
552     cochair of a council that prepares a plan for the use of School LAND Trust Program money.
553          [(f) A plan for the use of School LAND Trust Program money shall be subject to
554     approval by the charter school governing board and the entity that authorized the establishment

555     of the charter school.]
556          [(9)] (10) The president or chair of a local school board or charter school governing
557     board shall ensure that the members of the local school board or charter school governing
558     board are provided with annual training on the requirements of this section.
559          Section 6. Section 53A-16-101.6 is amended to read:
560          53A-16-101.6. Creation of School Children's Trust Section -- Duties.
561          (1) As used in this section:
562          (a) "School and institutional trust lands" is as defined in Section 53C-1-103.
563          (b) "Section" means the School Children's Trust Section created in this section.
564          (c) "Trust" means:
565          (i) the School LAND Trust Program created in Section 53A-16-101.5; and
566          (ii) the lands and funds associated with the trusts described in Subsection
567     53C-1-103(7).
568          (2) There is established a School Children's Trust Section within the State Office of
569     Education.
570          (3) (a) The section shall have a director.
571          (b) The director shall have professional qualifications and expertise in the areas
572     generating revenue to the trust, including:
573          (i) economics;
574          (ii) energy development;
575          (iii) finance;
576          (iv) investments;
577          (v) public education;
578          (vi) real estate;
579          (vii) renewable resources;
580          (viii) risk management; and
581          (ix) trust law.
582          (c) The director shall be appointed as provided in this Subsection (3).
583          (d) The School and Institutional Trust Lands Board of Trustees nominating committee
584     shall submit to the State Board of Education the name of one person to serve as director.
585          (e) The State Board of Education may:

586          (i) appoint the person described in Subsection (3)(d) to serve as director; or
587          (ii) deny the appointment of the person described in Subsection (3)(d) to serve as
588     director.
589          (f) If the State Board of Education denies an appointment under this Subsection (3):
590          (i) the State Board of Education shall provide in writing one or more reasons for the
591     denial to the School and Institutional Trust Lands Board of Trustees nominating committee;
592     and
593          (ii) the School and Institutional Trust Lands Board of Trustees nominating committee
594     and the State Board of Education shall follow the procedures and requirements of this
595     Subsection (3) until the State Board of Education appoints a director.
596          (g) The State Board of Education may remove the director only by majority vote of a
597     quorum in an open and public meeting after proper notice and the inclusion of the removal item
598     on the agenda.
599          (4) The State Board of Education shall make rules regarding:
600          (a) regular reporting from the School Children's Trust Section director to the State
601     Board of Education, to allow the State Board of Education to fulfill its duties in representing
602     the trust beneficiaries; and
603          (b) the day-to-day reporting of the School Children's Trust Section director.
604          (5) (a) The director shall annually submit a proposed section budget to the State Board
605     of Education.
606          (b) After approving a section budget, the State Board of Education shall propose the
607     approved budget to the Legislature.
608          (6) The director is entitled to attend any presentation, discussion, meeting, or other
609     gathering concerning the trust, subject to:
610          (a) provisions of law prohibiting the director's attendance to preserve confidentiality; or
611          (b) other provisions of law that the director's attendance would violate.
612          (7) The section shall have a staff.
613          (8) The section shall protect current and future beneficiary rights and interests in the
614     trust consistent with the state's perpetual obligations under:
615          (a) the Utah Enabling Act;
616          (b) the Utah Constitution;

617          (c) state statute; and
618          (d) standard trust principles described in Section 53C-1-102.
619          (9) The section shall promote:
620          (a) productive use of school and institutional trust lands; and
621          (b) the efficient and prudent investment of funds managed by the School and
622     Institutional Trust Fund Office, created in Section 53D-1-201.
623          (10) The section shall provide representation, advocacy, and input:
624          (a) on behalf of current and future beneficiaries of the trust, school community
625     councils, schools, and school districts;
626          (b) on federal, state, and local land decisions and policies that affect the trust; and
627          (c) to:
628          (i) the School and Institutional Trust Lands Administration;
629          (ii) the School and Institutional Trust Lands Board of Trustees;
630          (iii) the Legislature;
631          (iv) the School and Institutional Trust Fund Office, created in Section 53D-1-201;
632          (v) the School and Institutional Trust Fund Board of Trustees, created in Section
633     53D-1-301;
634          (vi) the attorney general;
635          (vii) the public; and
636          (viii) other entities as determined by the section.
637          (11) The section shall provide independent oversight on the prudent and profitable
638     management of the trust and report annually to the State Board of Education and the
639     Legislature.
640          (12) The section shall provide information requested by a person or entity described in
641     Subsections (10)(c)(i) through (vii).
642          (13) (a) The section shall provide training to the entities described in Subsection
643     (13)(b) on:
644          (i) the School LAND Trust Program established in Section 53A-16-101.5; and
645          (ii) (A) a school community [councils] council established pursuant to Section
646     53A-1a-108; or
647          (B) [councils established by charter school governing boards pursuant to] a charter

648     trust land council established under Section 53A-16-101.5.
649          (b) The section shall provide the training to:
650          (i) a local school [boards and] board or a charter school governing [boards] board;
651          (ii) a school [districts] district or a and charter [schools] school; and
652          (iii) a school community [councils] council.
653          Section 7. Section 53A-17a-131.17 is amended to read:
654          53A-17a-131.17. State contribution for School LAND Trust Program.
655          (1) If the amount of money prescribed for funding the School LAND Trust Program in
656     Section 53A-16-101.5 is less than or greater than the money appropriated for the School LAND
657     Trust Program, the appropriation shall be equal to the amount of money prescribed for funding
658     the School LAND Trust Program in Section 53A-16-101.5, up to a maximum of an amount
659     equal to [2%] 5% of the funds provided for the Minimum School Program.
660          (2) The State Board of Education shall distribute the money appropriated in Subsection
661     (1) in accordance with Section 53A-16-101.5 and rules established by the board in accordance
662     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
663          Section 8. Section 53D-1-403 is amended to read:
664          53D-1-403. Reports.
665          (1) At least annually, the director shall report in person to the Legislative Management
666     Committee, the governor, and the State Board of Education, concerning the office's
667     investments, performance, estimated distributions, and other activities.
668          (2) The director shall report to the board concerning the work of the director and the
669     investment activities and other activities of the office:
670          (a) in a public meeting at least nine times per year; and
671          (b) as otherwise requested by the board.
672          (3) (a) Before November 1 of each year, the director shall:
673          (i) submit a written report to [each] school community [council] councils, created
674     under Section 53A-1a-108, and charter trust land councils, established under Section
675     53A-16-101.5 concerning the office's investments, performance, estimated distributions, and
676     other activities; and
677          (ii) post the written report described in Subsection (3)(a)(i) on the office's website.
678          (b) A report under Subsection (3)(a) shall be prepared in simple language designed to

679     be understood by the general public.
680          (4) The director shall provide to the board:
681          (a) monthly written reports on the activities of the office;
682          (b) quarterly financial reports; and
683          (c) any other report requested by the board.
684          (5) The director shall:
685          (a) invite the director of the school children's trust section to attend any meeting at
686     which the director gives a report under this section; and
687          (b) provide the director of the school children's trust section:
688          (i) a copy of any written report prepared under this section; and
689          (ii) any other report requested by the director of the school children's trust section.






Legislative Review Note
     as of 2-19-15 7:46 AM


Office of Legislative Research and General Counsel