Representative Keven J. Stratton proposes the following substitute bill:


1     
SCHOOL COMMUNITY COUNCIL AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to school community council and charter trust land
10     council requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a school community council or charter trust land council to develop and
14     incorporate certain safety principles, including coordination regarding the safety
15     principles with administrators; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53G-7-1202, as last amended by Laws of Utah 2018, Chapters 107 and 448
24          53G-7-1205, as enacted by Laws of Utah 2018, Chapter 448
25     


26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53G-7-1202 is amended to read:
28          53G-7-1202. School community councils -- Duties -- Composition -- Election
29     procedures and selection of members.
30          (1) As used in this section:
31          (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
32     behavior related to technology use, including digital literacy, ethics, etiquette, and security.
33          (b) "District school" means a public school under the control of a local school board
34     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
35     Boards.
36          (c) "Educator" means the same as that term is defined in Section 53E-6-102.
37          (d) (i) "Parent or guardian member" means a member of a school community council
38     who is a parent or guardian of a student who:
39          (A) is attending the school; or
40          (B) will be enrolled at the school during the parent's or guardian's term of office.
41          (ii) "Parent or guardian member" may not include an educator who is employed at the
42     school.
43          (e) "Safety principles" means safety principles that, when incorporated into programs
44     and resources, impact academic achievement by strengthening a safe and wholesome learning
45     environment, including continual efforts for safe technology utilization and digital citizenship.
46          [(e)] (f) "School community council" means a council established at a district school in
47     accordance with this section.
48          [(f)] (g) "School employee member" means a member of a school community council
49     who is a person employed at the school by the school or school district, including the principal.
50          [(g)] (h) "School LAND Trust Program money" means money allocated to a school
51     pursuant to Section 53F-2-404.
52          (2) A district school, in consultation with the district school's local school board, shall
53     establish a school community council at the school building level for the purpose of:
54          (a) involving parents or guardians of students in decision making at the school level;
55          (b) improving the education of students;
56          (c) prudently expending School LAND Trust Program money for the improvement of

57     students' education through collaboration among parents and guardians, school employees, and
58     the local school board; and
59          (d) increasing public awareness of:
60          (i) school trust lands and related land policies;
61          (ii) management of the State School Fund established in Utah Constitution Article X,
62     Section V; and
63          (iii) educational excellence.
64          (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
65          (i) create a school improvement plan in accordance with Section 53G-7-1204;
66          (ii) create the School LAND Trust Program in accordance with Section 53G-7-1206;
67          (iii) advise and make recommendations to school and school district administrators and
68     the local school board regarding:
69          (A) the school and its programs;
70          (B) school district programs;
71          (C) a child access routing plan in accordance with Section 53G-4-402;
72          (D) safe technology utilization and digital citizenship; and
73          (E) other issues relating to the community environment for students;
74          (iv) provide for education and awareness on safe technology utilization and digital
75     citizenship that empowers:
76          (A) a student to make smart media and online choices; and
77          (B) a parent or guardian to know how to discuss safe technology use with the parent's
78     or guardian's child; [and]
79          (v) partner with the school's principal and other administrators to ensure that adequate
80     on and off campus Internet filtering is installed and consistently configured to prevent viewing
81     of harmful content by students and school personnel, in accordance with local school board
82     policy and Subsection 53G-7-216(3)[.]; and
83          (vi) in accordance with state board rule regarding school community council
84     expenditures and funding limits:
85          (A) work with students, families, and educators to develop and incorporate safety
86     principles at the school; and
87          (B) hold at least an annual discussion with the school's principal and district

88     administrators regarding safety principles at the school and district level in order to coordinate
89     the school community council's effort to develop and incorporate safety principles at the
90     school.
91          (b) To fulfill the school community council's duties described in Subsections (3)(a)(iv)
92     and (v), a school community council may:
93          (i) partner with one or more non-profit organizations; or
94          (ii) create a subcommittee.
95          (c) A school or school district administrator may not prohibit or discourage a school
96     community council from discussing issues, or offering advice or recommendations, regarding
97     the school and its programs, school district programs, the curriculum, or the community
98     environment for students.
99          (4) (a) Each school community council shall consist of school employee members and
100     parent or guardian members in accordance with this section.
101          (b) Except as provided in Subsection (4)(c) or (d):
102          (i) each school community council for a high school shall have six parent or guardian
103     members and four school employee members, including the principal; and
104          (ii) each school community council for a school other than a high school shall have
105     four parent or guardian members and two school employee members, including the principal.
106          (c) A school community council may determine the size of the school community
107     council by a majority vote of a quorum of the school community council provided that:
108          (i) the membership includes two or more parent or guardian members than the number
109     of school employee members; and
110          (ii) there are at least two school employee members on the school community council.
111          (d) (i) The number of parent or guardian members of a school community council who
112     are not educators employed by the school district shall exceed the number of parent or guardian
113     members who are educators employed by the school district.
114          (ii) If, after an election, the number of parent or guardian members who are not
115     educators employed by the school district does not exceed the number of parent or guardian
116     members who are educators employed by the school district, the parent or guardian members of
117     the school community council shall appoint one or more parent or guardian members to the
118     school community council so that the number of parent or guardian members who are not

119     educators employed by the school district exceeds the number of parent or guardian members
120     who are educators employed by the school district.
121          (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
122     the principal, shall be elected by secret ballot by a majority vote of the school employees and
123     serve a two-year term. The principal shall serve as an ex officio member with full voting
124     privileges.
125          (b) (i) Except as provided in Subsection (5)(f), a parent or guardian member shall be
126     elected by secret ballot at an election held at the school by a majority vote of those voting at the
127     election and serve a two-year term.
128          (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent or guardian of a
129     student attending the school may vote in, or run as a candidate in, the election under Subsection
130     (5)(b)(i).
131          (B) If an election is held in the spring, a parent or guardian of a student who will be
132     attending the school the following school year may vote in, and run as a candidate in, the
133     election under Subsection (5)(b)(i).
134          (iii) Any parent or guardian of a student who meets the qualifications of this section
135     may file or declare the parent's or guardian's candidacy for election to a school community
136     council.
137          (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
138     election of parent or guardian members of a school community council shall be established by
139     a local school board for the schools within the school district.
140          (B) An election for the parent or guardian members of a school community council
141     shall be held near the beginning of the school year or held in the spring and completed before
142     the last week of school.
143          (C) Each school shall establish a time period for the election of parent or guardian
144     members of a school community council under Subsection (5)(b)(iv)(B) that is consistent for at
145     least a four-year period.
146          (c) (i) At least 10 days before the date that voting commences for the elections held
147     under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
148     shall provide notice to each school employee, parent, or guardian, of the opportunity to vote in,
149     and run as a candidate in, an election under this Subsection (5).

150          (ii) The notice shall include:
151          (A) the dates and times of the elections;
152          (B) a list of council positions that are up for election; and
153          (C) instructions for becoming a candidate for a community council position.
154          (iii) The principal of the school, or the principal's designee, shall oversee the elections
155     held under Subsections (5)(a) and (5)(b).
156          (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
157     secure ballot box.
158          (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
159     available to the public upon request.
160          (e) (i) If a parent or guardian position on a school community council remains unfilled
161     after an election is held, the other parent or guardian members of the council shall appoint a
162     parent or guardian who meets the qualifications of this section to fill the position.
163          (ii) If a school employee position on a school community council remains unfilled after
164     an election is held, the other school employee members of the council shall appoint a school
165     employee to fill the position.
166          (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
167     (ii) shall serve a two-year term.
168          (f) (i) If the number of candidates who file for a parent or guardian position or school
169     employee position on a school community council is less than or equal to the number of open
170     positions, an election is not required.
171          (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent or guardian
172     position remains unfilled, the other parent or guardian members of the council shall appoint a
173     parent or guardian who meets the qualifications of this section to fill the position.
174          (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
175     position remains unfilled, the other school employee members of the council shall appoint a
176     school employee who meets the qualifications of this section to fill the position.
177          (g) The principal shall enter the names of the council members on the School LAND
178     Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
179          (h) Terms shall be staggered so that approximately half of the council members stand
180     for election each year.

181          (i) A school community council member may serve successive terms provided the
182     member continues to meet the definition of a parent or guardian member or school employee
183     member as specified in Subsection (1).
184          (j) Each school community council shall elect:
185          (i) a chair from its parent or guardian members; and
186          (ii) a vice chair from either its parent or guardian members or school employee
187     members, excluding the principal.
188          (6) (a) A school community council may create subcommittees or task forces to:
189          (i) advise or make recommendations to the council; or
190          (ii) develop all or part of a plan listed in Subsection (3).
191          (b) Any plan or part of a plan developed by a subcommittee or task force shall be
192     subject to the approval of the school community council.
193          (c) A school community council may appoint individuals who are not council members
194     to serve on a subcommittee or task force, including parents or guardians, school employees, or
195     other community members.
196          (7) (a) A majority of the members of a school community council is a quorum for the
197     transaction of business.
198          (b) The action of a majority of the members of a quorum is the action of the school
199     community council.
200          (8) A local school board shall provide training for a school community council each
201     year, including training:
202          (a) for the chair and vice chair about their responsibilities;
203          (b) on resources available on the School LAND Trust website; and
204          (c) on this part.
205          Section 2. Section 53G-7-1205 is amended to read:
206          53G-7-1205. Charter trust land councils.
207          (1) To receive School LAND Trust Program funding as described in Sections
208     53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust
209     land council, which shall prepare a plan for the use of School LAND Trust Program money that
210     includes the elements described in Subsection 53G-7-1206(4).
211          (2) (a) The membership of the council shall include parents or guardians of students

212     enrolled at the school and may include other members.
213          (b) The number of council members who are parents or guardians of students enrolled
214     at the school shall exceed all other members combined by at least two.
215          (3) A charter school governing board may serve as the charter trust land council that
216     prepares a plan for the use of School LAND Trust Program money if the membership of the
217     charter school governing board meets the requirements of Subsection (2)(b).
218          (4) (a) Except as provided in Subsection (4)(b), council members who are parents or
219     guardians of students enrolled at the school shall be elected in accordance with procedures
220     established by the charter school governing board.
221          (b) Subsection (4)(a) does not apply to a charter school governing board that serves as
222     the charter trust land council that prepares a plan for the use of School LAND Trust Program
223     money.
224          (5) A parent or guardian of a student enrolled at the school shall serve as chair or
225     co-chair of a charter trust land council that prepares a plan for the use of School LAND Trust
226     Program money.
227          (6) In accordance with state board rule regarding charter trust land council
228     expenditures and funding limits, a charter trust land council shall:
229          (a) work with students, families, and educators to develop and incorporate safety
230     principles, as defined in Section 53G-7-1202, at the school; and
231          (b) hold at least an annual discussion with charter school administrators to coordinate
232     efforts to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the
233     school level.