Chief Sponsor: Jefferson Moss

Senate Sponsor: Ann Millner


8     General Description:
9          This bill amends provisions related to reporting and the administration of the School
10     Learning and Nurturing Development Trust Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals a requirement for a principal to post certain information on the school's
14     website regarding school community councils;
15          ▸     amends the date by which a local education agency ("LEA") completes an annual
16     report;
17          ▸     removes the deadlines and changes the method by which an LEA reports certain
18     expenditures;
19          ▸     amends a training requirement to clarify that the Utah State Board of Education is
20     responsible for certain training related to the School Learning and Nurturing
21     Development Trust Program; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53G-7-1203, as last amended by Laws of Utah 2019, Chapters 293 and 505

30          53G-7-1206, as last amended by Laws of Utah 2020, Chapter 408

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53G-7-1203 is amended to read:
34          53G-7-1203. School community councils -- Open and public meeting
35     requirements.
36          (1) As used in this section:
37          (a) (i) "Charter trust land council" means a council established by a charter school
38     governing board under Section 53G-7-1205.
39          (ii) "Charter trust land council" does not include a charter school governing board
40     acting as a charter trust land council.
41          (b) "Council" means a school community council or a charter trust land council.
42          (c) "School community council" means a council established at a school within a
43     school district under Section 53G-7-1202.
44          (d) "Teacher and student success plan" means the same as that term is defined in
45     Section 53G-7-1301.
46          (2) A school community council or a charter trust land council:
47          (a) shall conduct deliberations and take action openly as provided in this section; and
48          (b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
49          (3) (a) As required by Section 53G-7-1202, a local school board shall provide training
50     for the members of a school community council on this section.
51          (b) A charter school governing board shall provide training for the members of a
52     charter trust land council on this section.
53          (4) (a) A meeting of a council is open to the public.
54          (b) A council may not close any portion of a meeting.
55          (5) A council shall, at least one week prior to a meeting, post the following information
56     on the school's website:
57          (a) a notice of the meeting, time, and place;

58          (b) an agenda for the meeting; and
59          (c) the minutes of the previous meeting.
60          [(6) (a) On or before October 20, a principal shall post the following information on
61     the school website and in the school office:]
62          [(i) the proposed council meeting schedule for the year;]
63          [(ii) a telephone number or email address, or both, where each council member can be
64     reached directly; and]
65          [(iii) a summary of the annual report required under Section 53G-7-1206 on how the
66     school's School LAND Trust Program money was used to enhance or improve academic
67     excellence at the school and implement a component of the school's teacher and student
68     success plan.]
69          [(b) (i) A council shall identify and use methods of providing the information listed in
70     Subsection (6)(a) to a parent who does not have Internet access.]
71          [(ii) Money allocated to a school under the School LAND Trust Program under Section
72     53F-2-404 may not be used to provide information as required by Subsection (6)(b)(i).]
73          [(7)] (6) (a) The notice requirement of Subsection (5) may be disregarded if:
74          (i) because of unforeseen circumstances it is necessary for a council to hold an
75     emergency meeting to consider matters of an emergency or urgent nature; and
76          (ii) the council gives the best notice practicable of:
77          (A) the time and place of the emergency meeting; and
78          (B) the topics to be considered at the emergency meeting.
79          (b) An emergency meeting of a council may not be held unless:
80          (i) an attempt has been made to notify all the members of the council; and
81          (ii) a majority of the members of the council approve the meeting.
82          [(8)] (7) (a) An agenda required under Subsection (5)(b) shall provide reasonable
83     specificity to notify the public as to the topics to be considered at the meeting.
84          (b) Each topic described in Subsection [(8)] (7)(a) shall be listed under an agenda item
85     on the meeting agenda.

86          (c) A council may not take final action on a topic in a meeting unless the topic is:
87          (i) listed under an agenda item as required by Subsection [(8)] (7)(b); and
88          (ii) included with the advance public notice required by Subsection (5).
89          [(9)] (8) (a) Written minutes shall be kept of a council meeting.
90          (b) Written minutes of a council meeting shall include:
91          (i) the date, time, and place of the meeting;
92          (ii) the names of members present and absent;
93          (iii) a brief statement of the matters proposed, discussed, or decided;
94          (iv) a record, by individual member, of each vote taken;
95          (v) the name of each person who:
96          (A) is not a member of the council; and
97          (B) after being recognized by the chair, provided testimony or comments to the
98     council;
99          (vi) the substance, in brief, of the testimony or comments provided by the public under
100     Subsection [(9)] (8)(b)(v); and
101          (vii) any other information that is a record of the proceedings of the meeting that any
102     member requests be entered in the minutes.
103          (c) The written minutes of a council meeting:
104          (i) are a public record under Title 63G, Chapter 2, Government Records Access and
105     Management Act; and
106          (ii) shall be retained for three years.
107          [(10)] (9) (a) As used in this Subsection [(10)] (9), "rules of order and procedure"
108     means a set of policies that govern and prescribe in a public meeting:
109          (i) parliamentary order and procedure;
110          (ii) ethical behavior; and
111          (iii) civil discourse.
112          (b) A council shall:
113          (i) adopt rules of order and procedure to govern a public meeting of the council;

114          (ii) conduct a public meeting in accordance with the rules of order and procedure
115     described in Subsection [(10)] (9)(b)(i); and
116          (iii) make the rules of order and procedure described in Subsection [(10)] (9)(b)(i)
117     available to the public:
118          (A) at each public meeting of the council; and
119          (B) on the school's website.
120          Section 2. Section 53G-7-1206 is amended to read:
121          53G-7-1206. School LAND Trust Program.
122          (1) As used in this section:
123          (a) "Charter school authorizer" means the same as that term is defined in Section
124     53G-5-102.
125          (b) "Charter trust land council" means a council established by a charter school
126     governing board under Section 53G-7-1205.
127          (c) "Council" means a school community council or a charter trust land council.
128          (d) "LAND trust plan" means a school's plan to use School LAND Trust Program
129     money to implement a component of the school's success plan.
130          (e) "School community council" means a council established at a district school in
131     accordance with Section 53G-7-1202.
132          (f) "Teacher and student success plan" or "success plan" means the same as that term is
133     defined in Section 53G-7-1301.
134          (2) There is established the School LAND (Learning And Nurturing Development)
135     Trust Program under the state board to:
136          (a) provide financial resources to public schools to enhance or improve student
137     academic achievement and implement a component of a district school or charter school's
138     teacher and student success plan; and
139          (b) involve parents of a school's students in decision making regarding the expenditure
140     of School LAND Trust Program money allocated to the school.
141          (3) To receive an allocation under Section 53F-2-404:

142          (a) a district school shall have established a school community council in accordance
143     with Section 53G-7-1202;
144          (b) a charter school shall have established a charter trust land council in accordance
145     with Section 53G-7-1205; and
146          (c) the school's principal shall provide a signed, written assurance that the school is in
147     compliance with Subsection (3)(a) or (b).
148          (4) (a) A council shall create a program to use the school's allocation distributed under
149     Section 53F-2-404 to implement a component of the school's success plan, including:
150          (i) the school's identified most critical academic needs;
151          (ii) a recommended course of action to meet the identified academic needs;
152          (iii) a specific listing of any programs, practices, materials, or equipment that the
153     school will need to implement a component of the school's success plan to have a direct impact
154     on the instruction of students and result in measurable increased student performance; and
155          (iv) how the school intends to spend the school's allocation of funds under this section
156     to enhance or improve academic excellence at the school.
157          (b) (i) A council shall create and vote to adopt a LAND trust plan in a meeting of the
158     council at which a quorum is present.
159          (ii) If a majority of the quorum votes to adopt a LAND trust plan, the LAND trust plan
160     is adopted.
161          (c) A council shall:
162          (i) post a LAND trust plan that is adopted in accordance with Subsection (4)(b) on the
163     School LAND Trust Program website; and
164          (ii) include with the LAND trust plan a report noting the number of council members
165     who voted for or against the approval of the LAND trust plan and the number of council
166     members who were absent for the vote.
167          (d) (i) The local school board of a district school shall approve or disapprove a LAND
168     trust plan.
169          (ii) If a local school board disapproves a LAND trust plan:

170          (A) the local school board shall provide a written explanation of why the LAND trust
171     plan was disapproved and request the school community council who submitted the LAND
172     trust plan to revise the LAND trust plan; and
173          (B) the school community council shall submit a revised LAND trust plan in response
174     to a local school board's request under Subsection (4)(d)(ii)(A).
175          (iii) Once a LAND trust plan has been approved by a local school board, a school
176     community council may amend the LAND trust plan, subject to a majority vote of the school
177     community council and local school board approval.
178          (e) A charter trust land council's LAND trust plan is subject to approval by the:
179          (i) charter school governing board; and
180          (ii) charter school's charter school authorizer.
181          (5) (a) A district school or charter school shall:
182          (i) implement the program as approved;
183          (ii) provide ongoing support for the council's program; and
184          (iii) meet state board reporting requirements regarding financial and performance
185     accountability of the program.
186          (b) (i) A district school or charter school shall prepare and post an annual report of the
187     program on the School LAND Trust Program website [each fall] before the council submits a
188     plan for the following year.
189          (ii) The report shall detail the use of program funds received by the school under this
190     section and an assessment of the results obtained from the use of the funds.
191          (iii) A summary of the report shall be provided to parents of students attending the
192     school.
193          (6) [On or before October 1 of each year, a school district shall record the amount of
194     the program funds distributed to each school under Section 53F-2-404 on the School LAND
195     Trust Program website] An LEA shall record the LEA's expenditures of School LAND Trust
196     Program funds through a financial reporting system that the board identifies to assist schools in
197     developing the annual report described in Subsection (5)(b).

198          (7) The president or chair of a local school board or charter school governing board
199     shall ensure that the members of the local school board or charter school governing board are
200     provided with annual training on the requirements of this section.
201          (8) (a) The [School LAND Trust Program] state board shall provide training to the
202     entities described in Subsection (8)(b) on:
203          (i) the School LAND Trust Program; and
204          (ii) (A) a school community council; or
205          (B) a charter trust land council.
206          (b) The [School LAND Trust Program] state board shall provide the training to:
207          (i) a local school board or a charter school governing board;
208          (ii) a school district or a charter school; and
209          (iii) a school community council.
210          (9) The [School LAND Trust Program] state board shall annually review each school's
211     compliance with applicable law, including rules adopted by the state board in accordance with
212     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by:
213          (a) reading each LAND trust plan submitted; and
214          (b) reviewing expenditures made from School LAND Trust Program money.
215          (10) The state board shall designate a staff member who administers the School LAND
216     Trust Program:
217          (a) to serve as a member of the Land Trusts Protection and Advocacy Committee
218     created under Section 53D-2-202; and
219          (b) who may coordinate with the Land Trusts Protection and Advocacy Office director,
220     appointed under Section 53D-2-203, to attend meetings or events within the School and
221     Institutional Trust System, as defined in Section 53D-2-102, that relate to the School LAND
222     Trust Program.