1     
SCHOOL BOARD EXPANSION REQUIREMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: A. Cory Maloy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to local school boards.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the size of a local school board based on student population in the local
13     school district; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-14-201, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
22          20A-14-202, as last amended by Laws of Utah 2019, Chapter 255
23          20A-14-203, as last amended by Laws of Utah 2016, Chapter 16
24          53G-3-305, as last amended by Laws of Utah 2019, Chapter 293
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 20A-14-201 is amended to read:
28          20A-14-201. Boards of education -- School board districts -- Creation --
29     Redistricting.
30          (1) [(a)] The county legislative body, for local school districts whose boundaries
31     encompass more than a single municipality, and the municipal legislative body, for local school
32     districts contained completely within a municipality, shall divide the local school district into
33     local school board districts as required under Subsection 20A-14-202(1)[(a)].
34          [(b)] (2) The county and municipal legislative bodies shall divide the school district so
35     that the local school board districts are substantially equal in population and are as contiguous
36     and compact as practicable.
37          [(2) (a)] (3) County and municipal legislative bodies shall redistrict local school board
38     districts to meet the population, compactness, and contiguity requirements of this section:
39          [(i)] (a) at least once every 10 years;
40          [(ii)] (b) if a new school district is created:
41          [(A)] (i) within 45 days after the canvass of an election at which voters approve the
42     creation of a new school district; and
43          [(B)] (ii) at least 60 days before the candidate filing deadline for a school board
44     election;
45          [(iii)] (c) whenever school districts are consolidated;
46          [(iv)] (d) whenever a school district loses more than 20% of the population of the
47     entire school district to another school district;
48          [(v)] (e) whenever a school district loses more than 50% of the population of a local
49     school board district to another school district;
50          [(vi)] (f) whenever a school district receives new residents equal to at least 20% of the
51     population of the school district at the time of the last redistricting because of a transfer of
52     territory from another school district; and
53          [(vii)] (g) whenever it is necessary to increase the membership of a board as a result of
54     changes in student membership under Section 20A-14-202.
55          [(b)] (4) If a school district receives territory containing less than 20% of the
56     population of the transferee district at the time of the last redistricting, the local school board
57     may assign the new territory to one or more existing school board districts.
58          [(3) (a)] (5) Redistricting does not affect the right of any school board member to
59     complete the term for which the member was elected.
60          [(b) (i)] (6) (a) After redistricting, representation in a local school board district shall
61     be determined as provided in this Subsection [(3)] (6).
62          [(ii)] (b) If, after redistricting, only one board member whose term extends beyond
63     redistricting lives within a [redistricted] local school board district, that board member shall
64     represent that local school board district.
65          [(iii) (A)] (c) If, after redistricting, two or more members whose terms extend beyond
66     redistricting live within a [redistricted] local school board district, the members involved shall
67     select one member by lot to represent the local school board district.
68          [(B)] (d) The other members shall serve at-large for the remainder of their terms.
69          [(C)] (e) The at-large board members shall serve in addition to the designated number
70     of board members for the board in question for the remainder of their terms.
71          [(iv)] (f) If there is no board member living within a local school board district whose
72     term extends beyond redistricting, the seat shall be treated as vacant and filled as provided in
73     this part.
74          [(4)] (7) (a) If, before an election affected by redistricting, the county or municipal
75     legislative body that conducted the redistricting determines that one or more members shall be
76     elected to terms of two years to meet this part's requirements for staggered terms, the legislative
77     body shall determine by lot which of the redistricted local school board districts will elect
78     members to two-year terms and which will elect members to four-year terms.
79          (b) All subsequent elections are for four-year terms.
80          [(5)] (8) Within 10 days after any local school board district boundary change, the
81     county or municipal legislative body making the change shall send an accurate map or plat of
82     the boundary change to the Utah Geospatial Resource Center created under Section
83     63A-16-505.
84          Section 2. Section 20A-14-202 is amended to read:
85          20A-14-202. Local boards of education -- Membership -- When elected --
86     Qualifications -- Avoiding conflicts of interest.
87          (1) (a) [Except as provided in Subsection (1)(b), the] The board of education of a
88     school district with a student population of [up to 24,000 students shall consist of] less than
89     10,000 students comprises five members.
90          (b) The board of education of a school district with a student population of [more than
91     10,000 students but fewer than 24,000 students shall increase from five to seven members
92     beginning with the 2004 regular general election] 10,000 or more students but fewer than
93     50,000 students comprises seven members.
94          (c) [The] Before January 1, 2023, the board of education of a school district with a
95     student population of [24,000] 50,000 or more students [shall consist of] comprises seven
96     members.
97          (d) Beginning on January 1, 2023:
98          (i) the board of education of a school district with a student population of 50,000 or
99     more students but fewer than 100,000 students:
100          (A) except as provided in Subsection (1)(d)(i)(B), comprises seven members; or
101          (B) comprises nine members if the applicable legislative body, by majority vote,
102     increases the board to nine members; and
103          (ii) the board of education of a school district with a student population of 100,000 or
104     more students comprises nine members.
105          [(d)] (e) Student population is based on the October 1 student count submitted by
106     districts to the State Board of Education.
107          [(e)] (f) If the number of members of a local school board [is required to change]
108     changes under Subsection (1)(b), (c), or (d), the [board shall be reapportioned and elections
109     conducted] county or municipality, as applicable, shall redistrict and hold elections as provided
110     in Sections 20A-14-201 and 20A-14-203.
111          [(f)] (g) [A school district which now has or increases to] Notwithstanding Subsections
112     (1)(a) through (d), a school district with a seven-member or nine-member board [shall maintain
113     a seven-member board] does not decrease in size, regardless of subsequent changes in student
114     population.
115          [(g)] (h) (i) Members of a local board of education shall be elected at each regular
116     general election.
117          (ii) Except as provided in Subsection [(1)(g)(iii),] (1)(h)(iii), in a regular general
118     election year:
119          (A) no more than three members of a local board of education may be elected to a
120     five-member board[, nor];
121          (B) no more than four members of a local board of education may be elected to a
122     seven-member board[, in any election year.]; and
123          (C) no more than five members of a local board of education may be elected to a
124     nine-member board.
125          (iii) [More than three members of a local board of education may be elected to a
126     five-member board and more than four members elected to a seven-member board in any
127     election year] A number of members, in excess of the maximums described in Subsection
128     (1)(h)(ii), may be elected only when required [by reapportionment or] due to redistricting, to
129     fill a vacancy, or to implement [Subsection (1)(b)] Subsections (1)(b) through (d).
130          [(h)] (i) One member of the local board of education shall be elected from each local
131     school board district.
132          (2) (a) An individual seeking election to a local school board shall have been a resident
133     of the local school board district in which the person is seeking election for at least one year
134     immediately preceding the day of the general election at which the board position will be filled.
135          (b) A person who has resided within the local school board district, as the boundaries
136     of the district exist on the date of the general election, for one year immediately preceding the
137     date of the election shall be considered to have met the requirements of this Subsection (2).
138          (3) A member of a local school board shall:
139          (a) be and remain a registered voter in the local school board district from which the
140     member is elected or appointed; and
141          (b) maintain the member's primary residence within the local school board district from
142     which the member is elected or appointed during the member's term of office.
143          (4) A member of a local school board may not, during the member's term in office, also
144     serve as an employee of that board.
145          Section 3. Section 20A-14-203 is amended to read:
146          20A-14-203. Becoming a member of a local board of education -- Declaration of
147     candidacy -- Election.
148          (1) An individual may become a candidate for a local school board by:
149          [(a) (i) in the 2016 general election, by filing a declaration of candidacy with the
150     county clerk, in accordance with Section 20A-9-202, before 5 p.m. on March 17, 2016; or]
151          [(ii)] (a) [in a general election held after 2016, by] filing a declaration of candidacy
152     with the county clerk on or after the second Friday in March, and before 5 p.m. on the third
153     Thursday in March, before the next regular general election; and
154          (b) [by] paying the fee described in Section 20A-9-202.
155          (2) (a) The term of office for an individual elected to a local board of education is four
156     years, beginning on the first Monday in January after the election.
157          (b) A member of a local board of education shall serve until a successor is:
158          (i) elected; or
159          (ii) appointed and [qualified. (c) A member of a local board of education is "qualified"
160     when the member] takes or signs the constitutional oath of office.
161          Section 4. Section 53G-3-305 is amended to read:
162          53G-3-305. Redistricting -- Local school board membership.
163          (1) Upon the creation of a new school district, the [county] applicable legislative body
164     shall [reapportion] redistrict the affected school districts [pursuant to] in accordance with
165     Section 20A-14-201.
166          (2) Except as provided in Section 53G-3-302, local school board membership in the
167     affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of
168     Members of Local Boards of Education.