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7 LONG TITLE
8 General Description:
9 This bill amends and creates certain processes and requirements regarding school
10 district creation.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends and creates certain processes and requirements regarding school district
15 creation;
16 ▸ requires a feasibility study before a school district creation;
17 ▸ requires a local school board to publish a feasibility study online and for public
18 comment;
19 ▸ prohibits school employees and school board members from using public resources
20 for certain purposes;
21 ▸ allows for use of a special election to elect certain school board members;
22 ▸ allows for a legislative body to:
23 • resolve a disagreement regarding allocation of assets; and
24 • assist a new school district in securing funds for startup costs;
25 ▸ increases the distribution amount of funds allowed for a new school district; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 36-12-15, as last amended by Laws of Utah 2023, Chapter 21
34 53G-3-102, as renumbered and amended by Laws of Utah 2018, Chapter 3
35 53G-3-202, as last amended by Laws of Utah 2023, Chapter 252
36 53G-3-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
37 53G-3-301, as last amended by Laws of Utah 2023, Chapter 116
38 53G-3-302, as last amended by Laws of Utah 2019, Chapter 293
39 53G-3-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
40 53G-3-304, as last amended by Laws of Utah 2023, Chapter 7
41 53G-3-305, as last amended by Laws of Utah 2022, Chapter 265
42 53G-3-306, as last amended by Laws of Utah 2019, Chapter 293
43 53G-3-307, as last amended by Laws of Utah 2019, Chapter 293
44 53G-3-308, as last amended by Laws of Utah 2019, Chapter 293
45 53G-4-402, as last amended by Laws of Utah 2023, Chapters 16, 252, 343, 352, and
46 435
47 ENACTS:
48 53G-3-301.1, Utah Code Annotated 1953
49 53G-3-301.2, Utah Code Annotated 1953
50 53G-3-301.3, Utah Code Annotated 1953
51 53G-3-301.4, Utah Code Annotated 1953
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 36-12-15 is amended to read:
55 36-12-15. Office of the Legislative Auditor General established -- Qualifications --
56 Powers, functions, and duties -- Reporting -- Criminal penalty -- Employment.
57 (1) As used in this section:
58 (a) "Entity" means:
59 (i) a government organization; or
60 (ii) a receiving organization.
61 (b) "Government organization" means:
62 (i) a state branch, department, or agency; or
63 (ii) a political subdivision, including a county, municipality, special district, special
64 service district, school district, interlocal entity as defined in Section 11-13-103, or any other
65 local government unit.
66 (c) "Receiving organization" means an organization that receives public funds that is
67 not a government organization.
68 (2) There is created the Office of the Legislative Auditor General as a permanent staff
69 office for the Legislature.
70 (3) The legislative auditor general shall be a licensed certified public accountant or
71 certified internal auditor with at least seven years of experience in the auditing or public
72 accounting profession, or the equivalent, prior to appointment.
73 (4) The legislative auditor general shall appoint and develop a professional staff within
74 budget limitations.
75 (5) The Office of the Legislative Auditor General shall exercise the constitutional
76 authority provided in Utah Constitution, Article VI, Section 33.
77 (6) Under the direction of the legislative auditor general, the Office of the Legislative
78 Auditor General shall:
79 (a) conduct comprehensive and special purpose audits, examinations, investigations, or
80 reviews of entity funds, functions, and accounts;
81 (b) prepare and submit a written report on each audit, examination, investigation, or
82 review to the Audit Subcommittee created in Section 36-12-8 and make the report available to
83 all members of the Legislature within 75 days after the audit, examination, investigation, or
84 review is completed;
85 (c) monitor, conduct a risk assessment of, or audit any efficiency evaluations that the
86 legislative auditor general determines necessary, in accordance with Title 63J, Chapter 1, Part
87 9, Government Performance Reporting and Efficiency Process, and legislative rule;
88 (d) create, manage, and report to the Audit Subcommittee a list of high risk programs
89 and operations that:
90 (i) threaten public funds or programs;
91 (ii) are vulnerable to inefficiency, waste, fraud, abuse, or mismanagement; or
92 (iii) require transformation;
93 (e) monitor and report to the Audit Subcommittee the health of a government
94 organization's internal audit functions;
95 (f) make recommendations to increase the independence and value added of internal
96 audit functions throughout the state;
97 (g) implement a process to track, monitor, and report whether the subject of an audit
98 has implemented recommendations made in the audit report;
99 (h) establish, train, and maintain individuals within the office to conduct investigations
100 and represent themselves as lawful investigators on behalf of the office;
101 (i) establish policies, procedures, methods, and standards of audit work and
102 investigations for the office and staff;
103 (j) prepare and submit each audit and investigative report independent of any influence
104 external of the office, including the content of the report, the conclusions reached in the report,
105 and the manner of disclosing the legislative auditor general's findings;
106 (k) prepare and submit the annual budget request for the office; and
107 (l) perform other duties as prescribed by the Legislature.
108 (7) In conducting an audit, examination, investigation, or review of an entity, the
109 Office of the Legislative Auditor General may include a determination of any or all of the
110 following:
111 (a) the honesty and integrity of any of the entity's fiscal affairs;
112 (b) the accuracy and reliability of the entity's internal control systems and specific
113 financial statements and reports;
114 (c) whether or not the entity's financial controls are adequate and effective to properly
115 record and safeguard the entity's acquisition, custody, use, and accounting of public funds;
116 (d) whether the entity's administrators have complied with legislative intent;
117 (e) whether the entity's operations have been conducted in an efficient, effective, and
118 cost efficient manner;
119 (f) whether the entity's programs have been effective in accomplishing intended
120 objectives; and
121 (g) whether the entity's management control and information systems are adequate and
122 effective.
123 (8) (a) If requested by the Office of the Legislative Auditor General, each entity that the
124 legislative auditor general is authorized to audit under Utah Constitution, Article VI,
125 Section 33, or this section shall, notwithstanding any other provision of law except as provided
126 in Subsection (8)(b), provide the office with access to information, materials, or resources the
127 office determines are necessary to conduct an audit, examination, investigation, or review,
128 including:
129 (i) the following in the possession or custody of the entity in the format identified by
130 the office:
131 (A) a record, document, and report; and
132 (B) films, tapes, recordings, and electronically stored information;
133 (ii) entity personnel; and
134 (iii) each official or unofficial recording of formal or informal meetings or
135 conversations to which the entity has access.
136 (b) To the extent compliance would violate federal law, the requirements of Subsection
137 (8)(a) do not apply.
138 (9) (a) In carrying out the duties provided for in this section and under Utah
139 Constitution, Article VI, Section 33, the legislative auditor general may issue a subpoena to
140 access information, materials, or resources in accordance with Chapter 14, Legislative
141 Subpoena Powers.
142 (b) The legislative auditor general may issue a subpoena, as described in Subsection
143 (9)(a), to a financial institution or any other entity to obtain information as part of an
144 investigation of fraud, waste, or abuse, including any suspected malfeasance, misfeasance, or
145 nonfeasance involving public funds.
146 (10) To preserve the professional integrity and independence of the office:
147 (a) no legislator or public official may urge the appointment of any person to the office;
148 and
149 (b) the legislative auditor general may not be appointed to serve on any board,
150 authority, commission, or other agency of the state during the legislative auditor general's term
151 as legislative auditor general.
152 (11) (a) The following records in the custody or control of the legislative auditor
153 general are protected records under Title 63G, Chapter 2, Government Records Access and
154 Management Act:
155 (i) records and audit work papers that would disclose information relating to
156 allegations of personal misconduct, gross mismanagement, or illegal activity of a past or
157 present governmental employee if the information or allegation cannot be corroborated by the
158 legislative auditor general through other documents or evidence, and the records relating to the
159 allegation are not relied upon by the legislative auditor general in preparing a final audit report;
160 (ii) records and audit workpapers that would disclose the identity of a person who,
161 during the course of a legislative audit, communicated the existence of:
162 (A) unethical behavior;
163 (B) waste of public funds, property, or personnel; or
164 (C) a violation or suspected violation of a United States, Utah state, or political
165 subdivision law, rule, ordinance, or regulation, if the person disclosed on the condition that the
166 identity of the person be protected;
167 (iii) before an audit is completed and the final audit report is released, records or drafts
168 circulated to a person who is not an employee or head of an entity for review, response, or
169 information;
170 (iv) records that would disclose:
171 (A) an outline;
172 (B) all or part of an audit survey, audit risk assessment plan, or audit program; or
173 (C) other procedural documents necessary to fulfill the duties of the office; and
174 (v) requests for audits, if disclosure would risk circumvention of an audit.
175 (b) The provisions of Subsection (11)(a) do not prohibit the disclosure of records or
176 information to a government prosecutor or peace officer if those records or information relate
177 to a violation of the law by an entity or entity employee.
178 (c) A record, as defined in Section 63G-2-103, created by the Office of the Legislative
179 Auditor General in a closed meeting held in accordance with Section 52-4-205:
180 (i) is a protected record, as defined in Section 63G-2-103;
181 (ii) to the extent the record contains information:
182 (A) described in Section 63G-2-302, is a private record; or
183 (B) described in Section 63G-2-304, is a controlled record; and
184 (iii) may not be reclassified by the office.
185 (d) The provisions of this section do not limit the authority otherwise given to the
186 legislative auditor general to maintain the private, controlled, or protected record status of a
187 shared record in the legislative auditor general's possession or classify a document as public,
188 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
189 Management Act.
190 (12) The legislative auditor general shall:
191 (a) be available to the Legislature and to the Legislature's committees for consultation
192 on matters relevant to areas of the legislative auditor general's professional competence;
193 (b) conduct special audits as requested by the Audit Subcommittee;
194 (c) report immediately to the Audit Subcommittee any apparent violation of penal
195 statutes disclosed by the audit of an entity and furnish to the Audit Subcommittee all
196 information relative to the apparent violation;
197 (d) report immediately to the Audit Subcommittee any apparent instances of
198 malfeasance or nonfeasance by an entity officer or employee disclosed by the audit of an entity;
199 and
200 (e) make any recommendations to the Audit Subcommittee with respect to the
201 alteration or improvement of the accounting system used by an entity.
202 (13) If the legislative auditor general conducts an audit of an entity that has previously
203 been audited and finds that the entity has not implemented a recommendation made by the
204 legislative auditor general in a previous audit, the legislative auditor general shall, upon release
205 of the audit:
206 (a) report immediately to the Audit Subcommittee that the entity has not implemented
207 that recommendation; and
208 (b) shall report, as soon as possible, that the entity has not implemented that
209 recommendation to an appropriate legislative committee designated by the Audit
210 Subcommittee.
211 (14) Before each annual general session, the legislative auditor general shall:
212 (a) prepare an annual report that:
213 (i) summarizes the audits, examinations, investigations, and reviews conducted by the
214 office since the last annual report; and
215 (ii) evaluate and report the degree to which an entity that has been the subject of an
216 audit has implemented the audit recommendations;
217 (b) include in the report any items and recommendations that the legislative auditor
218 general believes the Legislature should consider in the annual general session; and
219 (c) deliver the report to the Legislature and to the appropriate committees of the
220 Legislature.
221 (15) (a) If the chief officer of an entity has actual knowledge or reasonable cause to
222 believe that there is misappropriation of the entity's public funds or assets, or another entity
223 officer has actual knowledge or reasonable cause to believe that the chief officer is
224 misappropriating the entity's public funds or assets, the chief officer or, alternatively, the other
225 entity officer, shall immediately notify, in writing:
226 (i) the Office of the Legislative Auditor General;
227 (ii) the attorney general, county attorney, or district attorney; and
228 (iii) (A) for a state government organization, the chief executive officer;
229 (B) for a political subdivision government organization, the legislative body or
230 governing board; or
231 (C) for a receiving organization, the governing board or chief executive officer unless
232 the chief executive officer is believed to be misappropriating the funds or assets, in which case
233 the next highest officer of the receiving organization.
234 (b) As described in Subsection (15)(a), the entity chief officer or, if applicable, another
235 entity officer, is subject to the protections of Title 67, Chapter 21, Utah Protection of Public
236 Employees Act.
237 (c) If the Office of the Legislative Auditor General receives a notification under
238 Subsection (15)(a) or other information of misappropriation of public funds or assets of an
239 entity, the office shall inform the Audit Subcommittee.
240 (d) The attorney general, county attorney, or district attorney shall notify, in writing,
241 the Office of the Legislative Auditor General whether the attorney general, county attorney, or
242 district attorney pursued criminal or civil sanctions in the matter.
243 (16) (a) An actor commits interference with a legislative audit if the actor uses force,
244 violence, intimidation, or engages in any other unlawful act with a purpose to interfere with:
245 (i) a legislative audit, examination, investigation, or review of an entity conducted by
246 the Office of the Legislative Auditor General; or
247 (ii) the Office of the Legislative Auditor General's decisions relating to:
248 (A) the content of the office's report;
249 (B) the conclusions reached in the office's report; or
250 (C) the manner of disclosing the results and findings of the office.
251 (b) A violation of Subsection (16)(a) is a class B misdemeanor.
252 (17) (a) Beginning July 1, 2020, the Office of the Legislative Auditor General may
253 require any current employee, or any applicant for employment, to submit to a
254 fingerprint-based local, regional, and criminal history background check as an ongoing
255 condition of employment.
256 (b) An employee or applicant for employment shall provide a completed fingerprint
257 card to the office upon request.
258 (c) The Office of the Legislative Auditor General shall require that an individual
259 required to submit to a background check under this Subsection (17) also provide a signed
260 waiver on a form provided by the office that meets the requirements of Subsection
261 53-10-108(4).
262 (d) For a noncriminal justice background search and registration in accordance with
263 Subsection 53-10-108(13), the office shall submit to the Bureau of Criminal Identification:
264 (i) the employee's or applicant's personal identifying information and fingerprints for a
265 criminal history search of applicable local, regional, and national databases; and
266 (ii) a request for all information received as a result of the local, regional, and
267 nationwide background check.
268 (18) The Office of the Legislative Auditor General shall conduct a feasibility study
269 under Section 53G-3-301.1, 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4 upon the request of
270 the appropriate legislative body in accordance with Subsection (6)(a).
271 Section 2. Section 53G-3-102 is amended to read:
272 53G-3-102. Definitions.
273 As used in this chapter:
274 (1) "Allocation date" means:
275 (a) June 20 of the second calendar year after the [
276
277 district under Section 53G-3-301.1, 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4; or
278 (b) another date [
279 mutually agree as described in Section 53G-3-302 [
280 [
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288 [
289 means [
290 (a) an existing school district from which a new district is created[
291 53G-3-301.1, 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4; and
292 (b) an existing school district from which a reorganized new school district is created.
293 (4) "Feasibility study" means a study conducted by a school district before May 1,
294 2024, or by the Office of the Legislative Auditor General, to determine:
295 (a) the financial viability for a new school district and reorganized new school district
296 that is contained within the boundaries of a divided school district;
297 (b) the financial impact on a new school district and reorganized new school district
298 that is contained within the boundaries of a divided school district; and
299 (c) the impact of the tax burden on taxpayers within the boundaries of the proposed
300 new school district.
301 (5) "Interlocal agreement participant" means a public agency, as that term is defined in
302 Section 11-13-103, that enters into an agreement with one or more other public agencies for the
303 purpose described in and in accordance with Title 11, Chapter 13, Interlocal Cooperation Act.
304 (6) "Municipality" means the same as that term is defined in Section 10-1-104.
305 [
306 [
307 53G-3-301.4
308 [
309 (8) "Reorganized new school district" means [
310 divided school district after the creation of a new school district under Section 53G-3-301.1,
311 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4.
312 [
313
314 Section 3. Section 53G-3-202 is amended to read:
315 53G-3-202. School districts independent of municipal and county governments --
316 School district name -- Control of property.
317 (1) (a) Each school district shall be controlled by its local school board and shall be
318 independent of municipal and county governments.
319 (b) The name of each school district created after May 1, 2000[
320 (i) shall comply with [
321 (ii) may not use the name of a divided school district.
322 (2) The local school board shall have direction and control of all school property in the
323 district and may enter into cooperative agreements with other local school boards to provide
324 educational services that best utilize resources for overall operation of the public school
325 system.
326 (3) (a) On or before 30 days after the day on which the creation of a new school district
327 occurs under Section 53G-3-301.1, 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4, and in
328 accordance with Section 67-1a-15, a new school district shall be registered as a limited purpose
329 entity by:
330 (i) the municipal legislative body in which the boundaries for the new school district is
331 entirely located; or
332 (ii) the legislative body of interlocal agreement participants in which the new school
333 district is located.
334 [
335 as a limited purpose entity[
336 [
337 (b) or Section 67-1a-15 is subject to enforcement by the state auditor[
338 Section 67-3-1.
339 Section 4. Section 53G-3-203 is amended to read:
340 53G-3-203. Filing of notice and plat relating to school district boundary changes
341 including creation, consolidation, division, or dissolution -- Recording requirements --
342 Effective date.
343 (1) The county legislative body shall[
344 creation, consolidation, division, or dissolution of a school district occurs, file with the
345 lieutenant governor:
346 [
347 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
348 [
349 plat, as defined in Section 67-1a-6.5[
350 [
351 certificate of boundary action under Section 67-1a-6.5, shall:
352 [
353 boundary of a single county, submit to the recorder of that county:
354 [
355 [
356 [
357 [
358 [
359 or
360 [
361 boundaries of more than a single county:
362 [
363 [
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365 [
366 and
367 [
368 [
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370 [
371 [
372 67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the
373 boundary of a new or [
374 action has legal effect.
375 (b) (i) As used in this Subsection [
376 (A) in the case of the creation of a school district, the area within the school district's
377 boundary;
378 (B) in the case of the consolidation of multiple school districts, the area within the
379 boundary of each school district that is consolidated into another school district;
380 (C) in the case of the division of a school district, the area within the boundary of the
381 school district created by the division; and
382 (D) in the case of an addition to an existing school district, the area added to the school
383 district.
384 (ii) [
385 date of a boundary action, as that term is defined in Section 17-23-20, [
386
387 (iii) [
388
389 collect a property tax on property within the affected area until the county legislative body
390 records the documents listed in Subsection (2) in the office of the recorder of each county in
391 which the property is located.
392 Section 5. Section 53G-3-301 is amended to read:
393 53G-3-301. Creation of new school district -- Requirements -- Prohibitions.
394 (1) A new school district may be created from one or more existing school districts, as
395 provided in this [
396 (2) The process to create a new school district may be initiated:
397 (a) through a citizens' initiative petition, in accordance with Section 53G-3-301.1;
398 (b) at the request of the local school board of the [
399 to be affected by the creation of the new district[
400 (c) at the request of a [
401 (d) at the request of interlocal agreement participants, [
402 with a population of at least 35,000, as determined by the lieutenant governor using the
403 processes described in Subsection 67-1a-2(3), and in accordance with Section 53G-3-301.3 or
404 53G-3-301.4.
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538 (3) Except as provided in Section 53G-3-301.4, a request or petition under Subsection
539 (2) may not form a new school district unless the new school district boundaries:
540 (a) are contiguous;
541 (b) do not completely surround or otherwise completely geographically isolate a
542 portion of the existing school district that is not part of the proposed new school district from
543 the remaining part of that existing school district;
544 (c) include the entire boundaries of each participant municipality or town;
545 (d) do not cross county lines; and
546 (e) have a combined student population of at least 5,000 students and no more than
547 40,000 students.
548 (4) For purposes of determining whether the boundaries of a proposed new school
549 district cross county lines under Subsection (3):
550 (a) a municipality located in more than one county and entirely within the boundaries
551 of a single school district is considered to be entirely within the same county as other
552 participants in an interlocal agreement under Section 53G-3-301.4 if more of the municipality's
553 land area and population is located in that same county than outside the county; and
554 (b) a municipality located in more than one county that participates in an interlocal
555 agreement under Subsection (2) with respect to some but not all of the area within the
556 municipality's boundaries on the basis of the exception stated in Section 53G-3-301.4 may not
557 be considered to cross county lines.
558 (5) For each new school district, each county legislative body shall comply with the
559 notice and plat filing requirements of Section 53G-3-203.
560 (6) If a new school district is created, the new district shall reimburse the reorganized
561 new district's documented costs to study and implement the proposal in proportion to the
562 student populations of each school district.
563 (7) An inadequacy of a feasibility study, as defined in Section 53G-3-102, may not be
564 the basis of a legal action or other challenge to:
565 (a) an election for voter approval of the creation of a new school district; or
566 (b) the creation of the new school district.
567 (8) Notwithstanding the creation of a new district as provided in this part:
568 (a) a new school district and a reorganized new school district may not begin to
569 provide educational services to the area within the new school district and reorganized new
570 school district until July 1 of the second calendar year following the local school board election
571 date as described in Section 53G-3-301.1, 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4; and
572 (b) the divided school district shall continue, until the time specified in Subsection
573 (8)(a), to provide educational services within the entire area covered by the divided school
574 district.
575 (9) A new school district and a reorganized new school district shall enter into a shared
576 services agreement that permits students residing in each new school district access to attend a
577 school that serves students with disabilities within or outside of each school district boundary:
578 (a) with an equal per student assessment; and
579 (b) without affecting services provided to other students.
580 (10) A school district employee or local school board member may not use public
581 resources to:
582 (a) advocate for or against a school district creation;
583 (b) create a public issues committee relating to a school district creation; or
584 (c) conduct a survey relating to a school district creation.
585 (11) A school district employee or local school board member who violates Subsection
586 (1) is subject to:
587 (a) disciplinary action in accordance with Section 53E-3-401; or
588 (b) disciplinary action as provided in school district or local school board rule.
589 Section 6. Section 53G-3-301.1 is enacted to read:
590 53G-3-301.1. Creation of a new school district -- Citizen's initiative petition --
591 Procedures to be followed.
592 (1) Citizens may initiate the creation of a new school district through a citizens'
593 initiative petition in accordance with this section and Section 53G-3-301.
594 (2) (a) The county clerk shall ensure that an initiative petition submitted under this
595 section is signed by registered voters residing within the geographical boundaries of the
596 proposed new school district in an amount equal to at least 15% of all votes cast within the
597 geographic boundaries of the proposed new school district for all candidates for president of
598 the United States at the last regular general election at which a president of the United States
599 was elected.
600 (b) The sponsors of a petition submitted under Subsection (2)(a) shall file a petition
601 with the clerk of each county in which any part of the proposed new school district is located
602 that:
603 (i) indicates the typed or printed name and current residence address of each governing
604 board member making a request, or registered voter signing a petition, as the case may be;
605 (ii) describes the proposed new school district boundaries; and
606 (iii) designates up to five signers of the petition or request as sponsors, designating one
607 as the contact sponsor, with the mailing address and telephone number of each.
608 (c) Citizens may not initiate the process described in Subsection (2):
609 (i) more than once during any four-year period in relation to a given existing school
610 district; or
611 (ii) if the student population of the new district is fewer than 3,000.
612 (3) (a) (i) A signer of a petition described in Subsection (1) may withdraw or, once
613 withdrawn, reinstate the signer's signature by filing a written statement requesting for
614 withdrawal or reinstatement with the county clerk no later than three business days after the
615 day on which the petition is filed with the county clerk.
616 (ii) A statement described in Subsection (3)(a)(i) shall comply with the requirements
617 described in Subsection 20A-1-1003(2).
618 (iii) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
619 to determine whether to remove or reinstate an individual's signature from a petition after
620 receiving a timely, valid statement.
621 (b) The county clerk shall use the procedures described in Section 20A-1-1002 to
622 determine whether the petition has been signed by the required number of registered voters
623 residing within the geographical boundaries of the proposed new school district.
624 (4) Within 45 days after the day on which a petition described in Subsection (1) is
625 filed, the clerk of each county with which the request or petition is filed shall:
626 (a) determine whether the petition complies with Subsections (2) and (3), as applicable,
627 and Section 53G-3-301; and
628 (b) (i) if the county clerk determines that the request or petition complies with the
629 applicable requirements:
630 (A) certify the petition and deliver the certified petition to the county legislative body;
631 and
632 (B) mail or deliver written notification of the certification to the contact sponsor; or
633 (ii) if the county clerk determines that the petition fails to comply with any of the
634 applicable requirements, reject the petition and notify the contact sponsor in writing of the
635 rejection and reasons for the rejection.
636 (5) (a) If the county clerk fails to certify or reject a petition within the time specified in
637 Subsection (3), the petition is considered to be certified.
638 (b) (i) If the county clerk rejects a petition, the individual who submitted the petition
639 may amend the petition to correct the deficiencies for which the county clerk rejected the
640 petition and refile the petition.
641 (ii) Subsection (2)(b) does not apply to a petition that an individual has amended and
642 refiled after a rejection by a county clerk.
643 (6) (a) Within 30 days after the day on which a county legislative body receives a
644 certified petition as described in Subsection (4) or (5), the county legislative body shall request
645 that the Office of the Legislative Auditor General conduct a feasibility study, as that term is
646 defined in Section 53G-3-102.
647 (b) Within 90 days after the day on which the Office of the Legislative Auditor General
648 receives the request under Subsection (6)(a), the Office of the Legislative Auditor General shall
649 make a report and recommendation to the county legislative body in a public meeting.
650 (7) (a) The county legislative body shall:
651 (i) provide for a 60-day public comment period to begin on the day the county
652 legislative body receives the report under Subsection (6)(b); and
653 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the report and
654 recommendations.
655 (b) Within 14 days after the day on which the public comment period ends, the
656 legislative body of each county with which a petition is filed shall vote on the creation of the
657 proposed new school district.
658 (c) A county legislative body approves an initiative proposal if two-thirds of the
659 members of the legislative body vote in favor of the proposal.
660 (8) (a) If each county legislative body approves an initiative proposal under this
661 section, each county legislative body shall submit the proposal to the county clerk of each
662 county described in Subsection (2)(b) for a vote:
663 (i) by the legal voters of each existing school district the proposal affects;
664 (ii) in accordance with the procedures and requirements applicable to a regular general
665 election under Title 20A, Election Code; and
666 (iii) at the next regular general election or municipal general election, whichever is
667 first.
668 (b) A new school district is created if a majority of the legal voters within each existing
669 school district voting on the proposal vote in favor of the creation of the new district.
670 Section 7. Section 53G-3-301.2 is enacted to read:
671 53G-3-301.2. Creation of a new school district -- Request by a local school board
672 of an existing district -- Procedures to be followed.
673 (1) A local school board of an existing district that the creation of a new school district
674 would affect may initiate the process to create a new school district in accordance with this
675 section and Section 53G-3-301.
676 (2) (a) To initiate the school district creation process under Subsection (1), the local
677 school board shall file a request with the clerk of each county in which any part of the proposed
678 new school district is located that:
679 (i) indicates the typed or printed and current residence address of each governing board
680 member making a request;
681 (ii) describes the proposed new school district boundaries; and
682 (iii) designates up to five signers of the request as sponsors, including one as the
683 contact sponsor, with the mailing address and telephone number of each.
684 (b) A local school board may not initiate the process under Subsection (1):
685 (i) more than once during any four-year period in relation to a given existing school
686 district; or
687 (ii) if the student population of the new district is fewer than 3,000.
688 (3) Within five business days after the day on which a request described in Subsection
689 (2) is filed, the clerk of each county with which the request is filed shall:
690 (a) determine whether the request complies with Subsection (2) and Section
691 53G-3-301; and
692 (b) (i) if the county clerk determines that the request complies with the applicable
693 requirements:
694 (A) certify the request and deliver the certified request to the county legislative body;
695 and
696 (B) mail or deliver written notification of the certification to the contact sponsor; or
697 (ii) if the county clerk determines that the request fails to comply with any of the
698 applicable requirements, reject the request and notify the contact sponsor in writing of the
699 rejection and reasons for the rejection.
700 (4) (a) If the county clerk fails to certify or reject a request within the time specified in
701 Subsection (3), the request is considered to be certified.
702 (b) (i) If the county clerk rejects a request, the local school board that submitted the
703 request may amend the request to correct the deficiencies for which the county clerk rejected
704 the request and refile the request.
705 (ii) Subsection (2)(b) does not apply to a request that a local school board has amended
706 and refiled after a rejection by a county clerk.
707 (5) (a) Within 30 days after the day the local school board receives certification as
708 described in Subsection (3) or (4), the local school board shall request that the Office of the
709 Legislative Auditor General conduct a feasibility study, as that term is defined in Section
710 53G-3-102.
711 (b) For the year 2024, the local school board may use a feasibility study conducted
712 between July 1, 2023, to June 30, 2024, if:
713 (i) the feasibility study contains the determinations described in Section 53G-3-102;
714 and
715 (ii) the local school board receives a report and recommendation regarding the
716 feasibility study in a public meeting.
717 (c) Within 90 days after the day on which the Office of the Legislative Auditor General
718 receives the request under this Subsection (5), the Office of the Legislative Auditor General
719 shall make a report and recommendation to the local school board in a public meeting.
720 (6) (a) The local school board shall:
721 (i) provide for a 60-day public comment period to begin on the day the local school
722 board receives the report under Subsection (5); and
723 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the report and
724 recommendations.
725 (b) Within 14 days after the day on which the public comment period ends, the local
726 school board shall vote on the creation of the proposed new school district.
727 (c) A local school board approves a proposal if two-thirds of the local school board
728 members vote in favor of the proposal.
729 (d) Within five business days after the day on which the local school board approves a
730 proposal, the local school shall notify the legislative body of each county described in
731 Subsection (2)(a).
732 (7) (a) The legislative body of each county described in Subsection (2) shall submit the
733 proposal to the county clerk to be voted on:
734 (i) by the legal voters of each existing school district the proposal affects;
735 (ii) in accordance with the procedures and requirements applicable to a regular general
736 election under Title 20A, Election Code; and
737 (iii) at the next regular general election or municipal general election, whichever is
738 first.
739 (b) A new school district is created if a majority of the legal voters within each existing
740 school district voting on the proposal vote in favor of the creation of the new district.
741 Section 8. Section 53G-3-301.3 is enacted to read:
742 53G-3-301.3. Creation of a new school district -- Request by a municipality --
743 Procedures to be followed.
744 (1) A municipality located within the boundaries of a school district and with a total
745 population of 35,000, as determined by the lieutenant governor using the process described in
746 Subsection 67-1a-2(3), may initiate the process to create a new school district in accordance
747 with this section and Section 53G-3-301.
748 (2) (a) To initiate the school district creation process under Subsection (1), a
749 municipality shall file a request with the clerk of each county in which any part of the proposed
750 new school district is located that:
751 (i) indicates the typed or printed and current residence address of each governing board
752 member making a request;
753 (ii) describes the proposed new school district boundaries; and
754 (iii) designates up to five signers of the request as sponsors, including one as the
755 contact sponsor, with the mailing address and telephone number of each.
756 (b) A municipality may not initiate the process under Subsection (1):
757 (i) more than once during any four-year period in relation to a given existing school
758 district; or
759 (ii) if the student population of the new district is fewer than 3,000.
760 (3) Within five business days after the day on which a request described in Subsection
761 (2) is filed, the clerk of each county with which the request is filed shall:
762 (a) determine whether the request complies with Subsection (2) and Section
763 53G-3-301; and
764 (b) (i) if the county clerk determines that the request complies with the applicable
765 requirements:
766 (A) certify the request and deliver the certified request to the municipality and each
767 county legislative body; and
768 (B) mail or deliver written notification of the certification to the contact sponsor; or
769 (ii) if the county clerk determines that the request fails to comply with any of the
770 applicable requirements, reject the request and notify the contact sponsor in writing of the
771 rejection and reasons for the rejection.
772 (4) (a) If the county clerk fails to certify or reject a request within the time specified in
773 Subsection (3), the request is considered to be certified.
774 (b) (i) If the county clerk rejects a request, the municipality that submitted the request
775 may amend the request to correct the deficiencies for which the county clerk rejected the
776 request and refile the request.
777 (ii) Subsection (2)(b) does not apply to a request that a municipality amended and
778 refiled after a rejection by a county clerk.
779 (5) (a) Within 30 days after the day on which a municipality legislative body receives a
780 certification as described in Subsection (3) or (4), a municipality legislative body shall request
781 that the Office of the Legislative Auditor General conduct a feasibility study, as that term is
782 defined in Section 53G-3-102.
783 (b) For the year 2024, the municipality legislative body may use a feasibility study that
784 the municipality legislative body conducted between July 1, 2023, to June 30, 2024, if:
785 (i) the feasibility study contains the determinations described in Section 53G-3-102;
786 and
787 (ii) the municipality receives a report and recommendation regarding the feasibility
788 study in a public meeting.
789 (c) Within 90 days after the day on which the Office of the Legislative Auditor General
790 receives the request under this Subsection (5), the Office of the Legislative Auditor General
791 shall make a report to the municipality legislative body in a public meeting.
792 (6) (a) The municipality legislative body shall:
793 (i) provide for a 90-day public comment period to begin on the day the report is
794 presented to the municipality legislative body under Subsection (5); and
795 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the report and
796 recommendation.
797 (b) Within 14 days after the day on which the public comment period ends, the
798 municipality legislative body shall vote on the creation of the proposed new school district.
799 (c) A municipality legislative body approves a proposal if two-thirds of the
800 municipality legislative body vote in favor of the proposal.
801 (d) Within five business days after the day on which the municipality legislative body
802 approves a proposal, the municipality legislative body shall notify the legislative body of each
803 county described in Subsection (2)(a).
804 (7) (a) The legislative body of each county described in Subsection (2) shall submit the
805 proposal to the county clerk to be voted on:
806 (i) by the legal voters of each existing school district the proposal affects;
807 (ii) in accordance with the procedures and requirements applicable to a regular general
808 election under Title 20A, Election Code; and
809 (iii) at the next regular general election or municipal general election, whichever is
810 first.
811 (b) A new school district is created if a majority of the legal voters within each existing
812 school district voting on the proposal vote in favor of the creation of the new district.
813 (8) Nothing in this section prevents a municipality from assisting the new school
814 district or reorganized new school district by:
815 (a) entering into a loan agreement with the new school district or reorganized new
816 school district; or
817 (b) assisting the new school district or reorganized new school district in securing a
818 line of credit.
819 Section 9. Section 53G-3-301.4 is enacted to read:
820 53G-3-301.4. Creation of a new school district -- By interlocal agreement
821 participants -- Procedures to follow.
822 (1) Interlocal agreement participants may initiate the process to create a new school
823 district in accordance with this section and with Section 53G-3-301.
824 (2) (a) By a two-thirds vote of each legislative body, the legislative body of a
825 municipality, together with at least one other municipality, may enter into an interlocal
826 agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
827 of submitting for voter approval a measure to create a new school district if:
828 (i) except as provided in Subsection (3), the new school district boundaries comply
829 with the requirements of Section 53G-3-301; and
830 (ii) the combined population within the proposed new school district of the interlocal
831 agreement participants is at least 80% of the total population of the proposed new school
832 district.
833 (b) A county may only participate in an interlocal agreement under this Subsection (2)
834 for the unincorporated areas of the county.
835 (c) Boundaries of a new school district created under this section may include:
836 (i) a portion of one or more existing school districts; and
837 (ii) a portion of the unincorporated area of a county.
838 (3) (a) As used in this Subsection (3):
839 (i) "Isolated area" means an area that:
840 (A) is entirely within the boundaries of a municipality that, except for the area, is
841 entirely within a school district different than the school district in which the area is located;
842 (B) has a combined student population of fewer than 5,000 students; and
843 (C) would, because of the creation of a new school district from the existing district in
844 which the area is located, become completely geographically isolated.
845 (ii) "Municipality's school district" means the school district that includes all of the
846 municipality in which the isolated area is located except the isolated area.
847 (b) Notwithstanding Subsection 53G-3-301(3), a municipality may be a participant in
848 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
849 within the municipality's boundaries if:
850 (i) the portion of the municipality proposed to be included in the new school district
851 would, if not included, become an isolated area upon the creation of the new school district; or
852 (ii) (A) the portion of the municipality proposed to be included in the new school
853 district is within the boundaries of the same school district that includes the other interlocal
854 agreement participants; and
855 (B) the portion of the municipality proposed to be excluded from the new school
856 district is within the boundaries of a school district other than the school district that includes
857 the other interlocal agreement participants.
858 (c) (i) Notwithstanding Section 53B-3-301, interlocal agreement participants may
859 submit a proposal to the legal voters residing within the proposed new school district
860 boundaries to create a new school district in accordance with an interlocal agreement under
861 Subsection (2)(a), even though the new school district boundaries would create an isolated
862 area, if:
863 (A) the potential isolated area is contiguous to one or more of the interlocal agreement
864 participants;
865 (B) the interlocal participants submit a written request to the municipality in which the
866 potential isolated area is located, requesting the municipality to enter into an interlocal
867 agreement under Subsection (2)(a) that proposes to submit for voter approval a measure to
868 create a new school district that includes the potential isolated area; and
869 (C) the municipality, to which the interlocal agreement participants submitted a request
870 under Subsection (3)(c)(i)(B), did not respond to the written request within 90 days after the
871 day on which the request was submitted.
872 (ii) Each municipality receiving a request under Subsection (3)(c)(i) shall hold one or
873 more public hearings to allow input from the public and affected school districts regarding
874 whether or not the municipality should enter into an interlocal agreement with respect to the
875 potential isolated area.
876 (d) (i) The isolated area described in this Subsection (3) shall, on July 1 of the second
877 calendar year following the local school board general election date described in Section
878 53G-3-302, become part of the municipality's school district.
879 (ii) The divided district shall continue to provide educational services to the isolated
880 area until July 1 of the second calendar year following the local school board general election
881 date described in Section 53G-3-302.
882 (4) (a) To initiate the school district creation process under Subsection (1), interlocal
883 agreement participants shall file a request with the clerk of each county in which any part of the
884 proposed new school district is located that:
885 (i) indicates the typed or printed and current residence address of each governing board
886 member making a request;
887 (ii) describes the proposed new school district boundaries; and
888 (iii) designates up to five signers of the request as sponsors, including as the contact
889 sponsor, with the mailing address and telephone number of each.
890 (b) Interlocal agreement participants may not initiate the process described in
891 Subsection (1):
892 (i) more than once during any four-year period in relation to a given existing school
893 district; or
894 (ii) if the student population of the new district is fewer than 3,000.
895 (5) Within five business days after the day on which a request described in Subsection
896 (4)(a) is filed, the clerk of each county with which the request is filed shall:
897 (a) determine whether the request complies with this section and Section 53G-3-301;
898 and
899 (b) (i) if the county clerk determines that the request complies with the applicable
900 requirements:
901 (A) certify the request and deliver the certified request to the legislative bodies of the
902 interlocal agreement participants; and
903 (B) mail or deliver written notification of the certification to the contact sponsor; or
904 (ii) if the county clerk determines that the request fails to comply with any of the
905 applicable requirements, reject the request and notify the contact sponsor in writing of the
906 rejection and reasons for the rejection.
907 (6) (a) If the county clerk fails to certify or reject a request within the time specified in
908 Subsection (5), the request is considered to be certified.
909 (b) (i) If the county clerk rejects a request, the interlocal agreement participants that
910 submitted the request may amend the request to correct the deficiencies for which the county
911 clerk rejected the request, and refile the request.
912 (ii) Subsection 53G-3-301(3) does not apply to a request that interlocal agreement
913 participants amended and refiled after a rejection by a county clerk.
914 (7) (a) Within 30 days after the day on which the contact sponsor receives certification
915 as described in Subsection (5) or (6), the contact sponsor shall request that the Office of the
916 Legislative Auditor General conduct a feasibility study, as that term is defined in Section
917 53G-3-102.
918 (b) For the year 2024, the interlocal agreement participants may use a feasibility study
919 that interlocal agreement participants conducted between July 1, 2023, to June 30, 2024, if:
920 (i) the feasibility study contains the determinations described in Section 53G-3-102;
921 and
922 (ii) the legislative bodies of the interlocal agreement participants receive a report and
923 recommendation regarding the feasibility study in a public meeting.
924 (c) Within 90 days after the day on which the Office of the Legislative Auditor General
925 receives the request under this Subsection (7), the Office of the Legislative Auditor General
926 shall make a report to the local school board in a public meeting.
927 (8) (a) The legislative bodies of the interlocal agreement participants shall:
928 (i) provide for a 45-day public comment period to begin on the day on which the
929 legislative bodies of the interlocal agreement participants receive the report under Subsection
930 (7); and
931 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the report and
932 recommendation.
933 (b) Within 14 days after the day on which the public comment period ends, the
934 legislative bodies of the interlocal agreement participants shall vote on the creation of the
935 proposed new school district.
936 (c) The interlocal agreement participants approve a proposal if two-thirds of each of
937 the legislative bodies of the interlocal agreement participants' members vote in favor of the
938 proposal.
939 (9) (a) Within five business days after the day on which the interlocal agreement
940 participants approve a proposal, the interlocal agreement participants shall notify the legislative
941 body of each county described in Subsection (4)(a).
942 (b) The legislative body of each county described in Subsection (4) shall submit the
943 proposal to the respective clerk of each county to be voted on:
944 (i) by the legal voters residing within the proposed new school district boundaries;
945 (ii) in accordance with the procedures and requirements applicable to a regular general
946 election under Title 20A, Election Code; and
947 (iii) at the next regular general election or municipal general election, whichever is
948 first.
949 (10) A new school district is created if a majority of the legal voters within each
950 existing school district voting on the proposal vote in favor of the creation of the new school
951 district.
952 (11) Nothing in this section prevents an interlocal agreement participant from assisting
953 the new school district or reorganized new school district by:
954 (a) entering into a loan agreement with the new school district or reorganized new
955 school district; or
956 (b) assisting the new school district or reorganized new school district in securing a
957 line of credit.
958 Section 10. Section 53G-3-302 is amended to read:
959 53G-3-302. Election of local school board members -- Allocation of assets and
960 liabilities -- Startup costs -- Transfer of title.
961 [
962
963
964
965
966 [
967
968
969 [
970
971 [
972 [
973 [
974
975
976
977 [
978
979 [
980
981 [
982
983 [
984 [
985 [
986
987
988 [
989
990 [
991 [
992
993
994 [
995
996
997
998
999
1000 [
1001
1002 [
1003 [
1004 [
1005
1006 [
1007
1008
1009
1010 [
1011
1012
1013
1014 [
1015
1016 [
1017 [
1018 [
1019
1020 [
1021 [
1022 [
1023
1024
1025 [
1026
1027 [
1028
1029 [
1030
1031
1032 [
1033
1034 [
1035
1036
1037 [
1038
1039
1040 [
1041
1042
1043
1044 [
1045
1046 [
1047
1048
1049
1050 [
1051
1052 [
1053
1054
1055
1056 [
1057 [
1058
1059 [
1060 [
1061
1062
1063 [
1064
1065 [
1066
1067 [
1068
1069 [
1070
1071
1072 [
1073 create a new school district under this part:
1074 (i) the legislative body of the county in which the new school district and reorganized
1075 new school district are located shall hold an election [
1076 election, or at a special election in accordance with Section 20A-1-203, to elect:
1077 (A) members to the local school board of the [
1078 terms are expiring;
1079 (B) all members to the local school board of the new school district; and
1080 (C) all members to the local school board of the [
1081 district;
1082 (ii) the local school board of the divided district shall divide the assets and liabilities of
1083 the [
1084
1085 [
1086 (iii) transferred employees shall be treated in accordance with Sections 53G-3-205 and
1087 53G-3-308;
1088 (iv) [
1089 reorganized new school district at the time the new school district is created may, for six school
1090 years after the creation of the new school district, elect to enroll in a secondary school located
1091 [
1092 [
1093 day before the new school district is created; and
1094 [
1095 the new school district not been created; [
1096 [
1097 shall provide educational services, including, if provided before the creation of the new school
1098 district, busing, to each individual making an election under Subsection [
1099 (1)(a)(iv) for each school year for which the individual makes the election; and
1100 [
1101 begins providing educational services, the superintendent of each [
1102 district [
1103 superintendent, to determine if further boundary changes should [
1104 accordance with Section 53G-3-501.
1105 (b) (i) The county legislative body shall stagger and adjust the terms of the initial
1106 members of the local school [
1107
1108 new school district so that approximately half of the local school board is elected every two
1109 years following the allocation date.
1110 (ii) The term of a member of the [
1111
1112
1113
1114 year following the allocation date.
1115 (iii) Notwithstanding the existence of a local school board for the new school district
1116 and a local school board for the [
1117
1118 district shall continue[
1119 function and exercise authority as a local school board until the allocation date to the extent
1120 necessary:
1121 (A) to continue to provide educational services to the entire [
1122 district[
1123 (B) to complete the allocation of assets and liabilities and other duties as described in
1124 this section.
1125 (iv) An individual may simultaneously serve as or be elected to be a member of the
1126 local school board of [
1127 board of:
1128 (A) a new school district; or
1129 (B) a [
1130 [
1131
1132 [
1133
1134
1135 [
1136
1137 [
1138
1139 [
1140 [
1141
1142 [
1143
1144 [
1145 60 days after the [
1146
1147 (i) prepare an inventory of the [
1148 (A) assets, both tangible and intangible, real and personal; and
1149 (B) liabilities; and
1150 (ii) deliver a copy of the inventory to [
1151 Legislative Auditor General.
1152 [
1153 (iii) On or before August 1 of the year following the general election described in
1154 Subsection (1)(i), the local school board of the divided school district, along with the
1155 cooperation of the new school board, and the new local school board shall:
1156 [
1157 except for indebtedness under Section 53G-3-307, [
1158
1159 with Subsection [
1160 [
1161
1162 under Subsection (2)(b)(i); and
1163 [
1164 [
1165 [
1166 [
1167 General.
1168 [
1169
1170
1171
1172 [
1173 [
1174
1175 [
1176
1177 [
1178 the transition [
1179
1180 [
1181
1182 [
1183
1184 [
1185
1186 [
1187
1188 [
1189 [
1190
1191 [
1192 (i) "Associated property" means furniture, equipment, or supplies located in or
1193 specifically associated with a physical asset.
1194 (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
1195 [
1196 student, or employee by law or school district accounting practice.
1197 (B) "Discretionary asset or liability" does not include a physical asset, associated
1198 property, a vehicle, or bonded indebtedness.
1199 (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
1200 [
1201 student, or employee by law or school district accounting practice.
1202 (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
1203 property, a vehicle, or bonded indebtedness.
1204 (iv) "Physical asset" means a building, land, or water right together with revenue
1205 derived from the lease or use of the building, land, or water right.
1206 (b) Except as provided in Subsection [
1207
1208 assets and liabilities the [
1209 tangible and intangible, real and personal, to the new school district and [
1210 reorganized new school district as follows:
1211 (i) a physical asset and associated property shall be allocated to the school district in
1212 which the physical asset is located;
1213 (ii) a discretionary asset or liability shall be allocated between the new school district
1214 and [
1215 school districts;
1216 (iii) a nondiscretionary asset [
1217 project, school, student, or employee to which the nondiscretionary asset is tied will be located;
1218 (iv) vehicles used for pupil transportation [
1219 (A) according to the transportation needs of schools, as measured by the number and
1220 assortment of vehicles used to serve eligible state supported transportation routes serving
1221 schools within the new school district and [
1222 (B) in a manner that gives each school district a fleet of vehicles for pupil
1223 transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
1224 and
1225 (v) other vehicles [
1226 (A) in proportion to the student populations of the school districts; and
1227 (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
1228 condition, and carrying capacities.
1229 (c) By mutual agreement[
1230 and the reorganized new local school board, the local school board of the divided district may
1231 allocate an asset or liability in a manner different than the allocation method specified in
1232 Subsection [
1233 [
1234 (i) "New school district startup costs" means[
1235 a new school district in order to prepare to begin providing educational services on July 1 of
1236 the second calendar year following the local school board general election date described in
1237 Subsection [
1238 [
1239 (ii) "[
1240 expenses [
1241 incurs to make necessary adjustments to deal with the impacts resulting from the creation of the
1242 new school district[
1243 [
1244 educational services within the new school district[
1245 [
1246
1247 (b) (i) [
1248 general election date described in Subsection [
1249 district shall make half of the [
1250 a maximum of [
1251 new school district and the new school district, as provided in this Subsection [
1252 (ii) The [
1253 use of the [
1254 amount specified in Subsection [
1255 (c) The [
1256 [
1257 district proportionately based on student population.
1258 (d) The following may access and spend money made available under Subsection
1259 [
1260 (i) [
1261 new school district local school board; and
1262 (ii) [
1263 board.
1264 (e) [
1265
1266 the reorganized new school district may use [
1267 Subsection [
1268 startup costs.
1269 [
1270 partial title of property to the new school district and the reorganized new school district in
1271 accordance with the allocation of property [
1272 under Subsection [
1273 (b) The [
1274 applicable, partial title to real property and vehicles [
1275 calendar year following the local school board general election date described in Subsection
1276 [
1277 date is agreed upon by mutual agreement of:
1278 [
1279 [
1280 (i) the reorganized new school district local board; and
1281 [
1282 (c) The [
1283 included in Subsection [
1284 after the local school board general election date described in Subsection [
1285 [
1286
1287 district property beginning on the day the new school district or reorganized new school district
1288 is created without the prior consent of:
1289 (a) the legislative body of the [
1290 school district [
1291
1292 (b) the legislative bodies of all interlocal agreement participants[
1293
1294 are located.
1295 [
1296
1297 Section 11. Section 53G-3-303 is amended to read:
1298 53G-3-303. New school district property tax -- Limitations.
1299 (1) (a) A new school district created under Section [
1300 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4 may not impose a property tax [
1301 fiscal year in which the new school district [
1302 assume responsibility for providing student instruction.
1303 (b) The [
1304 property taxes on the [
1305 district, until the fiscal year in which the new school district assumes responsibility for
1306 providing student instruction.
1307 (2) (a) If at the time a new school district created [
1308
1309 assumes responsibility for student instruction any portion of the territory within the new school
1310 district was subject to a levy pursuant to Section 53F-8-301, the new school district's board
1311 may:
1312 (i) discontinue the levy for the new school district;
1313 (ii) impose a levy on the new school district as provided in Section 53F-8-301; or
1314 (iii) impose the levy on the new school district, subject to Subsection (2)(b).
1315 (b) If the new school district's local school board applies a levy to the new school
1316 district [
1317 maximum duration or rate authorized by the voters of the [
1318
1319 Section 12. Section 53G-3-304 is amended to read:
1320 53G-3-304. Property tax levies in new district and reorganized new district --
1321 Distribution of property tax revenue.
1322 (1) [
1323 [
1324
1325 [
1326
1327 [
1328 authorized to impose, except:
1329 (i) the minimum basic tax rate imposed under Section 53F-2-301;
1330 (ii) a debt service levy imposed under Section 11-14-310; or
1331 (iii) a judgment levy imposed under Section 59-2-1330.
1332 [
1333 begins to provide educational services.
1334 [
1335 (2) A new school district and [
1336 continue to impose property tax levies that were imposed by the divided school district in the
1337 taxable year [
1338 (3) Except as provided in Subsection (6), a property tax levy that a new school district
1339 and [
1340 shall be set at a rate that:
1341 (a) is uniform in the new school district and [
1342 district; and
1343 (b) generates the same amount of revenue that was generated by the property tax levy
1344 within the divided school district in the taxable year [
1345 year.
1346 (4) The county treasurer of the county in which a property tax levy is imposed under
1347 Subsection (2) shall distribute revenues generated by the property tax levy to the new school
1348 district and [
1349 divided school district's enrollment on the October 1 [
1350 [
1351 in the new school district or [
1352 (5) On or before March 31, a county treasurer shall distribute revenues generated by a
1353 property tax levy imposed under Subsection (2) in the prior calendar year to a new school
1354 district and [
1355 (6) (a) Subject to the notice and public hearing requirements of Section 59-2-919, a
1356 new school district or [
1357 higher than the rate required by Subsection (3), up to:
1358 (i) the maximum rate, if any, allowed by law; or
1359 (ii) the maximum rate authorized by voters for a voted local levy under Section
1360 53F-8-301.
1361 (b) The revenues generated by the portion of a property tax rate in excess of the rate
1362 required by Subsection (3) shall be retained by the district that imposes the higher rate.
1363 Section 13. Section 53G-3-305 is amended to read:
1364 53G-3-305. Redistricting -- Local school board membership.
1365 (1) Upon the creation of a new school district in accordance with Section 53G-3-301.1,
1366 53G-3-301.2, 53G-3-301.3, or 53G-3-301.4, the applicable legislative body shall redistrict the
1367 affected school districts in accordance with Section 20A-14-201.
1368 (2) Except as provided in Section 53G-3-302, local school board membership in the
1369 affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of
1370 Members of Local Boards of Education.
1371 Section 14. Section 53G-3-306 is amended to read:
1372 53G-3-306. Transfer of school property to new school district and reorganized
1373 new school district.
1374 (1) (a) (i) On July 1 of the year following the local school board elections for a new
1375 school district created [
1376 request under Section [
1377 school district as provided in Section 53G-3-305, the divided district's local school board [
1378
1379 school district's local school board [
1380 school district is entitled [
1381 (ii) [
1382 disposition of school property [
1383 (iii) Subsection (1)(a)(ii) does not apply to disagreements between [
1384 local school boards about the proper allocation of property under [
1385 Section 53G-3-302.
1386 (b) [
1387 transfer property to a new school district created under Section [
1388
1389 (2) Title vests in the new local school board, including all rights, claims, and causes of
1390 action to or for the property, for the use or the income from the property, for conversion,
1391 disposition, or withholding of the property, or for any damage or injury to the property.
1392 (3) The new local school board may bring and maintain actions to recover, protect, and
1393 preserve the property and rights of the district's schools and to enforce contracts.
1394 Section 15. Section 53G-3-307 is amended to read:
1395 53G-3-307. Tax to pay for indebtedness of divided school district.
1396 [
1397
1398
1399
1400
1401 [
1402
1403
1404
1405 [
1406 [
1407
1408 [
1409
1410 [
1411
1412
1413
1414 [
1415
1416
1417 [
1418 indebtedness" means debt owed for a general obligation bond issued by the divided school
1419 district:
1420 (a) [
1421 (b) in accordance with a mutual agreement of the local school boards of the
1422 [
1423 Subsection [
1424 [
1425 the new school district and the [
1426 levy of a tax to pay the divided school district's outstanding bonded indebtedness as provided in
1427 Subsection [
1428 [
1429 the new school district and the local school board of the [
1430 district shall impose a tax levy at a rate that:
1431 (i) generates from the combined districts the amount of revenue required each year to
1432 meet the outstanding bonded indebtedness of the divided school district; and
1433 (ii) is [
1434 and [
1435 (b) A local school board of a new school district may abate a property tax required to
1436 be imposed under Subsection [
1437 available to pay to the [
1438 would be generated within the new school district from the tax rate specified in Subsection
1439 [
1440 [
1441
1442 disposition of bonds approved but not issued by the divided school district before the creation
1443 of the new school district and reorganized new school district based primarily on the
1444 representation made to the voters at the time of the bond election.
1445 (b) Before a determination is made under Subsection [
1446 reorganized new school district may not issue bonds approved but not issued before the
1447 creation of the new school district and reorganized new school district if property in the new
1448 school district would be subject to the levy of a tax to pay the bonds.
1449 Section 16. Section 53G-3-308 is amended to read:
1450 53G-3-308. Employees of a new district.
1451 (1) Upon the creation of a new school district:
1452 (a) an employee of [
1453 that is transferred to the new school district shall become an employee of the [
1454 which the school is located; and
1455 (b) the local school board of the new school district shall:
1456 (i) have discretion in the hiring of all other staff;
1457 (ii) adopt the personnel policies and practices of the [
1458 including salary schedules and benefits; and
1459 (iii) enter into agreements with employees of the new school district, or [
1460 school district employees' representatives, that have the same terms as those in the negotiated
1461 agreements between the [
1462 employees.
1463 (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
1464 district is created who becomes an employee of the new school district shall retain the same
1465 status as a career or provisional employee with accrued seniority and accrued benefits.
1466 (b) Subsection (2)(a) applies to:
1467 (i) employees of [
1468 school district [
1469 (ii) employees of a school district from which a new school district is created who are
1470 hired by the new school district within one year of the date of the creation of the new school
1471 district.
1472 (3) An employee who is transferred to a new school district [
1473 with Subsection (1)(a) and is [
1474 district within one year of the date of the creation of the new school district shall, when
1475 [
1476 career or provisional employee with accrued seniority and accrued benefits.
1477 (4) Before the new school district commences educational services, the reorganized
1478 new school district school board may not dismiss an employee of the reorganized new school
1479 district who is transferred to the new school district for the sole reason that the employee
1480 becomes an employee of the new school district.
1481 Section 17. Section 53G-4-402 is amended to read:
1482 53G-4-402. Powers and duties generally.
1483 (1) A local school board shall:
1484 (a) implement the core standards for Utah public schools using instructional materials
1485 that best correlate to the core standards for Utah public schools and graduation requirements;
1486 (b) administer tests, required by the state board, which measure the progress of each
1487 student, and coordinate with the state superintendent and state board to assess results and create
1488 plans to improve the student's progress, which shall be submitted to the state board for
1489 approval;
1490 (c) use progress-based assessments as part of a plan to identify schools, teachers, and
1491 students that need remediation and determine the type and amount of federal, state, and local
1492 resources to implement remediation;
1493 (d) for each grading period and for each course in which a student is enrolled, issue a
1494 grade or performance report to the student:
1495 (i) that reflects the student's work, including the student's progress based on mastery,
1496 for the grading period; and
1497 (ii) in accordance with the local school board's adopted grading or performance
1498 standards and criteria;
1499 (e) develop early warning systems for students or classes failing to make progress;
1500 (f) work with the state board to establish a library of documented best practices,
1501 consistent with state and federal regulations, for use by the special districts;
1502 (g) implement training programs for school administrators, including basic
1503 management training, best practices in instructional methods, budget training, staff
1504 management, managing for learning results and continuous improvement, and how to help
1505 every [
1506 (h) ensure that the local school board meets the data collection and reporting standards
1507 described in Section 53E-3-501.
1508 (2) [
1509 funds for programs and activities for which the state board has established minimum standards
1510 or rules under Section 53E-3-501.
1511 (3) (a) A local school board may purchase, sell, and make improvements on school
1512 sites, buildings, and equipment, and construct, erect, and furnish school buildings.
1513 (b) School sites or buildings may only be conveyed or sold on local school board
1514 resolution affirmed by at least two-thirds of the school board members.
1515 (4) (a) A local school board may participate in the joint construction or operation of a
1516 school attended by students residing within the district and students residing in other districts
1517 either within or outside the state.
1518 (b) Any agreement for the joint operation or construction of a school shall:
1519 (i) be signed by the president of the local school board of each participating district;
1520 (ii) include a mutually agreed upon pro rata cost; and
1521 (iii) be filed with the state board.
1522 (5) A local school board may establish, locate, and maintain elementary, secondary,
1523 and applied technology schools.
1524 (6) A local school board may enter into cooperative agreements with other local school
1525 boards to provide educational services that best utilize resources for the overall operation of the
1526 school districts, including shared transportation services.
1527 (7) [
1528 [
1529 (a) [
1530 district;
1531 (b) [
1532 (c) [
1533 (d) [
1534 (e) [
1535 (8) Except as provided in Section 53E-3-905, a local school board may enroll children
1536 in school who are at least five years old before September 2 of the year in which admission is
1537 sought.
1538 (9) A local school board:
1539 (a) may establish and support school libraries; and
1540 (b) shall provide an online platform:
1541 (i) through which a parent is able to view the title, author, and a description of any
1542 material the parent's child borrows from the school library, including a history of borrowed
1543 materials, either using an existing online platform that the LEA uses or through a separate
1544 platform; and
1545 (ii) (A) for a school district with 1,000 or more enrolled students, no later than August
1546 1, 2024; and
1547 (B) for a school district with fewer than 1,000 enrolled students, no later than August
1548 1, 2026.
1549 (10) A local school board may collect damages for the loss, injury, or destruction of
1550 school property.
1551 (11) A local school board may authorize guidance and counseling services for students
1552 and the student's parents before, during, or following school enrollment.
1553 (12) (a) A local school board shall administer and implement federal educational
1554 programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National
1555 Education Programs.
1556 (b) Federal funds are not considered funds within the school district budget under
1557 Chapter 7, Part 3, Budgets.
1558 (13) (a) A local school board may organize school safety patrols and adopt policies
1559 under which the patrols promote student safety.
1560 (b) A student appointed to a safety patrol shall be at least 10 years old and have written
1561 parental consent for the appointment.
1562 (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion
1563 of a highway intended for vehicular traffic use.
1564 (d) Liability may not attach to a school district, its employees, officers, or agents, or to
1565 a safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting
1566 the program by virtue of the organization, maintenance, or operation of a school safety patrol.
1567 (14) (a) A local school board may on its own behalf, or on behalf of an educational
1568 institution for which the local school board is the direct governing body, accept private grants,
1569 loans, gifts, endowments, devises, or bequests that are made for educational purposes.
1570 (b) The contributions made under Subsection (14)(a) are not subject to appropriation
1571 by the Legislature.
1572 (15) (a) A local school board may appoint and fix the compensation of a compliance
1573 officer to issue citations for violations of Subsection 76-10-105(2)(b).
1574 (b) A person may not be appointed to serve as a compliance officer without the
1575 person's consent.
1576 (c) A teacher or student may not be appointed as a compliance officer.
1577 (16) A local school board shall adopt bylaws and policies for the local school board's
1578 own procedures.
1579 (17) (a) A local school board shall make and enforce policies necessary for the control
1580 and management of the district schools.
1581 (b) Local school board policies shall be in writing, filed, and referenced for public
1582 access.
1583 (18) A local school board may hold school on legal holidays other than Sundays.
1584 (19) (a) A local school board shall establish for each school year a school traffic safety
1585 committee to implement this Subsection (19).
1586 (b) The committee shall be composed of one representative of:
1587 (i) the schools within the district;
1588 (ii) the Parent Teachers' Association of the schools within the district;
1589 (iii) the municipality or county;
1590 (iv) state or local law enforcement; and
1591 (v) state or local traffic safety engineering.
1592 (c) The committee shall:
1593 (i) receive suggestions from school community councils, parents, teachers, and others,
1594 and recommend school traffic safety improvements, boundary changes to enhance safety, and
1595 school traffic safety program measures;
1596 (ii) review and submit annually to the Department of Transportation and affected
1597 municipalities and counties a child access routing plan for each elementary, middle, and junior
1598 high school within the district;
1599 (iii) [
1600 Health Services [
1601 the district, on school crossing safety and use; and
1602 (iv) help ensure the district's compliance with rules made by the Department of
1603 Transportation under Section 41-6a-303.
1604 (d) The committee may establish subcommittees as needed to assist in accomplishing
1605 the committee's duties under Subsection (19)(c).
1606 (20) (a) A local school board shall adopt and implement a comprehensive emergency
1607 response plan to prevent and combat violence in the local school board's public schools, on
1608 school grounds, on [
1609 events.
1610 (b) The local school board shall ensure that the plan [
1611 (i) [
1612 (ii) [
1613 discipline and conduct policies required for school districts under [
1614
1615 (iii) [
1616 the staff's roles in the emergency response plan;
1617 (iv) [
1618 safety representatives in preventing, intervening, and responding to violence in the areas and
1619 activities referred to in Subsection (20)(a); and
1620 (v) [
1621 school violence emergency because the student is:
1622 (A) participating in a school-related activity; or
1623 (B) excused from school for a period of time during the regular school day to
1624 participate in religious instruction at the request of the student's parent.
1625 (c) The state board, through the state superintendent, shall develop comprehensive
1626 emergency response plan models that local school boards may use, where appropriate, to
1627 comply with Subsection (20)(a).
1628 (d) A local school board shall, by July 1 of each year, certify to the state board that its
1629 plan has been practiced at the school level and presented to and reviewed by its teachers,
1630 administrators, students, and the student's parents and local law enforcement and public safety
1631 representatives.
1632 (21) (a) A local school board may adopt an emergency response plan for the treatment
1633 of sports-related injuries that occur during school sports practices and events.
1634 (b) The plan may be implemented by each secondary school in the district that has a
1635 sports program for students.
1636 (c) The plan may:
1637 (i) include emergency personnel, emergency communication, and emergency
1638 equipment components;
1639 (ii) require professional learning on the emergency response plan for school personnel
1640 who are involved in sports programs in the district's secondary schools; and
1641 (iii) provide for coordination with individuals and agency representatives who:
1642 (A) are not employees of the school district; and
1643 (B) would be involved in providing emergency services to students injured while
1644 participating in sports events.
1645 (d) The local school board, in collaboration with the schools referred to in Subsection
1646 (21)(b), may review the plan each year and make revisions when required to improve or
1647 enhance the plan.
1648 (e) The state board, through the state superintendent, shall provide local school boards
1649 with an emergency plan response model that local school boards may use to comply with the
1650 requirements of this Subsection (21).
1651 (22) A local school board shall do all other things necessary for the maintenance,
1652 prosperity, and success of the schools and the promotion of education.
1653 (23) (a) Before closing a school or changing the boundaries of a school, a local school
1654 board shall:
1655 (i) perform a feasibility study to determine:
1656 (A) options to avoid closing a school or changing the boundaries of a school;
1657 (B) the projected impact on affected students' test scores;
1658 (C) the number of affected Title I students;
1659 (D) the likelihood of parental and teacher support; and
1660 (E) the projected class sizes for the affected districts;
1661 (ii) [
1662 [
1663 boundary change, provide notice that the local school board is considering the closure or
1664 boundary change to:
1665 (A) parents of students enrolled in the school, using the same form of communication
1666 the local school board regularly uses to communicate with parents;
1667 (B) parents of students enrolled in other schools within the school district that may be
1668 affected by the closure or boundary change, using the same form of communication the local
1669 school board regularly uses to communicate with parents; and
1670 (C) the governing council and the mayor of the municipality in which the school is
1671 located;
1672 [
1673
1674 (iii) publish the feasibility study described in Subsection (23)(a)(i) on the school
1675 district website;
1676 (iv) provide a copy of the feasibility study described in Subsection (23)(a)(i) to the
1677 governing council and the mayor of the municipality in which the proposed school closure or
1678 school boundary changes is located; and
1679 [
1680 10-9a-103, and provide:
1681 (A) public notice of the public [
1682 Subsection (23)(b)[
1683 (B) an opportunity for public comment on the feasibility study and the proposed school
1684 closure or school boundary change.
1685 (b) [
1686 (i) ensure that the notice of [
1687 Subsection [
1688 (A) school or schools under consideration for closure or boundary change; and
1689 (B) the date, time, and location of the public [
1690 (ii) [
1691 each public hearing occurs, publish the notice of the public hearing for the school district in
1692 which the school is located, as a class A notice under Section 63G-30-102; and
1693 (iii) at least 30 days before the [
1694
1695 provide notice of the hearings in the same manner as the notice of consideration under
1696 Subsections (23)(a)(ii) and (v).
1697 (c) An inadequacy of a feasibility study under Subsection (23)(a)(i) may not be the
1698 basis of a legal action or other challenge to:
1699 (i) an election for voter approval of the creation of a new school district; or
1700 (ii) the creation of the new school district.
1701 (24) A local school board may implement a facility energy efficiency program
1702 established under Title 11, Chapter 44, Performance Efficiency Act.
1703 (25) A local school board may establish or partner with a certified youth court in
1704 accordance with Section 80-6-902 or establish or partner with a comparable restorative justice
1705 program, in coordination with schools in that district. A school may refer a student to a youth
1706 court or a comparable restorative justice program in accordance with Section 53G-8-211.
1707 (26) (a) As used in this Subsection (26):
1708 (i) "Learning material" means any learning material or resource used to deliver or
1709 support a student's learning, including textbooks, reading materials, videos, digital materials,
1710 websites, and other online applications.
1711 (ii) (A) "Instructional material" means learning material that a local school board
1712 adopts and approves for use within the LEA.
1713 (B) "Instructional material" does not include learning material used in a concurrent
1714 enrollment, advanced placement, or international baccalaureate program or class or another
1715 class with required instructional material that is not subject to selection by the local school
1716 board.
1717 (iii) "Supplemental material" means learning material that:
1718 (A) an educator selects for classroom use; and
1719 (B) a local school board has not considered and adopted, approved, or prohibited for
1720 classroom use within the LEA.
1721 (b) A local school board shall:
1722 (i) make instructional material that the school district uses readily accessible and
1723 available for a parent to view;
1724 (ii) annually notify a parent of a student enrolled in the school district of how to access
1725 the information described in Subsection (26)(b)(i); and
1726 (iii) include on the school district's website information about how to access the
1727 information described in Subsection (26)(b)(i).
1728 (c) In selecting and approving instructional materials for use in the classroom, a local
1729 school board shall:
1730 (i) establish an open process, involving educators and parents of students enrolled in
1731 the LEA, to review and recommend instructional materials for board approval; and
1732 (ii) ensure that under the process described in Subsection (26)(c)(i), the board:
1733 (A) before the meetings described in Subsection (26)(c)(ii)(B), posts the recommended
1734 learning material online to allow for public review or, for copyrighted material, makes the
1735 recommended learning material available at the LEA for public review;
1736 (B) before adopting or approving the recommended instructional materials, holds at
1737 least two public meetings on the recommendation that provides an opportunity for educators
1738 whom the LEA employs and parents of students enrolled in the LEA to express views and
1739 opinions on the recommendation; and
1740 (C) adopts or approves the recommended instructional materials in an open and regular
1741 board meeting.
1742 (d) A local school board shall adopt a supplemental materials policy that provides
1743 flexible guidance to educators on the selection of supplemental materials or resources that an
1744 educator reviews and selects for classroom use using the educator's professional judgment,
1745 including whether any process or permission is required before classroom use of the materials
1746 or resources.
1747 (e) If an LEA contracts with another party to provide online or digital materials, the
1748 LEA shall include in the contract a requirement that the provider give notice to the LEA any
1749 time that the provider makes a material change to the content of the online or digital materials,
1750 excluding regular informational updates on current events.
1751 (f) Nothing in this Subsection (26) requires a local school board to review all learning
1752 materials used within the LEA.
1753 Section 18. Effective date.
1754 This bill takes effect on May 1, 2024.