1     
SCHOOL DISTRICT BOUNDARY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Norman K Thurston

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to school district boundaries.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires school districts that serve residents of a single municipality to initiate
14     boundary adjustment proceedings upon certain municipal annexation actions;
15          ▸     exempts a school district from initiating a boundary adjustment in connection with
16     municipal annexation if the affected school districts determine it is in the best
17     interests of the municipality's residents to maintain the existing school district
18     boundaries;
19          ▸     requires certain school districts that construct a school within the boundaries of
20     another school district to initiate boundary adjustment proceedings by a specified
21     date in order to transfer the land to the school district; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53G-3-501, as last amended by Laws of Utah 2023, Chapter 116
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53G-3-501 is amended to read:
33          53G-3-501. Transfer of a portion of a school district -- Required boundary
34     adjustments -- Local school board petition -- Elector petition -- Certification of petition
35     signatures -- Removal of signature -- Transfer election.
36          (1) Part of a school district may be transferred to another district in one of the
37     following ways:
38          (a) presentation to the county legislative body of each of the affected counties of a
39     resolution requesting the transfer, approved by at least four-fifths of the members of the local
40     school board of each affected school district;
41          (b) presentation to the county legislative body of each affected county of a petition
42     requesting that the voters vote on the transfer, signed by a majority of the members of the local
43     school board of each affected school district; [or]
44          (c) presentation to the county legislative body of each affected county of a petition
45     requesting that the voters vote on the transfer, signed by 15% of the registered voters in each of
46     the affected school districts within that county[.]; or
47          (d) for a boundary adjustment required under Subsection (2) or (3), submission to the
48     county legislative body of each of the affected counties of a resolution requesting the transfer
49     from the local school board of the school district that is required to initiate the boundary
50     adjustment.
51          [(2) (a) If an annexation of property by a city would result in its residents being served
52     by more than one school district, then the presidents of the affected local school boards shall
53     meet within 60 days prior to the effective date of the annexation to determine whether it would
54     be advisable to adjust school district boundaries to permit all residents of the expanded city to
55     be served by a single school district.]
56          [(b) Upon conclusion of the meeting, the local school board presidents shall prepare a
57     recommendation for presentation to their respective local school boards as soon as reasonably
58     possible.]
59          [(c) The local school boards may then initiate realignment proceedings under
60     Subsection (1)(a) or (b).]
61          [(d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
62     local school board may initiate the following procedures by majority vote within 60 days of the
63     vote rejecting realignment:]
64          [(i) (A) within 30 days after a vote to initiate these procedures, each local school board
65     shall appoint one member to a boundary review committee; or]
66          [(B) if the local school board becomes deadlocked in selecting the appointee under
67     Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or serve as
68     the appointee to the review committee.]
69          [(ii) The two local school board-appointed members of the committee shall meet and
70     appoint a third member of the committee.]
71          [(iii) If the two local school board-appointed members are unable to agree on the
72     appointment of a third member within 30 days after both are appointed, the state superintendent
73     shall appoint the third member.]
74          [(iv) The committee shall meet as necessary to prepare recommendations concerning
75     resolution of the realignment issue, and shall submit the recommendations to the affected local
76     school boards within six months after the appointment of the third member of the committee.]
77          [(v) If a majority of the members of each local school board accepts the
78     recommendation of the committee, or accepts the recommendation after amendment by the
79     local school boards, then the accepted recommendation shall be implemented.]
80          [(vi) If the committee fails to submit its recommendation within the time allotted, or if
81     one local school board rejects the recommendation, the affected local school boards may agree
82     to extend the time for the committee to prepare an acceptable recommendation or either local
83     school board may request the state board to resolve the question.]
84          [(vii) If the committee has submitted a recommendation which the state board finds to
85     be reasonably supported by the evidence, the state board shall adopt the committee's
86     recommendation.]
87          [(viii) The decision of the state board is final.]
88          (2) (a) As used in this Subsection (2):
89          (i) "Expansion area" means the area of land approved for annexation and located
90     outside the boundaries of a specified school district.
91          (ii) "Municipality" means a city or town.
92          (iii) "Originating school district" means the school district whose boundaries an
93     expansion area is located within prior to the boundary adjustment required under Subsection
94     (2)(b).
95          (iv) "Specified school district" means a school district:
96          (A) that serves residents within a single municipality; and
97          (B) for which the municipality whose residents the school district serves enacts an
98     ordinance in accordance with Title 10, Chapter 2, Part 4, Annexation, approving the annexation
99     of an area of land located outside the boundaries of the school district.
100          (b) Notwithstanding any other provisions of this chapter and except as provided in
101     Subsection (2)(c)(ii), the local school board of a specified school district shall initiate boundary
102     adjustment proceedings under Subsection (1)(d):
103          (i) to request the expansion area to be transferred to the specified school district from
104     the originating school district; and
105          (ii) by submitting the resolution requesting the transfer, as provided in Subsection
106     (1)(d), within 60 days after the day on which the municipality enacts the ordinance approving
107     annexation of the expansion area.
108          (c) (i) Before initiating the boundary adjustment required under Subsection (2)(b), the
109     local school board presidents of the specified school district and the originating school district
110     shall, within the timeframe described in Subsection (2)(b)(ii), meet to determine whether
111     allowing the expansion area to remain within the boundaries of the originating school district is
112     in the best interests of the municipality's residents.
113          (ii) The requirements of Subsection (2)(b) do not apply to a specified school district if,
114     upon meeting under Subsection (2)(c)(i), the presidents of the local school boards mutually
115     agree that allowing the expansion area to remain within the boundaries of the originating
116     school district is in the best interests of the municipality's residents.
117          (3) (a) This Subsection (3) applies to a school district that:
118          (i) serves residents within a single municipality; and
119          (ii) in calendar year 2018, completed construction on a secondary school within an area
120     of land located outside the boundaries of the school district.
121          (b) Notwithstanding any other provisions of this chapter, the local school board of a
122     school district described in Subsection (3)(a) shall initiate boundary adjustment proceedings
123     under Subsection (1)(d):
124          (i) to request the land described in Subsection (3)(a)(ii) to be transferred to the school
125     district from the school district whose boundaries the land is located within; and
126          (ii) by submitting the resolution requesting the transfer, as provided in Subsection
127     (1)(d), on or before June 1, 2024.
128          [(3)] (4) If a registered voter petition is presented to the county legislative body under
129     Subsection (1)(c):
130          (a) within three business days after the day on which the county legislative body
131     receives the petition, the county legislative body shall provide the petition to the county clerk;
132     and
133          (b) within 14 days after the day on which a county clerk receives a petition from the
134     county legislative body, the county clerk shall:
135          (i) use the procedures described in Section 20A-1-1002 to determine whether the
136     petition satisfies the requirements of Subsection (1)(c) for a registered voter petition;
137          (ii) certify on the petition whether each name is that of a registered voter in one of the
138     affected districts; and
139          (iii) deliver the certified petition to the county legislative body.
140          [(4)] (5) (a) A voter who signs a registered voter petition under Subsection (1)(c) may
141     have the voter's signature removed from the petition by, no later than three business days after
142     the day on which the county legislative body provides the petition to the county clerk,
143     submitting to the county clerk a statement requesting that the voter's signature be removed.
144          (b) A statement described in Subsection [(4)(a)] (5)(a) shall comply with the
145     requirements described in Subsection 20A-1-1003(2).
146          (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
147     determine whether to remove an individual's signature from a petition after receiving a timely,
148     valid statement requesting removal of the signature.
149          [(5)] (6) (a) The voters of each affected district shall vote on the transfer requested
150     under Subsection (1)(b) or (c) at an election called for that purpose, which may be the next
151     general election.
152          (b) The election shall be conducted and the returns canvassed as provided by election
153     law.
154          (c) A transfer is effected only if a majority of votes cast by the voters in both the
155     proposed transferor district and in the proposed transferee district are in favor of the transfer.
156          Section 2. Effective date.
157          This bill takes effect on May 1, 2024.