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H.B. 119
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PUBLIC EDUCATION AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Jeff Alexander
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AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT A LOCAL SCHOOL
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BOARD MEMBER'S TERM OF OFFICE IS TWO YEARS; PROVIDING THAT THE SIZE OF
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A LOCAL BOARD OF EDUCATION SHALL BE BASED ON THE SCHOOL DISTRICT'S
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STUDENT POPULATION; PROVIDING THAT A SCHOOL DISTRICT SUPERINTENDENT
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SHALL BE APPOINTED ON THE BASIS OF OUTSTANDING PROFESSIONAL
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QUALIFICATIONS; PROVIDING THAT A SCHOOL DISTRICT MAY EMPLOY
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UNLICENSED TEACHERS WHO POSSESS OUTSTANDING PROFESSIONAL
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QUALIFICATIONS; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-14-201, as last amended by Chapter 21, Laws of Utah 1999
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20A-14-202, as last amended by Chapter 132, Laws of Utah 1998
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20A-14-203, as enacted by Chapter 1, Laws of Utah 1995
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53A-3-301, as last amended by Chapter 218, Laws of Utah 1999
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53A-6-104, as repealed and reenacted by Chapter 108, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-14-201
is amended to read:
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20A-14-201. Boards of education -- School board districts -- Creation.
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(1) (a) The county legislative body, for local school districts whose boundaries encompass
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more than a single municipality, and the municipal legislative body, for school districts contained
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completely within a municipality, shall divide the local school district into local school board
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districts as required under Subsection
20A-14-202
(1)(a).
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(b) The county and municipal legislative bodies shall divide the school district so that the
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local school board districts are substantially equal in population and are as contiguous and compact
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as practicable.
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(2) (a) County and municipal legislative bodies shall reapportion district boundaries to
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meet the population, compactness, and contiguity requirements of this section:
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(i) at least once every ten years;
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(ii) whenever a new district is created;
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(iii) whenever districts are consolidated;
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(iv) whenever a district loses more than 20% of the population of the entire school district
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to another district;
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(v) whenever a district loses more than 50% of the population of a local school board
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district to another district; and
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(vi) whenever a district receives new residents equal to at least 20% of the population of
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the district at the time of the last reapportionment because of a transfer of territory from another
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district.
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(b) If a school district receives territory containing less than 20% of the population of the
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transferee district at the time of the last reapportionment, the local school board may assign the
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new territory to one or more existing school board districts.
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[(3) (a) Reapportionment does not affect the right of any school board member to complete
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the term for which the member was elected.]
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[(b) (i) After reapportionment, representation in a local school board district shall be
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determined as provided in Subsection (3).]
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[(ii) If only one board member whose term extends beyond reapportionment lives within
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a reapportioned local school board district, that board member shall represent that local school
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board district.]
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[(iii) (A) If two or more members whose terms extend beyond reapportionment live within
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a reapportioned local school board district, the members involved shall select one member by lot
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to represent the local school board district.]
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[(B) The other members shall serve at-large for the remainder of their terms.]
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[(C) The at-large board members shall serve in addition to the designated number of board
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members for the board in question for the remainder of their terms.]
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[(iv) If there is no board member living within a local school board district whose term
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extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in this
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part.]
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[(4) (a) If, before an election affected by reapportionment, the county or municipal
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legislative body that conducted the reapportionment determines that one or more members must
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be elected to terms of two years to meet this part's requirements for staggered terms, the legislative
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body shall determine by lot which of the reapportioned local school board districts will elect
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members to two-year terms and which will elect members to four-year terms.]
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[(b) All subsequent elections are for four-year terms.]
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Section 2.
Section
20A-14-202
is amended to read:
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20A-14-202. Local Boards of Education -- Membership -- When elected --
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Qualifications -- Avoiding conflicts of interest.
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(1) (a) [Unless otherwise required by this part, the Salt Lake City Board of Education shall
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consist of seven members and the boards of education of all other local school districts shall
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consist of five members.] The number of members on a local board of education is determined as
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follows:
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(i) a school district with a student population of up to 2,000 students shall have a
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five-member board;
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(ii) a school district with a student population of between 2,001 and 10,000 students shall
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have a seven-member board;
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(iii) a school district with a student population of between 10,001 and 20,000 students
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shall have a nine-member board; and
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(iv) a school district with a student population of more than 20,000 students shall have an
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eleven-member board.
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(b) [(i)] Members of a local board of education shall be elected at each regular general
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election.
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[(ii) Except as provided in Subsection (1)(b)(iii), no more than three members of a local
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board of education may be elected to a five-member board, nor more than four members elected
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to a seven-member board, in any election year.]
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[(iii) More than three members of a local board of education may be elected to a
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five-member board and more than four members elected to a seven-member board in any election
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year only when required by reapportionment or to fill a vacancy.]
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(c) One member of the local board of education shall be elected from each local school
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board district.
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(2) A member of a local school board shall:
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(a) be and remain a registered voter in the local school board district from which the
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member is elected or appointed; and
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(b) maintain his primary residence within the local school board district from which the
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member is elected or appointed.
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(3) A member of a local school board may not, during the member's term in office, also
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serve as an employee of that board.
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Section 3.
Section
20A-14-203
is amended to read:
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20A-14-203. Becoming a member of a local board of education -- Declaration of
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candidacy -- Election.
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(1) An individual may become a candidate for a local school board by filing a declaration
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of candidacy with the county clerk and paying the fee as required by Section
20A-9-202
.
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(2) (a) The term of office for an individual elected to a local board of education is [four]
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two years, beginning on the first Monday in January after the election.
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(b) A member of a local board of education shall serve until a successor is elected or
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appointed and qualified.
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(c) A member of a local board of education is "qualified" when the member takes or signs
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the constitutional oath of office.
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Section 4.
Section
53A-3-301
is amended to read:
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53A-3-301. Superintendent of schools -- Appointment -- Qualifications -- Term --
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Compensation.
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(1) A local school board shall appoint a district superintendent of schools who serves as
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the board's chief executive officer.
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(2) (a) The board shall appoint the superintendent on the basis of outstanding professional
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qualifications.
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[(2)] (b) The superintendent's term of office is for two years and until a successor is
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appointed and qualified.
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(3) If it becomes necessary to appoint an interim superintendent due to a vacancy in the
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office of superintendent, then the board shall make an appointment during a public meeting for an
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indefinite term not to exceed one year, which term shall end upon the appointment and
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qualification of a new superintendent.
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[(4) The superintendent shall hold an administrative/supervisory certificate issued by the
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State Board of Education.]
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[(5)] (4) The board shall set the superintendent's compensation for services.
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[(6)] (5) The superintendent qualifies for office by taking the constitutional oath of office.
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Section 5.
Section
53A-6-104
is amended to read:
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53A-6-104. Board licensure.
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(1) (a) The board may issue licenses for educators.
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(b) (i) A person employed in a position that requires licensure by the board shall hold the
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appropriate license, except that a local school board may waive the licensure requirement on a
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case-by-case basis if the board determines that the individual is suited for the position on the basis
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of outstanding professional qualifications.
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(ii) An individual employed under Subsection (1)(b)(i) who is not licensed:
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(A) shall submit to a criminal background check as a condition for employment; and
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(B) is considered a temporary employee as defined in Subsection
53A-8-102
and serves
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at will with no expectation of continued employment.
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(2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish
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the criteria for obtaining and retaining licenses.
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(b) The board shall make rules requiring participation in professional development
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activities in order for educators to retain their licenses.
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(3) Unless suspended or revoked by the board, or surrendered by the educator, a license
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is valid for the following period:
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(a) a letter of authorization is valid for one year, or a shorter period as specified by the
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board, subject to renewal by the board for a total of not more than four years;
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(b) a level 1 license is valid for three years, subject to renewal by the board for a total of
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not more than six years;
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(c) a level 2 license is valid for five years, subject to renewal by the board; and
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(d) a level 3 license is valid for seven years, subject to renewal by the board.
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Section 6. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 2-4-00 4:43 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.