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First Substitute H.B. 119
Representative Jeff Alexander proposes to substitute the following bill:
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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 THE SIZE OF A
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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-14-202, as last amended by Chapter 132, Laws of Utah 1998
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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53A-6-104, as repealed and reenacted by Chapter 108, Laws of Utah 1999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-14-202
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.]
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(1) (a) The board of education of a school district with a student population of up to 24,000
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students shall consist of five members.
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(b) The board of education of a school district with a student population of more than
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24,000 students shall consist of seven members beginning with the 2002 regular general election,
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except for the Salt Lake City School District, which is currently authorized to have a
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seven-member board.
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(c) If the student population in a school district with a seven-member board drops below
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24,001 students, the district shall still maintain a seven-member board.
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[(b) (i)] (d) 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)] (e) One member of the local board of education shall be elected from each local
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school 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 2.
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 3.
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 of a
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classroom teacher on a case-by-case basis if the board determines that the individual is suited for
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teaching on the basis 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 4. Effective date.
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This act takes effect on July 1, 2000.
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