Enrolled Copy H.B. 339
1 SCHOOL COMMUNITY COUNCIL AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson Moss Senate Sponsor: Chris H. Wilson
2
3 LONG TITLE
4 General Description:
5 This bill grants the State Board of Education certain rulemaking authority regarding school
6 community councils for which there are insufficient members to fill certain positions.
7 Highlighted Provisions:
8 This bill:
9 ▸ grants the State Board of Education certain rulemaking authority regarding school
10 community councils for which there are insufficient members to fill certain positions.
11 Money Appropriated in this Bill:
12 None
13 Other Special Clauses:
14 None
15 Utah Code Sections Affected:
16 AMENDS:
17 53G-7-1202, as last amended by Laws of Utah 2020, Chapter 161
18
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 53G-7-1202 is amended to read:
21 53G-7-1202 . School community councils -- Duties -- Composition -- Election
22 procedures and selection of members.
23 (1) As used in this section:
24 (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
25 behavior related to technology use, including digital literacy, ethics, etiquette, and
26 security.
27 (b) "Educator" means the same as that term is defined in Section 53E-6-102.
28 (c) (i) "Parent member" means a member of a school community council who is a
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29 parent of a student who:
30 (A) is attending the school; or
31 (B) will be enrolled at the school during the parent's term of office.
32 (ii) "Parent member" may not include an educator who is employed at the school.
33 (d) "Safety principles" means safety principles that, when incorporated into programs
34 and resources, impact academic achievement by strengthening a safe and wholesome
35 learning environment, including continual efforts for safe technology utilization and
36 digital citizenship.
37 (e) "School community council" means a council established at a district school in
38 accordance with this section.
39 (f) "School employee member" means a member of a school community council who is
40 a person employed at the school by the school or school district, including the
41 principal.
42 (g) "School LAND Trust Program money" means money allocated to a school pursuant
43 to Section 53F-2-404.
44 (2) A district school, in consultation with the district school's local school board, shall
45 establish a school community council at the school building level for the purpose of:
46 (a) involving parents of students in decision making at the school level;
47 (b) improving the education of students;
48 (c) prudently expending School LAND Trust Program money for the improvement of
49 students' education through collaboration among parents, school employees, and the
50 local school board; and
51 (d) increasing public awareness of:
52 (i) school trust lands and related land policies;
53 (ii) management of the State School Fund established in Utah Constitution Article X,
54 Section V; and
55 (iii) educational excellence.
56 (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
57 (i) create the School LAND Trust Program and LAND Trust plan in accordance with
58 Section 53G-7-1206;
59 (ii) advise and make recommendations to school and school district administrators
60 and the local school board regarding:
61 (A) the school and its programs;
62 (B) school district programs;
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63 (C) a child access routing plan in accordance with Section 53G-4-402;
64 (D) safe technology utilization and digital citizenship; and
65 (E) other issues relating to the community environment for students;
66 (iii) provide for education and awareness on safe technology utilization and digital
67 citizenship that empowers:
68 (A) a student to make smart media and online choices; and
69 (B) a parent to know how to discuss safe technology use with the parent's child;
70 (iv) partner with the school's principal and other administrators to ensure that
71 adequate on and off campus Internet filtering is installed and consistently
72 configured to prevent viewing of harmful content by students and school
73 personnel, in accordance with local school board policy and Subsection 53G-7-216
74 (3);
75 (v) in accordance with state board rule regarding school community council
76 expenditures and funding limits:
77 (A) work with students, families, and educators to develop and incorporate safety
78 principles at the school; and
79 (B) hold at least an annual discussion with the school's principal and district
80 administrators regarding safety principles at the school and district level in
81 order to coordinate the school community council's effort to develop and
82 incorporate safety principles at the school; and
83 (vi) provide input to the school's principal on a positive behaviors plan in accordance
84 with Section 53G-10-407.
85 (b) To fulfill the school community council's duties described in Subsections (3)(a)(iii)
86 and (iv), a school community council may:
87 (i) partner with one or more non-profit organizations; or
88 (ii) create a subcommittee.
89 (c) A school or school district administrator may not prohibit or discourage a school
90 community council from discussing issues, or offering advice or recommendations,
91 regarding the school and its programs, school district programs, the curriculum, or
92 the community environment for students.
93 (4) (a) [Each] Except as provided in Subsection (4)(e), each school community council
94 shall consist of school employee members and parent members in accordance with
95 this section.
96 (b) Except as provided in Subsection (4)(c) or (d):
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97 (i) each school community council for a high school shall have six parent members
98 and four school employee members, including the principal; and
99 (ii) each school community council for a school other than a high school shall have
100 four parent members and two school employee members, including the principal.
101 (c) A school community council may determine the size of the school community
102 council by a majority vote of a quorum of the school community council provided
103 that:
104 (i) the membership includes two or more parent members than the number of school
105 employee members; and
106 (ii) there are at least two school employee members on the school community council.
107 (d) (i) The number of parent members of a school community council who are not
108 educators employed by the school district shall exceed the number of parent
109 members who are educators employed by the school district.
110 (ii) If, after an election, the number of parent members who are not educators
111 employed by the school district does not exceed the number of parent members
112 who are educators employed by the school district, the parent members of the
113 school community council shall appoint one or more parent members to the school
114 community council so that the number of parent members who are not educators
115 employed by the school district exceeds the number of parent members who are
116 educators employed by the school district.
117 (e) The state board may make rules, in accordance with Title 63G, Chapter 3, Utah
118 Administrative Rulemaking Act, governing a school community council when, under
119 unique circumstances that the state board identifies, there are insufficient members to
120 fill the positions described in this Subsection (4).
121 (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
122 the principal, shall be elected by secret ballot by a majority vote of the school
123 employees and serve a two-year term. The principal shall serve as an ex officio
124 member with full voting privileges.
125 (b) (i) Except as provided in Subsection (5)(f), a parent member shall be elected by
126 secret ballot at an election held at the school by a majority vote of those voting at
127 the election and serve a two-year term.
128 (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent of a student
129 attending the school may vote in, or run as a candidate in, the election under
130 Subsection (5)(b)(i).
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131 (B) If an election is held in the spring, a parent of a student who will be attending
132 the school the following school year may vote in, and run as a candidate in, the
133 election under Subsection (5)(b)(i).
134 (iii) Any parent of a student who meets the qualifications of this section may file or
135 declare the parent's candidacy for election to a school community council.
136 (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
137 election of parent members of a school community council shall be established
138 by a local school board for the schools within the school district.
139 (B) An election for the parent members of a school community council shall be
140 held near the beginning of the school year or held in the spring and completed
141 before the last week of school.
142 (C) Each school shall establish a time period for the election of parent members of
143 a school community council under Subsection (5)(b)(iv)(B) that is consistent
144 for at least a four-year period.
145 (c) (i) At least 10 days before the date that voting commences for the elections held
146 under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's
147 designee, shall provide notice to each school employee or parent of the
148 opportunity to vote in, and run as a candidate in, an election under this Subsection
149 (5).
150 (ii) The notice shall include:
151 (A) the dates and times of the elections;
152 (B) a list of council positions that are up for election; and
153 (C) instructions for becoming a candidate for a community council position.
154 (iii) The principal of the school, or the principal's designee, shall oversee the
155 elections held under Subsections (5)(a) and (5)(b).
156 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
157 secure ballot box.
158 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
159 available to the public upon request.
160 (e) (i) If a parent position on a school community council remains unfilled after an
161 election is held, the other parent members of the council shall appoint a parent
162 who meets the qualifications of this section to fill the position.
163 (ii) If a school employee position on a school community council remains unfilled
164 after an election is held, the other school employee members of the council shall
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165 appoint a school employee to fill the position.
166 (iii) A member appointed to a school community council under Subsection (5)(e)(i)
167 or (ii) shall serve a two-year term.
168 (f) (i) If the number of candidates who file for a parent position or school employee
169 position on a school community council is less than or equal to the number of
170 open positions, an election is not required.
171 (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent position
172 remains unfilled, the other parent members of the council shall appoint a parent
173 who meets the qualifications of this section to fill the position.
174 (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
175 position remains unfilled, the other school employee members of the council shall
176 appoint a school employee who meets the qualifications of this section to fill the
177 position.
178 (g) The principal shall enter the names of the council members on the School LAND
179 Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
180 (h) Terms shall be staggered so that approximately half of the council members stand for
181 election each year.
182 (i) A school community council member may serve successive terms provided the
183 member continues to meet the definition of a parent member or school employee
184 member as specified in Subsection (1).
185 (j) Each school community council shall elect:
186 (i) a chair from its parent members; and
187 (ii) a vice chair from either its parent members or school employee members,
188 excluding the principal.
189 (6) (a) A school community council may create subcommittees or task forces to:
190 (i) advise or make recommendations to the council; or
191 (ii) develop all or part of a plan listed in Subsection (3).
192 (b) Any plan or part of a plan developed by a subcommittee or task force shall be subject
193 to the approval of the school community council.
194 (c) A school community council may appoint individuals who are not council members
195 to serve on a subcommittee or task force, including parents, school employees, or
196 other community members.
197 (7) (a) A majority of the members of a school community council is a quorum for the
198 transaction of business.
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199 (b) The action of a majority of the members of a quorum is the action of the school
200 community council.
201 (8) A local school board shall provide training for a school community council each year,
202 including training:
203 (a) for the chair and vice chair about their responsibilities;
204 (b) on resources available on the School LAND Trust website; and
205 (c) on this part.
206 Section 2. Effective date.
207 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 53G-7-1202
Enrolled: 53G-7-1202