Enrolled Copy S.B. 225
1 SCHOOL DISTRICT BOUNDARY AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble House Sponsor: Norman K Thurston
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions related to school district boundaries.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ requires school districts that serve residents of a single municipality to initiate boundary
10 adjustment proceedings upon certain municipal annexation actions;
11 ▸ exempts a school district from initiating a boundary adjustment in connection with
12 municipal annexation if the affected school districts determine it is in the best interests of the
13 municipality's residents to maintain the existing school district boundaries;
14 ▸ requires certain school districts that construct a school within the boundaries of another
15 school district to initiate boundary adjustment proceedings by a specified date in order to
16 transfer the land to the school district; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53G-3-501, as last amended by Laws of Utah 2023, Chapter 116
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53G-3-501 is amended to read:
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28 53G-3-501 . Transfer of a portion of a school district -- Required boundary
29 adjustments -- Local school board petition -- Elector petition -- Certification of petition
30 signatures -- Removal of signature -- Transfer election.
31 (1) Part of a school district may be transferred to another district in one of the following
32 ways:
33 (a) presentation to the county legislative body of each of the affected counties of a
34 resolution requesting the transfer, approved by at least four-fifths of the members of
35 the local school board of each affected school district;
36 (b) presentation to the county legislative body of each affected county of a petition
37 requesting that the voters vote on the transfer, signed by a majority of the members of
38 the local school board of each affected school district; [or]
39 (c) presentation to the county legislative body of each affected county of a petition
40 requesting that the voters vote on the transfer, signed by 15% of the registered voters
41 in each of the affected school districts within that county[.] ; or
42 (d) for a boundary adjustment required under Subsection (2) or (3), submission to the
43 county legislative body of each of the affected counties of a resolution requesting the
44 transfer from the local school board of the school district that is required to initiate
45 the boundary adjustment.
46 [(2) (a) If an annexation of property by a city would result in its residents being served by
47 more than one school district, then the presidents of the affected local school boards
48 shall meet within 60 days prior to the effective date of the annexation to determine
49 whether it would be advisable to adjust school district boundaries to permit all residents
50 of the expanded city to be served by a single school district.]
51 [(b) Upon conclusion of the meeting, the local school board presidents shall prepare a
52 recommendation for presentation to their respective local school boards as soon as
53 reasonably possible.]
54 [(c) The local school boards may then initiate realignment proceedings under Subsection
55 (1)(a) or (b).]
56 [(d) If a local school board rejects realignment under Subsection (1)(a) or (b), the other
57 local school board may initiate the following procedures by majority vote within 60 days
58 of the vote rejecting realignment:]
59 [(i) (A) within 30 days after a vote to initiate these procedures, each local school board
60 shall appoint one member to a boundary review committee; or]
61 [(B) if the local school board becomes deadlocked in selecting the appointee under
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62 Subsection (2)(d)(i)(A), the local school board's chair shall make the appointment or
63 serve as the appointee to the review committee.]
64 [(ii) The two local school board-appointed members of the committee shall meet and
65 appoint a third member of the committee.]
66 [(iii) If the two local school board-appointed members are unable to agree on the
67 appointment of a third member within 30 days after both are appointed, the state
68 superintendent shall appoint the third member.]
69 [(iv) The committee shall meet as necessary to prepare recommendations concerning
70 resolution of the realignment issue, and shall submit the recommendations to the
71 affected local school boards within six months after the appointment of the third
72 member of the committee.]
73 [(v) If a majority of the members of each local school board accepts the recommendation
74 of the committee, or accepts the recommendation after amendment by the local school
75 boards, then the accepted recommendation shall be implemented.]
76 [(vi) If the committee fails to submit its recommendation within the time allotted, or if one
77 local school board rejects the recommendation, the affected local school boards may
78 agree to extend the time for the committee to prepare an acceptable recommendation or
79 either local school board may request the state board to resolve the question.]
80 [(vii) If the committee has submitted a recommendation which the state board finds to be
81 reasonably supported by the evidence, the state board shall adopt the committee's
82 recommendation.]
83 [(viii) The decision of the state board is final.]
84 (2) (a) As used in this Subsection (2):
85 (i) "Expansion area" means the area of land approved for annexation and located
86 outside the boundaries of a specified school district.
87 (ii) "Municipality" means a city or town.
88 (iii) "Originating school district" means the school district whose boundaries an
89 expansion area is located within prior to the boundary adjustment required under
90 Subsection (2)(b).
91 (iv) "Specified school district" means a school district:
92 (A) that serves residents within a single municipality; and
93 (B) for which the municipality whose residents the school district serves enacts an
94 ordinance in accordance with Title 10, Chapter 2, Part 4, Annexation,
95 approving the annexation of an area of land located outside the boundaries of
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96 the school district.
97 (b) Notwithstanding any other provisions of this chapter and except as provided in
98 Subsection (2)(c)(ii), the local school board of a specified school district shall initiate
99 boundary adjustment proceedings under Subsection (1)(d):
100 (i) to request the expansion area to be transferred to the specified school district from
101 the originating school district; and
102 (ii) by submitting the resolution requesting the transfer, as provided in Subsection
103 (1)(d), within 60 days after the day on which the municipality enacts the ordinance
104 approving annexation of the expansion area.
105 (c) (i) Before initiating the boundary adjustment required under Subsection (2)(b), the
106 local school board presidents of the specified school district and the originating
107 school district shall, within the timeframe described in Subsection (2)(b)(ii), meet
108 to determine whether allowing the expansion area to remain within the boundaries
109 of the originating school district is in the best interests of the municipality's
110 residents.
111 (ii) The requirements of Subsection (2)(b) do not apply to a specified school district
112 if, upon meeting under Subsection (2)(c)(i), the presidents of the local school
113 boards mutually agree that allowing the expansion area to remain within the
114 boundaries of the originating school district is in the best interests of the
115 municipality's residents.
116 (3) (a) This Subsection (3) applies to a school district that:
117 (i) serves residents within a single municipality; and
118 (ii) in calendar year 2018, completed construction on a secondary school within an
119 area of land located outside the boundaries of the school district.
120 (b) Notwithstanding any other provisions of this chapter, the local school board of a
121 school district described in Subsection (3)(a) shall initiate boundary adjustment
122 proceedings under Subsection (1)(d):
123 (i) to request the land described in Subsection (3)(a)(ii) to be transferred to the school
124 district from the school district whose boundaries the land is located within; and
125 (ii) by submitting the resolution requesting the transfer, as provided in Subsection
126 (1)(d), on or before June 1, 2024.
127 [(3)] (4) If a registered voter petition is presented to the county legislative body under
128 Subsection (1)(c):
129 (a) within three business days after the day on which the county legislative body
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130 receives the petition, the county legislative body shall provide the petition to the
131 county clerk; and
132 (b) within 14 days after the day on which a county clerk receives a petition from the
133 county legislative body, the county clerk shall:
134 (i) use the procedures described in Section 20A-1-1002 to determine whether the
135 petition satisfies the requirements of Subsection (1)(c) for a registered voter
136 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
142 days after the day on which the county legislative body provides the petition to the
143 county clerk, submitting to the county clerk a statement requesting that the voter's
144 signature be removed.
145 (b) A statement described in Subsection [(4)(a)] (5)(a) shall comply with the
146 requirements described in Subsection 20A-1-1003(2).
147 (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to
148 determine whether to remove an individual's signature from a petition after receiving
149 a timely, valid statement requesting removal of the signature.
150 [(5)] (6) (a) The voters of each affected district shall vote on the transfer requested under
151 Subsection (1)(b) or (c) at an election called for that purpose, which may be the next
152 general election.
153 (b) The election shall be conducted and the returns canvassed as provided by election
154 law.
155 (c) A transfer is effected only if a majority of votes cast by the voters in both the
156 proposed transferor district and in the proposed transferee district are in favor of the
157 transfer.
158 Section 2. Effective date.
159 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 53G-3-501
Enrolled: 53G-3-501