reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 9 - Funds and Accounts › Part 3 - Education Fund › Section 306 - Teacher and Student Success Account.

Effective 7/1/2023
53F-9-306.
Teacher and Student Success Account.
(1) As used in this section, "account" means the Teacher and Student Success Account created in this section.
(2) There is created within the Income Tax Fund a restricted account known as the "Teacher and Student Success Account."
(3) The account shall be funded by:
(a) amounts deposited into the account in accordance with Section 53F-2-301; and
(b) other legislative appropriations.
(4) The account shall earn interest.
(5) Interest earned on the account shall be deposited into the account.
(6) The Legislature shall appropriate money in the account to the state board.
Amended by Chapter 7, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 9 - Funds and Accounts › Part 4 - General Fund › Section 401 - Autism Awareness Restricted Account.

Affected by 63I-2-253 on 7/1/2024
Effective 5/12/2020
53F-9-401.
Autism Awareness Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Autism Awareness Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the state superintendent shall:
(a)
(i) ensure the inventory of Autism Awareness Support special group license plate decals are in stock; and
(ii) transfer money to the Tax Commission to pay for the group license plate as needed;
(b) distribute funds in the account to one or more charitable organizations that:
(i) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(ii) has as the organization's sole mission to promote access to resources and responsible information for individuals of all ages who have, or are affected by, autism or autism spectrum related conditions;
(iii) is an independent organization that has representation from state agencies and private providers serving individuals with autism spectrum disorder and their families in the state;
(iv) includes representation of:
(A) national and local autism advocacy groups, as available; and
(B) interested parents and professionals; and
(v) does not endorse any specific treatment, therapy, or intervention used for autism.
(4)
(a) An organization described in Subsection (3) may apply to the state superintendent to receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the state superintendent in accordance with Subsection (3) shall expend the distribution only to:
(i) pay for autism education and public awareness of programs and related services in the state;
(ii) enhance programs designed to serve individuals with autism;
(iii) provide support to caregivers providing services for individuals with autism;
(iv) pay administrative costs of the organization; and
(v) pay for academic scholarships and research efforts in the area of autism spectrum disorder.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board may make rules providing procedures for an organization to apply to the state superintendent to receive a distribution under Subsection (3).
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 9 - Funds and Accounts › Part 4 - General Fund › Section 403 - Kiwanis Education Support Fund.

Affected by 63I-2-253 on 7/1/2024
Effective 11/1/2021
53F-9-403.
Kiwanis Education Support Fund.
(1) There is created an expendable special revenue fund known as the "Kiwanis Education Support Fund."
(2) The fund consists of:
(a) contributions deposited into the fund in accordance with Section 41-1a-422;
(b) private contributions;
(c) donations or grants from public or private entities; and
(d) money appropriated to the fund by the Legislature.
(3) Subject to Subsection 41-1a-418(2), the State Tax Commission:
(a) shall expend money in the fund to pay the initial costs of ordering and issuing Kiwanis special group license plates; and
(b) as needed, may expend money in the fund to pay the costs of reordering Kiwanis special group license plates and decals.
(4) On an annual basis, the State Tax Commission shall:
(a) evaluate the fund's ability to cover the costs described in Subsection (3); and
(b) based on the evaluation described in Subsection (4)(a), adjust the allocation of contributions described in Subsection (2)(a) deposited into the fund.
Enacted by Chapter 219, 2021 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 9 - Funds and Accounts › Part 5 - Miscellaneous Revenue › Section 501 - Hospitality and Tourism Management Education Account -- Uses -- Costs.

Effective 5/14/2019
53F-9-501.
Hospitality and Tourism Management Education Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Hospitality and Tourism Management Education Account," which the state board shall use to fund the Hospitality and Tourism Management Career and Technical Education Pilot Program created in Section 53E-3-515.
(2) The account consists of:
(a) distributions to the account under Section 59-28-103;
(b) interest earned on the account;
(c) appropriations made by the Legislature; and
(d) private donations, grants, gifts, bequests, or money made available from any other source to implement Section 53E-3-507 or 53E-3-515.
(3) The state board shall administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the account.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 9 - Funds and Accounts › Part 6 - Supplemental Capital Project Funding › Section 601 - Small School District Capital Projects Fund.

Effective 3/24/2022
53F-9-601.
Small School District Capital Projects Fund.
(1) As used in this section:
(a) "Capital development project" means the same as that term is defined in Section 63A-5b-401.
(b) "Fund" means the Small School District Capital Projects Fund created in this section.
(2)
(a) There is created a capital projects fund known as the Small School District Capital Projects Fund.
(b) Subject to legislative appropriations, and except as provided in Subsection (4), money in the fund shall be used for a capital development project in accordance with this section and Title 53F, Chapter 10, State Funding -- Capital Projects.
(c) The fund shall:
(i) be funded by:
(A) one-time appropriations; and
(B) repayment and interest on loans described in Section 53F-10-302; and
(ii) accrue interest, which shall be deposited into the fund.
(3) The state board shall authorize disbursements from the fund.
(4) The state board shall administer the fund in accordance with this section.
Enacted by Chapter 407, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 1 - General Provisions › Section 101 - Definitions.

Effective 3/23/2023
53F-10-101.
Definitions.
As used in this section:
(1) "Capital development project" means the same as that term is defined in Section 63A-5b-401, including new construction, capital expansion, and renovation.
(2) "Capital local levy" means the levy that a local school board imposes under Section 53F-8-303.
(3) "Capital Projects Evaluation Panel" or "panel" means the panel established in Section 53F-10-201.
(4) "Capital projects funding" means funds distributed from the Small School District Capital Projects Fund.
(5) "Division" means the Division of Facilities Construction and Management.
(6) "Eligible school district" means a school district:
(a) in a county of the fourth, fifth, or sixth class; and
(b)
(i) that qualifies for state guarantee funding related to local levies under Section 53F-2-601; or
(ii)
(A) that has a project that the panel has approved; and
(B) that the state board approves, upon the state superintendent's recommendation.
(7) "Small School District Capital Projects Fund" or "fund" means the capital projects fund created in Section 53F-9-601.
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 1 - General Provisions › Section 102 - Capital development project proposal process -- State board role.

Effective 3/24/2022
53F-10-102.
Capital development project proposal process -- State board role.
(1) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process for school districts to submit to the panel proposals for funding for capital development projects under this chapter, including:
(a) the panel's review, prioritization, and recommendation to the state board;
(b) the state board's consideration and approval, if applicable, of proposed capital development projects; and
(c) management of panel processes and administration.
(2) The state board may fund direct costs and administration of the panel, not to exceed $200,000.
(3) The state board shall:
(a) evaluate recommendations of the panel regarding proposed capital development projects;
(b) approve proposed capital development projects, subject to the availability of capital development funding; and
(c) oversee the disbursement of capital development funding.
Enacted by Chapter 407, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 2 - Capital Projects Evaluation Panel › Section 201 - Capital Projects Evaluation Panel.

Effective 3/24/2022
53F-10-201.
Capital Projects Evaluation Panel.
(1) There is created the Capital Projects Evaluation Panel to review, prioritize, and approve proposals for state funding of capital projects under this chapter.
(2) The panel consists of the following members:
(a) the state superintendent of public instruction or the state superintendent's designee, who serves as chair of the panel;
(b) the deputy superintendent for financial operations or the deputy superintendent's designee;
(c) two individuals with expertise in school construction whom the state superintendent appoints;
(d) two individuals with construction and construction financing experience, at least one of whom being an employee of the division, whom the governor appoints; and
(e) the state treasurer or the state treasurer's designee, only in the case of panel action regarding a loan under Section 53F-10-302.
(3)
(a)
(i) Except as provided under Subsection (3)(a)(ii), an appointed member of the panel shall serve a term of two years.
(ii) Notwithstanding Subsection (3)(a)(i), a panel member's term ends on the day on which the member's position allowing the member to serve on the panel under Subsection (2) ends.
(b) The state superintendent and governor shall make the respective appointments:
(i) for the initial appointments, before July 1, 2022;
(ii) for subsequent terms, before July 1 of each even-numbered year, by:
(A) reappointing the panel member whose term expires under Subsection (3)(a)(i); or
(B) appointing a new panel member; and
(iii) in the case of a vacancy created under Subsection (3)(a)(ii), for the remainder of the vacated term.
(c) The state superintendent and governor may change the relevant appointment described in Subsection (2) at any time for the remainder of the existing term.
(4) A panel member:
(a) may not receive compensation or benefits for the member's service on the panel other than a member who is an existing state employee receiving the employee's existing compensation and benefits related to the employee's state employment; and
(b) may receive per diem and reimbursement for travel expenses that the member incurs as a panel member at the rates that the Division of Finance establishes under:
(i) Sections 63A-3-106 and 63A-3-107; and
(ii) rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107.
(5)
(a) A majority of the panel members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the panel.
(6)
(a) The state board shall provide staff support to the panel.
(b) The division shall provide technical expertise to the panel as requested by the panel.
Enacted by Chapter 407, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 2 - Capital Projects Evaluation Panel › Section 202 - Panel duties.

Effective 3/24/2022
53F-10-202.
Panel duties.
(1) The panel shall:
(a) determine criteria for:
(i) the allowed uses of capital project fund resources described in Sections 53F-10-301 and 53F-10-302 and the prioritization of proposed capital development projects, including the extent to which a proposed project:
(A) eliminates risks to student life and safety through renewal or replacement;
(B) enhances efficiency of use, including combining necessarily existent small schools, described in Section 53F-2-304;
(C) addresses essential program growth and capacity;
(D) provides a cost effective solution that is appropriate for the facility's need; and
(E) comports with the school district's provision of matching funds and sufficient revenues for ongoing operation and maintenance;
(b) evaluate capital development project proposals to ensure viability, efficiency, and adherence to education and construction standards;
(c) prioritize capital development projects;
(d) recommend that the state board distribute capital project funding to school districts;
(e) if necessary based on the circumstances of the capital development project, in partnership with the division, oversee the capital development project; and
(f) report to the state board regarding the panel's actions.
(2) The panel may:
(a) determine that a technical assistance liaison is necessary for an eligible school district applying for capital project funding under this chapter to efficiently complete the project; and
(b) facilitate engagement with the division or a willing school district partner having the required technical expertise in similar capital development projects.
Enacted by Chapter 407, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 3 - Local Capital Development Project Funding › Section 301 - Capital development project grants.

Effective 3/24/2022
53F-10-301.
Capital development project grants.
(1)
(a) Except as provided in Subsection (1)(b), after reviewing an eligible school district's ability to independently generate project funding, the panel may recommend to the state board, and the state board may authorize a distribution of capital project funding in the following amounts to an eligible school district for a capital development project that the panel has prioritized:
(i) for an eligible school district with a capital local levy rate of at least 0.00105, up to 50% of the total cost of the capital development project as a 1:1 matching grant;
(ii) for an eligible school district with a capital local levy rate of at least 0.0015, up to 66.67% of the total cost of the capital development project as a 2:1 matching grant;
(iii) for an eligible school district with a capital local levy rate of at least 0.0018, up to 75% of the total cost of the capital development project as a 3:1 matching grant;
(iv) for an eligible school district with a capital local levy rate of at least 0.00225, up to 80% of the total cost of the capital development project as a 4:1 matching grant; and
(v) up to 100% of the total cost of the capital development project as a non-matching grant for an eligible school district that:
(A) has incurred debt equal to 90% of the debt limit imposed by Utah Constitution, Article XIV, Section 4; and
(B) unless the school district's capital local levy rate is at least 0.00225, increases the school district's capital local levy by 10% after March 24, 2022.
(b) Notwithstanding Subsection (1)(a), if increasing a capital local levy to a threshold described in Subsection (1)(a) would result in a per-household property tax that, based on county property tax data in the State Tax Commission's annual report, is higher than 125% of the statewide average of property tax as a percentage of household income, based on census household income data, the threshold necessary to qualify for the relevant level of grant funding shall be the capital local levy rate that would result in an overall per-household property tax that is equal to 125% of the statewide average of property tax as a percentage of household income.
(2) The panel shall determine the terms of a grant described in Subsection (1), subject to approval by the state board.
(3) A school district that receives grant funding under this section shall demonstrate the ability to provide sufficient ongoing funding to support the operation and maintenance of the new or renovated facility resulting from the capital development project based on standards that the panel establishes.
Enacted by Chapter 407, 2022 General Session
Revisor instructions Chapter 407, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 10 - State Funding -- Capital Projects › Part 3 - Local Capital Development Project Funding › Section 302 - Capital development project loans.

Effective 3/24/2022
53F-10-302.
Capital development project loans.
(1) The panel may recommend and the state board may distribute capital project funding for a loan to an eligible school district to provide the required match amount described in Section 53F-10-301 for a capital development project that the panel has prioritized:
(a) at an interest rate that the state treasurer establishes that is equal to the state's most recent general obligation bond rate; or
(b) at no interest for a school district:
(i) with a per-household property tax that is higher than 125% of the statewide average of property tax as a percentage of household income, based on the data sets described in Subsection 53F-10-302(1)(b); and
(ii) that has incurred debt equal to 90% of the debt limit imposed by Utah Constitution, Article XIV, Section 4.
(2) The panel shall determine the repayment terms of a loan described in Subsection (1), subject to state board approval, based on established standards.
(3) Repayment of a loan described in Subsection (1) and associated interest shall be deposited into the Small School District Capital Projects Fund.
(4) An LEA that receives loan funding under this section shall demonstrate the ability to provide sufficient ongoing funding to support the operation and maintenance of the new or renovated facility resulting from the capital development project based on standards that the panel establishes.
Enacted by Chapter 407, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 101 - Title.

Effective 1/24/2018
53G-1-101.
Title.
(1) This title is known as "Public Education System -- Local Administration."
(2) This chapter is known as "Title Provisions."
Enacted by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 102 - Public education code definitions.

Effective 1/24/2018
53G-1-102.
Public education code definitions.
The terms defined in Section 53E-1-102 apply to this title.
Enacted by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 1 - Title Provisions › Part 1 - General Provisions › Section 103 - Definitions.

Effective 3/28/2020
53G-1-103.
Definitions.
As used in this title, "electronic cigarette product" means the same as that term is defined in Section 76-10-101.
Amended by Chapter 161, 2020 General Session
Amended by Chapter 161, 2020 General Session, (Coordination Clause)
Coordination clause direction to modify language.
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 1 - General Provisions › Section 102 - Definitions.

Effective 1/24/2018
53G-3-102.
Definitions.
As used in this chapter:
(1) "Allocation date" means:
(a) June 20 of the second calendar year after the local school board general election date described in Subsection 53G-3-302(3)(a)(i); or
(b) another date that the transition teams under Section 53G-3-302 mutually agree to.
(2) "Canvass date" means the date of the canvass of an election under Subsection 53G-3-301(5) at which voters approve the creation of a new school district under Section 53G-3-302.
(3) "Consolidation" means the merger of two or more school districts into a single administrative unit.
(4) "Creation election date" means the date of the election under Subsection 53G-3-301(9) at which voters approve the creation of a new school district under Section 53G-3-302.
(5) "Divided school district," "existing district," or "existing school district" means a school district from which a new district is created.
(6) "New district" or "new school district" means a school district created under Section 53G-3-301 or 53G-3-302.
(7) "Remaining district" or "remaining school district" means an existing district after the creation of a new district.
(8) "Restructuring" means the transfer of territory from one school district to another school district.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 2 - Miscellaneous Provisions › Section 201 - School districts.

Effective 1/24/2018
53G-3-201.
School districts.
School districts may be created, merged, dissolved, or their boundaries changed only as provided in this chapter.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 2 - Miscellaneous Provisions › Section 202 - School districts independent of municipal and county governments -- School district name -- Control of property.

Effective 5/3/2023
53G-3-202.
School districts independent of municipal and county governments -- School district name -- Control of property.
(1)
(a) Each school district shall be controlled by its local school board and shall be independent of municipal and county governments.
(b) The name of each school district created after May 1, 2000, shall comply with Subsection 17-50-103(2)(a).
(2) The local school board shall have direction and control of all school property in the district and may enter into cooperative agreements with other local school boards to provide educational services that best utilize resources for overall operation of the public school system.
(3)
(a) Each school district shall register and maintain the school district's registration as a limited purpose entity, in accordance with Section 67-1a-15.
(b) A school district that fails to comply with Subsection (3)(a) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Amended by Chapter 252, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 2 - Miscellaneous Provisions › Section 205 - Rights of transferred employees -- Salary during first year -- Leave and tenure benefits.

Effective 1/24/2018
53G-3-205.
Rights of transferred employees -- Salary during first year -- Leave and tenure benefits.
(1) If a school employee is transferred from one district to another because of district consolidation or restructuring, the employee's salary may not be less, during the first year after the transfer, than it would have been had the transfer not taken place.
(2) The district to which an employee is transferred under Subsection (1) shall credit the employee with all accumulated leave and tenure recognized by the district from which the employee was transferred.
(3) If the district to which an employee is transferred does not have a leave benefit which reasonably corresponds to one the employee seeks to transfer, that district shall compensate the employee for the benefit on the same basis as would have been done had the employee retired.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 3 - Creating a New School District › Section 303 - New school district property tax -- Limitations.

Effective 1/24/2018
53G-3-303.
New school district property tax -- Limitations.
(1)
(a) A new school district created under Section 53G-3-302 may not impose a property tax prior to the fiscal year in which the new school district assumes responsibility for providing student instruction.
(b) The remaining school district retains authority to impose property taxes on the existing school district, including the territory of the new school district, until the fiscal year in which the new school district assumes responsibility for providing student instruction.
(2)
(a) If at the time a new school district created pursuant to Section 53G-3-302 assumes responsibility for student instruction any portion of the territory within the new school district was subject to a levy pursuant to Section 53F-8-301, the new school district's board may:
(i) discontinue the levy for the new school district;
(ii) impose a levy on the new school district as provided in Section 53F-8-301; or
(iii) impose the levy on the new school district, subject to Subsection (2)(b).
(b) If the new school district's board applies a levy to the new school district pursuant to Subsection (2)(a)(iii), the levy may not exceed the maximum duration or rate authorized by the voters of the existing district or districts at the time of the vote to create the new school district.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 3 - Creating a New School District › Section 304 - Property tax levies in new district and remaining district -- Distribution of property tax revenue.

Effective 7/1/2023
53G-3-304.
Property tax levies in new district and remaining district -- Distribution of property tax revenue.
(1) Notwithstanding terms defined in Section 53G-3-102, as used in this section:
(a) "Divided school district" or "existing district" means a school district from which a new district is created.
(b) "New district" means a school district created under Section 53G-3-302 after May 10, 2011.
(c) "Property tax levy" means a property tax levy that a school district is authorized to impose, except:
(i) the minimum basic tax rate imposed under Section 53F-2-301;
(ii) a debt service levy imposed under Section 11-14-310; or
(iii) a judgment levy imposed under Section 59-2-1330.
(d) "Qualifying taxable year" means the calendar year in which a new district begins to provide educational services.
(e) "Remaining district" means an existing district after the creation of a new district.
(2) A new district and remaining district shall continue to impose property tax levies that were imposed by the divided school district in the taxable year prior to the qualifying taxable year.
(3) Except as provided in Subsection (6), a property tax levy that a new district and remaining district are required to impose under Subsection (2) shall be set at a rate that:
(a) is uniform in the new district and remaining district; and
(b) generates the same amount of revenue that was generated by the property tax levy within the divided school district in the taxable year prior to the qualifying taxable year.
(4) The county treasurer of the county in which a property tax levy is imposed under Subsection (2) shall distribute revenues generated by the property tax levy to the new district and remaining district in proportion to the percentage of the divided school district's enrollment on the October 1 prior to the new district commencing educational services that were enrolled in schools currently located in the new district or remaining district.
(5) On or before March 31, a county treasurer shall distribute revenues generated by a property tax levy imposed under Subsection (2) in the prior calendar year to a new district and remaining district as provided in Subsection (4).
(6)
(a) Subject to the notice and public hearing requirements of Section 59-2-919, a new district or remaining district may set a property tax rate higher than the rate required by Subsection (3), up to:
(i) the maximum rate, if any, allowed by law; or
(ii) the maximum rate authorized by voters for a voted local levy under Section 53F-8-301.
(b) The revenues generated by the portion of a property tax rate in excess of the rate required by Subsection (3) shall be retained by the district that imposes the higher rate.
Amended by Chapter 7, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 3 - Creating a New School District › Section 305 - Redistricting -- Local school board membership.

Effective 5/4/2022
53G-3-305.
Redistricting -- Local school board membership.
(1) Upon the creation of a new school district, the applicable legislative body shall redistrict the affected school districts in accordance with Section 20A-14-201.
(2) Except as provided in Section 53G-3-302, local school board membership in the affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.
Amended by Chapter 265, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 3 - Creating a New School District › Section 306 - Transfer of school property to new school district.

Effective 5/14/2019
53G-3-306.
Transfer of school property to new school district.
(1)
(a)
(i) On July 1 of the year following the local school board elections for a new district created pursuant to a citizens' initiative petition or local school board request under Section 53G-3-301 and an existing district as provided in Section 53G-3-305, the local school board of the existing district shall convey and deliver to the local school board of the new district all school property which the new district is entitled to receive.
(ii) Any disagreements as to the disposition of school property shall be resolved by the county legislative body.
(iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams about the proper allocation of property under Subsection 53G-3-302(4).
(b) An existing district shall transfer property to a new district created under Section 53G-3-302 in accordance with Section 53G-3-302.
(2) Title vests in the new local school board, including all rights, claims, and causes of action to or for the property, for the use or the income from the property, for conversion, disposition, or withholding of the property, or for any damage or injury to the property.
(3) The new local school board may bring and maintain actions to recover, protect, and preserve the property and rights of the district's schools and to enforce contracts.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 3 - Creating a New School District › Section 308 - Employees of a new district.

Effective 5/14/2019
53G-3-308.
Employees of a new district.
(1) Upon the creation of a new district:
(a) an employee of an existing district who is employed at a school that is transferred to the new district shall become an employee of the new district; and
(b) the local school board of the new district shall:
(i) have discretion in the hiring of all other staff;
(ii) adopt the personnel policies and practices of the existing district, including salary schedules and benefits; and
(iii) enter into agreements with employees of the new district, or their representatives, that have the same terms as those in the negotiated agreements between the existing district and its employees.
(2)
(a) Subject to Subsection (2)(b), an employee of a school district from which a new district is created who becomes an employee of the new district shall retain the same status as a career or provisional employee with accrued seniority and accrued benefits.
(b) Subsection (2)(a) applies to:
(i) employees of an existing district who are transferred to a new district pursuant to Subsection (1)(a); and
(ii) employees of a school district from which a new district is created who are hired by the new district within one year of the date of the creation of the new district.
(3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and is rehired by the existing district within one year of the date of the creation of the new district shall, when rehired by the existing district, retain the same status as a career or provisional employee with accrued seniority and accrued benefits.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 4 - Consolidating School Districts › Section 401 - Consolidation of school districts -- Resolution by local school board members -- Petition by electors -- Election.

Effective 5/3/2023
53G-3-401.
Consolidation of school districts -- Resolution by local school board members -- Petition by electors -- Certification of petition signatures -- Removal of signature -- Election.
(1) Two or more school districts may unite and form a single school district in one of the following ways:
(a) a majority of the members of each of the local school boards of the affected districts shall approve and present to the county legislative body of the affected counties a resolution to consolidate the districts. Once this is done, consolidation shall be established under this chapter; or
(b) a majority of the members of the local school board of each affected district, or 15% of the registered voters in each of the affected districts, shall sign and present a petition to the county legislative body of each affected county. The question shall be voted upon at an election called for that purpose, which shall be the next general or municipal election. Consolidation shall occur if a majority of those voting on the question in each district favor consolidation.
(2) If a registered voter petition is presented to the county legislative body under Subsection (1)(b):
(a) within three business days after the day on which the county legislative body receives the petition, the county legislative body shall provide the petition to the county clerk; and
(b) within 14 days after the day on which a county clerk receives a petition from the county legislative body, the county clerk shall:
(i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1)(b) for a registered voter petition;
(ii) certify on the petition whether each name is that of a registered voter in one of the affected districts; and
(iii) deliver the certified petition to the county legislative body.
(3)
(a) A voter who signs a registered voter petition under Subsection (1)(b) may have the voter's signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed.
(b) A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
(4) The elections required under Subsection (1)(b) shall be conducted and the returns canvassed as provided by election laws.
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 4 - Consolidating School Districts › Section 402 - Transfer of property to new school district -- Rights and obligations of new local school board -- Outstanding indebtedness -- Special tax.

Effective 5/14/2019
53G-3-402.
Transfer of property to new school district -- Rights and obligations of new local school board -- Outstanding indebtedness -- Special tax.
(1) On July 1 following the approval of the creation of a new school district under Section 53G-3-401, the local school boards of the former districts shall convey and deliver all school property to the local school board of the new district. Title vests in the new local school board. All rights, claims, and causes of action to or for the property, for the use or the income from the property, for conversion, disposition, or withholding of the property, or for any damage or injury to the property vest at once in the new local school board.
(2) The new local school board may bring and maintain actions to recover, protect, and preserve the property and rights of the district schools and to enforce contracts.
(3) The new local school board shall assume and be liable for all outstanding debts and obligations of each of the former school districts.
(4) All of the bonded indebtedness, outstanding debts, and obligations of a former district, which cannot be reasonably paid from the assets of the former district, shall be paid by a special tax levied by the new local school board as needed. The tax shall be levied upon the property within the former district which was liable for the indebtedness at the time of consolidation. If bonds are approved in the new district under Section 53G-4-603, the special tax shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness of the new district.
(5) Bonded indebtedness of a former district which has been refunded shall be paid in the same manner as that which the new district assumes under Section 53G-4-602.
(6) State funds received by the new district under Section 53F-3-202 may be applied toward the payment of outstanding bonded indebtedness of a former district in the same proportion as the bonded indebtedness of the territory within the former district bears to the total bonded indebtedness of the districts combined.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 4 - Consolidating School Districts › Section 403 - School district consolidation -- State funding of consolidated districts.

Effective 1/24/2018
53G-3-403.
School district consolidation -- State funding of consolidated districts.
When districts consolidate, payments made by the state under Title 53F, Public Education System -- Funding, shall continue for a period of five years from the date of consolidation on the same basis as if no consolidation had occurred. At the end of the five-year period, the consolidated district shall receive funding as a single district.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 4 - Consolidating School Districts › Section 404 - Additional levies -- Local school board options to abolish or continue after consolidation.

Effective 5/14/2019
53G-3-404.
Additional levies -- Local school board options to abolish or continue after consolidation.
(1) If a school district that has approved an additional levy under Section 53F-8-301 is consolidated with a district which does not have such a levy, the local school board of the consolidated district may choose to abolish the levy, or apply it in whole or in part to the entire consolidated district.
(2) If the local school board chooses to apply any part of the levy to the entire district, the levy may continue in force for no more than three years, unless approved by the electors of the consolidated district in the manner set forth in Section 53F-8-301.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 3 - School District Creation and Change › Part 5 - Restructuring a School District › Section 503 - Additional levies in transferred territory -- Transferee local school board option to abolish or continue.

Effective 5/14/2019
53G-3-503.
Additional levies in transferred territory -- Transferee local school board option to abolish or continue.
If two or more districts undergo restructuring that results in a district receiving territory that increases the population of the district by at least 25%, and if the transferred territory was, at the time of transfer, subject to an additional levy under Section 53F-8-301, the local school board of the transferee district may abolish the levy or apply the levy in whole or in part to the entire restructured district. Any such levy made applicable to the entire district may continue in force for no more than five years, unless approved by the electors of the restructured district in the manner set forth in Section 53F-8-301.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 2 - Local School Board Organization and Meetings › Section 201 - Selection and election of members to local school boards.

Effective 5/14/2019
53G-4-201.
Selection and election of members to local school boards.
Members of local school boards shall be elected as provided in Title 20A, Chapter 14, Nomination and Election of State and Local School Boards.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 2 - Local School Board Organization and Meetings › Section 203 - Election of officers -- Terms -- Time of election -- Removal of officers -- Quorum requirements.

Effective 5/14/2019
53G-4-203.
Election of officers -- Terms -- Time of election -- Removal of officers -- Quorum requirements.
(1) A local school board shall elect a president and a vice president whose terms of office are for two years and until their successors are elected.
(2) The elections shall be held during the first local school board meeting in January following a regular local school board election held in the district.
(3) An officer appointed or elected by a local school board may be removed from office for cause by a vote of two-thirds of the local school board.
(4) When a vacancy occurs in the office of president or vice president of the local school board for any reason, a replacement shall be elected for the unexpired term.
(5) Attendance of a simple majority of the local school board members constitutes a quorum for the transaction of official business.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 2 - Local School Board Organization and Meetings › Section 204 - Compensation for services -- Additional per diem -- Notice of meeting -- Approval of expenses.

Effective 5/3/2023
53G-4-204.
Compensation for services -- Additional per diem -- Notice of meeting -- Approval of expenses.
(1) Each member of a local school board, except the student member, shall receive compensation for services and for necessary expenses in accordance with compensation schedules adopted by the local school board in accordance with the provisions of this section.
(2) Beginning on July 1, 2007, if a local school board decides to adopt or amend its compensation schedules, the local school board shall set a time and place for a public hearing at which all interested persons shall be given an opportunity to be heard.
(3) Notice of the time, place, and purpose of the meeting shall be provided for at least seven days before the day of the meeting by publishing the notice, as a class A notice under Section 63G-30-102, for the school district.
(4) After the conclusion of the public hearing, the local school board may adopt or amend its compensation schedules.
(5) Each member shall submit an itemized account of necessary travel expenses for local school board approval.
(6) A local school board may, without following the procedures described in Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to July 1, 2007, until, at the discretion of the local school board, the compensation schedule is amended or a new compensation schedule is adopted.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 2 - Local School Board Organization and Meetings › Section 205 - Duties of president.

Effective 5/14/2019
53G-4-205.
Duties of president.
(1) The president of each local school board shall preside at all meetings of the local school board, appoint all committees, and sign all warrants ordered by the local school board to be drawn upon the business administrator for school money.
(2) If the president is absent or acquires a disability, these duties are performed by the vice president.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 2 - Local School Board Organization and Meetings › Section 206 - Ethics complaint -- Political Subdivisions Ethics Review Commission.

Effective 5/3/2023
53G-4-206.
Ethics complaint -- Political Subdivisions Ethics Review Commission.
A person may file a complaint for an alleged violation of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, by a member of a local school board in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission.
Enacted by Chapter 378, 2023 General Session