(1) A municipality located within the boundaries of a school district may file a request to create a new school district in accordance with this section and Section 53G-3-301.
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Terms Used In Utah Code 53G-3-301.3

  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Feasibility study: means a study:
              (4)(a)(i) conducted by:
                   (4)(a)(i)(A) a school district, municipal legislative body, or interlocal agreement participants before July 1, 2024; or
                   (4)(a)(i)(B) the Office of the Legislative Auditor General, subject to prioritization by the Legislative Audit Subcommittee; and
              (4)(a)(ii) to determine:
                   (4)(a)(ii)(A) the financial viability for a new school district and reorganized new school district that is contained within the boundaries of a divided school district;
                   (4)(a)(ii)(B) the financial impact on a new school district and reorganized new school district that is contained within the boundaries of a divided school district; and
                   (4)(a)(ii)(C) the impact of the tax burden on taxpayers within the boundaries of the proposed new school district. See Utah Code 53G-3-102
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53G-3-102
  • New school district: means a school district created under Section Utah Code 53G-3-102
  • Reorganized new school district: means the remaining portion of the divided school district after the creation of a new school district under Subsection Utah Code 53G-3-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2)

     (2)(a) The municipality shall file the request to create a new school district with the clerk of each county in which any part of the proposed new school district is located.
     (2)(b) The filing municipality shall ensure that the request described in Subsection (2)(a):

          (2)(b)(i) indicates the typed or printed and current residence address of each governing board member making the request;
          (2)(b)(ii) describes the proposed new school district boundaries; and
          (2)(b)(iii) designates up to five signers of the request as sponsors, including one as the contact sponsor, with the mailing address and telephone number of each.
(3) Within five business days after the day on which a request described in Subsection (2) is filed, the clerk of each county with which the request is filed shall:

     (3)(a) determine whether the request complies with Subsection (2) and Section 53G-3-301; and
     (3)(b)

          (3)(b)(i) if the county clerk determines that the request complies with the applicable requirements:

               (3)(b)(i)(A) certify the request and deliver the certified request to the municipality and each county legislative body; and
               (3)(b)(i)(B) mail or deliver written notification of the certification to the contact sponsor; or
          (3)(b)(ii) if the county clerk determines that the request fails to comply with any of the applicable requirements, reject the request and notify the contact sponsor in writing of the rejection and reasons for the rejection.
(4)

     (4)(a) If the county clerk fails to certify or reject the request within the time specified in Subsection (3), the request is considered to be certified.
     (4)(b) If the county clerk rejects the request, the municipality that submitted the request may amend the request to correct the deficiencies for which the county clerk rejected the request and refile the request.
(5)

     (5)(a) Within 10 days after the day on which a municipal legislative body receives a certification as described in Subsection (3) or (4), a municipal legislative body shall request that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that term is defined in Section 53G-3-102.
     (5)(b) For the year 2024, the municipal legislative body may use a feasibility study that the municipal legislative body conducted before July 1, 2024, if:

          (5)(b)(i) the feasibility study contains the determinations described in Section 53G-3-102; and
          (5)(b)(ii) the municipality receives a report and recommendation regarding the feasibility study in a public meeting.
(6)

     (6)(a) The municipal legislative body shall:

          (6)(a)(i) provide for a 30-day public comment period to begin :

               (6)(a)(i)(A) on the day the study is presented to the municipal legislative body under Subsection (5); or
               (6)(a)(i)(B) if the municipal legislative body uses a feasibility study described in Subsection (5)(b), on July 1, 2024; and
          (6)(a)(ii) hold at least two public hearings, as defined in Section 10-9a-103, on the study and recommendation.
     (6)(b) Within 14 days after the day on which the public comment period ends, the municipal legislative body shall vote on the creation of the proposed new school district.
     (6)(c) A municipal legislative body approves a proposal if a majority of the municipal legislative body vote in favor of the proposal.
     (6)(d) Within five business days after the day on which the municipal legislative body approves a request proposing the creation of a new school district, the municipal legislative body shall notify the legislative body and the county clerk of each county described in Subsection (2)(a).
(7) The county clerks of the counties described in Subsection (2)(a) shall submit the proposal for the creation of a new school district to all legal voters residing within the proposed new school district boundaries for approval or rejection at the next regular general election that is a least 65 days after the day on which the municipal legislative body complies with Subsection (6)(d).
(8) The new school district described in the request and the reorganized new school district are created if a majority of the voters in the proposed new school district boundaries vote in favor of creating the new school district.
(9) Nothing in this section prevents a municipality from assisting the new school district or reorganized new school district, including by:

     (9)(a) entering into a loan agreement with the new school district or reorganized new school district; or
     (9)(b) assisting the new school district or reorganized new school district in securing a line of credit.
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