53G-3-501.  Transfer of a portion of a school district — State board resolution — Local school board petition — Elector petition — Certification of petition signatures — Removal of signature — Transfer election.

(1)  Part of a school district may be transferred to another district in one of the following ways:

Terms Used In Utah Code 53G-3-501

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  presentation to the county legislative body of each of the affected counties of a resolution requesting the transfer, approved by at least four-fifths of the members of the local school board of each affected school district;

(b)  presentation to the county legislative body of each affected county of a petition requesting that the voters vote on the transfer, signed by a majority of the members of the local school board of each affected school district; or

(c)  presentation to the county legislative body of each affected county of a petition requesting that the voters vote on the transfer, signed by 15% of the registered voters in each of the affected school districts within that county.

(2) 

(a)  If an annexation of property by a city would result in its residents being served by more than one school district, then the presidents of the affected local school boards shall meet within 60 days prior to the effective date of the annexation to determine whether it would be advisable to adjust school district boundaries to permit all residents of the expanded city to be served by a single school district.

(b)  Upon conclusion of the meeting, the local school board presidents shall prepare a recommendation for presentation to their respective local school boards as soon as reasonably possible.

(c)  The local school boards may then initiate realignment proceedings under Subsection (1)(a) or (b).

(d)  If a local school board rejects realignment under Subsection (1)(a) or (b), the other local school board may initiate the following procedures by majority vote within 60 days of the vote rejecting realignment:

(i) 

(A)  within 30 days after a vote to initiate these procedures, each local school board shall appoint one member to a boundary review committee; or

(B)  if the local school board becomes deadlocked in selecting the appointee under Subsection (2)(d)(i)(A), the local school board’s chair shall make the appointment or serve as the appointee to the review committee.

(ii)  The two local school board-appointed members of the committee shall meet and appoint a third member of the committee.

(iii)  If the two local school board-appointed members are unable to agree on the appointment of a third member within 30 days after both are appointed, the state superintendent shall appoint the third member.

(iv)  The committee shall meet as necessary to prepare recommendations concerning resolution of the realignment issue, and shall submit the recommendations to the affected local school boards within six months after the appointment of the third member of the committee.

(v)  If a majority of the members of each local school board accepts the recommendation of the committee, or accepts the recommendation after amendment by the local school boards, then the accepted recommendation shall be implemented.

(vi)  If the committee fails to submit its recommendation within the time allotted, or if one local school board rejects the recommendation, the affected local school boards may agree to extend the time for the committee to prepare an acceptable recommendation or either local school board may request the state board to resolve the question.

(vii)  If the committee has submitted a recommendation which the state board finds to be reasonably supported by the evidence, the state board shall adopt the committee’s recommendation.

(viii)  The decision of the state board is final.

(3)  If a registered voter petition is presented to the county legislative body under Subsection (1)(c):

(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)(c) 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.

(4) 

(a)  A voter who signs a registered voter petition under Subsection (1)(c) 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 (4)(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.

(5) 

(a)  The voters of each affected district shall vote on the transfer requested under Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general election.

(b)  The election shall be conducted and the returns canvassed as provided by election law.

(c)  A transfer is effected only if a majority of votes cast by the voters in both the proposed transferor district and in the proposed transferee district are in favor of the transfer.

Amended by Chapter 116, 2023 General Session

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