53G-7-1203. School community councils — Open and public meeting requirements.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-7-1203
| (a) |
| (i) |
“Charter trust land council” means a council established by a charter school governing board under Section 53G-7-1205. |
| (ii) |
“Charter trust land council” does not include a charter school governing board acting as a charter trust land council. |
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| (b) |
“Council” means a school community council or a charter trust land council. |
| (c) |
“School community council” means a council established at a school within a school district under Section 53G-7-1202. |
| (d) |
“Teacher and student success plan” means the same as that term is defined in Section 53G-7-1301. |
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| (2) |
A school community council or a charter trust land council:
| (a) |
shall conduct deliberations and take action openly as provided in this section; and |
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| (3) |
| (a) |
As required by Section 53G-7-1202, a local school board shall provide training for the members of a school community council on this section. |
| (b) |
A charter school governing board shall provide training for the members of a charter trust land council on this section. |
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| (4) |
| (a) |
A meeting of a council is open to the public. |
| (b) |
A council may not close any portion of a meeting. |
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| (5) |
A council shall, at least one week prior to a meeting, post the following information on the school’s website:
| (a) |
a notice of the meeting, time, and place; |
| (b) |
an agenda for the meeting; and |
| (c) |
the minutes of the previous meeting. |
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| (6) |
| (a) |
The notice requirement of Subsection (5) may be disregarded if:
| (i) |
because of unforeseen circumstances it is necessary for a council to hold an emergency meeting to consider matters of an emergency or urgent nature; and |
| (ii) |
the council gives the best notice practicable of:
| (A) |
the time and place of the emergency meeting; and |
| (B) |
the topics to be considered at the emergency meeting. |
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| (b) |
An emergency meeting of a council may not be held unless:
| (i) |
an attempt has been made to notify all the members of the council; and |
| (ii) |
a majority of the members of the council approve the meeting. |
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| (7) |
| (a) |
An agenda required under Subsection (5)(b) shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. |
| (b) |
Each topic described in Subsection (7)(a) shall be listed under an agenda item on the meeting agenda. |
| (c) |
A council may not take final action on a topic in a meeting unless the topic is:
| (i) |
listed under an agenda item as required by Subsection (7)(b); and |
| (ii) |
included with the advance public notice required by Subsection (5). |
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| (8) |
| (a) |
Written minutes shall be kept of a council meeting. |
| (b) |
Written minutes of a council meeting shall include:
| (i) |
the date, time, and place of the meeting; |
| (ii) |
the names of members present and absent; |
| (iii) |
a brief statement of the matters proposed, discussed, or decided; |
| (iv) |
a record, by individual member, of each vote taken; |
| (v) |
the name of each person who:
| (A) |
is not a member of the council; and |
| (B) |
after being recognized by the chair, provided testimony or comments to the council; |
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| (vi) |
the substance, in brief, of the testimony or comments provided by the public under Subsection (8)(b)(v); and |
| (vii) |
any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes. |
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| (c) |
The written minutes of a council meeting:
| (ii) |
shall be retained for three years. |
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| (9) |
| (a) |
As used in this Subsection (9), “rules of order and procedure” means a set of policies that govern and prescribe in a public meeting:
| (i) |
parliamentary order and procedure; |
| (ii) |
ethical behavior; and |
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| (b) |
A council shall:
| (i) |
adopt rules of order and procedure to govern a public meeting of the council; |
| (ii) |
conduct a public meeting in accordance with the rules of order and procedure described in Subsection (9)(b)(i); and |
| (iii) |
make the rules of order and procedure described in Subsection (9)(b)(i) available to the public:
| (A) |
at each public meeting of the council; and |
| (B) |
on the school’s website. |
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Amended by Chapter 144, 2021 General Session
