53G-7-1206. School LAND Trust Program.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-7-1206- Land: includes :Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- 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) |
“Charter school authorizer” means the same as that term is defined in Section 53G-5-102. |
| (b) |
“Charter trust land council” means a council established by a charter school governing board under Section 53G-7-1205. |
| (c) |
“Council” means a school community council or a charter trust land council. |
| (d) |
“LAND trust plan” means a school’s plan to use School LAND Trust Program money to implement a component of the school’s success plan. |
| (e) |
“School community council” means a council established at a district school in accordance with Section 53G-7-1202. |
| (f) |
“Teacher and student success plan” or “success plan” means the same as that term is defined in Section 53G-7-1301. |
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| (2) |
There is established the School LAND (Learning And Nurturing Development) Trust Program under the state board to:
| (a) |
provide financial resources to public schools to enhance or improve student academic achievement and implement a component of a district school or charter school’s teacher and student success plan; and |
| (b) |
involve parents of a school’s students in decision making regarding the expenditure of School LAND Trust Program money allocated to the school. |
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| (3) |
To receive an allocation under Section 53F-2-404:
| (a) |
a district school shall have established a school community council in accordance with Section 53G-7-1202; |
| (b) |
a charter school shall have established a charter trust land council in accordance with Section 53G-7-1205; and |
| (c) |
the school’s principal shall provide a signed, written assurance that the school is in compliance with Subsection (3)(a) or (b). |
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| (4) |
| (a) |
A council shall create a program to use the school’s allocation distributed under Section 53F-2-404 to implement a component of the school’s success plan, including:
| (i) |
the school’s identified most critical academic needs; |
| (ii) |
a recommended course of action to meet the identified academic needs; |
| (iii) |
a specific listing of any programs, practices, materials, or equipment that the school will need to implement a component of the school’s success plan to have a direct impact on the instruction of students and result in measurable increased student performance; and |
| (iv) |
how the school intends to spend the school’s allocation of funds under this section to enhance or improve academic excellence at the school. |
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| (b) |
| (i) |
A council shall create and vote to adopt a LAND trust plan in a meeting of the council at which a quorum is present. |
| (ii) |
If a majority of the quorum votes to adopt a LAND trust plan, the LAND trust plan is adopted. |
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| (c) |
A council shall:
| (i) |
post a LAND trust plan that is adopted in accordance with Subsection (4)(b) on the School LAND Trust Program website; and |
| (ii) |
include with the LAND trust plan a report noting the number of council members who voted for or against the approval of the LAND trust plan and the number of council members who were absent for the vote. |
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| (d) |
| (i) |
The local school board of a district school shall approve or disapprove a LAND trust plan. |
| (ii) |
If a local school board disapproves a LAND trust plan:
| (A) |
the local school board shall provide a written explanation of why the LAND trust plan was disapproved and request the school community council who submitted the LAND trust plan to revise the LAND trust plan; and |
| (B) |
the school community council shall submit a revised LAND trust plan in response to a local school board’s request under Subsection (4)(d)(ii)(A). |
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| (iii) |
Once a LAND trust plan has been approved by a local school board, a school community council may amend the LAND trust plan, subject to a majority vote of the school community council and local school board approval. |
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| (e) |
A charter trust land council’s LAND trust plan is subject to approval by the:
| (i) |
charter school governing board; and |
| (ii) |
charter school’s charter school authorizer. |
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| (5) |
| (a) |
A district school or charter school shall:
| (i) |
implement the program as approved; |
| (ii) |
provide ongoing support for the council’s program; and |
| (iii) |
meet state board reporting requirements regarding financial and performance accountability of the program. |
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| (b) |
| (i) |
A district school or charter school shall prepare and post an annual report of the program on the School LAND Trust Program website before the council submits a plan for the following year. |
| (ii) |
The report shall detail the use of program funds received by the school under this section and an assessment of the results obtained from the use of the funds. |
| (iii) |
A summary of the report shall be provided to parents of students attending the school. |
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| (6) |
An LEA shall record the LEA’s expenditures of School LAND Trust Program funds through a financial reporting system that the board identifies to assist schools in developing the annual report described in Subsection (5)(b). |
| (7) |
The president or chair of a local school board or charter school governing board shall ensure that the members of the local school board or charter school governing board are provided with annual training on the requirements of this section. |
| (8) |
| (a) |
The state board shall provide training to the entities described in Subsection (8)(b) on:
| (i) |
the School LAND Trust Program; and |
| (ii) |
| (A) |
a school community council; or |
| (B) |
a charter trust land council. |
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| (b) |
The state board shall provide the training to:
| (i) |
a local school board or a charter school governing board; |
| (ii) |
a school district or a charter school; and |
| (iii) |
a school community council. |
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| (9) |
The state board shall annually review each school’s compliance with applicable law, including rules adopted by the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by:
| (a) |
reading each LAND trust plan submitted; and |
| (b) |
reviewing expenditures made from School LAND Trust Program money. |
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| (10) |
The state board shall designate a staff member who administers the School LAND Trust Program:
| (a) |
to serve as a member of the Land Trusts Protection and Advocacy Committee created under Section 53D-2-202; and |
| (b) |
who may coordinate with the Land Trusts Protection and Advocacy Office director, appointed under Section 53D-2-203, to attend meetings or events within the School and Institutional Trust System, as defined in Section 53D-2-102, that relate to the School LAND Trust Program. |
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Amended by Chapter 144, 2021 General Session
