File No. 34927
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
School Community Councils
Notice of Proposed Rule
DAR File No.: 34927
Filed: 06/15/2011 03:59:32 PM
Purpose of the rule or reason for the change:
This rule is amended to provide for changes to school community council statutory language in H.B. 152, 2011 General Session. (DAR NOTE: H.B. 152 (2011) was effective 05/10/2011.)
Summary of the rule or change:
The amendments include revised definitions, revised language regarding school community council member election provisions, revised responsibilities of school community council school/school administrators, revised parent rights and responsibilities, and revised additional school community council information and provisions. All the changes make the rule consistent with statutory changes from the 2011 General Session.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments to the rule reflect statutory changes that do not result in any cost or savings.
There are no anticipated costs or savings to local government. Any additional responsibilities for those involved in school community councils will be accomplished by existing staff and within existing budgets.
There are no anticipated costs or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Any additional responsibilities for those involved in school community councils will be accomplished by existing staff and within existing budgets.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Any additional responsibilities for those involved in school community councils will be done by existing staff and within existing budgets.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-491. School Community Councils.
A. "Board" means the Utah State Board of Education.
B. "Candidate" means a parent or school employee who has filed for election to the school community council.
C. "Contested race" means the election of members to a school community council when there are more candidates than open positions.
D. "Days" means calendar days unless otherwise specifically designated.
E. "Develop school improvement plan and school trust program and other programs" means to participate actively in the creation of plans, including analysis of school assessment data, development of School LAND Trust budgets, and review of School LAND Trust expenditures under Section 53A-16-101.5(5)(a)(iv) and 53A-16-101.5(6)(b)(ii). This may include establishing subcommittees where needed or assigning work to individuals.
F. "Parent" means the parent or legal guardian of a student attending the non-charter public school or of a student who will be enrolled at the school in the next school year.
means a parent or guardian of a student who is attending
the school or of a student who will be enrolled at the school in
the next school year if the election is held in the spring. A
parent member of a school community council may not include a
person who meets the definition of a school employee member unless
the person's employment at the school does not exceed an
average of six hours per week, consistent with Section
H. "School administrator" means a school principal, school assistant principal or designee as specifically assigned by the school administrator.
I. "School community" means the geographic area designated by the school district as the attendance area with reasonable inclusion of the parents or legal guardians of additional students who are attending the school.
J. "School employee member"
means a [
person employed at the school for more than an average of
six hours per week by the school or school district; the principal
is one school employee member].
K. "Secure ballot box" means a closed container prepared by the school for the deposit of secret ballots for the school community council elections.
L. "Student" means a child in public school grades kindergarten through twelve counted on the audited October 1 Fall Enrollment Report.
M. "Students attending the school" for purposes of this rule means students currently attending the school and those officially enrolled to attend the school in the next school year.
N. "USDB" means the Utah Schools for the Deaf and the Blind.
O. "USOE" means the Utah State Office of Education.
R277-491-3. School Community Council Member Election Provisions.
A]. Parents may stand for election as parent members of a
school community council at a school [ if their child(ren) are attending the school or will be
enrolled at the school in the next school year if the community
council election is held in the spring].
B]. Parents may vote for the school community council parent
members if their child(ren) are enrolled or will be attending the
school in the next school year
, consistent with the
intent to encourage the greatest participation possible of all
C]. School community councils may establish procedures that
allow for ballots to be clearly marked and mailed to the school in
the case of geography or school distances that would otherwise
discourage parent participation. Hand-delivered or mailed ballots
shall meet the same timelines for voters voting in person.
D]. Entire school districts or schools may allow parents to
vote by electronic ballot. If school districts/schools allow voting
by electronic means, the opportunity shall be clearly explained on
the school district/school website including:
(1) directions for electronic voting;
(2) security provisions for electronic voting;
(3) statement to parents and community members that violations of a school district's/school's voting procedures may disqualify a parent's vote or invalidate a specific school election, or both.
E]. Ballots and voting are required only in the event of a
school community council contested race.
F]. School community councils are encouraged to establish
clear and written:
(1) procedures that are consistent with state law, Board rules, and local board policies;
(2) procedures for the [
s]election of school community council chairs
[ and] vice chairs;
(3) timelines and procedures for school community council elections that may include receiving information from applicants in a timely manner; and
(4) additional clarification and procedures to assist in the efficient operation of school community councils consistent with the law.
R277-491-4. School Community Council School/School Administrator Responsibilities.
A. A school administrator may not serve as chair or co-chair of the school community council.
B]. The school community council chair shall provide the
following information to the school community, with assistance from
the school administration:
(1) Notice of dates and times of school
community council elections at least [
14] days before the elections are held;
(2) Timely notice of school community council positions that are up for election;
(3) Instructions for applying to become a school community council member together with timelines for submitting information and applications;
4]) Notice of the school community council meeting schedule,
provided in the first 14 days of the school year;
5]) A summary of the school community council's actions
and activities for the first half of the school year, provided
mid-way through the school year;
6]) A summary of the annual expenditure report of all School
LAND Trust Program funds provided to the school community and to
the local board of education[
or State Charter School Board] in the fall of the
school year following the school year that the school plans were
(7) Posting the school community council meeting
information (time, place and date of meeting; meeting agenda and
previous meeting minutes) on the school's website at least one
week prior to each meeting, and on the access door(s) of the school
on the day of the meeting.]
B. The school community council chair, assisted by the
school administrator, shall provide information on the school
website and in at least one other direct delivery method ensuring
that all parents are notified as provided in Section 53A-
1a-108(7)(a). C]. The school community council chair, assisted by the
school administrator, shall act in compliance with the Utah Open
and Public Meetings Act, Section 52-4-101 et seq., including:
(1) posting upcoming agendas and meeting locations;
(2) posting minutes of the most recent meeting;
(3) posting the agenda and location of the upcoming meeting on the school's website at least one week prior to the meeting;
(4) posting the agenda and location of the upcoming meeting on the school's access door on the day of the meeting;
(5) providing timely written minutes of the meeting; and
(6) recording the meeting, and other required or appropriate activities.
D]. School community council responsibilities do not allow
for closed meetings, consistent with the purposes of Section
E]. School community councils shall become familiar with and
consider the following:
(1) Satisfying the meeting recording process with sensitivity for parents and community members whose primary language is not English; and
(2) The limitations of open and public meetings in secure or locked school settings and facilities.
R277-491-5. Parent Rights and Responsibilities.
A. Parents of students attending a school
to the extent possible,] parents whose children
will attend the school in the next school year (for spring
community council elections) shall receive notice of open school
community council positions and of elections consistent with
B. Parents of students attending a school shall have access to schedules, agendas, minutes and decisions consistent with Sections 53A-1a-108(7) and (8).
C. School community council parent members shall participate fully in the development of various school plans described in Section 53A-1a-108(3) including, at a minimum:
(1) School Improvement Plan;
(2) School LAND Trust Plan;
(3) Reading Achievement Plan (for elementary schools);
(4) Professional Development Plan;
(5) Child Access Routing Plan[
; and (6) Review of School Health Plans required under Section
D. Parents shall receive timely notice of school community council timelines and procedures that affect parent member elections, school community council meeting information and other parent rights or opportunities, consistent with state law, Board rules, and local board policy.
R277-491-6. Additional School Community Council Information and Provisions.
A. School community councils shall set the beginning terms for school community council members consistent with Section 53A-1a-108(5)(g).
B]. School community councils shall report on plans,
programs, and expenditures, including detailed descriptions of
expenditures for professional development, at least annually to
local boards of education and cooperate with the legislative and
USOE monitoring, and audits.
C]. School community councils may establish procedures and
requirements for parent notification and election timelines that
are not inconsistent with Sections 53A-1a-108, 53A-16-101.5,
52-4-101 et. seq., this rule, or local board policy.
D]. Public schools that are secure facilities, juvenile
detention facilities, hospital program schools, and other small
special programs may receive all funds available to schools with
school community councils if the schools demonstrate and document a
good faith effort to recruit members, have meetings and publicize
results as recognized and affirmed by local boards of
E]. School community councils [ may designate districts, areas or grade levels in order to
recruit school community council members from all areas of the
school community. If parents from designated areas do not apply for
the school community council positions, positions shall be filled
with interested parents who do apply].
F]. Local boards of education may ask school community
councils to address local issues at the school community council
level for discussion before bringing the issues to local boards of
education. School community councils may be asked for information
to inform local board decisions.
G]. Local boards of education, and the State Charter School
Board for state-sponsored charter schools, shall report approval
dates of required plans to the USOE. School community councils are
encouraged to advise and inform elected local board members.
H]. Local boards of education make decisions in governing
school districts with superintendents and principals acting under
the direction and in behalf of local board of education in all
areas of governance, including implementing approved School
Improvement and School LAND Trust Program plans.
KEY: school community councils
Date of Enactment or Last Substantive Amendment: [
August 7, 2009]
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org.