DAR File No. 37636

Education, Administration

Rule R277-491

School Community Councils

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 37636
Filed: 05/15/2013 06:25:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed and reenacted because changes are extensive.

Summary of the rule or change:

The reenacted rule amends the purpose statement to align with the Utah Code; redundant election provisions are eliminated; election provisions are clarified to align with new code; separate section on local board and district requirements; training details are specified; separate section on principal requirements; separate section on chair requirements; new language on chair setting agendas and conducting business; separate section on school community council business; and separate section on developing plans.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The repealed/reenacted rule provides changes consistent with Utah law, provides clarification, and streamlines the rule which does not result in compliance costs.

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.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
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 carol.lear@schools.utah.gov

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:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

[ R277-491. School Community Councils.

R277-491-1. Definitions.

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. "Educator" means a person who holds a current license and is employed by the school district where the person's child attends school.

F. "Parent" means the parent or guardian of a student attending a school district public school.

G. "Parent or guardian member":

(1) means a member of a school community council who is a parent or guardian of a student who is attending the school; will be enrolled at the school at any time during the parent's or guardian's initial term of office; or was enrolled at the school during the parent or guardian member's initial term of office;

(2) may not include an educator who is employed at the school.

H. "School administrator" means a school principal, school assistant principal or designee as specifically assigned by the school district.

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 community council" means the council organized at each school district public school as established in Section 53A-1a-108 and R277-491. The council includes the principal or designee, school employee members and parent members. There shall be at least a two parent member majority.

K. "School employee member" means a member of a school community council who is a person employed at a school by the school or school district, including the principal.

L. "Secure ballot box" means a closed container prepared by the school for the deposit of secret ballots for the school community council elections.

M. "Student" means a child in public school grades kindergarten through twelve counted on the audited October 1 Fall Enrollment Report.

N. "USDB" means the Utah Schools for the Deaf and the Blind.

O. "USOE" means the Utah State Office of Education.

 

R277-491-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board and by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. Local boards of education for school districts and the State Charter School Board for state-sponsored charter schools are responsible for school community council operations, plans, oversight, and training.

C. The purpose of this rule is to:

(1) provide procedures and clarifying information to school community councils to assist them in fulfilling school community council responsibilities consistent with Section 53A-1a-108(3);

(2) provide direction to school districts and schools in establishing and maintaining school community councils whose primary focus is to develop, approve, and assist in implementing school improvement plans, and advise school/school district administrators consistent with Sections 53A-1a-108(3) and 53A-16-101.5;

(3) provide a framework and support for improved academic achievement of students that is locally driven from within individual schools, through critical review of testing results and other indicators of student success, by establishing meaningful, measurable goals and implementing research-based programs and processes to reach the goals;

(4) encourage increased participation of the parents, school employees and others that support the purposes of the school community councils; and

(5) encourage compliance with the law.

 

R277-491-3. School Community Council Member Election Provisions.

A. Notice of the school community council elections shall be provided at least 10 days prior to the elections. The notice shall include the dates and times of the election, the positions that are up for election and instructions about becoming a candidate.

B. Parents may stand for election as parent members of a school community council at a school consistent with the definition of parent member in R277-491-1G.

C. Parents may vote for the school community council parent members if their child(ren) are enrolled at the school.

D. 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.

E. 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;

(4) how a parent may vote by paper ballot, if preferred.

F. Ballots and voting are required only in the event of a school community council contested race. Ballots and the results of each election shall be maintained for three years.

G. 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 election of school community council chairs, co-chairs or 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.

H. Elections shall begin no later than 30 days after the first day of school. Voting for parent/guardian members shall extend for at least three consecutive school days and be completed no later than 35 days after the first day of school.

I. Following the election, if there are more parent members who are educators in the district than parents who are not educators in the district elected to the council, the parents on the council shall appoint additional parent members until the number of parent members who are not educators exceeds the number of parent educators in the district.

J. Following the election, the principal shall enter and sign a Principal's Assurance Form that assures the school community council at the school was elected, and that vacancies were filled, as necessary, and that the school community council is properly constituted consistent with Section 53A-1a-108 and R277-477 and R277-491. The form shall be completed and uploaded to the School LAND Trust website.

K. School community council members who were duly elected prior to May 8, 2012 shall be allowed to complete the term for which they were elected. All school community council members shall satisfy requirements of Section 53A-1a-108 in subsequent terms.

 

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. A school or school district administrator shall not prohibit or discourage a school community council from discussing any issue or concern not prohibited by law raised by any school community council member.

C. The school principal shall provide the following information to the school community:

(1) Notice of dates, times and location of school community council elections at least 10 days before the elections are held, including:

(a) timely notice of school community council positions that are up for election;

(b) instructions for applying to become a school community council member together with timelines for submitting information and applications.

(2) The school community council chair or designee shall post the school community council meeting information (time, place and date of meeting; meeting agenda and previous meeting draft minutes) on the school's website at least one week prior to each meeting.

D. The school community council chair, assisted by the school administrator, shall provide the following 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:

(1) Within the first six weeks of the school year, a list of the members of the school community council and each member's direct email or phone number, or both, and the school community council meeting schedule;

(2) By November 15 of each year, a summary of the annual report about how the School LAND Trust Program funds were used to enhance or improve academic excellence at the school, consistent with Section 53A-1a-108.1(5)(b).

E. The school community council chair, assisted by the school administrator, shall act in compliance with Section 53A-1a-108 including:

(1) ensuring that council members receive annual training about the requirements of Sections 53A-1a-108, 53A-1a-108.1 and 53A-16-101.5;

(2) posting draft minutes of the most recent meeting on the school website at least one week prior to the next 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) assuring that written minutes are kept consistent with Section 53A-1a-108.1(8);

(5) assuring that written minutes are maintained, as approved, for three years as the official record of action taken at each meeting; and

(6) adopting a set of rules of order and procedures that the council shall follow to conduct a meeting. The rules shall be followed in conducting meetings, be posted on the school website and available at each meeting, and other required or appropriate activities.

F. School community council responsibilities do not allow for closed meetings, consistent with Section 53A-1a-108.1.

 

R277-491-5. Parent Rights and Responsibilities.

A. Parents of students attending a school shall receive notice of open school community council positions and of elections consistent with Section 53A-1a-108.

B. Parents of students attending a school shall have access to schedules, agendas, minutes and decisions consistent with Sections 53A-1a-108(4) and (5).

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; and

(5) Child Access Routing Plan.

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.

E. School websites shall fully communicate the opportunities provided to parents about serving on the school community council and how parents can directly influence the expenditure of the School LAND Trust funds. The website should include the dollar amount received each year through the program.

 

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. Training for members of school community councils shall be provided under the direction of local boards of education, including providing applicable sections of the statutes and Board rules to council members.

C. 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.

D. 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.

E. 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 education.

F. School community councils shall encourage greater participation on the school community council and may recruit potential applicants to apply for open positions on the council.

G. 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.

H. Local boards of education shall provide copies of statutory information (Section 53A-1a-108, School community councils authorized -- Duties -- Composition -- Election procedures and selection of members; Section 53A-1a-108.1, School Community Councils - Open and public meeting requirements; Section 53A-1a-108.5, School improvement plan; Section 53A-16-101.5, School LAND Trust Program -- Purpose -- Distribution of funds -- School plans for use of funds) to school community council members.

I. 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.

J. 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: July 9, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3) ]

R277-491. School Community Councils.

R277-491-1. Definitions.

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. "Educator" means a person who holds a current educator license and is employed by the school district where the person's child attends school.

F. "Parent" means the parent or legal guardian of a student attending a school district public school.

G. "Parent or legal guardian member":

(1) means a member of a school community council who is a parent of a student who will be enrolled at the school at any time during the parent's or legal guardian's term of office; and

(2) may not include an educator who is employed at the school.

H. "School principal" means the principal of the school or designee as assigned by the principal.

I. "School community" means the geographic area designated by the school district as the attendance area with reasonable inclusion of the parents and legal guardians of additional students who are attending the school.

J. "School community council" means the council organized at each school district public school as established in Section 53A-1a-108 and R277-491. The council includes the principal, school employee members and parent members. There shall be at least a two parent member majority on each council.

K. "School employee member" means a member of a school community council who is a person employed at a school by the school or school district, including the principal.

L. "Secure ballot box" means a closed container prepared by the school for the deposit of secret ballots for the school community council elections.

M. "Student" means a child in public school grades kindergarten through twelve counted on the audited October 1 Fall Enrollment Report.

N. "USDB" means the Utah Schools for the Deaf and the Blind.

O. "USOE" means the Utah State Office of Education.

 

R277-491-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, and by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. Local boards of education are responsible for school community council operations, plan approval, oversight, and training.

C. The purpose of this rule is to:

(1) provide procedures and clarifying information to school community councils to assist them in fulfilling school community council responsibilities consistent with Section 53A-1a-108(3);

(2) provide direction to school districts and schools in establishing and maintaining school community councils whose primary focus is to develop, approve, and assist in implementing school plans, and advise school/school district administrators consistent with Sections 53A-1a-108(3) and 53A-16-101.5;

(3) provide a framework and support for improved academic achievement of students that is locally driven from within individual schools, through critical review of assessments and other indicators of student success, by establishing meaningful, measurable goals and implementing research-based programs and processes to reach the goals;

(4) encourage increased participation of the parents, school employees and others that support the purposes of the school community councils;

(5) encourage compliance with the law; and

(6) increase public awareness of:

(a) school trust lands and related land policies;

(b) management of the permanent State School Fund established in Utah Constitution Article X, Section 5; and

(c) educational excellence.

 

R277-491-3. School Community Council Member Election Provisions.

A. Each school shall establish a timeline for the election of parent or legal guardian

members of a school community council; the timeline shall remain consistent for at least a four-year period.

B. The election for the parent or legal guardian members of a school community council shall be held near the beginning of the school year, to be completed by October 15, or held in the spring and completed before the last week of school.

C. If the election is held in the spring, the school community council shall attempt to notify parents of incoming students about the opportunity to run for the council, and provide those parents with the opportunity to vote in the election.

D. Terms shall be for two years and shall be staggered so that approximately half of the council positions are elected each year.

E. Public schools that are secure facilities, juvenile detention facilities, hospital program schools, and other small special programs may receive School LAND Trust Program funds without having a school community council if the schools demonstrate and document a good faith effort to recruit members, have meetings and publicize results. Such determination shall be as recognized and affirmed by the local board of education.

F. Each school community council shall determine the size of the council by a majority vote of a quorum of council members, provided that the resulting council has at least one employee member, the principal, and a two person majority of parents.

G. The principal shall provide notice of the school community council elections to the school community at least 10 days prior to the elections. The notice shall include the dates, times, and location of the election, the positions that will be elected and information about becoming a candidate.

H. Parents and legal guardians may stand for election as parent members of a school community council

at a school consistent with the definition of parent member in R277-491-1G.

I. School community councils are encouraged to establish clear and written timelines and procedures for school community council elections that may include receiving information from applicants in a timely manner.

J. Ballots and voting are required only if the school community council position(s) is contested.

K. Parents may vote for the school community council parent members if their child(ren) are enrolled at the school, or to the extent possible consistent with R277-491-3C.

L. School community councils may establish procedures that allow for ballots to be clearly marked and mailed to the school in the case of distances that would otherwise discourage parent participation. Hand-delivered or mailed ballots shall meet the same timelines for voters voting in person.

M. Entire school districts or schools may allow parents to vote by electronic ballot. If school districts or schools allow voting by electronic means, the opportunity shall be clearly explained on the school district or school website.

N. Following the election, if there are more parent members who are educators in that district than parents who are not educators in that district elected to the council, the parents on that council shall appoint additional parent members until the number of parent members who are not educators exceeds the number of parent educators in that district.

O. School community council members who were duly elected or appointed prior to a subsequent change in law or Board rule shall be allowed to complete the term for which they were elected. All school community council members shall satisfy requirements of Utah Code and Board rule in subsequent terms.

 

R277-491-4. Local School Board and School District Responsibilities Relating to School Community Councils.

A. 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.

B. The local school board, in compliance with Section 53A-1a-108, shall ensure that all council members receive annual training, including training for the chair and vice chair about their specific responsibilities, and about the school community council requirements of Sections 53A-1a-108, 53A-1a-108.1, 53A-16-108.5, and 53A-16-101.5.

C. A school or school district administrator shall not prohibit or discourage a school community council from discussing any issue or concern not prohibited by law and raised by any school community council member.

 

R277-491-5. School Community Council Principal Responsibilities.

A. Following the election, the principal shall enter and electronically sign on the School LAND Trust website a Principal's Assurance Form that assures the school community council at the school was elected, and that vacancies were filled, as necessary, and that the school community council is properly constituted consistent with Section 53A-1a-108 and R277-477 and R277-491.

B. A principal may not serve as chair or vice-chair of the school community council.

C. Annually, on or before November 15,the principal shall provide the following information on the school website, in the school office, and if needed, through a method that the council decides is best for the parents at the school who do not have internet access, if needed, and as provided in Section 53A-1a-108 and 53A-1a-108.1:

(1) A list of the members of the school community council and each member's direct email or phone number, or both;

(2) The school community council meeting schedule; and

(3) A summary of the annual report about how the School LAND Trust Program funds were used to enhance or improve academic excellence at the school, consistent with Section 53A-1a-108.1(5)(b).

D. Principals shall ensure that school websites fully communicate the opportunities provided to parents to serve on the school community council and how parents can directly influence the expenditure of the School LAND Trust Program funds. The website shall include each school's dollar amount received each year through the program.

 

R277-491-6. School Community Council Chair Responsibilities.

A. After the council is seated each year, the chair shall be elected by the council from the parent members and the vice-chair shall be elected by the council from the parent or school employee members.

B. The school community council chair or designee shall:

(1) post the school community council meeting information (time, place and date of meeting; meeting agenda and previous meeting draft minutes) on the school's website at least one week prior to each meeting;

(2) set the agenda for every meeting;

(3) conduct every meeting;

(4) assure that written minutes are kept consistent with Section 53A-1a-108.1(8);

(5) inform council members on resources available on the School LAND Trust website;

(6) assure that the council adopts a set of rules of order and procedures, including procedures for electing the chair and vice-chair, that the chair shall follow to conduct each meeting. The rules shall be posted on the school website and be available at each meeting; and

(7) welcome and encourage public participation.

C. School community council responsibilities do not allow for closed meetings, consistent with Section 53A-1a-108.1.

 

R277-491-7. School Community Council Business.

A. School community councils shall report on plans, programs, and expenditures at least annually to local boards of education and cooperate with USOE monitoring and audits.

B. School community councils shall encourage participation on the school community council and may recruit potential applicants to apply for open positions on the council.

C. School community councils are encouraged to establish clear and written procedures governing the removal from office of a member who moves away or consistently does not attend meetings, and additional clarifications to assist in the efficient operation of school community councils, consistent with the law and Board rule.

 

R277-491-8. Development of Plans.

A. School community council members shall participate fully in the development of various school plans described in Section 53A-1a-108(3) including, at a minimum:

(1) The School Improvement Plan;

(2) The School LAND Trust Plan;

(3) The Reading Achievement Plan (for elementary schools); and

(4) The Professional Development Plan.

B. School community councils are encouraged to advise and inform elected local school board members and other interested community members regarding the uses of these funds.

 

KEY: school community councils

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: May 15, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)