Guest Features
State Senator Grover shares proposed updates to school district split law
*Editors note: We are pleased to share a letter received from State Senator Keith Grover regarding a new bill he is introducing during today’s interim session of the legislature. The bill aims to address adjustments to state law concerning the recent split of the Alpine School District. The full details of the bill and its potential impact will be discussed during the session, and we will continue to monitor and provide updates on its progress.
Congratulations on creating a new school or a reorganized new school district. This historical event will have a multi-generational impact on your communities.
As one of your city council members observed, “This may be the most impactful decision I will ever make as a city council member.”
In the 2024 Utah Legislative Session, I introduced and passed SB221, which changed archaic language and provided a clear path for a municipality or interlocal participants to place a proposal on the ballot. Congratulations on your success.
Having worked as a teacher and an administrator in school districts in Utah, I am pleased that my colleagues in the Senate and the House have supported my work in working with students, parents, teachers, administrators and local elected officials to continue providing legislative and practical guidance to school district administration.
There is a year between creating a new school district and seating the new school board. The most frequent question state legislators are asked: “What may we do to assist the new district in being successful during the first year?” That is a great question.
Today, Wednesday, November 20, 2024, I will release a bill titled “School District Modifications” that will be introduced in the 2025 Utah General Session.
This bill provides an opportunity to perform studies and research that will be presented to each new school board which must make final decisions such as allocating assets and liabilities. In addition, there are manyunanswered questions that the current law does not address. After completing a survey of numerous state laws, I have introduced this bill with the purpose and hope of assisting each new school district in finding success.
Please allow me to provide a summary of the bill:
• We have extended the protections for teachers’ salaries by an additional year. “If a school employee is transferred from one district to another because of district consolidation, creation, or restructuring, the employee’s salary may not be less, during two years after the transfer, than the employee’s salary would have been had the transfer not taken place.” 53G-3-205
• Although Utah law (53G-3-202) provides that school districts are independent of municipal and county governments, we have made one exception. In this bill, we established a Governing Board comprised of the mayors of each municipality within each new district, a director appointed by the Governing body, and an Executive Committee to begin the startup process of a new school or a reorganized new school district. Vitally important work will be accomplished to assist the new school boards in creating a prosperous district.
• We have clarified that the name of a new school shall not be a name that another school district has previously chosen and recorded.
• On November 5, 2024, a new reorganizeddistrict (LOVPg) was created. This is a geographical area that did not place a proposal on the ballot. Because other proposals in the divided district were successful, the remaining, or left-over area, is considered a new reorganized district. We believe that every new school district should be prosperous. Therefore, we have created two new code sections to allow the city councilswithin a reorganized new school district to create new districts within that area. These provisions ensure municipalities are not forced to work together but may wish to create a municipal school district or one with neighboring municipalities. Although dividing up LOVPg may create smaller districts, Utah has 18 successful districts with less than 3000 students.
• A municipality within a reorganized new school district may create its own reorganized school district. The process requires a vote by the City Council to perform a feasibility study, two public hearings, and a majority vote by the city council.
• Interlocal participants within a reorganized new school district may create their own reorganized school district. The process requires a majority vote of each City Council to perform a feasibility study, two public hearings, and a majority of the city council within the proposed new school district voting to create a new school district.
• As to the governing board, the director, and the executive committee, who will work together to begin the start-up process, Utah law delineates that a school district is separate from a municipality and the county government. Only those directors, advisory boards, and employees not currently employed by a municipality within the divided district, an elected or appointed official of a municipality in the divided district, or an employee of the divided district are permitted to serve.
• Each advisory board will work together to complete two reports. First, the committees will locate each asset in the divided district and, if necessary, have a third-party professional evaluate those assets. This report will also include a comprehensive audit of the liabilities of the divided district. The advisory boards, working together, present to each new board a proposed allocation of assets and liabilities. Performing these services will incur a significant benefit to each new school board. The new school boards will allocate the divided district’s assets and liabilities on or before July 2026.
• Each executive committee’s second report will involve a detailed audit of each school within its new district. This report will be presented to the new school board so that the board can understand each school’s needs and the status of teachers and local administrators and develop a plan to ensure students’ success.
• The State Auditor will complete a seismic report of each building in the divided district and a deferred maintenance report specific to each school. These reports will be submitted to the Legislative Auditor and each new school board.
• We have included provisions that ensure there is no delay in building new schools or issuing bonds.
• Closing schools, changing, relocating, or closing a special enrollment program, orterminating or changing a bus route will need approval from local elected officials within the new school district.
• To lessen the prospect of ill feelings and to avoid litigation, the Office of the Legislative Auditor General will resolve any disagreements between the new school boards.
