Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 222 (2021GS)

Sponsor

Rep. Moss, J.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals a requirement for a principal to post certain information on the school's website regarding school community councils;
• amends the date by which a local education agency ("LEA") completes an annual report;
• removes the deadlines and changes the method by which an LEA reports certain expenditures;
• amends a training requirement to clarify that the Utah State Board of Education is responsible for certain training related to the School Learning and Nurturing Development Trust Program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL LAND TRUST PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson Moss
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to reporting and the administration of the School
Learning and Nurturing Development Trust Program.
Highlighted Provisions:
This bill:
▸ repeals a requirement for a principal to post certain information on the school's
website regarding school community councils;
▸ amends the date by which a local education agency ("LEA") completes an annual
report;
▸ removes the deadlines and changes the method by which an LEA reports certain
expenditures;
▸ amends a training requirement to clarify that the Utah State Board of Education is
responsible for certain training related to the School Learning and Nurturing
Development Trust Program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-7-1203
, as last amended by Laws of Utah 2019, Chapters 293 and 505
53G-7-1206
, as last amended by Laws of Utah 2020, Chapter 408
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-7-1203
 is amended to read:
53G-7-1203.
School community councils -- Open and public meeting
requirements.
(1) As used in this section:
(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.
(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
.
(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
(b) is exempt from Title 52, Chapter 4, Open and Public Meetings Act.
(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.
(4) (a) A meeting of a council is open to the public.
(b) A council may not close any portion of a meeting.
(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.
[
(6) (a) On or before October 20, a principal shall post the following information on
the school website and in the school office:
]
[
(i) the proposed council meeting schedule for the year;
]
[
(ii) a telephone number or email address, or both, where each council member can be
reached directly; and
]
[
(iii) a summary of the annual report required under Section 
53G-7-1206
 on how the
school's School LAND Trust Program money was used to enhance or improve academic
excellence at the school and implement a component of the school's teacher and student
success plan.
]
[
(b) (i) A council shall identify and use methods of providing the information listed in
Subsection (6)(a) to a parent who does not have Internet access.
]
[
(ii) Money allocated to a school under the School LAND Trust Program under Section
53F-2-404
 may not be used to provide information as required by Subsection (6)(b)(i).
]
[
(7)
] 
(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.
(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.
[
(8)
] 
(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 [
(8)
] 
(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 [
(8)
] 
(7)
(b); and
(ii) included with the advance public notice required by Subsection (5).
[
(9)
] 
(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;
(vi) the substance, in brief, of the testimony or comments provided by the public under
Subsection [
(9)
] 
(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.
(c) The written minutes of a council meeting:
(i) are a public record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(ii) shall be retained for three years.
[
(10)
] 
(9)
 (a) As used in this Subsection [
(10)
] 
(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
(iii) civil discourse.
(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 [
(10)
] 
(9)
(b)(i); and
(iii) make the rules of order and procedure described in Subsection [
(10)
] 
(9)
(b)(i)
available to the public:
(A) at each public meeting of the council; and
(B) on the school's website.
Section 2. Section 
53G-7-1206
 is amended to read:
53G-7-1206.
School LAND Trust Program.
(1) As used in this section:
(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
.
(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.
(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).
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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 [
each fall
] 
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.
(6) [
On or before October 1 of each year, a school district shall record the amount of
the program funds distributed to each school under Section 
53F-2-404
 on the School LAND
Trust Program website
] 
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 [
School LAND Trust Program
] 
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.
(b) The [
School LAND Trust Program
] 
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.
(9) The [
School LAND Trust Program
] 
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.
(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.