20A-14-201 - Boards of education -- School board districts -- Creation -- Reapportionment.
20A-14-201. Boards of education -- School board districts -- Creation --Reapportionment.
(1) (a) The county legislative body, for local school districts whose boundariesencompass more than a single municipality, and the municipal legislative body, for schooldistricts contained completely within a municipality, shall divide the local school district intolocal school board districts as required under Subsection 20A-14-202(1)(a).
(b) The county and municipal legislative bodies shall divide the school district so that thelocal school board districts are substantially equal in population and are as contiguous andcompact as practicable.
(2) (a) County and municipal legislative bodies shall reapportion district boundaries tomeet the population, compactness, and contiguity requirements of this section:
(i) at least once every 10 years;
(ii) if a new district is created:
(A) within 45 days after the canvass of an election at which voters approve the creationof a new district; and
(B) at least 60 days before the candidate filing deadline for a school board election;
(iii) whenever districts are consolidated;
(iv) whenever a district loses more than 20% of the population of the entire schooldistrict to another district;
(v) whenever a district loses more than 50% of the population of a local school boarddistrict to another district;
(vi) whenever a district receives new residents equal to at least 20% of the population ofthe district at the time of the last reapportionment because of a transfer of territory from anotherdistrict; and
(vii) whenever it is necessary to increase the membership of a board from five to sevenmembers as a result of changes in student membership under Section 20A-14-202.
(b) If a school district receives territory containing less than 20% of the population of thetransferee district at the time of the last reapportionment, the local school board may assign thenew territory to one or more existing school board districts.
(3) (a) Reapportionment does not affect the right of any school board member tocomplete the term for which the member was elected.
(b) (i) After reapportionment, representation in a local school board district shall bedetermined as provided in Subsection (3).
(ii) If only one board member whose term extends beyond reapportionment lives within areapportioned local school board district, that board member shall represent that local schoolboard district.
(iii) (A) If two or more members whose terms extend beyond reapportionment livewithin a reapportioned local school board district, the members involved shall select one memberby lot to represent the local school board district.
(B) The other members shall serve at-large for the remainder of their terms.
(C) The at-large board members shall serve in addition to the designated number ofboard members for the board in question for the remainder of their terms.
(iv) If there is no board member living within a local school board district whose termextends beyond reapportionment, the seat shall be treated as vacant and filled as provided in thispart.
(4) (a) If, before an election affected by reapportionment, the county or municipallegislative body that conducted the reapportionment determines that one or more members mustbe elected to terms of two years to meet this part's requirements for staggered terms, thelegislative body shall determine by lot which of the reapportioned local school board districtswill elect members to two-year terms and which will elect members to four-year terms.
(b) All subsequent elections are for four-year terms.
(5) Within 10 days after any local school board district boundary change, the county ormunicipal legislative body making the change shall send an accurate map or plat of the boundarychange to the Automated Geographic Reference Center created under Section 63F-1-506.
Amended by Chapter 215, 2007 General Session