53A-3-402 - Powers and duties generally.
53A-3-402. Powers and duties generally.
(1) Each local school board shall:
(a) implement the core curriculum utilizing instructional materials that best correlate tothe core curriculum and graduation requirements;
(b) administer tests, required by the State Board of Education, which measure theprogress of each student, and coordinate with the state superintendent and State Board ofEducation to assess results and create plans to improve the student's progress which shall besubmitted to the State Office of Education for approval;
(c) use progress-based assessments as part of a plan to identify schools, teachers, andstudents that need remediation and determine the type and amount of federal, state, and localresources to implement remediation;
(d) develop early warning systems for students or classes failing to make progress;
(e) work with the State Office of Education to establish a library of documented bestpractices, consistent with state and federal regulations, for use by the local districts; and
(f) implement training programs for school administrators, including basic managementtraining, best practices in instructional methods, budget training, staff management, managing forlearning results and continuous improvement, and how to help every child achieve optimallearning in core academics.
(2) Local school boards shall spend minimum school program funds for programs andactivities for which the State Board of Education has established minimum standards or rulesunder Section 53A-1-402.
(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,and equipment and construct, erect, and furnish school buildings.
(b) School sites or buildings may only be conveyed or sold on board resolution affirmedby at least two-thirds of the members.
(4) (a) A board may participate in the joint construction or operation of a school attendedby children residing within the district and children residing in other districts either within oroutside the state.
(b) Any agreement for the joint operation or construction of a school shall:
(i) be signed by the president of the board of each participating district;
(ii) include a mutually agreed upon pro rata cost; and
(iii) be filed with the State Board of Education.
(5) A board may establish, locate, and maintain elementary, secondary, and appliedtechnology schools.
(6) Except as provided in Section 53A-1-1001, a board may enroll children in schoolwho are at least five years of age before September 2 of the year in which admission is sought.
(7) A board may establish and support school libraries.
(8) A board may collect damages for the loss, injury, or destruction of school property.
(9) A board may authorize guidance and counseling services for children and theirparents or guardians prior to, during, or following enrollment of the children in schools.
(10) (a) A board shall administer and implement federal educational programs inaccordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.
(b) Federal funds are not considered funds within the school district budget under Title53A, Chapter 19, School District Budgets.
(11) (a) A board may organize school safety patrols and adopt rules under which the
patrols promote student safety.
(b) A student appointed to a safety patrol shall be at least 10 years old and have writtenparental consent for the appointment.
(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of ahighway intended for vehicular traffic use.
(d) Liability may not attach to a school district, its employees, officers, or agents or to asafety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting theprogram by virtue of the organization, maintenance, or operation of a school safety patrol.
(12) (a) A board may on its own behalf, or on behalf of an educational institution forwhich the board is the direct governing body, accept private grants, loans, gifts, endowments,devises, or bequests that are made for educational purposes.
(b) These contributions are not subject to appropriation by the Legislature.
(13) (a) A board may appoint and fix the compensation of a compliance officer to issuecitations for violations of Subsection 76-10-105(2).
(b) A person may not be appointed to serve as a compliance officer without the person'sconsent.
(c) A teacher or student may not be appointed as a compliance officer.
(14) A board shall adopt bylaws and rules for its own procedures.
(15) (a) A board shall make and enforce rules necessary for the control and managementof the district schools.
(b) All board rules and policies shall be in writing, filed, and referenced for publicaccess.
(16) A board may hold school on legal holidays other than Sundays.
(17) (a) Each board shall establish for each school year a school traffic safety committeeto implement this Subsection (17).
(b) The committee shall be composed of one representative of:
(i) the schools within the district;
(ii) the Parent Teachers' Association of the schools within the district;
(iii) the municipality or county;
(iv) state or local law enforcement; and
(v) state or local traffic safety engineering.
(c) The committee shall:
(i) receive suggestions from parents, teachers, and others and recommend school trafficsafety improvements, boundary changes to enhance safety, and school traffic safety programmeasures;
(ii) review and submit annually to the Department of Transportation and affectedmunicipalities and counties a child access routing plan for each elementary, middle, and juniorhigh school within the district;
(iii) consult the Utah Safety Council and the Division of Family Health Services andprovide training to all school children in kindergarten through grade six, within the district, onschool crossing safety and use; and
(iv) help ensure the district's compliance with rules made by the Department ofTransportation under Section 41-6a-303.
(d) The committee may establish subcommittees as needed to assist in accomplishing itsduties under Subsection (17)(c).
(e) The board shall require the school community council of each elementary, middle,and junior high school within the district to develop and submit annually to the committee a childaccess routing plan.
(18) (a) Each school board shall adopt and implement a comprehensive emergencyresponse plan to prevent and combat violence in its public schools, on school grounds, on itsschool vehicles, and in connection with school-related activities or events.
(b) The board shall implement its plan by July 1, 2000.
(c) The plan shall:
(i) include prevention, intervention, and response components;
(ii) be consistent with the student conduct and discipline policies required for schooldistricts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
(iii) require inservice training for all district and school building staff on what their rolesare in the emergency response plan; and
(iv) provide for coordination with local law enforcement and other public safetyrepresentatives in preventing, intervening, and responding to violence in the areas and activitiesreferred to in Subsection (18)(a).
(d) The State Board of Education, through the state superintendent of public instruction,shall develop comprehensive emergency response plan models that local school boards may use,where appropriate, to comply with Subsection (18)(a).
(e) Each local school board shall, by July 1 of each year, certify to the State Board ofEducation that its plan has been practiced at the school level and presented to and reviewed by itsteachers, administrators, students, and their parents and local law enforcement and public safetyrepresentatives.
(19) (a) Each local school board may adopt an emergency response plan for the treatmentof sports-related injuries that occur during school sports practices and events.
(b) The plan may be implemented by each secondary school in the district that has asports program for students.
(c) The plan may:
(i) include emergency personnel, emergency communication, and emergency equipmentcomponents;
(ii) require inservice training on the emergency response plan for school personnel whoare involved in sports programs in the district's secondary schools; and
(iii) provide for coordination with individuals and agency representatives who:
(A) are not employees of the school district; and
(B) would be involved in providing emergency services to students injured whileparticipating in sports events.
(d) The board, in collaboration with the schools referred to in Subsection (19)(b), mayreview the plan each year and make revisions when required to improve or enhance the plan.
(e) The State Board of Education, through the state superintendent of public instruction,shall provide local school boards with an emergency plan response model that local boards mayuse to comply with the requirements of this Subsection (19).
(20) A board shall do all other things necessary for the maintenance, prosperity, andsuccess of the schools and the promotion of education.
(21) (a) Before closing a school or changing the boundaries of a school, a board shall:
(i) hold a public hearing, as defined in Section 10-9a-103; and
(ii) provide public notice of the public hearing, as specified in Subsection (21)(b).
(b) The notice of a public hearing required under Subsection (21)(a) shall:
(i) indicate the:
(A) school or schools under consideration for closure or boundary change; and
(B) date, time, and location of the public hearing; and
(ii) at least 10 days prior to the public hearing, be:
(A) published:
(I) in a newspaper of general circulation in the area; and
(II) on the Utah Public Notice Website created in Section 63F-1-701; and
(B) posted in at least three public locations within the municipality or on the district'sofficial website.
(22) A board may implement a facility energy efficiency program established under Title11, Chapter 44, Facility Energy Efficiency Act.
Amended by Chapter 90, 2010 General Session
Amended by Chapter 244, 2010 General Session
Amended by Chapter 395, 2010 General Session