53G-3 - School District Creation and Change

Title 53G > 53G-3

Sections (26)

General Provisions

53G-3-101 - Title.

This chapter is known as “School District Creation and Change.”

53G-3-102 - Definitions.

As used in this chapter: 53G-3-102(1) “Allocation date” means:July 1 of the second calendar year following the local school board election date as described in Section 53G-3-302; oranother date to which the new local school board and reorganized school board agree. 53G-3-102(2) “Creation date” means the date on which voters approve the creation of a new school district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4. 53G-3-102(3) “Divided school district” means:an existing school district from which a new school district is created under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4; andan existing school district from which a reorganized new school district is created. 53G-3-102(4) “Feasibility study” means a study:that one of the following conducts:a school district, municipal legislative body, or interlocal agreement participants; orthe Office of the Legislative Auditor General, subject to prioritization by the Legislative Audit Subcommittee; andto determine:the financial viability for a new school district and reorganized new school district that is contained within the boundaries of a divided school district;the financial impact on a new school district and reorganized new school district that is contained within the boundaries of a divided school district; andthe impact of the tax burden on taxpayers within the boundaries of the proposed new school district. 53G-3-102(5) “Interlocal agreement participant” means a public agency, as that term is defined in Section 11-13-103, that enters into an agreement with one or more other public agencies for the purpose described in and in accordance with Title 11, Chapter 13, Interlocal Cooperation Act. 53G-3-102(6) “Isolated area” means an area that:is entirely within the boundaries of an existing school district;is contiguous to the proposed new school district;has a combined student population of fewer than 5,000 students; andbecause of the creation of a new school district from the existing district in which the area is located, would become completely geographically isolated. 53G-3-102(7) “Municipality” means the same as that term is defined in Section 10-1-104. 53G-3-102(8) “New school district” means a school district created under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4. 53G-3-102(9) “Public hearing” means the same as that term is defined in Section 10-20-102. 53G-3-102(10) “Reorganized new school district” means the remaining portion of the divided school district after voters approve the creation of a new school district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, when:the entire geographical area of the reorganized new school district is not included in a proposal for the new school district; orthe entire geographical area of the reorganized new school district is:included in a proposal for a new school district that voters do not approve; andwithin the boundaries of an existing district that contains an area that is included in the new district for which voters approve the creation.

Miscellaneous Provisions

53G-3-201 - School districts.

School districts may be created, merged, dissolved, or their boundaries changed only as provided in this chapter.

53G-3-202 - School districts independent of municipal and county governments — School district name — Control of property.

53G-3-202(1) Each school district, including a new school district or a reorganized new school district upon the election of the local school board, is: under the control of the district’s local school board; andindependent of municipal and county governments.The name of each school district created after May 1, 2000, including a reorganized new school district, shall:comply with Section 17-60-103; andbe a name:that the local school board of the relevant new school district or reorganized new school district selects; andthat another school district has not previously chosen and recorded. 53G-3-202(2) The local school board: except as provided in Subsection 53G-3-302(6), has direction and control of all school property in the district; andmay enter into cooperative agreements with other local school boards to provide educational services that best use resources for overall operation of the public school system. 53G-3-202(3) On or before 60 days following the day on which the creation of a new school district occurs under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, and in accordance with Section 67-1a-15, the following shall register a new school district as a limited purpose entity:the municipal legislative body of the municipality in which the boundaries for the new school district are entirely located; orthe legislative body of interlocal agreement participants in which the new school district is located.Each school district shall maintain the school district’s registration as a limited purpose entity in accordance with Section 67-1a-15.A school district that fails to comply with Subsections (3)(a) and (b) or Section 67-1a-15 is subject to enforcement by the state auditor in accordance with Section 67-3-1.

53G-3-203 - Filing of notice and plat relating to school district boundary changes including creation, consolidation, division, or dissolution — Recording requirements — Effective date.

53G-3-203(1) The county legislative body shall, within 30 days following the day on which the creation, consolidation, division, or dissolution of a school district occurs, file with the lieutenant governor:a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); andexcept in the case of a dissolution, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5. 53G-3-203(2) The county legislative body, upon the lieutenant governor’s issuance of a certificate of boundary action under Section 67-1a-6.5, shall:if the school district is or, in the case of dissolution, was located within the boundary of a single county, submit to the recorder of that county:the original:notice of an impending boundary action;certificate of boundary action; andexcept in the case of dissolution, approved final local entity plat; andif applicable, a certified copy of the resolution approving the boundary action; orif the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county:submit to the recorder of one of those counties:the original of the documents listed in Subsection (2)(a)(i); andif applicable, a certified copy of the resolution approving the boundary action; andsubmit to the recorder of each other county:a certified copy of the documents listed in Subsection (2)(a)(i); andif applicable, a certified copy of the resolution approving the boundary action. 53G-3-203(3) Upon the lieutenant governor’s issuance of the certificate under Section 67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the boundary of a new or reorganized new school district that was the subject of the action has legal effect.As used in this Subsection (3)(b), “affected area” means:in the case of the creation of a school district, the area within the school district’s boundary;in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district;in the case of the division of a school district, the area within the boundary of the school district created by the division; andin the case of an addition to an existing school district, the area added to the school district.For purposes of assessing property within the school district, the effective date of a boundary action, as that term is defined in Section 17-73-101, is governed by Section 59-2-305.5.A school district may not levy or collect a property tax on property within the affected area until the county legislative body records the documents listed in Subsection (2) in the office of the recorder of each county in which the property is located.

53G-3-204 - Notice before preparing or amending a long-range plan or acquiring certain property.

53G-3-204(1) As used in this section:

“Affected entity” means each county, municipality, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility: whose services or facilities are likely to require expansion or significant modification because of an intended use of land; or that has filed with the school district a copy of the general or long-range plan of the county, municipality, special district, special service district, school district, interlocal cooperation entity, or specified public utility. “Specified public utility” means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. 53G-3-204(2) If a school district located in a county of the first or second class prepares a long-range plan regarding the school district’s facilities proposed for the future or amends an already existing long-range plan, the school district shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of the school district’s intent to prepare a long-range plan or to amend an existing long-range plan. Each notice under Subsection (2)(a) shall: indicate that the school district intends to prepare a long-range plan or to amend a long-range plan, as the case may be; describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan; be:

sent to each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located; sent to each affected entity; sent to the Utah Geospatial Resource Center created in Section 63A-16-505; sent to each association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality described in Subsection (2)(b)(iii)(A) is a member; and published for the geographic area that will be affected by the proposed long-range plan, or amendments to a long-range plan, as a class A notice under Section 63G-30-102, for at least 30 days; with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning:

impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range plan; and include the address of an Internet website, if the school district has one, and the name and telephone number of an individual where more information can be obtained concerning the school district’s proposed long-range plan or amendments to a long-range plan. 53G-3-204(3) Except as provided in Subsection (3)(d), each school district intending to acquire real property in a county of the first or second class for the purpose of expanding the district’s infrastructure or other facilities shall provide written notice, as provided in this Subsection (3), of the school district’s intent to acquire the property if the intended use of the property is contrary to: the anticipated use of the property under the county or municipality’s general plan; or the property’s current zoning designation. Each notice under Subsection (3)(a) shall: indicate that the school district intends to acquire real property; identify the real property; and be sent to:

each county in whose unincorporated area and each municipality in whose boundaries the property is located; and each affected entity. A notice under this Subsection (3) is a protected record as provided in Subsection 63G-2-305(8). The notice requirement of Subsection (3)(a) does not apply if the school district previously provided notice under Subsection (2) identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located. If a school district is not required to comply with the notice requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall provide the notice specified in Subsection (3)(a) as soon as practicable after the school district’s acquisition of the real property.

53G-3-205 - Rights of transferred employees — Salary during first year — Leave and tenure benefits — Written offer of employment.

53G-3-205(1) If a school or school district employee described in Subsection (4)(a) is transferred from one district to another because of district consolidation, creation, or restructuring, the employee’s salary may not be less, during the first year after the transfer, than the employee’s salary would have been had the transfer not taken place. 53G-3-205(2) The district to which an employee is transferred under Subsection (1) shall credit the employee with all accumulated leave and tenure recognized by the district from which the employee was transferred. 53G-3-205(3) If the district to which an employee is transferred does not have a leave benefit which reasonably corresponds to one the employee seeks to transfer, that district shall compensate the employee for the benefit on the same basis as would have been done had the employee retired. 53G-3-205(4) On or before the day that is six months before the allocation date, each new school district and each reorganized new school district shall provide a written offer of employment to contracted employees of the divided district, in a number that is proportional to the student population distribution within each new and reorganized new school district, who are not:employed on an administrative salary schedule;provisional; orat-will.For purposes of Subsection (1), the allocation date is the date of the transfer for an employee described in Subsection (4)(a).The job responsibilities or titles of an employee described in Subsection (4)(a) are subject to change.

Creating a New School District

53G-3-301 - Creation of new school district — Initiation of process — Procedures to follow.

53G-3-301(1) A new school district may be created from one or more existing school districts, as provided in this chapter. 53G-3-301(2) The process to create a new school district may be initiated:through a citizens’ petition in accordance with Section 53G-3-301.1;at the request of a municipality within the boundaries of the school district in accordance with Section 53G-3-301.3; orat the request of interlocal agreement participants in accordance with Section 53G-3-301.4. 53G-3-301(3) A request or petition under Subsection (2) may not form a new school district unless the new school district boundaries and the reorganized new school district boundaries:are contiguous;do not create an isolated area, as defined in Section 53G-3-102; andinclude the entire boundaries of each participant municipality or town, unless the excluded portion of the municipality or town is not within the divided school district. 53G-3-301(4) For each new school district, each county legislative body shall comply with the notice and plat filing requirements of Section 53G-3-203. 53G-3-301(5) No later than July 1 of the second year following the inaugural local school board election of the new and reorganized new school districts, each new school district and each reorganized new school district shall reimburse the municipalities in which the school districts are located for any legal or administrative costs the municipality incurs relating to compliance with Sections 53G-3-202, 53G-3-203, 53G-3-301, 53G-3-301.3, and 53G-3-301.4. 53G-3-301(6) On January 1 of each of the first and second years following the local school board election for new and reorganized new school districts following the division of a school district, the relevant divided district shall provide to each relevant new and reorganized new school districts, the greater of the following amounts, distributed based on student population in the new and reorganized new school districts, using the most recent October student count:1% of the divided district’s total WPU funding; or$60 per student. 53G-3-301(7) An inadequacy of a feasibility study, as defined in Section 53G-3-102, may not be the basis of a legal action or other challenge to:an election for voter approval of the creation of a new school district; orthe creation of the new school district. 53G-3-301(8) Notwithstanding the creation of a new district as provided in this part:a new school district and a reorganized new school district may not begin to provide educational services to the area within the new school district and reorganized new school district until July 1 of the second calendar year following the local school board election date as described in Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4; andthe divided school district shall continue, until the time specified in Subsection (8)(a), to provide educational services within the entire area covered by the divided school district. 53G-3-301(9) A new school district and a reorganized new school district shall enter into a shared services agreement, except if the local school boards of the districts mutually agree to not enter into an agreement, that permits students residing in each school district access to attend a school that serves students with disabilities within or outside of each school district boundary:for up to five years after the day on which the new school district commences educational services;for actual costs of services provided to students; andwithout affecting services provided to other students. 53G-3-301(10) The process described in Subsection (2):may not be initiated more than once during any two-year period; andmay only be initiated within a divided school district in the year of the allocation date.

53G-3-301.1 - Creation of a new school district — Citizens’ petition — Procedures to follow — Removal or reinstatement of signature.

53G-3-301.1(1) Citizens may file a petition to create a new school district in accordance with this section and Section 53G-3-301. 53G-3-301.1(2) The county clerk shall ensure that a petition described in Subsection (1) is signed by registered voters residing within the geographical boundaries of the proposed new school district in an amount equal to at least 10% of all votes cast within the geographic boundaries of the proposed new school district for all candidates for president of the United States at the last regular general election at which a president of the United States was elected.The sponsors of a petition described in Subsection (1) shall file the petition with the clerk of each county in which any part of the proposed new school district is located.The petition sponsors shall ensure that the petition described in Subsection (1):indicates the typed or printed name and current residence address of each voter who signs the petition;describes the proposed new school district boundaries; anddesignates up to five signers of the petition as sponsors, designating one as the contact sponsor, with the mailing address and telephone number of each. 53G-3-301.1(3) A signer of a petition described in Subsection (1) may remove or, once removed, reinstate the signer’s signature by filing a written statement requesting removal or reinstatement with the county clerk no later than three business days after the day on which the petition is filed with the county clerk.A statement described in Subsection (3)(a)(i) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or reinstate an individual’s signature from a petition after receiving a timely, valid statement.The county clerk shall use the procedures described in Section 20A-1-1002 to determine whether the petition has been signed by the required number of registered voters residing within the geographical boundaries of the proposed new school district. 53G-3-301.1(4) Within 14 days after the day on which a petition described in Subsection (1) is filed, the clerk of each county with which the request or petition is filed shall:determine whether the petition complies with Subsections (2) and (3), as applicable, and Section 53G-3-301; andif the county clerk determines that the request or petition complies with the applicable requirements:certify the petition and deliver the certified petition to the county legislative body; andmail or deliver written notification of the certification to the contact sponsor; orif the county clerk determines that the petition fails to comply with any of the applicable requirements, reject the petition and notify the contact sponsor in writing of the rejection and reasons for the rejection. 53G-3-301.1(5) If the county clerk fails to certify or reject a petition within the time specified in Subsection (4), the petition is considered to be certified.If the county clerk rejects a petition, the individual who submitted the petition may amend the petition to correct the deficiencies for which the county clerk rejected the petition and refile the petition. 53G-3-301.1(6) Within 10 days after the day on which a county legislative body receives a certified petition as described in Subsection (4) or (5), the county legislative body shall request a feasibility study. 53G-3-301.1(7) The county legislative body shall:provide for a 30-day public comment period to begin on the day the county legislative body receives the study under Subsection (6); andhold at least two public hearings on the study and recommendations.Within five business days after the day on which the public comment period ends, the legislative body of each county with which a petition is filed shall vote on the creation of the proposed new school district.A county legislative body approves a petition proposing a new school district if a majority of the members of the legislative body vote in favor of the petition. 53G-3-301.1(8) Within five business days after the day on which a county legislative body approves a petition proposing a new school district under Subsection (7), the county legislative body shall provide notice of the approval and a copy of the petition to which the approval relates to the county clerk of each county described in Subsection (2)(b).If each county described in Subsection (2)(b) approves a petition proposing a new school district, the county clerks of the counties shall submit the proposal for the creation of a new school district to all legal voters in the proposed new school district for approval or rejection at the next regular general election that is at least 65 days after the day on which all of the counties described in Subsection (2)(b) have complied with Subsection (8)(a).The new school district proposed in the petition and the reorganized new school district are created if a majority of the voters in the proposed new school district vote in favor of creating the new school district.

53G-3-301.2 - Reserved.

53G-3-301.3 - Creation of a new school district — Request by a municipality — Procedures to follow.

53G-3-301.3(1) A municipality located within the boundaries of a school district may file a request to create a new school district in accordance with this section and Section 53G-3-301. 53G-3-301.3(2) The municipality shall file the request to create a new school district with the clerk of each county in which any part of the proposed new school district is located.The filing municipality shall ensure that the request described in Subsection (2)(a):indicates the typed or printed and current residence address of each governing board member making the request;describes the proposed new school district boundaries; anddesignates up to five signers of the request as sponsors, including one as the contact sponsor, with the mailing address and telephone number of each. 53G-3-301.3(3) Within five business days after the day on which a request described in Subsection (2) is filed, the clerk of each county with which the request is filed shall:determine whether the request complies with Subsection (2) and Section 53G-3-301; andif the county clerk determines that the request complies with the applicable requirements:certify the request and deliver the certified request to the municipality and each county legislative body; andmail or deliver written notification of the certification to the contact sponsor; orif the county clerk determines that the request fails to comply with any of the applicable requirements, reject the request and notify the contact sponsor in writing of the rejection and reasons for the rejection. 53G-3-301.3(4) If the county clerk fails to certify or reject the request within the time specified in Subsection (3), the request is considered to be certified.If the county clerk rejects the request, the municipality that submitted the request may amend the request to correct the deficiencies for which the county clerk rejected the request and refile the request. 53G-3-301.3(5) Within 10 days after the day on which a municipal legislative body receives a certification as described in Subsection (3) or (4), a municipal legislative body shall request a feasibility study. 53G-3-301.3(6) The municipal legislative body shall:provide for a 30-day public comment period to beginon the day the study is presented to the municipal legislative body under Subsection (5); andhold at least two public hearings on the study and recommendation.Within 14 days after the day on which the public comment period ends, the municipal legislative body shall vote on the creation of the proposed new school district.A municipal legislative body approves a proposal if a majority of the municipal legislative body vote in favor of the proposal.Within five business days after the day on which the municipal legislative body approves a request proposing the creation of a new school district, the municipal legislative body shall notify the legislative body and the county clerk of each county described in Subsection (2)(a). 53G-3-301.3(7) The county clerks of the counties described in Subsection (2)(a) shall submit the proposal for the creation of a new school district to all legal voters residing within the proposed new school district boundaries for approval or rejection at the next regular general election that is a least 65 days after the day on which the municipal legislative body complies with Subsection (6)(d). 53G-3-301.3(8) The new school district described in the request and the reorganized new school district are created if a majority of the voters in the proposed new school district boundaries vote in favor of creating the new school district. 53G-3-301.3(9) Nothing in this section prevents a municipality from assisting the new school district or reorganized new school district, including by:entering into a loan agreement with the new school district or reorganized new school district; orassisting the new school district or reorganized new school district in securing a line of credit.

53G-3-301.4 - Creation of a new school district — By interlocal agreement participants — Procedures to follow.

53G-3-301.4(1) On or after April 30, 2024, interlocal agreement participants may file a request proposing the creation of a new school district in accordance with this section and Section 53G-3-301.A municipality may not:enter into more than one interlocal agreement for the purpose of submitting for voter approval, in the same election, a proposal to create a new school district under this part; orparticipate in a request under this section and submit a request under Section 53G-3-301.3 for the same election.A municipality may not withdraw from an interlocal agreement under this part, unless, before August 1 of the year in which the interlocal agreement participants file the request under Subsection (1)(a):the municipality votes, via the legislative body of the municipality, to withdraw from the interlocal agreement; anda majority of all municipalities that are participants in the interlocal agreement vote to withdraw from the interlocal agreement, via a separate vote of the legislative body of each municipality.If a majority of all municipalities that are participants in the interlocal agreement vote to withdraw from the interlocal agreement under Subsection (1)(a), the request is void and the interlocal agreement participants may not participate in a new or a revised request until the following year. 53G-3-301.4(2) Except as provided in Subsection (3), by a majority vote of each legislative body, the legislative body of a municipality, together with at least one other municipality, may enter into an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose of submitting for voter approval a measure to create a new school district if the new school district boundaries comply with the requirements of Section 53G-3-301.A county may only participate in an interlocal agreement under this Subsection (2) for the unincorporated areas of the county.Boundaries of a new school district created under this section may include:a portion of one or more existing school districts; anda portion of the unincorporated area of a county. 53G-3-301.4(3) As used in this Subsection (3), “municipality’s school district” means the school district that includes all of the municipality in which the isolated area is located except the isolated area.Notwithstanding Subsection 53G-3-301(3), a municipality may be a participant in an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area within the municipality’s boundaries if:the portion of the municipality proposed to be included in the new school district would, if not included, become an isolated area upon the creation of the new school district; orthe portion of the municipality proposed to be included in the new school district is within the boundaries of the same school district that includes the other interlocal agreement participants; andthe portion of the municipality proposed to be excluded from the new school district is within the boundaries of a school district other than the school district that includes the other interlocal agreement participants.Notwithstanding Subsection 53G-3-301(3), interlocal agreement participants may submit a proposal to the legal voters residing within the proposed new school district boundaries to create a new school district in accordance with an interlocal agreement under Subsection (2)(a), even though the new school district boundaries would create an isolated area, if:the potential isolated area is contiguous to one or more of the interlocal agreement participants;the interlocal participants submit a written request to the municipality in which the potential isolated area is located, requesting the municipality to enter into an interlocal agreement under Subsection (2)(a) that proposes to submit for voter approval a proposal to create a new school district that includes the potential isolated area; andthe municipality, to which the interlocal agreement participants submitted a request under Subsection (3)(c)(i)(B), did not respond to the written request within 30 days after the day on which the request was submitted.Each municipality receiving a request under Subsection (3)(c)(i) shall hold at least two public hearings to allow input from the public and affected school districts regarding whether the municipality should enter into an interlocal agreement with respect to the potential isolated area.A municipal legislative body approves a proposal to enter into an interlocal agreement with respect to the potential isolated area if a majority of the municipal legislative body votes in favor of the proposal.The isolated area described in this Subsection (3) shall, on July 1 of the second calendar year following the local school board general election date described in Section 53G-3-302, become part of the municipality’s school district.The divided school district shall continue to provide educational services to the isolated area until July 1 of the second calendar year following the local school board general election date described in Section 53G-3-302. 53G-3-301.4(4) Interlocal agreement participants shall file a request described in Subsection (1) with the clerk of each county in which any part of the proposed new school district is located.The filing interlocal agreement participants shall ensure that the request described in Subsection (4)(a):indicates the typed or printed and current residence address of each governing board member making a request;describes the proposed new school district boundaries; anddesignates up to five signers of the request as sponsors, including as the contact sponsor, with the mailing address and telephone number of each. 53G-3-301.4(5) Within five business days after the day on which a request described in Subsection (4)(a) is filed, the clerk of each county with which the request is filed shall:determine whether the request complies with this section and Section 53G-3-301; andif the county clerk determines that the request complies with the applicable requirements:certify the request and deliver the certified request to the legislative bodies of the interlocal agreement participants; andmail or deliver written notification of the certification to the contact sponsor; orif the county clerk determines that the request fails to comply with any of the applicable requirements, reject the request and notify the contact sponsor in writing of the rejection and reasons for the rejection. 53G-3-301.4(6) If the county clerk fails to certify or reject a request within the time specified in Subsection (5), the request is considered to be certified.If the county clerk rejects a request, the interlocal agreement participants that submitted the request may amend the request to correct the deficiencies for which the county clerk rejected the request, and refile the request. 53G-3-301.4(7) Within 30 days after the day on which the contact sponsor receives certification as described in Subsection (5) or (6), the contact sponsor shall request a feasibility study. 53G-3-301.4(8) The legislative bodies of the interlocal agreement participants, and each municipality within the geographic boundaries of the proposed new school district, shall:provide for a 30-day public comment period to beginon the day on which the legislative bodies of the interlocal agreement participants receive a feasibility study described in Subsection (7); andhold at least two public hearings on the study and recommendation.Within 14 days after the day on which the public comment period ends, the legislative bodies of the interlocal agreement participants shall vote on the creation of the proposed new school district.The interlocal agreement participants approve a proposal if a majority of the legislative bodies of municipalities that are participants in the interlocal agreement vote in favor of the proposal. 53G-3-301.4(9) Within five business days after the day on which the interlocal agreement participants approve a request proposing the creation of a new school district, the interlocal agreement participants shall notify the legislative body and the county clerk of each county described in Subsection (4)(a). 53G-3-301.4(10) The county clerks of the counties described in Subsection (4)(a) shall submit the proposal for the creation of a new school district to all legal voters residing within the proposed new school district boundaries for approval or rejection at the next regular general election that is at least 65 days after the day on which the interlocal agreement participants comply with Subsection (9).The new school district described in the request and the reorganized new school district are created if a majority of the voters in the proposed new school district boundaries vote in favor of creating the new school district. 53G-3-301.4(11) Nothing in this section prevents an interlocal agreement participant from assisting the new school district or reorganized new school district, including by:entering into a loan agreement with the new school district or reorganized new school district; orassisting the new school district or reorganized new school district in securing a line of credit.

53G-3-302 - Election of local school board members — Allocation of assets and liabilities — Startup costs — Transfer of title.

53G-3-302(1) As used in this section:“Associated property” means furniture, equipment, or supplies located in or specifically associated with a physical asset.”Discretionary asset or liability” means an asset or liability that is not tied to a specific project, school, student, or employee by law or school district accounting practice.”Discretionary asset or liability” does not include a physical asset, associated property, a vehicle, an employee, or bonded indebtedness.”Nondiscretionary asset or liability” means an asset or liability that is tied to a specific project, school, student, or employee by law or school district accounting practice.”Nondiscretionary asset or liability” does not include a physical asset, associated property, a vehicle, or bonded indebtedness.”Physical asset” means a building, land, or water right together with revenue derived from the lease or use of the building, land, or water right.”Physical liability” means a liability associated with a physical asset, including:a seismic safety evaluation or mitigation; ordeferred maintenance.”Physical liability” does not include a liability associated with any debt, including a general obligation or lease revenue bond. 53G-3-302(2) If voters approve a proposal to create a new school district under this part:the legislative body of each county where all or a part of the new school district and the reorganized new school district are located shall hold elections, during the year immediately following the year in which the voters approve the proposal or municipal legislative bodies or interlocal agreement participants create a new school district, to elect members to the local school board of the new school district and to the local school board of the reorganized new school district, as follows:the filing period for a declaration of candidacy is the same as the filing period for the next regular or municipal general election for the given year;the primary election is held on the same day as the primary election for the next regular or municipal general election for the given year; andthe general election is held on the same day as the next regular or municipal general election for the given year;any new school district and reorganized new school district shall divide the assets and liabilities of the divided school district between the school districts in accordance with Subsection (4) and Section 53G-3-307;any new school district and reorganized new school district shall treat the employment of transferred employees from the divided school district in accordance with Sections 53G-3-205 and 53G-3-308;an individual residing within the boundaries of a new school district or reorganized new school district at the time the new school district is created may, for six school years following the creation of the new school district, elect to enroll in a secondary school located outside the boundaries of the school district if:the individual resides within the boundaries of the secondary school on the day before the creation of the new school district; andthe individual would have been eligible to enroll in the secondary school if not for the creation of the new school district;the new school district shall provide educational services, including, if provided before the creation of the new school district, busing to each individual making an election under Subsection (2)(a)(iv) for each school year for which the individual makes the election; andwithin one year following the date on which the new school district begins providing educational services, the superintendent of each affected school district shall meet, together with the state superintendent, to determine if further boundary changes should take place in accordance with Section 53G-3-501.The county or municipal legislative bodies that conduct redistricting for the new school district and the reorganized new school district shall, at the meeting where the county or municipal legislative bodies adopt the final redistricting maps, adjust the initial terms of the board members for the new school district and the reorganized new school district, by lot, so that approximately half of the board members on each board will have an initial term of three years with the other members having an initial term of five years.Notwithstanding the existence of the new school district local school board and the reorganized new school district local school board under Subsection (2)(a)(i), the divided school district local school board shall continue to function and exercise authority as a local school board until the allocation date to the extent necessary to continue to provide educational services to the entire divided school district.An individual may simultaneously serve as or be elected to be a member of the local school board of a divided school district and a member of the local school board of:a new school district; ora reorganized new school district.On the allocation date, the divided school district and the associated local school board cease to exist.On the Tuesday immediately following certification of the election results for the first election for the members of the local school board described in Subsection (2)(a)(i), the newly elected members of the local school board for the new school district or reorganized new school district shall take the oath of office and begin serving.If the term of a member of the local school board of the divided school district ends within one year of the allocation date, the member’s term shall extend to the allocation date. 53G-3-302(3) The divided school district local school board shall:within 60 days after the creation date prepare an initial inventory of the divided school district’s:assets, both tangible and intangible, real and personal; andliabilities;on or before December 1 of the year following the creation date:prepare an asset inventory, with records, of the divided school district’s assets and the location of each associated property, discretionary asset, nondiscretionary asset, and physical asset; andprepare an inventory of the divided school district’s liabilities, with records, that includes a description of any liability, including an estimated cost to resolve the liability, for each associated property, discretionary asset, nondiscretionary asset, physical asset, and unresolved demands, claims, or suits with an estimated cost to resolve each liability;mutually agree with the local school board of each relevant district to establish a regular schedule for the divided school district local school board to, between the creation date and the allocation date, prepare regular updates including any change in the information required in the inventory and liability reports described in this Subsection (3)(a); anddeliver the reports described in this Subsection (3)(a) to:the Office of the Legislative Auditor General; andthe local school board of each relevant new school district and reorganized new school district.Following the local school board election date described in Subsection (2)(a), the new school district and reorganized new school district local school boards shall:in cooperation with the local school board of each new school district and reorganized new school district, determine the allocation of the divided school district’s assets and, except for indebtedness under Section 53G-3-307, liabilities of the new school district and reorganized new school district in accordance with Subsection (4);prepare a written report detailing the allocation under Subsection (3)(b)(i);prepare a written report of the disposition of assets and liabilities upon which the local school boards could not agree; anddeliver a copy of the written report to the Office of the Legislative Auditor General and the local school board of the divided school district.The new school district and reorganized new school district local boards shall determine the allocation under Subsection (3)(b) and deliver the report required under Subsection (3)(b) on or before December 15 of the year following the school board election date described in Subsection (2)(a), unless that deadline is extended by mutual agreement of the local school boards of the new school district and reorganized new school district. 53G-3-302(4) Except as provided under Subsection (4)(c), the new school district and reorganized new school district local school boards shall allocate all assets and liabilities the divided school district owns on the allocation date, both tangible and intangible, real and personal, allocating:a physical asset, physical liability, and associated property asset to the school district in which the physical asset is located;a discretionary asset or liability between the new school district and reorganized new school district in proportion to the student population of the school districts;vehicles used for pupil transportation:according to the transportation needs of schools, as measured by the number and assortment of vehicles used to serve eligible state supported transportation routes serving schools within the new school district and the reorganized new school district; andin a manner that gives each school district a fleet of vehicles for pupil transportation that is equivalent in terms of age, condition, and variety of carrying capacities; andother vehicles:in proportion to the student population of the school districts; andin a manner that gives each district a fleet of vehicles that is similar in terms of age, condition, and carrying capacities.Each new and reorganized new school district retains the buildings, land, and water rights of the divided district within the boundaries of the relevant new or reorganized new school district.By mutual agreement, the new school district and reorganized new school district local school boards may allocate an asset or liability in a manner different than the allocation method specified in Subsection (4)(a). 53G-3-302(5) After the creation date, the local school board of the divided district may issue a lease revenue bond, in accordance with Section 11-14-103:that records the date, terms, and amount of the lease revenue bond the divided school district provides;that designates the new and reorganized new school districts that are the joint recipients of the bond proceeds, in proportion to the property tax values within each district, as the local political subdivisions receiving the bond proceeds;that obligates the new and reorganized new school districts receiving the bond proceeds to proportionally repay the remainder of the bond debt after the allocation date, in proportion to the portion of the bond proceeds each new or reorganized new school district receives;that prohibits the bond from inclusion in the outstanding bond indebtedness of the divided school district, in accordance with Section 53G-3-307;to which, if the relevant local school board has been seated, the local school board of the new school district or reorganized new school district consents in writing; andthat provides that the divided school district is responsible for the bond payments until the allocation date and that each new and reorganized new school district receiving the bond proceeds under this section is responsible for a proportional share of the bond payments after the allocation date.This Subsection (5)(a) applies retrospectively to a lease revenue bond that a divided school district issued after November 4, 2024.After the creation date, the local school board of the divided school district may issue a general obligation bond for the interlocal agreement participants on behalf of the relevant new and reorganized new school district within the divided school district, in accordance with Section 11-14-103.The local school board shall ensure that the resolution submitting the question of the issuance of the bond by the divided school district, in accordance with Section 11-14-201:designates the new and reorganized new school districts that are the joint recipients of the bond proceeds, in proportion to the property tax values within each district, as the local political subdivisions receiving the bond proceeds;obligates the new and reorganized new school districts receiving the bond proceeds to proportionally repay the remainder of the bond debt after the allocation date, in proportion to the portion of the bond proceeds each new or reorganized new school district receives;prohibits the bond from inclusion in the outstanding bonded indebtedness of the divided school district, in accordance with Section 53G-3-307;provides that the divided school district may not issue the bond unless the majority of the qualified voters of the divided school district who vote on the bond proposition approve the issuance of the bond; andprovides that the divided school district is responsible for the bond payments until the allocation date and that each new and reorganized new school district receiving the bond proceeds under this section is responsible for a proportional share of the bond payments after the allocation date.This Subsection (5)(b) applies retrospectively to a general obligation bond that a divided school district issued after November 4, 2024.If, within the preceding three years, voters within the divided school district rejected a general obligation bond for which a majority of voters within the area now included in a new or reorganized new school district voted in favor of the general obligation bond, the local school board of the divided district shall issue a lease revenue bond in accordance with Subsection (5)(a)(i) for the relevant new or reorganized new school district.A lease revenue bond described in Subsection (5)(c)(i) is not subject to the combined total limitation described in Subsection 11-14-103(6)(b)(i) due to the prior approval of voters within the new or reorganized new school district for the general obligation bond.The local school board of each new and reorganized new school district may access and spend funds made available under Subsections 53G-3-301.3(9) and 53G-3-301.4(11) and under this Subsection (5). 53G-3-302(6) The divided school district shall transfer title or, if applicable, partial title of property to the new school district and the reorganized new school district in accordance with the allocation of property as stated in the report under Subsection (3)(b)(ii).The divided school district shall complete each transfer of title or, if applicable, partial title to real property and vehicles on the allocation date, except as that date is changed by the mutual agreement of:the local school board of the divided school district;the local school board of the reorganized new school district; andthe local school board of the new school district.The divided school district shall complete the transfer of all property not included in Subsection (6)(b) on the allocation date.Except as provided in this Subsection (6), a divided school district may not transfer or agree to transfer title to district property beginning on the creation date, without the prior consent of:before the election of local school boards for the new or reorganized new school district:the legislative body of the municipality in which the boundaries for the new school district or reorganized new school district are entirely located; orthe legislative bodies of all interlocal agreement participants in which the boundaries of the new school district or reorganized new school district are located; orafter the election of local school boards for the new or reorganized new school district, the local school board of the school district where the physical property is located.A divided district may:sell property associated with a career and technical education program; anduse proceeds from a sale described in this Subsection (6)(e) to fund the following year’s career and technical education program project.A divided district shall distribute any proceeds from a sale described in this Subsection (6)(e) two years after the inaugural election of local school board members for the new and reorganized new school districts based on student population. 53G-3-302(7) On July 1 of the second year following the local school board election date described in Subsection (2)(a), the new school district or the reorganized new school district that receives title to the physical asset of the divided school district main office that existed at the creation date shall become the successor district to the records of the divided school district, unless the local school boards of any relevant new school district and reorganized new school district agree to a chosen successor district.As described in Subsection 63G-2-206(1)(a), the successor district shall serve as a repository of archives for purposes of historical preservation, administrative maintenance, or destruction of all the divided school district’s books, accounts, and records.For one year after the allocation date, each new school district or reorganized new school district within the divided school district may access the records of the divided school district through an interlocal agreement and without cost. 53G-3-302(8) Upon the creation date, a divided school district may not, except by mutual agreement of the local school boards of the new and reorganized new school districts:destroy a school district record;enter into any employment agreement without including a statement providing that the contract does not bind any new school district or reorganized new school district;pay any severance or bonuses, issue a retirement package, or provide buy-out compensation to any employee unless under a written agreement or policy that was executed before the creation date; orincrease compensation for any school district employee, other than:a yearly cost-of-living adjustment; orany pay structure increases the divided district established before the creation date for longevity, years of experience, or additional education and professional development.Notwithstanding Subsection 53G-4-402(24), upon the creation of a new school district or a reorganized new school district, a divided school district may not close a school, except with the consent of the relevant local school board of the new school district or relevant reorganized new school district once the members of the local school board take the oath of office.Any agreement or policy contrary to this Subsection (8) is void, including retrospective operation to any agreement or policy that a divided school district created after November 4, 2024. 53G-3-302(9) The newly elected local school boards of any new school district and any reorganized new school district, by December 15 in the year following the local school board election for the new and reorganized new school districts, shall establish a transition plan with the local school board of the divided school district. 53G-3-302(10) Unless otherwise specified in this section, the following bear all costs and expenses to create a new school district or a reorganized new school district and to comply with this section:for costs that a new school district incurs, the new school district;for costs that a reorganized new school district incurs, the reorganized new school district; andfor costs that a divided school district incurs, the divided school district. 53G-3-302(11) A mutually agreed upon arbiter shall resolve any disagreements between local school boards of the divided school district, any new school district, and any reorganized new school district.If the local school boards do not agree on an arbiter, the state board shall appoint an arbiter.The Office of the Legislative Auditor General shall provide information the office receives under this part to local school boards and the arbiter described in this Subsection (11) during the dispute resolution process.

53G-3-303 - New school district property tax — Limitations.

53G-3-303(1) A new school district, created under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, and a reorganized new school district may not impose a property tax before the fiscal year in which the new school district and reorganized new school district assume responsibility for providing student instruction. 53G-3-303(2) If at the time a new school district created in accordance with Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4 assumes responsibility for student instruction any portion of the territory within the new school district was subject to a levy under Section 53F-8-301, the new school district’s local school board may:discontinue the levy for the new school district;impose a levy on the new school district as provided in Section 53F-8-301; orimpose the levy on the new school district, subject to Subsection (2)(b).If the new school district’s local school board applies a levy to the new school district in accordance with Subsection (2)(a)(iii), the levy may not exceed the maximum duration or rate authorized by the voters of the divided school district at the time of the vote to create the new school district or that resulted in the creation of the reorganized new school district.

53G-3-304 - Property tax levies in new district and reorganized new district — Distribution of property tax revenue.

53G-3-304(1) As used in this section:“Property tax levy” means a property tax levy that a school district is authorized to impose, except:the minimum basic tax rate imposed under Section 53F-2-301;a debt service levy imposed under Section 11-14-310;a judgment levy imposed under Section 59-2-1330; orcharter school tax rate.”Qualifying taxable year” means the calendar year in which a new district begins to provide educational services. 53G-3-304(2) A new school district and reorganized new school district shall continue to impose property tax levies that were imposed by the divided school district in the taxable year before the qualifying taxable year. 53G-3-304(3) Except as provided in Subsection (6), a property tax levy that a new school district and reorganized new school district are required to impose under Subsection (2) shall be set at a rate that:is uniform in the new school district and reorganized new school district; andgenerates the same amount of revenue that was generated by the property tax levy within the divided school district in the taxable year before the qualifying taxable year. 53G-3-304(4) The county treasurer of the county in which a property tax levy is imposed under Subsection (2) shall distribute revenues generated by the property tax levy to the new school district and reorganized new school district in proportion to the percentage of the divided school district’s enrollment on the October 1 before the new school district or reorganized new school district commences educational services that were enrolled in schools currently located in the new school district or reorganized new school district. 53G-3-304(5) On or before March 31, a county treasurer shall distribute revenues generated by a property tax levy imposed under Subsection (2) in the previous calendar year to a new school district and reorganized new school district as provided in Subsection (4). 53G-3-304(6) Subject to the notice and public hearing requirements of Section 59-2-919, a new school district or reorganized new school district may set a property tax rate higher than the rate required by Subsection (3), up to:the maximum rate, if any, allowed by law; orthe maximum rate authorized by voters for a voted local levy under Section 53F-8-301.The revenues generated by the portion of a property tax rate in excess of the rate required by Subsection (3) shall be retained by the district that imposes the higher rate.

53G-3-305 - Redistricting — Local school board membership.

53G-3-305(1) Upon the creation of a new school district or a reorganized new school district in accordance with Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, the applicable legislative body shall redistrict the affected school districts in accordance with Section 20A-14-201. 53G-3-305(2) Except as provided in Section 53G-3-302, local school board membership in the affected school districts is subject to Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.

53G-3-306 - Transfer of school property to new school district and reorganized new school district.

53G-3-306(1) On July 1 of the second calendar year following the local school board elections for a new school district and a reorganized new school district under this part, the divided school district’s local school board shall convey and deliver to the new school district local school board and the reorganized new school district local school board all school property to which each new school district is entitled. 53G-3-306(2) Title vests in the new local school board, including all rights, claims, and causes of action to or for the property, for the use or the income from the property, for conversion, disposition, or withholding of the property, or for any damage or injury to the property. 53G-3-306(3) The new local school board may bring and maintain actions to recover, protect, and preserve the property and rights of the district’s schools and to enforce contracts.

53G-3-307 - Tax to pay for indebtedness of divided school district.

53G-3-307(1) As used in this section, “outstanding bonded indebtedness” means, except for a lease revenue bond or a general obligation bond described in Subsection 53G-3-302(5), debt owed for a general obligation bond or lease revenue bond that the divided school district issues:before the creation of the new school district; orin accordance with a mutual agreement of the local school boards of the reorganized new school district and the new school district under Subsection (4). 53G-3-307(2) If the creation date of a new school district occurs on or after May 10, 2011, property within the new school district and the reorganized new school district is subject to the levy of a tax to pay the divided school district’s outstanding bonded indebtedness as provided in Subsection (3). 53G-3-307(3) Except as provided in Subsection (3)(b), the local school board of the new school district and the local school board of the reorganized new school district shall impose a tax levy at a rate that:generates from the combined districts the amount of revenue required each year to meet the outstanding bonded indebtedness of the divided school district; andis based on the adjusted assessed value of the new school district and reorganized new school district as of the creation date, as the State Tax Commission determines.A local school board of a new school district may abate a property tax that Subsection (3)(a) requires the board to impose to the extent the new school district has money available to pay to the reorganized new school district the amount of revenue that the tax rate described in Subsection (3)(a) would generate within the new school district. 53G-3-307(4) The local school boards of the new school district and the reorganized new school district shall determine, by mutual agreement, the disposition of bonds the divided school district approved but did not issue before the creation of the new school district and reorganized new school district based primarily on the representation made to the voters at the time of the bond election.Before the local school boards make a determination under Subsection (4)(a), a reorganized new school district may not issue the approved and unissued bonds described in Subsection (4)(a) if property in the new school district would be subject to the levy of a tax to pay the bonds.

53G-3-308 - Employees of a new district.

53G-3-308(1) Upon the day a new school district commences educational services:an employee of a divided school district who is employed at a school that is transferred to a new school district shall become an employee of the district in which the school is located; andthe local school board of a new school district shall:have discretion in the hiring of all other staff;adopt the personnel policies and practices of the divided school district, including salary schedules and benefits; andenter into agreements with employees of the new school district, or the new school district employees’ representatives, that have the same terms as those in the negotiated agreements between the divided school district and the divided school district’s employees that existed on or before the creation date. 53G-3-308(2) Subject to Subsection (2)(b), an employee of a school district from which a new district is created who becomes an employee of a new school district shall retain the same status as a career or provisional employee with accrued seniority and accrued benefits.Subsection (2)(a) applies to:employees of a divided school district who are transferred to a new school district as described in Subsection (1)(a); andemployees of a school district from which a new school district is created who are hired by the new school district within one year of the date of the creation of the new school district. 53G-3-308(3) An employee who is transferred to a new school district in accordance with Subsection (1)(a) and is hired by the reorganized new school district within one year of the date of the creation of the new school district shall, when hired by the reorganized new school district, retain the same status as a career or provisional employee with accrued seniority and accrued benefits. 53G-3-308(4) Before the new school district commences educational services, the reorganized new school district’s local school board may not dismiss an employee of the reorganized new school district who is transferred to the new school district for the sole reason that the employee becomes an employee of the new school district.

Consolidating School Districts

53G-3-401 - Consolidation of school districts — Resolution by local school board members — Petition by electors — Certification of petition signatures — Removal of signature — Election.

53G-3-401(1) Two or more school districts may unite and form a single school district in one of the following ways:

a majority of the members of each of the local school boards of the affected districts shall approve and present to the county legislative body of the affected counties a resolution to consolidate the districts. Once this is done, consolidation shall be established under this chapter; or a majority of the members of the local school board of each affected district, or 15% of the registered voters in each of the affected districts, shall sign and present a petition to the county legislative body of each affected county. The question shall be voted upon at an election called for that purpose, which shall be the next general or municipal election. Consolidation shall occur if a majority of those voting on the question in each district favor consolidation. 53G-3-401(2) If a registered voter petition is presented to the county legislative body under Subsection (1)(b):

within three business days after the day on which the county legislative body receives the petition, the county legislative body shall provide the petition to the county clerk; and within 14 days after the day on which a county clerk receives a petition from the county legislative body, the county clerk shall: use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1)(b) for a registered voter petition; certify on the petition whether each name is that of a registered voter in one of the affected districts; and deliver the certified petition to the county legislative body. 53G-3-401(3) A voter who signs a registered voter petition under Subsection (1)(b) may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed. A statement described in Subsection (3)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature. 53G-3-401(4) The elections required under Subsection (1)(b) shall be conducted and the returns canvassed as provided by election laws.

53G-3-402 - Transfer of property to new school district — Rights and obligations of new local school board — Outstanding indebtedness — Special tax.

53G-3-402(1) On July 1 following the approval of the creation of a new school district under Section 53G-3-401, the local school boards of the former districts shall convey and deliver all school property to the local school board of the new district. Title vests in the new local school board. All rights, claims, and causes of action to or for the property, for the use or the income from the property, for conversion, disposition, or withholding of the property, or for any damage or injury to the property vest at once in the new local school board. 53G-3-402(2) The new local school board may bring and maintain actions to recover, protect, and preserve the property and rights of the district schools and to enforce contracts. 53G-3-402(3) The new local school board shall assume and be liable for all outstanding debts and obligations of each of the former school districts. 53G-3-402(4) All of the bonded indebtedness, outstanding debts, and obligations of a former district, which cannot be reasonably paid from the assets of the former district, shall be paid by a special tax levied by the new local school board as needed. The tax shall be levied upon the property within the former district which was liable for the indebtedness at the time of consolidation. If bonds are approved in the new district under Section 53G-4-603, the special tax shall be discontinued and the bonded indebtedness paid as any other bonded indebtedness of the new district. 53G-3-402(5) Bonded indebtedness of a former district which has been refunded shall be paid in the same manner as that which the new district assumes under Section 53G-4-602. 53G-3-402(6) State funds received by the new district under Section 53F-3-202 may be applied toward the payment of outstanding bonded indebtedness of a former district in the same proportion as the bonded indebtedness of the territory within the former district bears to the total bonded indebtedness of the districts combined.

53G-3-403 - School district consolidation — State funding of consolidated districts.

When districts consolidate, payments made by the state under Title 53F, Public Education System — Funding , shall continue for a period of five years from the date of consolidation on the same basis as if no consolidation had occurred. At the end of the five-year period, the consolidated district shall receive funding as a single district.

53G-3-404 - Additional levies — Local school board options to abolish or continue after consolidation.

53G-3-404(1) If a school district that has approved an additional levy under Section 53F-8-301 is consolidated with a district which does not have such a levy, the local school board of the consolidated district may choose to abolish the levy, or apply it in whole or in part to the entire consolidated district. 53G-3-404(2) If the local school board chooses to apply any part of the levy to the entire district, the levy may continue in force for no more than three years, unless approved by the electors of the consolidated district in the manner set forth in Section 53F-8-301.

Restructuring a School District

53G-3-501 - Transfer of a portion of a school district — Required boundary adjustments — Local school board petition — Elector petition — Certification of petition signatures — Removal of signature — Transfer election.

53G-3-501(1) Part of a school district may be transferred to another district in one of the following ways:presentation to the county legislative body of each of the affected counties of a resolution requesting the transfer, approved by at least four-fifths of the members of the local school board of each affected school district;presentation to the county legislative body of each affected county of a petition requesting that the voters vote on the transfer, signed by a majority of the members of the local school board of each affected school district; presentation to the county legislative body of each affected county of a petition requesting that the voters vote on the transfer, signed by 15% of the registered voters in each of the affected school districts within that county; orfor a boundary adjustment required under Subsection (2) or (3), submission to the county legislative body of each of the affected counties of a resolution requesting the transfer from the local school board of the school district that is required to initiate the boundary adjustment. 53G-3-501(2) As used in this Subsection (2):“Expansion area” means the area of land approved for annexation and located outside the boundaries of a specified school district.”Municipality” means a city or town.”Originating school district” means the school district whose boundaries an expansion area is located within prior to the boundary adjustment required under Subsection (2)(b).”Specified school district” means a school district:that serves residents within a single municipality; andfor which the municipality whose residents the school district serves enacts an ordinance in accordance with Title 10, Chapter 2, Part 4, Annexation, approving the annexation of an area of land located outside the boundaries of the school district.Notwithstanding any other provisions of this chapter and except as provided in Subsection (2)(c)(ii), the local school board of a specified school district shall initiate boundary adjustment proceedings under Subsection (1)(d):to request the expansion area to be transferred to the specified school district from the originating school district; andby submitting the resolution requesting the transfer, as provided in Subsection (1)(d), within 60 days after the day on which the municipality enacts the ordinance approving annexation of the expansion area.Before initiating the boundary adjustment required under Subsection (2)(b), the local school board presidents of the specified school district and the originating school district shall, within the timeframe described in Subsection (2)(b)(ii), meet to determine whether allowing the expansion area to remain within the boundaries of the originating school district is in the best interests of the municipality’s residents.The requirements of Subsection (2)(b) do not apply to a specified school district if, upon meeting under Subsection (2)(c)(i), the presidents of the local school boards mutually agree that allowing the expansion area to remain within the boundaries of the originating school district is in the best interests of the municipality’s residents. 53G-3-501(3) This Subsection (3) applies to a school district that:serves residents within a single municipality; andin calendar year 2018, completed construction on a secondary school within an area of land located outside the boundaries of the school district.Notwithstanding any other provisions of this chapter, the local school board of a school district described in Subsection (3)(a) shall initiate boundary adjustment proceedings under Subsection (1)(d):to request the land described in Subsection (3)(a)(ii) to be transferred to the school district from the school district whose boundaries the land is located within; andby submitting the resolution requesting the transfer, as provided in Subsection (1)(d), on or before June 1, 2024. 53G-3-501(4) If a registered voter petition is presented to the county legislative body under Subsection (1)(c):within three business days after the day on which the county legislative body receives the petition, the county legislative body shall provide the petition to the county clerk; andwithin 14 days after the day on which a county clerk receives a petition from the county legislative body, the county clerk shall:use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1)(c) for a registered voter petition;certify on the petition whether each name is that of a registered voter in one of the affected districts; anddeliver the certified petition to the county legislative body. 53G-3-501(5) A voter who signs a registered voter petition under Subsection (1)(c) may have the voter’s signature removed from the petition by, no later than three business days after the day on which the county legislative body provides the petition to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.A statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature. 53G-3-501(6) The voters of each affected district shall vote on the transfer requested under Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general election.The election shall be conducted and the returns canvassed as provided by election law.A transfer is effected only if a majority of votes cast by the voters in both the proposed transferor district and in the proposed transferee district are in favor of the transfer.

53G-3-502 - Transfer of school district property — Indebtedness on transferred property.

53G-3-502(1) If a transfer of a portion of one school district to another school district is approved under Section 53G-3-501, the state superintendent and the superintendents and presidents of the local school boards of each of the affected school districts shall determine the basis for a transfer of all school property reasonably and fairly allocable to that portion being transferred. 53G-3-502(2) Title to property transferred vests in the transferee local school board. The transfer of a school building that is in operation at the time of determination shall be made at the close of a fiscal year. The transfer of all other school property shall be made five days after approval of the transfer of territory under Section 53G-3-501. 53G-3-502(3) The individuals referred to in Subsection (1) shall determine the portion of bonded indebtedness and other indebtedness of the transferor local school board for which the transferred property remains subject to the levy of taxes to pay a proportionate share of the outstanding indebtedness of the transferor local school board. This is done by: determining the amount of the outstanding bonded indebtedness and other indebtedness of the transferor local school board; determining the total taxable value of the property of the transferor district and the taxable value of the property to be transferred; and calculating the portion of the indebtedness of the transferor local school board for which the transferred portion retains liability. 53G-3-502(4) The agreement reflecting these determinations takes effect upon being filed with the state board. The transferred property remains subject to the levy of taxes to pay a proportionate share of the outstanding indebtedness of the transferor local school board. The transferee local school board may assume the obligation to pay the proportionate share of the transferor local school board’s indebtedness that has been determined under Subsection (3) to be the obligation of the transferred portion by the approval of a resolution by a majority of the qualified electors of the transferee school district at an election called and held for that purpose under Title 11, Chapter 14, Local Government Bonding Act. 53G-3-502(5) If the transferee school district assumes the obligation to pay this proportionate share of the transferor local school board’s indebtedness, the transferee local school board shall levy a tax in the whole of the transferee district, including the transferred portion, sufficient to pay the assumed indebtedness, and shall turn over the proceeds of the tax to the business administrator of the transferor local school board. 53G-3-502(6) If the transferee local school board does not assume this obligation, the transferee local school board shall levy a tax on the transferred territory sufficient to pay the proportionate share of the indebtedness determined under this section, and shall turn over the proceeds of the tax to the business administrator of the transferor local school board. 53G-3-502(7) For the purposes of school districts affected by repealed laws governing the annexation of an unincorporated area of a school district by a city which included what was formerly known as a city school district, transitions of unincorporated areas and property from the transferor district to the transferee district in progress on the effective date of this act shall revert to the boundaries and ownership prior to the initiation of annexation and may then proceed under this section and Section 53G-3-501.

53G-3-503 - Additional levies in transferred territory — Transferee local school board option to abolish or continue.

If two or more districts undergo restructuring that results in a district receiving territory that increases the population of the district by at least 25%, and if the transferred territory was, at the time of transfer, subject to an additional levy under Section 53F-8-301 , the local school board of the transferee district may abolish the levy or apply the levy in whole or in part to the entire restructured district. Any such levy made applicable to the entire district may continue in force for no more than five years, unless approved by the electors of the restructured district in the manner set forth in Section 53F-8-301 .