UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

 

1st Reading

3/13/07

New

 

2nd Reading

3/13/07

Revised

X

Approved

3/13/07

Substitute

 

 

 

002.0100          BOARD LEGAL STATUS: POWERS AND DUTIES

 

COMBINES AND REPLACES 002.0100 BOARD LEGAL STATUS: POWERS AND DUTIES (APPROVED 1/10/95) AND 002.0410 MEMBERSHIP OF THE BOARD (APPROVED 10/17/85)

 

1.0  LEGAL STATUS

1.1  The School District is an instrumentality of the State of Utah acting in its behalf in educating children.

Campbell v. Pack, 389 P.2d 464 (Utah 1964)

Harris v. Tooele County School District

471 F.2d 218 (10th Cir. 1973)

1.2      The School District is an arm of the State of Utah and is “entitled to partake in Utah’s Eleventh Amendment Immunity” from suit by citizens of the State of Utah in federal courts. Martinez V. Board of Education of Emery County School District, 724 F. Supp. 857 (D.Utah 1989)

2.0  PROMOTE EDUCATION

The Board has the legal power and duty to do all things necessary for the maintenance, prosperity, and success of the schools and for the promotion of education and to exercise all power given by statute. The Board’s legal powers and duties include the actions set forth in this policy, but are not necessarily limited to the listed powers and duties.

Utah Code Ann. Sec 53A-3-402 (20) (2005 (1st S.S.))

3.0  GOVERN

The Board of Education recognizes that under Utah law “it is the province of the Board of Education to determine what things are detrimental to the successful management, good order, and discipline of the schools and the rules required to produce these conditions.”

 Beard v. Board of Education, 16 p.2d 900 (Utah 1932)

4.0  ADOPT RULES

Adopt such rules, regulations, and by-laws as the Board may deem proper for the operation of the Board and for the control and management of the District’s schools.

Utah Code Ann. Sec. 53A-402 (14), (15) (2005 (1st S.S))

5.0  LEVY TAXES

Establish tax rates each year and submit the proposed rate to the county legislative body in which the District is located according to statutory procedures.

                                          Utah Code Ann. § 53A-16-106 (1994)

                                          Utah Code Ann. § 53A-16-107 (1999)

                                          Utah Code Ann. § 53A-16-108 (1993)

                                          Utah Code Ann. § 53A-16-110 (2004)

                                          Utah Code Ann. § 53A-16-111 (1988)

6.0  ANNUAL BUDGET

Prepared, adopt, and file a budget for the next succeeding fiscal year with the county legislative body in which the District is located as required by statute.

                                          Utah Code Ann. § 53A-16-106 (1994)

7.0  BEQUESTS

Receive bequests and donations or other monies or funds which are made for educational purposes.

                                          Utah Code Ann. § 53A-3-402(12) (2005 (1st S.S.)

8.0  ACQUISITION AND OWNERSHIP OF PROPERTY

Acquire and hold real and personal property in the name of the District, inclusive of all rights and titles, and lease and lease with an option to purchase property. The Board of Education has the direction and control of all school property in the district.

9.0  EMINENT DOMAIN

Exercise the right of eminent domain to acquire property.

Board of Education of South Sanpete School District v. Barton, 617 P.2d 347 (Utah 1980).

Olsen v. Board of Education of the Granite School District, 571 P.2d 1336 (Utah 1997).

10.0          EMPLOY PERSONNEL

Employ by contract a Superintendent, Business Administrator, principal(s), teacher(s), or other executive officer(s) and set salary schedules therefore.

                                    Utah Code Ann. § 53A-3-411 (2005)

Utah Code Ann. § 53A-3-301 (2003)

Utah Code Ann. § 53A-3-302 (1999)

11.0          CLOSE SCHOOLS

Close schools or suspend operation of schools as determined to be appropriate by the Board of Education.

Allen v. Board of Education Weber County School district 236 P.2d 756 (Utah 1951)

Save Our Schools v. Board of Education of Salt Lake City, 2005 UT 55

12.0          SUE AND BE SUED

Sue and be sued in the name of the District.

                                    Utah Code Ann. § 53A-3-401 (3) (1988)

13.0          FULFILL OTHER STATUTORY DUTIES AND EXERCISE OTHER STATUTORY POWERS

The Board also has the duty to comply with such other duties as are set forth in the laws and regulations of Utah and the United States, and also may exercise the powers and authorities established by such laws and regulations.

14.0          SOLICITING INPUT ON POLICIES FROM EMPLOYEES

It is the desire of the Board to create an atmosphere of trust and cooperation between it, the administration, and the employees of the District.  In advance of adopting a policy which affects employees, the Board shall solicit comments from a representative of the group affected by a policy and consider any comments submitted prior to adopting the policy.