2006 Utah Code - 53A-2-118.1 — Option for school district creation.

     53A-2-118.1.   Option for school district creation.
     (1) After conducting a feasibility study, a city of the first or second class, as defined under Section 10-2-301, may by majority vote of the legislative body, submit for voter approval a measure to create a new school district with boundaries contiguous with that city's boundaries, in accordance with Section 53A-2-118.
     (2) (a) By majority vote of the legislative body, a city of any class, a town, or a county, may, together with one or more other cities, towns, or the county 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.
     (b) In accordance with Section 53A-2-118, interlocal agreement participants under Subsection (2)(a) may submit a proposal for voter approval if:
     (i) the interlocal agreement participants conduct a feasibility study prior to submitting the proposal to the county;
     (ii) the combined population within the proposed new school district boundaries meets the minimum population threshold for a city of the second class; and
     (iii) the new school district boundaries:
     (A) are contiguous;
     (B) do not completely surround or otherwise completely geographically isolate a portion of an existing school district that is not part of the proposed new school district from the remaining part of the existing school district;
     (C) include the entire boundaries of any participant city or town; and
     (D) do not cross county lines.
     (c) (i) A county may only participate in an interlocal agreement under this Subsection (2) for the unincorporated areas of the county.
     (ii) Boundaries of a new school district created under this section may include a portion of the unincorporated area of the county, including a portion of a township.
     (3) If a proposal under this section is approved by voters:
     (a) transfer of school district property and indebtedness to a newly created school district shall be handled in accordance with Sections 53A-2-120 and 53A-2-121;
     (b) transferred employees shall be treated in accordance with Sections 53A-2-116 and 53A-2-122; and
     (c) within one year after creation of the new district, the superintendent of the previously existing district or districts affected and the superintendent of the new district shall meet, together with the Superintendent of Public Instruction, to determine if further boundary changes should be proposed in accordance with Section 53A-2-104 or Subsection 53A-2-118(2).

Enacted by Chapter 183, 2006 General Session