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Board and District Legal Status 

Policy Revised: 3-14-12 (Combined Policies AA, BA, BB, BBA, and BCG) Revised: 5-13-15, 5-10-23

Philosophy

As provided by Utah law, the Board of Education of South Sanpete School District (hereafter, the Board) is a body corporate, and has an official seal conformable to its name. Utah Code 53G-4-401

The South Sanpete School District is a political subdivision of the State of Utah. Utah Constitution XI, Section 8

The Board of Education of South Sanpete School District consists of five members. If the student population of the District hereafter increases to 10,000 or more students, as reported to the State Office of Education in the October 1 student count, the number of members on the Board shall increase to seven members and shall remain at seven members despite subsequent changes in student population. Utah Code 20A-14- 202

Policy

The South Sanpete Board of Education makes educational policy for the public schools in the local communities and shall serve as the final appeal body in school administrative matters. The Board of Education of South Sanpete School District is a representative body elected by the citizens of South Sanpete to provide for and oversee the operation of public schools in South Sanpete School District. The District policies and procedures that are established outline the methods under which the Board fulfills its duty under Utah law and the Utah Constitution. The Board’s powers and duties include:

  1. Governance
    Under Utah Law, it is the province of the Board of Education to determine what things are necessary for the successful management, good order, and discipline of the schools and the rules required to produce these conditions.
  1. Policies
    The Board is responsible to adopt policies, rules, regulations, and bylaws, as they deem necessary for the proper operation of the Board and for the maintenance, prosperity, and success of the District’s schools and the promotion of education. Utah Code 53G-4-402 (20)
  1. Taxes
    The Board has the power to levy taxes and establish tax rates each year and submit such rates to the County according to statutory procedures. Utah Code 53F-8-201
  1. Annual Budget
    The Board is responsible to oversee, adopt, and file a budget for the next succeeding fiscal year with the governing body as required by statue. Utah Code 53G-7-302
  1. Donations
    The Board accepts donations and bequests or other monies or funds that are made for educational purposes. Utah Code 53G-4-402 (12)
  1. Acquisition and Ownership of Property (Eminent Domain)
    The Board of Education has the right and responsibility to acquire and hold real and personal property in the name of the District, inclusive of all rights and titles, and lease with an option to purchase property. The Board of Education has the direction and control of all school property in the District and has the right to exercise Eminent Domain to acquire property. Utah Code 53G-4-401 (4)
  1. Personnel
    The Board is responsible to employ by contract Superintendent, Business Administrator, Principal(s), teacher(s), and other personnel as needed and set their salaries. Utah Code 53G-4-301, 302, 304 The Board also determines the compensation received by each Board Member. Utah Code 53G-4-204
  1. School Board Member
    For the purpose of Utah Retirement systems (URS) coverage, the School District classifies all elected officials(SchoolBoard)aspart-time. For employees holding positions with the South Sanpete School District as elected officials or appointive officers, eligibility for URS Retirement benefits is to be based on the following:
    • Those having earned URS retirement service credit prior to July 1, 2011 are considered Tier 1, and their eligibility is based on meeting the monthly Minimum Earnings Requirements as dictated by URS.
    • Those not having earned URS retirement service credit prior to July1, 2011, are considered Tier 2, and are determined by the South Sanpete School District to be part-time ineligible for retirement benefits.
  1. School Closures
    The Board has the authority to close or suspend operation of schools.
  1. Lawsuits
    The Board may sue or be sued in the name of the District. The Board shall, as the need arises, retain an attorney or law firm whose primary function shall be to provide professional legal counsel and representation to the Board and Superintendent. Utah Code 53G-4-401
  1. 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. Any and all applicable Constitutional and statutory requirements under the laws of the U.S. or the State of Utah are hereby part of the District policies. Those laws shall supersede any information contained herein that is in conflict with such laws.

References: Utah Code 53G-4 “Public Education System—Local
Administration” and UT Adm. Code  R277

pdfPolicy_BA.pdf