Board and District Legal Status
Policy Revised: 3-14-12 (Combined Policies AA, BA, BB, BBA, andBCG)
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 Code53A-3-401
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.UtahCode20A-14-202
The South Sanpete Board of Education makes educational policy for the public schools inthelocalcommunitiesandshallserveasthefinalappealbodyinschooladministrative 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 UtahlawandtheUtahConstitution.TheBoard’spowersanddutiesinclude:
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.
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 53A-3-402(20)
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.
- Annual Budget
The Board is responsible to over see, adopt, and file a budget for the next succeeding fiscal year with the County as required by statue.
The Board accepts donations and bequests or other monies or funds that are made for educational purposes. Utah Code 53A-3-402(12)
- Acquisition and Ownership of Property (EminentDomain)
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. UtahCode53A-3-401(3)
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 53A-3-(301, 302, and411 The Board also determines the compensation received by each Board Member. Utah Code53A-3-302
- School Board Member
For the purpose of Utah Retirement systems (URS) coverage, the School District classifies all elected officials (School Board) as part-time. Eligibility for retirement coverage under Utah Retirement Systems shall be administered in accordance with the statutory rules governing Utah Retirement Systems.
- School Closures
The Board has the authority to close or suspend operation of schools.
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 Code53A-3-401(3)
- 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 53A-3“Local School Boards”and UT Adm.Code R277