Utah Code 20A-14-202. Local boards of education — Membership — When elected — Qualifications — Avoiding conflicts of interest
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Terms Used In Utah Code 20A-14-202
- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Municipality: means a city or town. See Utah Code 20A-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
- Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section
20A-1-201 . See Utah Code 20A-1-102- Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vacancy: means :
(75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or(75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102- Voter: means an individual who:
(79)(a) meets the requirements for voting in an election;(79)(b) meets the requirements of election registration;(79)(c) is registered to vote; and(79)(d) is listed in the official register book. See Utah Code 20A-1-102(1)(a) The board of education of a school district with a student population of less than 10,000 students comprises five members.(1)(b) The board of education of a school district with a student population of 10,000 or more students but fewer than 50,000 students comprises seven members.(1)(c) Before January 1, 2023, the board of education of a school district with a student population of 50,000 or more students comprises seven members.(1)(d) Beginning on January 1, 2023:(1)(d)(i) the board of education of a school district with a student population of 50,000 or more students but fewer than 100,000 students:(1)(d)(i)(A) except as provided in Subsection (1)(d)(i)(B), comprises seven members; or(1)(d)(i)(B) comprises nine members if the board of education of the school district, by majority vote, increases the board to nine members; and(1)(d)(ii) the board of education of a school district with a student population of 100,000 or more students comprises nine members.(1)(e) Student population is based on the October 1 student count submitted by districts to the State Board of Education.(1)(f) If the number of members of a local school board changes under Subsection (1)(b), (c), or (d), the county or municipality, as applicable, shall redistrict and hold elections as provided in Sections 20A-14-201 and 20A-14-203.(1)(g) Notwithstanding Subsections (1)(a) through (d), a school district with a seven-member or nine-member board does not decrease in size, regardless of subsequent changes in student population.(1)(h)(1)(h)(i) Members of a local board of education shall be elected at each regular general election.(1)(h)(ii) Except as provided in Subsection (1)(h)(iii), in a regular general election year:(1)(h)(ii)(A) no more than three members of a local board of education may be elected to a five-member board;(1)(h)(ii)(B) no more than four members of a local board of education may be elected to a seven-member board; and(1)(h)(ii)(C) no more than five members of a local board of education may be elected to a nine-member board.(1)(h)(iii) A number of members, in excess of the maximums described in Subsection (1)(h)(ii), may be elected only when required due to redistricting, to fill a vacancy, or to implement Subsections (1)(b) through (d).(1)(i) One member of the local board of education shall be elected from each local school board district.(2)(2)(a) An individual seeking election to a local school board shall have been a resident of the local school board district in which the person is seeking election for at least one year immediately preceding the day of the general election at which the board position will be filled.(2)(b) A person who has resided within the local school board district, as the boundaries of the district exist on the date of the general election, for one year immediately preceding the date of the election shall be considered to have met the requirements of this Subsection (2).(3) A member of a local school board shall:(3)(a) be and remain a registered voter in the local school board district from which the member is elected or appointed; and(3)(b) maintain the member’s primary residence within the local school board district from which the member is elected or appointed during the member’s term of office.(4) A member of a local school board may not, during the member’s term in office, also serve as an employee of that board.