(1) A new school district may be created from one or more existing school districts, as provided in this chapter.
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Terms Used In Utah Code 53G-3-301

  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Divided school district: means :
         (3)(a) an existing school district from which a new school district is created under Section Utah Code 53G-3-102
  • Feasibility study: means a study:
              (4)(a)(i) conducted by:
                   (4)(a)(i)(A) a school district, municipal legislative body, or interlocal agreement participants before July 1, 2024; or
                   (4)(a)(i)(B) the Office of the Legislative Auditor General, subject to prioritization by the Legislative Audit Subcommittee; and
              (4)(a)(ii) to determine:
                   (4)(a)(ii)(A) the financial viability for a new school district and reorganized new school district that is contained within the boundaries of a divided school district;
                   (4)(a)(ii)(B) the financial impact on a new school district and reorganized new school district that is contained within the boundaries of a divided school district; and
                   (4)(a)(ii)(C) the impact of the tax burden on taxpayers within the boundaries of the proposed new school district. See Utah Code 53G-3-102
  • Isolated area: means an area that:
         (6)(a) is entirely within the boundaries of an existing school district;
         (6)(b) is contiguous to the proposed new school district;
         (6)(c) has a combined student population of fewer than 5,000 students; and
         (6)(d) because of the creation of a new school district from the existing district in which the area is located, would become completely geographically isolated. See Utah Code 53G-3-102
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53G-3-102
  • New school district: means a school district created under Section Utah Code 53G-3-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Reorganized new school district: means the remaining portion of the divided school district after the creation of a new school district under Subsection Utah Code 53G-3-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2) The process to create a new school district may be initiated:

     (2)(a) through a citizens’ petition in accordance with Section 53G-3-301.1;
     (2)(b) at the request of a municipality within the boundaries of the school district in accordance with Section 53G-3-301.3; or
     (2)(c) at the request of interlocal agreement participants in accordance with Section 53G-3-301.4.
(3) Except as provided in Sections 53G-3-301.3 and 53G-3-301.4, a request or petition under Subsection (2) may not form a new school district unless the new school district boundaries:

     (3)(a) are contiguous;
     (3)(b) do not create an isolated area, as defined in Section 53G-3-102; and
     (3)(c) include the entire boundaries of each participant municipality or town.
(4) For each new school district, each county legislative body shall comply with the notice and plat filing requirements of Section 53G-3-203.
(5) If a new school district is created, the new district shall reimburse the reorganized new district’s documented costs to study and implement the proposal in proportion to the student population of each school district.
(6) An inadequacy of a feasibility study, as defined in Section 53G-3-102, may not be the basis of a legal action or other challenge to:

     (6)(a) an election for voter approval of the creation of a new school district; or
     (6)(b) the creation of the new school district.
(7) Notwithstanding the creation of a new district as provided in this part:

     (7)(a) a new school district and a reorganized new school district may not begin to provide educational services to the area within the new school district and reorganized new school district until July 1 of the second calendar year following the local school board election date as described in Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4; and
     (7)(b) the divided school district shall continue, until the time specified in Subsection (7)(a), to provide educational services within the entire area covered by the divided school district.
(8) A new school district and a reorganized new school district shall enter into a shared services agreement that permits students residing in each new school district access to attend a school that serves students with disabilities within or outside of each school district boundary:

     (8)(a) for up to five years;
     (8)(b) for actual costs of services provided to students; and
     (8)(c) without affecting services provided to other students.
(9) The process described in Subsection (2) may not be initiated more than once during any two-year period.

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