§ 20A-14-202 — Local boards of education -- Membership -- When elected -- Qualifications -- Avoiding conflicts of interest.

(1) (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.

Legislative History

Amended by Chapter 265, 2022 General Session