53G-3-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

As used in this chapter:

(1)"Allocation date" means:

(a)July 1 of the second calendar year following the local school board election date as described in Section 53G-3-302 ; or

(b)another date to which the new local school board and reorganized school board agree.

(2)"Creation date" means the date on which voters approve the creation of a new school district under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 .

(3)"Divided school district" means:

(a)an existing school district from which a new school district is created under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 ; and

(b)an existing school district from which a reorganized new school district is created.

(4)"Feasibility study" means a study:

(a)that one of the following conducts:

(i)a school district, municipal legislative body, or interlocal agreement participants; or

(ii)the Office of the Legislative Auditor General, subject to prioritization by the Legislative Audit Subcommittee; and

(b)to determine:

(i)the financial viability for a new school district and reorganized new school district that is contained within the boundaries of a divided school district;

(ii)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

(iii)the impact of the tax burden on taxpayers within the boundaries of the proposed new school district.

(5)"Interlocal agreement participant" means a public agency, as that term is defined in Section 11-13-103 , that enters into an agreement with one or more other public agencies for the purpose described in and in accordance with Title 11, Chapter 13, Interlocal Cooperation Act .

(6)"Isolated area" means an area that:

(a)is entirely within the boundaries of an existing school district;

(b)is contiguous to the proposed new school district;

(c)has a combined student population of fewer than 5,000 students; and

(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.

(7)"Municipality" means the same as that term is defined in Section 10-1-104 .

(8)"New school district" means a school district created under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 .

(9)"Public hearing" means the same as that term is defined in Section 10-20-102 .

(10)"Reorganized new school district" means the remaining portion of the divided school district after voters approve the creation of a new school district under Section 53G-3-301.1 , 53G-3-301.3 , or 53G-3-301.4 , when:

(a)the entire geographical area of the reorganized new school district is not included in a proposal for the new school district; or

(b)the entire geographical area of the reorganized new school district is:

(i)included in a proposal for a new school district that voters do not approve; and

(ii)within the boundaries of an existing district that contains an area that is included in the new district for which voters approve the creation.

Amended by Chapter 16 , 2025 Special Session 1