HB0428S02 | Public Education Governance and Appeals

Description
General Description: 

This bill addresses authority of the State Board of Education over the public education system and certain local school board appeals.

Highlighted Provisions: 

This bill establishes the Public Education Appeals Panel (panel) to decide appeals regarding certain local school board decisions and policies; establishes a right for parents representing a certain percentage of total enrollment within a local education agency to submit an appeal to the panel; allows certain rulings, including:
• requiring a local school board to seek state board ratification of a modified decision or policy; or
• revoking a local school board's authority over a school district and assigning management of the school district to another local school board or the state board for a period of time;

Bill Details
Year: 
2021
Status: 
House/ filed
Last Action: 
Mar 05, 2021
Sponsor
Representative
Republican - District 8
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Oppose
Impact on Children: 

This bill allows the vocal minority to potentially overturn decisions made by a majority elected body and is a threat to our democratic republic form of government.

Commission: 
Education
Utah PTA Public Policy Program
National PTA and Utah PTA Position Statements: 

Utah PTA Poistion Statement on HB 428 Public Education Governance and Appeals

Based upon the following principles found within the Utah PTA Public Policy Program, Utah PTA is opposed to HB 428 Public Education Governance and Appeals. We are concerned that this bill is a threat to the democratic republic form of government that our nation is built upon. This bill allows the vocal minority to potentially overturn decisions made by a majority elected body. Constituents need to be engaged and involved in the process and have the opportunity to voice public comment during school board meetings and in direct conversations with their elected representatives. This bill bypasses the voters and turns decisions over to a Public Education Appeals Panel of appointed members. Utah PTA encourages our membership to be actively engaged and involved in all levels of governance as we advocate for children.

"The Utah PTA is a non-profit, grassroots, child advocacy association made up of parents, teachers, and students. The legislative program of the Utah PTA is derived from the work of PTA in home, school, and community. PTA efforts “to secure adequate laws for the care and protection of children and youth” are based upon: (1) the recognition of the home as the foundation of our society; (2) parental involvement as an essential component of all policy-making processes pertaining to children; (3) the observance and understanding of the rights and obligations of responsible citizenship and ethical government; and, (4) the realization that maintaining a free and public education system is a cornerstone of democracy—that the Utah Public Education System is created in the state Constitution to “secure and perpetuate” freedom.

General Principles for Consideration of Proposed Legislation:
1. Equity in the form of equal justice, privileges, opportunities, and responsibilities in every phase of life for all children and youth, while recognizing that    each child is unique with individual needs and talents.
2. High standards for those who work in all areas concerned with children and youth.
3. Coordination and planning by all agencies with clear definition of responsibility at each level of government.
4. Prioritizing the needs of all children and youth, while adhering to fiscal responsibility in government.
5. Maximum local control when it serves the best interest of all children and youth."

The Utah PTA Public Program is the primary authority for public policy action and statements by Utah PTA on state and local legislation and administrative policies and regulations.