Please contact your Representative and ask them to VOTE NO on HB 428 Public Education Governance and Appeals
This bill is circled on the House 3rd Reading Calendar and could be voted on at any time to move to the Senate.
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.
This bill allows a minority of constituents to appeal a decision made by the elected school board. The appeal will go to a 5 member appointed body, members are appointed as follows:
(i) one individual whom the state board appoints; (ii) one individual whom the Utah School Superintendents Association appoints; (iii) one individual whom the governor appoints; (iv) one individual whom the speaker of the House of Representatives appoints; and (v) one individual whom the president of the Senate appoints.
The Appeal board will then hold a hearing and can do the following:
272 (a) if the panel finds that the local board's decision or policy is reasonably in the best
273 interest of students, affirm the decision or policy; or
274 (b) if the panel finds that the local board's decision or policy is not reasonably in the
275 best interest of students:
276 (i) require the local board to reverse the decision or policy;
277 (ii) require the local board to:
278 (A) modify the decision or policy; and
279 (B) submit the modified decision or policy to the state board for review and, if the state
280 board determines that the modified decision or policy follows the panel's ruling, approval; or
281 (iii) if the panel, in consultation with the governor, the speaker of the House of
282 Representatives, the president of the Senate, and the chair of the state board, determines that 283 circumstances necessitate:
284 (A) revoke the authority of the local school board; and
285 (B) until the panel and the state board jointly determine that withdrawing the
286 revocation described in Subsection (4)(b)(iii)(A) is in the best interest of the students within
287 the school district, assign all duties and responsibilities of the local school board to another
288 local school board or the state board.
