Legal Status

Political Subdivision of the State of Utah.

The Weber School District is a political subdivision of the State of Utah and entitled to the full extent of sovereign immunity of the State.

Utah Constitution, Article XI, Section 8

Martinez v. Board of Education of Emery County School District, 724 F. Supp. 857 (D. Utah 1989)

Body Corporate

The Board of Education is a body corporate under the name of the Board of Education of Weber School District and has an official seal used in the authentication of all required matters. The Board may sue and be sued, and may take, hold, lease, sell, and convey real and personal property as the interests of the school may require.

Utah Code 53A-3-401

Promote Education

The Board has the legal power and duty to do all things necessary for the maintenance, prosperity and success of the schools and the promotion of education and to exercise all powers given by statute.

Utah Code 53A-3-402(20)

Govern

It is the province of the Board of Education to determine what things are detrimental to the successful management, good order, and discipline of the schools and the rules required to produce these conditions.

Beard v. Board of Education, 16 P.2d 900 (Utah 1932)

Adopt Rules

Adopt such rules, regulations, policies, and bylaws for control and management of the district schools. These shall be in writing, filed, and referenced for public access.

Utah Code 53A-3-402

Set Tax Rates

Establish tax rates each year prior to June 22 and submit the proposed rate to the Weber County commissioners.

Utah Code 53A-16-106

Evaluate Progress

Use progress-based assessment as part of a plan to identify schools, teachers, and students than need remediation. Develop early warning systems for students failing to make progress. Establish a library of documented best practices. Implement training programs for school administrators.

Utah Code 53A-3-402 

Annual Budget

Prepare, adopt, and file a budget for the next succeeding fiscal year with the Weber County commissioners prior to June 22 of each year.

Utah Code 53A-16-106

Spend minimum school program fund for programs and activities for which the State Board of Education has established minimum standards or rules.

Utah Code 53A-3-402

Federal Programs

Administer and implement federal educational programs in accordance with Title 53A, Chapter 1, Part 9, Implementing Federal Programs Act.

Utah Code 53A-3-402

Annual Audit

Have District fiscal accounts audited by an independent auditor and filed with the USOE by October 1.

Utah Code 53A-3-404

Bequests

Receive bequests and donations or other monies or funds which are made for educational purposes.

Utah Code 53A-1-406

Eminent Domain

Exercise the right of eminent domain to acquire property.

Board of Education of South Sanpete School District v. Barton, 617 P.2d 347 (Utah 1980)

Property Titles

Hold all rights and titles to the school property of the District, whether real or personal.

Utah Code 53A-3-401

Employ Personnel

Employ by contract a superintendent, principals, teachers, or other executive officers and set salary schedules therefore.

Utah Code 53A-3-411

Weber School District does not discriminate on the basis of handicap in its educational programs, activities and employment practices as required by Section 504 of the Rehabilitation Act of 1973. Neither does the Board policy advocate, permit or practice discrimination on the basis of race, creed, color, national origin, religion, age, sex or any other condition as required by various state and federal laws. Equal opportunity is a priority of the Board.

Close Schools

Close the schools or suspend operation if necessary.

Allen v. Board of Education Weber School District, 236 P.2d 756 (Utah 1951)

Core Curriculum

Implement the core curriculum and administer tests required by the State Board of Education.

Utah Code 53A-3-40

Emergency Response Plan

Adopt and implement a comprehensive emergency response plan to prevent and combat violence in its schools.

Utah Code 53A-3-402

Traffic Safety Committee

Establish for each school year a school traffic safety committee.

Utah Code 53A-3-402

Indemnification

Indemnification of Board member shall be defended, held harmless and indemnified against all demands, claims, suits, actions, and legal proceedings brought against them while acting in their official capacities as members of the Board of Education

Approved by the Board 10/04/2006