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Policies By Article

1100 - Board Legal Status, Powers, Duties, and Responsibilities

  1. PURPOSE AND PHILOSOPHY
    The District was established by the state legislature, under the authority contained in the Utah State Constitution, for the sole purpose of providing an education to the students of the District. While the establishment of the District also provides other services, such as caring for students during the school day, providing employment to the school staff, and providing facilities for the use of the community, all of these services are necessarily subordinate to the District's prime function of providing an education to students. The Board of Education is elected by the citizens of the community to ensure that this responsibility is accomplished.  The Board of Education, with the concurrence of each individual board member, pledges its best efforts to ensure that the District is governed effectively and efficiently so that the goal of an appropriate and outstanding educational experience is available for all students of the District.  The purpose of this policy is to list the legal status, fiscal responsibilities, and powers and duties of the Weber School District Board of Education.

  2. GENERAL PROVISIONS
    1. Legal Status
      1. 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.1 2
      2. As provided by Utah law, the Board of Education of Weber School District is a body corporate and has an official seal conformable to its name.  A “body corporate” is a public corporation and legal subdivision of the state, vested with the powers and duties of a government entity.3

  3. FISCAL RESPONSIBILITIES
    1. Oversight of the District Internal Control System.
      1. The Board shall ensure, considering guidance in “Standards for Internal Control in the Federal Government,” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission, that District administration establishes, documents, and maintains an effective internal control system for the District.4
    2. Review of Financial Matters
      1. The Board shall develop a process to regularly discuss and review District (1) budget and financial reporting practices, (2) financial statements and annual financial and program reports, (3) financial position, (4) expenditure of restricted funds to ensure District administration is complying with applicable laws, regulations and award terms and conditions, and (5) systems and software applications for compliance with financial and student privacy laws. 5
      2. The Board shall receive the results of required annual audits from the external auditor as required by Utah Admin. Rules R123-5-5. 6
    3. Procurement and Contract Oversight
      1. The Board shall oversee procurement processes, including reviewing the scope and objectives of District contracts or subawards with entities that provide business or educational services to the District and receiving reports regarding the compliance and performance of entities with contracts or subawards with the District. 
      2. The Board shall also ensure that the procurement process for the District’s external auditor complies with Utah Admin. Rules R123-5-4. 
      3. The Board shall also ensure that District administration implements sufficient internal controls over the functions of entities with contracts or subawards to perform services on behalf of the District. 7

  4. POWERS AND DUTIES
    1. 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.  The Board’s legal powers and duties include the actions set forth in this policy but are not necessarily limited to the listed powers and duties. 8
    2. Adopt Policies. Adopt bylaws and policies for control and management of the district schools.  These shall be in writing, filed, and referenced for public access. 9
    3. Set Tax Rates. Establish tax rates each year prior to June 22nd and submit the proposed rate to the Weber County commissioners according to statutory procedures. 10
    4. Annual Budget. Prepare, adopt, and file a budget for the next succeeding fiscal year with the Weber County commissioners prior to June 22nd of each year. 11
    5. Minimum School Program Funds. Spend minimum school program funds for programs and activities for which the State Board of Education has established minimum standards or rules under Utah Code 53E-3-501. 12
    6. Federal Programs. Administer and implement federal educational programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National Education Programs. 13
    7. Bequests. Receive bequests and donations or other monies or funds which are made for educational purposes. 14
    8. Eminent Domain. Exercise the right of eminent domain to acquire property. 15
    9. Acquisition and Ownership of Property
      1. Acquire and hold real and personal property in the name of the District, inclusive of all rights and titles, and lease and lease with an option to purchase property. 
      2. The Board of Education has the direction and control of all school property in the district. 16
    10. Employ Personnel. Employ by contract a superintendent, principals, teachers, or other executive officers and set salary schedules therefore. 17
    11. Close Schools. Close schools or suspend operation of schools or change school attendance area boundaries as determined to be appropriate by the Board of Education after appropriate public notice and hearing as required by statute. 18
    12. Core Curriculum. Implement the core standards and administer tests required by the State Board of Education. 19
    13. Evaluate Progress. Use progress-based assessment as part of a plan to identify schools, teachers, and students that 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. 20
    14. Emergency Response Plan. Adopt and implement a comprehensive emergency response plan to prevent and combat violence in its schools, on school grounds, on school vehicles, and in connection with school-related activities and events. 21
    15. Traffic Safety Committee. Establish for each school year a school traffic safety committee. 22
    16. Sue and be sued. Sue and be sued in the name of the District. 23
    17. Fulfill other statutory duties and exercise other statutory powers. The Board also has the duty to comply with such other duties as are set forth in the laws and regulations of Utah and the United States, and also may exercise the powers and authorities established by such laws and regulations.

1 Utah Constitution, Article XI, Section 8
2 Martinez v. Board of Education of Emery County School District, 724 F. Supp. 857 (D. Utah 1989)
3 Utah Code § 53G-4-401 (2019)
4 Utah Admin. Rules R277-113-6(2) (2025)
5 Utah Admin. Rules R277-113-6(3) (2025)
6 Utah Admin. Rules R277-113-6(4) (2025)
7 Utah Admin. Rules R277-113-6(5), (6), (7) (2025)
8 Utah Code § 53G-4-402(23) (2025)
9 Utah Code § 53G-4-402(17) (2025)
10 Utah Code § 53F-8-201 (2019); Utah Code § 53F-8-202 (2018); Utah Code § 53F-8-402 (2019)
11 Utah Code § 53F-8-201 (2019)
12 Utah Code § 53G-4-402(2) (2025)
13 Utah Code § 53G-4-402(12) (2025)
14 Utah Code § 53G-4-402(14) (2025)
15 Board of Education of South Sanpete School District v. Barton, 617 P.2d 347 (Utah 1980) Olsen v. Board of Education of the Granite School District, 571 P.2d 1336 (Utah 1977).
16 Utah Code § 53G-4-401(4) (2019)
17 Utah Code § 53G-11-202 (2018); Utah Code § 53G-4-301 (2018); Utah Code § 53G-4-302 (2018)
18 Allen v. Board of Education Weber School District, 236 P.2d 756 (Utah 1951); Save Our Schools v. Board of Education of Salt Lake City, 2005 UT 55; Utah Code § 53G-4-402(24) (2025)
19 Utah Code § 53G-4-402(1)(a) and (b) (2025)
20 Utah Code § 53G-4-402(1)(c) through (g) (2025)
21 Utah Code § 53G-4-402(20) (2025)
22  Utah Code § 53G-4-402(19) (2025)
23 Utah Code § 53G-4-401(4) (2019)

Approved: October 2025

Board Power, Board Duties, School Board

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