Section 401 – Local school boards are bodies corporate — Seal — Authority to sue — Conveyance of property — Duty to residents of the local school board member’s district — Establishment of public education foundation.

Effective 5/14/2019
53G-4-401. Local school boards are bodies corporate — Seal — Authority to sue — Conveyance of property — Duty to residents of the local school board member’s district — Establishment of public education foundation.

• (1) As used in this section, “body corporate” means a public corporation and legal subdivision of the state, vested with the powers and duties of a government entity as specified in this chapter.

• (2) The local school board of a school district is a body corporate under the name of the “Board of Education of ………. School District” (inserting the proper name), and shall have an official seal conformable to its name.

• (3) The seal is used by its business administrator in the authentication of all required matters.

• (4) A local school board may sue and be sued, and may take, hold, lease, sell, and convey real and personal property as the interests of the schools may require.

• (5) Notwithstanding a local school board’s status as a body corporate, an elected member of a local school board serves and represents the residents of the local school board member’s district, and that service and representation may not be restricted or impaired by the local school board member’s membership on, or obligations to, the local school board.

• (6) A local school board may establish a foundation in accordance with Section 53E-3-403.

Amended by Chapter 293, 2019 General Session