The Jordan Board of Education might move next week on what could be an ace in the hole in the school district split controversy.

The board found a wild card in the law that could bring about what it wants most: Let everyone have a vote. But doing that is a gamble. The district actually would have to seek to split itself.

The school board is scheduled to debate Tuesday night whether to petition Salt Lake County to put a district split on the ballot. But the school board wouldn't do anything unless east-side cities move first, board President J. Dale Christensen said.

"What we don't want to do is give an impression that we're asking for a division of the district. We're asking, if the east-side cities choose to do that, that the county step in and with their powers allow all citizens to vote," Christensen said.

But the proposal could put the Salt Lake County Council in a tight spot. Does it have power to say who gets to vote? Would it have to put two identical items on the November ballot, to be decided by two different voter pools? If there are two different outcomes, then what?

Or is this a moot point, because legal hurdles for the district are too high to clear in time for a November election?

Either way, Cottonwood Heights Mayor Kelvyn Cullimore Jr. says the district's proposal is out of bounds.

"Clearly they're not doing this for the purpose the statute was created. They're being disingenuous in their request to divide the district when that is not really their intent," Cullimore said. "I think that makes a mockery of the statute."

The law gives three ways to seek a new district: Through a citizens petition, a request from an existing district, or an interlocal group, which is where the action is now.

East-side cities Alta, Cottonwood Heights, Draper, Midvale, Sandy and Salt Lake County have done a feasibility study about creating their own east-side district separate from Jordan, the state's largest school district. They are expected to vote in mid-July whether to put the question to voters.

But the law says nothing about what would happen if two district split proposals are eligible for the ballot. And that's raising questions with county officials.

"As far as putting it on the ballot, I'm all for that. We definitely want to make the school district smaller," said Salt Lake County Councilman Jeff Allen, whose district includes Sandy and Draper. Still, he said, "I wonder if they both come that way how we are going to handle it. That would require, I would think, an interpretation from our attorneys."

But attorneys are so far stumped.

"The law doesn't give clear direction on many of the issues, and we're working that out with the mayor and the county council," said Dahnelle Burton-Lee, Salt Lake County's chief deputy district attorney.