West side to challenge district-split law

City leaders on Salt Lake County's west side are preparing to take legal aim at the Utah Legislature over the constitutionality of a law that allows cities to break away from large school districts and form smaller ones.

Several west-side officials contend that SB30, passed during the 2007 legislative session, is unconstitutional under the 14th Amendment's guarantee of one man, one vote. Under the state law, only voters in cities proposing to split from a school district would vote on the issue, though those remaining in the district could also be significantly impacted.

A coalition of west-side cities is being formed to prevent or delay such a vote until the issue of constitutionality and other concerns are addressed.

"(The goal) is to have the court declare the law unconstitutional," said Riverton Mayor Bill Applegarth. "When the court looks at a law that's unconstitutional, (it) can throw the whole law out or mandate certain things that would make the law constitutional."

One possible mandate, Applegarth said, would be for the court to direct the Salt Lake County clerk to prepare the ballot for all cities impacted by school-district splits.

Alta, Cottonwood Heights, Draper, Midvale, Sandy and areas of Salt Lake County are proposing to break off from the Jordan School District, leaving west-side cities West Jordan, South Jordan, Riverton, Herriman and Bluffdale as the remaining district. If the east-side cities split, West Jordan is expected to form its own district within its city boundaries.

The Taylorsville City Council is expected to vote tonight on whether to allocate money for a legal fight over its residents' right to vote if Holladay, South Salt Lake and portions of Salt Lake County get a split from the Granite School District on the ballot.

Taylorsville Mayor Russ Wall said attorneys estimate the legal costs at $50,000, a financial burden he hopes will be shared with other west-side cities that stand to be affected by the proposed splits.

On Tuesday night, the South Jordan City Council unanimously directed staff to schedule a public hearing about whether city funds should be used for legal costs of the coalition. City officials estimate South Jordan's portion of the cost would be less than $15,000.

Earlier Tuesday, the Salt Lake County Council discussed the possibility of putting questions on the ballot to split both the Granite and Jordan school districts.