District-split law likely to stand, says Shurtleff

"This is a legal discussion; it in no way (means) it supports splitting school districts or one side of the issue or another. We were just asked to give our opinion on the constitutionality of a law ... since we're going to have to defend it," Shurtleff said. "If there's going to be a lawsuit, and I think there will be, we basically just told the plaintiffs what the whole defense of the state will be. But there's enough public interest, I think ... that they want to know what the basis for an opinion is."

He said the opinion will be online at attorneygeneral.utah.gov/Opinions_AttorneyGeneral/agiop07-001.htm.

Despite the legal opinion, city leaders on Salt Lake County's west side said they still plan to file a lawsuit to have the law declared unconstitutional if it comes to that. Applegarth and other west-side leaders are waiting to see if Salt Lake County joins in proposed splits from the Jordan and Granite school districts before taking any legal action.

Areas of unincorporated Salt Lake County are needed to make the splits possible. The County Council is expected to vote, at the earliest, at its July 31 meeting whether to join groups breaking away and form smaller school districts.

If the east-side cities put splitting away from the Jordan School District on the ballot, West Jordan is expected to vote to form its own school district. That would leave high-growth areas Riverton, Herriman and Bluffdale as the remaining Jordan School District.

"Riverton, Bluffdale and Herriman won't vote, and yet we're the most financially impacted," Applegarth said. "For us not to be involved in it and not be able to vote on it, how can that be constitutional?"

Taylorsville Mayor Russ Wall said he believes who gets to vote in the proposed splits is just one of the reasons SB30 is unconstitutional.

"The largest issue to me is whether people are going to be given an opportunity to vote knowing what they're voting on," Wall said.

The Taylorsville City Council told the mayor Wednesday night that he had its unanimous support in allocating funds for a lawsuit to challenge the law. Other west-side cities are preparing to take similar action to pool their resources for the legal fight.

Jordan Superintendent Barry Newbold also believes the courts may have to weigh in.

"I believe a fundamental question that still remains is whether or not one citizens group can impact the organization and elected officials of another group of citizens without their say," Newbold said.

The Jordan Board of Education has discussed petitioning to split its own school district, which state law says would allow everyone to vote on the matter. But the board ultimately decided not to do that, and instead be neutral on the issue. Newbold believes the Attorney General's Office opinion won't change that stand.

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