New member of ed board resigns over residency rules

A newly elected member of the Utah State Board of Education, Kyle Bateman of Provo, District 13, has resigned due to residency issues.

In a letter to the board chairman, Bateman explained his company purchased a home in Mapleton that is outside District 13. Bateman intends to finish the home, live in it for a time, then sell it when market conditions are better. Meanwhile, he is maintaining his Provo residence so he can move back there eventually.

Bateman said he believed his Provo house counted as his main residence but since learned otherwise. He states in an e-mail he wants to "comply with the law according to my best knowledge and understanding."

Because Bateman withdrew his candidacy before the election canvass, it means the seat will be filled by his opponent Mark Openshaw, according to Mark Thomas, office administrator for the lieutenant governor's office.

Board member Kim Burningham questioned the timing and intent of Bateman's withdrawal.

If Bateman had resigned after the canvass, the decision for appointing a person to fill the seat would have gone to the governor.

"I think what you have is a power play," Burningham said. He alludes to intentions of stacking the board with people who are pro-voucher.

However, Bateman stated there is no conspiracy in his actions.

Neither Openshaw nor Bateman returned phone calls to the Deseret News.

Tom Gregory, of Provo, who represents District 13 until the end of the year, did not run for re-election.

A former legislator who is pro-voucher, plus one person affiliated with charter schools, will join the 15-member board in January.

The majority of the board spoke out last year against legislation that would implement a voucher program to allow state funding for families with children attending private schools. The public voted to defeat a voucher referendum in November 2007.

New people on the board are a result of choices made by the governor's nominating selection committee, which some education officials have accused of being voucher-friendly. The committee is composed of five education representatives and five business representatives.

Board member Teresa Theurer and board chairman Richard Sadler were not chosen by the committee.

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