The A.G.'s opinion may influence city and county officials as they decide this month whether to put plans to divide the Jordan and Granite school districts before voters this fall.
But it did not convince at least one west-side mayor that challenging the law would be futile.
"The attorney general also had an opinion on school vouchers that the [the Utah Supreme Court] disagreed with him on," Taylorsville Mayor Russ Wall said. "Attorneys give opinions for people they work for. That's why they call it an opinion."
The law in question allows cities to join forces to create their own school district if the majority of residents in the new district's boundaries agree. Taylorsville and other west-side cities that object to efforts to split Jordan and Granite to form new east-side districts are considering challenging a provision in the law that allows only those residents who would be in the new districts to vote to split off. Because residents remaining in the old districts would have no say but could see their taxes rise after new districts form, critics believe the law violates the equal protection clause of the 14th Amendment.
A special session wouldn't touch on this issue, but instead would enable minor technical changes to the law. It also would enable lawmakers to present legislation they would like passed before district splits go before voters that would equalize school building funding across counties or the state.
Rep. Greg Hughes and Sen. Howard Stephenson, both Draper Republicans, say equalizing funding would alleviate west-side residents' concerns that their taxes would increase after districts split because they'd have to build more schools to accommodate west-side population growth without the help of east-side taxpayers who would be in new districts where growth is stable or declining.
Gov. Jon Huntsman Jr. will consider calling a special session if lawmakers have a consensus proposal, spokeswoman Lisa Roskelley said.
But he is unlikely to call for a special session without the support of legislative leaders, who seem to support minor amendments to the district division law but are wary of the equalization plan.
The plan is not yet well-defined and could be controversial if residents in areas that aren't growing don't want their property taxes used to build new schools elsewhere.
House Speaker Greg Curtis said lawmakers need to do more work before leaders consult with the governor on a special session.
"Until we have a consensus on the solutions, it is premature to have a special session."
He said many House members aren't willing to convene over an issue that appears to be confined to Salt Lake County. On the other hand, a statewide solution will likely be overly complex to tackle in a special session.
Stephenson favors distributing school-building property taxes across the state because booming Utah County still could see tax increases if funds were shared only countywide. But countywide equalization could be the best quick-fix for Jordan and Granite patrons, he said.
Stephenson conceded he needs a consensus before proceeding. "We need to get a bill that has general agreement among both the House and the Senate."
Regardless of whether Huntsman calls a special session, a lawsuit appears unstoppable.
In a different analysis, a Jordan district attorney previously concluded that letting only some voters create a new district and dissolve the current school board "likely violates" the 14th Amendment.
"Because there are those competing legal opinions, this issue likely will need to be decided by a court or a judge," Jordan Superintendent Barry Newbold said.
But Cottonwood Heights Mayor Kelvyn Cullimore, one of the proponents of the Jordan district division, said he was "gratified" the A.G.'s office found the law constitutional and defensible.
"The Legislature worked on this for a long time and I don't think they were irresponsible in setting it up the way they did," he said. "It doesn't mean that someone still won't challenge it."
nstricker@sltrib.com,
jlyon@sltrib.com
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* GLEN WARCHOL contributed to this story.
