There would be two school boards, certainly, and current members of the Jordan School Board would be divided between them. But would they have to run for office in the new precincts created by the split or be allowed to serve their original terms?

The Salt Lake County District Attorney's Office said Friday that original Jordan board members won't have to run for re-election until 2010 or 2012. Here's why:

When the precincts in the two new districts were created, they came with two- or four-year board seats. Current members will continue to represent their areas, and will serve the two- or four-year terms that come with those precincts beginning this year. Voting for precincts with open seats is scheduled for June 24.

That means Jordan board member Randy Brinkerhoff, for example, whose term would have expired this year, will now serve on the west side board until 2010. He sees the wisdom in the decision.

"They want some continuity, educational history, experience and so forth from school board members that are currently serving," said Brinkerhoff. "The two-year extension will be just be fine. That will be long enough for me to help with the transition and do whatever I can to get the new board members up to speed."

Seats vacated by an incumbent - board member Ellen Wallace, for example, plans to resign - will be filled by appointment by new board members.

The district attorney's opinion clarified SB71, which Utah lawmakers passed in the 2008 session and awarded existing Jordan board members comparable positions on one of the two boards being created to represent the newly divided district. Salt Lake County Clerk Sherrie Swensen sought clarification about whether the board members would have to run for re-election.

In the meantime, Swensen decided to let whoever wanted to run file for office. More than 100 people did. Now, about 40 of them can't run. Anyone who filed for a closed position will have the $25 filing fee refunded.

"It was wonderful, the enthusiasm the candidates expressed," Swensen said. "Some of them will be disappointed, unfortunately. But the law is the law and we have to go forward with the way it was passed."

Tyler Ayres, who filed for a seat on Precinct 6 in the east-side Jordan School District, was disappointed. He said it was frustrating to see the incumbent in his area get a "free pass" on the new board without the input of people who live in the new precinct.

Joseph Schouten also put his name for a seat that is no longer open.

"Well, I'm really disappointed. I thought with the opportunity of a new district split that there would be new ideas and new individuals," said Schouten, who filed for the Precinct 3 seat of what will be the west-side Jordan district. "It was the opportunity to do something for the community, but I'll keep trying."

The two new school boards begin work this July. But the current board will govern the district jointly with them until July 2009. That means some board members will do double duty.

The District Attorney's Office determined also that for any incumbent member who does not want to retain a seat on the new boards, such as in the case of existing board member Ellen Wallace, who wants to resign, the seat will be appointed by new board members.

Election on the open seats for both boards is scheduled for June 24.