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S.B. 138

             1     

CHARTER SCHOOLS AMENDMENTS

             2     
2002 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Howard A. Stephenson

             5      This act modifies provisions related to the State System of Public Education by increasing
             6      the number of charter schools that may be sponsored by the State Board of Education,
             7      modifying requirements pertaining to the enrollment of students in charter schools, and
             8      requiring the State Board of Education through the superintendent of public instruction to
             9      provide technical support to charter schools and persons seeking to establish charter schools.
             10      This act makes technical changes.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          53A-1a-502, as last amended by Chapter 259, Laws of Utah 2001
             14          53A-1a-505, as last amended by Chapter 259, Laws of Utah 2001
             15          53A-1a-506, as last amended by Chapter 259, Laws of Utah 2001
             16          53A-1a-513, as last amended by Chapter 259, Laws of Utah 2001
             17          53A-1a-515, as enacted by Chapter 259, Laws of Utah 2001
             18      ENACTS:
             19          53A-1a-516, Utah Code Annotated 1953
             20      Be it enacted by the Legislature of the state of Utah:
             21          Section 1. Section 53A-1a-502 is amended to read:
             22           53A-1a-502. Authorization -- Creation of charter schools.
             23          (1) (a) The Legislature authorizes the [creation of up to 12 charter schools for the 2001-02
             24      school year] State Board of Education to sponsor up to 18 charter schools.
             25          (b) (i) The [number of charter schools authorized under this section shall be increased by
             26      up to four for the 2002-03 school year, with no further increases in the number authorized under
             27      this Subsection (1) until the program has been thoroughly evaluated by the] State Board of

             28      Education [and a] shall evaluate the charter school program and submit an evaluation report to the
             29      Education Interim Committee by October 31, 2002.
             30          (ii) The report shall include a recommendation [made to the Legislature as to] of whether
             31      or not the program should be expanded further.
             32          [(c) (i) The additional charter schools authorized under Subsections (1)(a) and (b) may be
             33      established only after an applicant:]
             34          [(A) has sought and been denied sponsorship by a local school board under Section
             35      53A-1a-515 ; and]
             36          [(B) subsequently seeks and is granted sponsorship by the State Board of Education under
             37      Section 53A-1a-505 .]
             38          [(ii) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
             39      the State Board of Education shall make a rule providing a timeline that would allow an applicant
             40      denied sponsorship by a local school board to apply for and receive sponsorship approval by the
             41      State Board of Education and begin operating in the same school year as anticipated in its original
             42      application to the local school board.]
             43          [(B) The timeline shall be consistent with the application and approval process set out in
             44      Section 53A-1a-515 .]
             45          (2) Charter schools are considered to be part of the state's public education system.
             46          (3) A charter school may be established by creating a new school or converting an existing
             47      public school to charter status.
             48          Section 2. Section 53A-1a-505 is amended to read:
             49           53A-1a-505. Sponsors of charter schools -- Application process.
             50          (1) An applicant for a charter school shall seek sponsorship of its charter from the State
             51      Board of Education, except as otherwise provided in Section 53A-1a-515 .
             52          (2) (a) (i) The applicant shall also provide a copy of the application to the local school
             53      board of the school district in which the proposed charter school shall be located either before or
             54      at the same time it files its application with the state board.
             55          (ii) The local board shall review the application and may offer suggestions or
             56      recommendations to the applicant or the state board prior to its acting on the application.
             57          (iii) The state board shall give due consideration to suggestions or recommendations made
             58      by the local school board under Subsection (2)(a)(ii).

             59          (b) The State Board of Education shall review and, by majority vote, either approve or
             60      deny the application within 60 days after the application is received by the board.
             61          (c) The state board's action under Subsection (2)(b) is final action subject to judicial
             62      review.
             63          (3) (a) The applicant and the state board shall set forth the terms and conditions for the
             64      operation of the charter school in a written contractual agreement.
             65          (b) The contract is the school's charter.
             66          [(4) The State Office of Education and the school district in which the school is to be
             67      located may provide technical assistance to an applicant upon written request.]
             68          Section 3. Section 53A-1a-506 is amended to read:
             69           53A-1a-506. Eligible students.
             70          (1) All resident students of the state qualify for admission to a charter school, subject to
             71      the limitations set forth in this section.
             72          (2) (a) A charter school shall enroll an eligible student who submits a timely application,
             73      unless the number of applications exceeds the capacity of a program, class, grade level, or the
             74      school.
             75          (b) [(i)] If the number of applications exceeds the capacity of a program, class, grade level,
             76      or the school, [then] students shall be selected on a random basis except [that] the school may give
             77      preference to:
             78          (i) a student of a parent who has actively participated in the development of the school
             79      [and to];
             80          (ii) siblings of students presently enrolled in the school[.];
             81          [(ii)] (iii) [The school may give preference to] students who reside within the school
             82      district in which the school is located[.]; and
             83          (iv) students who best meet the curriculum standards and requirements of the school.
             84          (c) When a public school converts to charter status, the school shall give enrollment
             85      preference to students who would have otherwise attended it as a regular public school.
             86          (3) A charter school may not discriminate in its admission policies or practices on the same
             87      basis as other public schools may not discriminate in their admission policies and practices.
             88          Section 4. Section 53A-1a-513 is amended to read:
             89           53A-1a-513. Funding for charter schools.

             90          (1) (a) A student enrolled in a charter school is considered a resident student of the school
             91      district in which the school is located for purposes of state funding, including, but not limited to,
             92      monies the student would generate as a result of qualifying for such programs as special education,
             93      students at risk, and gifted and talented.
             94          (b) (i) The State Board of Education shall adopt rules to provide:
             95          (A) that the school district in which a charter school student resides shall pay to the school
             96      district in which the charter school is located 1/2 of the amount by which the resident district's per
             97      student expenditure exceeds the value of the state funding under Subsection (1)(a); and
             98          (B) for the distribution of monies to charter schools under this section.
             99          (ii) The rules adopted pursuant to Subsection (1)(b)(i)(A) that require 1/2 rather than all
             100      of the amount take into account state school funding laws that require certain local moneys to
             101      remain within the resident district.
             102          (c) The Legislature shall provide an appropriation for charter schools for each of their
             103      students equal to the lesser of 1/2 of the statewide school district average per student expenditure
             104      in excess of state funding under Subsection (1)(a) or 1/2 of the amount by which the resident
             105      district's per student expenditure exceeds the value of the state funding under Subsection (1)(a) to
             106      supplement the local monies received by a charter school under Subsection (1)(b)(i)(A).
             107          (d) If a charter school is providing eligible programs or services to eligible students funded
             108      by federal monies, any eligible student enrolled in a charter school in the school district shall
             109      receive federal monies for the same level of service provided students in the schools operated by
             110      the local school board.
             111          (2) (a) The board shall also adopt rules relating to the transportation of students to and
             112      from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
             113          (b) The governing body of the charter school may provide transportation through an
             114      agreement or contract with the local school board, a private provider, or with parents.
             115          (3) (a) (i) The state superintendent of public instruction may allocate grants for both
             116      start-up and ongoing costs to eligible charter school applicants from monies appropriated for the
             117      implementation of this part.
             118          (ii) Applications for the grants shall be filed on a form determined by the state
             119      superintendent and in conjunction with the application for a charter.
             120          (iii) The amount of a grant may vary based upon the size, scope, and special circumstances

             121      of the charter school.
             122          (iv) The governing board of the charter school shall use the grant to meet the expenses of
             123      the school as established in the school's charter.
             124          (b) The State Board of Education shall coordinate the distribution of federal monies
             125      appropriated to help fund costs for establishing and maintaining charter schools within the state.
             126          (4) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
             127      endowment, gift, or donation of any property made to the school for any of the purposes of this
             128      part.
             129          (b) It is unlawful for any person affiliated with a charter school to demand or request any
             130      gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the
             131      charter school as a condition for employment or enrollment at the school or continued attendance
             132      at the school.
             133          [(5) (a) The State Office of Education shall publish and make available to charter school
             134      applicants a list of vacant and unused portions of buildings that are owned by the state or by school
             135      districts in the state and that may be suitable for the operation of a charter school.]
             136          [(b) The locally elected school board of the district in which a district owned building is
             137      located must give its approval before the building can be placed on the list under Subsection
             138      (5)(a).]
             139          [(c) The list shall include the address and owner of each building and a short description
             140      of the building.]
             141          [(d) Nothing in this Subsection (5) requires the owner of a building on the list to sell or
             142      lease the building or a portion of the building to a charter school.]
             143          Section 5. Section 53A-1a-515 is amended to read:
             144           53A-1a-515. Charters sponsored by local school boards.
             145          (1) Individuals and entities identified in Section [ 53A-1a-505 ] 53A-1a-504 may enter into
             146      an agreement with a local school board to establish and operate a charter school within the
             147      geographical boundaries of the school district administered by the board, subject to the same
             148      requirements established in Sections 53A-1a-504 through 53A-1a-514 , except as otherwise
             149      provided in this section.
             150          (2) These schools are in addition to the limited number of charter schools authorized under
             151      the sponsorship of the State Board of Education in Section 53a-1a-502 .

             152          (3) (a) An existing public school that converts to charter status may:
             153          (i) continue to receive the same services from the school district that it received prior to
             154      its conversion; or
             155          (ii) contract out for some or all of those services with other public or private providers.
             156          (b) Any other charter school sponsored by a local school board may contract with the
             157      board to receive some or all of the services referred to in Subsection (3)(a).
             158          (4) (a) (i) A public school that converts to a charter school under Subsection (3)(a) shall
             159      receive funding on the same basis as it did prior to its conversion to a charter school.
             160          (ii) The school may also receive federal monies designated for charter schools under any
             161      federal program.
             162          (b) (i) Any other charter school sponsored by a local school board shall receive funding
             163      as provided under Subsection (4)(a), except as otherwise provided in Subsection (4)(b)(ii).
             164          (ii) If the charter school is not operating out of a facility owned by the school district, then
             165      the funding provisions of Section 53A-1a-513 apply.
             166          (5) (a) A local school board that receives an application for a charter school under this
             167      section shall, within 45 days, either accept or reject the application.
             168          (b) If the board rejects the application, it shall notify the applicant in writing of the reason
             169      for the rejection.
             170          (c) The applicant may submit a revised application for reconsideration by the board.
             171          (d) If the local school board refuses to sponsor the applicant, [then] the applicant may seek
             172      a charter from the State Board of Education under Section 53A-1a-505 .
             173          (e) The local board's action under Subsection (5)(d) is final action subject to judicial
             174      review.
             175          (6) A local school board is limited in the number of charter schools it may sponsor under
             176      this section as follows:
             177          (a) there is no limitation on the number of existing public schools within a school district
             178      that may convert to charter status under this section; and
             179          (b) the number of charter schools not converted from existing public schools is limited to
             180      an enrollment equal to 4% of the school district's student population as reported in the most recent
             181      annual statistical report required under Section 53A-3-403 .
             182          (7) A local school board may terminate a charter school it sponsors under this section for

             183      the same reasons and under the same procedures followed by the State Board of Education under
             184      Subsection 53A-1a-509 (3).
             185          Section 6. Section 53A-1a-516 is enacted to read:
             186          53A-1a-516. Technical support for charter schools.
             187          (1) The State Board of Education through the superintendent of public instruction shall
             188      provide technical support to charter schools and persons seeking to establish charter schools by:
             189          (a) identifying and promoting successful charter school models;
             190          (b) facilitating the application and approval process for charter school sponsorship;
             191          (c) directing charter schools and persons seeking to establish charter schools to sources
             192      of private funding and support;
             193          (d) reviewing and evaluating proposals to establish charter schools for the purpose of
             194      supporting and strengthening proposals before an application for charter school sponsorship is
             195      submitted to the State Board of Education or a local school board;
             196          (e) assisting charter schools in preparing and submitting the reports required by this title
             197      to the State Board of Education; and
             198          (f) publishing and making available to charter school applicants a list of vacant and unused
             199      portions of buildings owned by the state or school districts that may be suitable for the operation
             200      of a charter school.
             201          (2) (a) Before a building owned by a school district is placed on the list described in
             202      Subsection (1)(f), the district's school board shall approve the listing.
             203          (b) The list described in Subsection (1)(f) shall include the building's address, the name
             204      of the building's owner, and a short description of the building.
             205          (c) Nothing in this section requires the owner of a building on the list described in
             206      Subsection (1)(f) to sell or lease the building or a portion of the building to a charter school.




Legislative Review Note
    as of 1-22-02 2:01 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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