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First Substitute S.B. 138
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. This
7 act requires the State Board of Education, through the superintendent of public instruction,
8 to provide technical support to charter schools and persons seeking to establish charter
9 schools. This act makes technical changes.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 53A-1a-502, as last amended by Chapter 259, Laws of Utah 2001
13 53A-1a-505, as last amended by Chapter 259, Laws of Utah 2001
14 53A-1a-513, as last amended by Chapter 259, Laws of Utah 2001
15 53A-1a-515, as enacted by Chapter 259, Laws of Utah 2001
17 53A-1a-516, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 53A-1a-502 is amended to read:
20 53A-1a-502. Authorization -- Creation of charter schools.
21 (1) (a) The Legislature authorizes the [
23 (i) 12 charter schools; and
24 (ii) six New Century High Schools, magnet charter schools focused on math, science, and
26 (b) (i) The [
29 Education [
30 Education Interim Committee by October 31, 2002.
31 (ii) The report shall include a recommendation [
32 or not the program should be expanded further.
33 (c) (i) The [
34 Subsection (1)(a)(i) may be established only after an applicant:
35 (A) has sought and been denied sponsorship by a local school board under Section
36 53A-1a-515 ; and
37 (B) subsequently seeks and is granted sponsorship by the State Board of Education under
38 Section 53A-1a-505 .
39 (ii) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
40 the State Board of Education shall make a rule providing a timeline that would allow an applicant
41 denied sponsorship by a local school board to apply for and receive sponsorship approval by the
42 State Board of Education and begin planning or operating in the same school year as anticipated
43 in its original application to the local school board.
44 (B) The timeline shall be consistent with the application and approval process set out in
45 Section 53A-1a-515 .
46 (2) Charter schools are considered to be part of the state's public education system.
47 (3) A charter school may be established by creating a new school or converting an existing
48 public school to charter status.
49 Section 2. Section 53A-1a-505 is amended to read:
50 53A-1a-505. Sponsors of charter schools -- Application process.
51 (1) An applicant for a charter school shall seek sponsorship of its charter from the State
52 Board of Education, except as otherwise provided in Section 53A-1a-515 .
53 (2) (a) (i) The applicant shall also provide a copy of the application to the local school
54 board of the school district in which the proposed charter school shall be located either before or
55 at the same time it files its application with the state board.
56 (ii) The local board shall review the application and may offer suggestions or
57 recommendations to the applicant or the state board prior to its acting on the application.
58 (iii) The state board shall give due consideration to suggestions or recommendations made
59 by the local school board under Subsection (2)(a)(ii).
60 (b) The State Board of Education shall review and, by majority vote, either approve or
61 deny the application within 60 days after the application is received by the board.
62 (c) The state board's action under Subsection (2)(b) is final action subject to judicial
64 (3) (a) The applicant and the state board shall set forth the terms and conditions for the
65 operation of the charter school in a written contractual agreement.
66 (b) The contract is the school's charter.
69 Section 3. Section 53A-1a-513 is amended to read:
70 53A-1a-513. Funding for charter schools.
71 (1) (a) A student enrolled in a charter school is considered a resident student of the school
72 district in which the school is located for purposes of state funding, including, but not limited to,
73 monies the student would generate as a result of qualifying for such programs as special education,
74 students at risk, and gifted and talented.
75 (b) (i) The State Board of Education shall adopt rules to provide:
76 (A) that the school district in which a charter school student resides shall pay to the school
77 district in which the charter school is located 1/2 of the amount by which the resident district's per
78 student expenditure exceeds the value of the state funding under Subsection (1)(a); and
79 (B) for the distribution of monies to charter schools under this section.
80 (ii) The rules adopted pursuant to Subsection (1)(b)(i)(A) that require 1/2 rather than all
81 of the amount take into account state school funding laws that require certain local moneys to
82 remain within the resident district.
83 (c) The Legislature shall provide an appropriation for charter schools for each of their
84 students equal to the lesser of 1/2 of the statewide school district average per student expenditure
85 in excess of state funding under Subsection (1)(a) or 1/2 of the amount by which the resident
86 district's per student expenditure exceeds the value of the state funding under Subsection (1)(a) to
87 supplement the local monies received by a charter school under Subsection (1)(b)(i)(A).
88 (d) If a charter school is providing eligible programs or services to eligible students funded
89 by federal monies, any eligible student enrolled in a charter school in the school district shall
90 receive federal monies for the same level of service provided students in the schools operated by
91 the local school board.
92 (2) (a) The board shall also adopt rules relating to the transportation of students to and
93 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
94 (b) The governing body of the charter school may provide transportation through an
95 agreement or contract with the local school board, a private provider, or with parents.
96 (3) (a) (i) The state superintendent of public instruction may allocate grants for both
97 start-up and ongoing costs to eligible charter school applicants from monies appropriated for the
98 implementation of this part.
99 (ii) Applications for the grants shall be filed on a form determined by the state
100 superintendent and in conjunction with the application for a charter.
101 (iii) The amount of a grant may vary based upon the size, scope, and special circumstances
102 of the charter school.
103 (iv) The governing board of the charter school shall use the grant to meet the expenses of
104 the school as established in the school's charter.
105 (b) The State Board of Education shall coordinate the distribution of federal monies
106 appropriated to help fund costs for establishing and maintaining charter schools within the state.
107 (4) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
108 endowment, gift, or donation of any property made to the school for any of the purposes of this
110 (b) It is unlawful for any person affiliated with a charter school to demand or request any
111 gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the
112 charter school as a condition for employment or enrollment at the school or continued attendance
113 at the school.
124 Section 4. Section 53A-1a-515 is amended to read:
125 53A-1a-515. Charters sponsored by local school boards.
126 (1) Individuals and entities identified in Section [
127 an agreement with a local school board to establish and operate a charter school within the
128 geographical boundaries of the school district administered by the board, subject to the same
129 requirements established in Sections 53A-1a-504 through 53A-1a-514 , except as otherwise
130 provided in this section.
131 (2) These schools are in addition to the limited number of charter schools authorized under
132 the sponsorship of the State Board of Education in Section 53a-1a-502 .
133 (3) (a) An existing public school that converts to charter status may:
134 (i) continue to receive the same services from the school district that it received prior to
135 its conversion; or
136 (ii) contract out for some or all of those services with other public or private providers.
137 (b) Any other charter school sponsored by a local school board may contract with the
138 board to receive some or all of the services referred to in Subsection (3)(a).
139 (4) (a) (i) A public school that converts to a charter school under Subsection (3)(a) shall
140 receive funding on the same basis as it did prior to its conversion to a charter school.
141 (ii) The school may also receive federal monies designated for charter schools under any
142 federal program.
143 (b) (i) Any other charter school sponsored by a local school board shall receive funding
144 as provided under Subsection (4)(a), except as otherwise provided in Subsection (4)(b)(ii).
145 (ii) If the charter school is not operating out of a facility owned by the school district, then
146 the funding provisions of Section 53A-1a-513 apply.
147 (5) (a) A local school board that receives an application for a charter school under this
148 section shall, within 45 days, either accept or reject the application.
149 (b) If the board rejects the application, it shall notify the applicant in writing of the reason
150 for the rejection.
151 (c) The applicant may submit a revised application for reconsideration by the board.
152 (d) If the local school board refuses to sponsor the applicant, [
153 a charter from the State Board of Education under Section 53A-1a-505 .
154 (e) The local board's action under Subsection (5)(d) is final action subject to judicial
156 (6) A local school board is limited in the number of charter schools it may sponsor under
157 this section as follows:
158 (a) there is no limitation on the number of existing public schools within a school district
159 that may convert to charter status under this section; and
160 (b) the number of charter schools not converted from existing public schools is limited to
161 an enrollment equal to 4% of the school district's student population as reported in the most recent
162 annual statistical report required under Section 53A-3-403 .
163 (7) A local school board may terminate a charter school it sponsors under this section for
164 the same reasons and under the same procedures followed by the State Board of Education under
165 Subsection 53A-1a-509 (3).
166 Section 5. Section 53A-1a-516 is enacted to read:
167 53A-1a-516. Technical support for charter schools.
168 The State Board of Education through the superintendent of public instruction shall provide
169 technical support to charter schools and persons seeking to establish charter schools by:
170 (1) identifying and promoting successful charter school models;
171 (2) facilitating the application and approval process for charter school sponsorship;
172 (3) directing charter schools and persons seeking to establish charter schools to sources
173 of private funding and support;
174 (4) reviewing and evaluating proposals to establish charter schools for the purpose of
175 supporting and strengthening proposals before an application for charter school sponsorship is
176 submitted to the State Board of Education or a local school board; and
177 (5) assisting charter schools in preparing and submitting the reports required by this title
178 to the State Board of Education.
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