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H.B. 152
1
CHARTER SCHOOL GOVERNANCE
2
2004 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Marda Dillree
5
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LONG TITLE
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General Description:
8
This bill modifies the State System of Public Education Code to create a new entity to
9
authorize charter schools and modify requirements imposed on charter schools.
10
Highlighted Provisions:
11
This bill:
12
. creates the State Charter School Board consisting of seven members appointed by
13
the governor;
14
. specifies the powers and duties of the State Charter School Board, including the
15
power to:
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* authorize and promote the establishment of charter schools; and
17
* hold charter schools accountable for their performance;
18
. provides for a staff director for the State Charter School Board appointed by the
19
superintendent of public instruction, with the consent of the State Charter School
20
Board;
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. removes the State Board of Education's power to authorize the establishment of new
22
charter schools;
23
. provides for the dissolution of charters with the State Board of Education and
24
directs the State Charter School Board to grant charters to schools previously
25
chartered by the State Board of Education;
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. expands the purposes of charter schools;
27
. expands the provisions to be addressed in a school's charter;
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. exempts charter schools from various state laws and rules of the State Board of
29
Education;
30
. requires the State Charter School Board to study existing state law and
31
administrative rules for the purpose of determining from which laws and rules
32
charter schools should be exempt, and submit recommendations to the State Board
33
of Education and the Education Interim Committee; and
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. clarifies the duties of local school boards in authorizing charter schools.
35
Monies Appropriated in this Bill:
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None
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Other Special Clauses:
38
None
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Utah Code Sections Affected:
40
AMENDS:
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53A-1a-502, as last amended by Chapter 199, Laws of Utah 2003
42
53A-1a-503, as enacted by Chapter 231, Laws of Utah 1998
43
53A-1a-505, as last amended by Chapter 199, Laws of Utah 2003
44
53A-1a-507, as enacted by Chapter 231, Laws of Utah 1998
45
53A-1a-508, as last amended by Chapter 199, Laws of Utah 2003
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53A-1a-509, as last amended by Chapter 199, Laws of Utah 2003
47
53A-1a-510, as last amended by Chapter 199, Laws of Utah 2003
48
53A-1a-511, as enacted by Chapter 231, Laws of Utah 1998
49
53A-1a-512, as last amended by Chapter 224, Laws of Utah 2000
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53A-1a-515, as last amended by Chapters 199 and 320, Laws of Utah 2003
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53A-16-101.5, as last amended by Chapters 226 and 320, Laws of Utah 2003
52
63-55b-153, as last amended by Chapters 131 and 223, Laws of Utah 2003
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ENACTS:
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53A-1a-501.3, Utah Code Annotated 1953
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53A-1a-501.5, Utah Code Annotated 1953
56
53A-1a-501.6, Utah Code Annotated 1953
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53A-1a-501.7, Utah Code Annotated 1953
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53A-1a-501.8, Utah Code Annotated 1953
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53A-1a-503.5, Utah Code Annotated 1953
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REPEALS:
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53A-1a-516, as enacted by Chapter 313, Laws of Utah 2002
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63
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1a-501.3
is enacted to read:
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53A-1a-501.3. Definitions.
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As used in this part, "chartering entity" means the entity that authorizes the
67
establishment of a charter school.
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Section 2.
Section
53A-1a-501.5
is enacted to read:
69
53A-1a-501.5. State Charter School Board created.
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(1) (a) The State Charter School Board is created consisting of the following members
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appointed by the governor:
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(i) two members who have expertise in finance or small business management;
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(ii) three members who are appointed from a slate of at least six candidates nominated
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by Utah's charter schools; and
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(iii) two members who are appointed from a slate of at least four candidates nominated
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by the State Board of Education.
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(b) Each appointee shall have demonstrated dedication to the purposes of charter
78
schools as outlined in Section
53A-1a-503
.
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(2) (a) State Charter School Board members shall serve four-year terms, except three of
80
the initial members appointed by the governor shall be appointed for a two-year term.
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(b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
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term.
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(3) (a) The State Charter School Board shall annually elect a chair from its
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membership.
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(b) Four members of the board shall constitute a quorum.
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(c) Meetings may be called by the chair or upon request of three members of the board.
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(4) (a) (i) Members who are not state government employees shall receive no
88
compensation or benefits for their services, but may receive per diem and expenses incurred in
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the performance of the members's official duties at the rates established by the Division of
90
Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
92
(b) (i) State government officer and employee members who do not receive salary, per
93
diem, or expenses from their agency for their service may receive per diem and expenses
94
incurred in the performance of their official duties from the State Charter School Board at the
95
rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem
97
and expenses for their service.
98
Section 3.
Section
53A-1a-501.6
is enacted to read:
99
53A-1a-501.6. Power and duties of State Charter School Board.
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(1) The State Charter School Board shall:
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(a) authorize and promote the establishment of charter schools, subject to the
102
limitations in Section
53A-1a-502
;
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(b) annually review and evaluate the performance of charter schools authorized by the
104
State Charter School Board and hold the schools accountable for their performance;
105
(c) monitor charter schools authorized by the State Charter School Board for
106
compliance with federal and state laws, rules, and regulations;
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(d) provide technical support to charter schools and persons seeking to establish charter
108
schools by:
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(i) identifying and promoting successful charter school models;
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(ii) facilitating the application and approval process for charter school authorization;
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(iii) directing charter schools and persons seeking to establish charter schools to
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sources of private funding and support;
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(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
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supporting and strengthening proposals before an application for charter school authorization is
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submitted to the State Charter School Board or a local school board; and
116
(v) assisting charter schools to understand and carry out their charter obligations;
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(e) provide technical support, as requested, to a local school board relating to charter
118
schools;
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(f) make recommendations on legislation and rules pertaining to charter schools to the
120
Legislature and State Board of Education, respectively; and
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(g) make recommendations to the State Board of Education on the funding of charter
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schools.
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(2) The State Charter School Board may:
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(a) contract;
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(b) sue and be sued; and
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(c) (i) at the discretion of the charter school, provide administrative services to, or
127
perform other school functions for, charter schools authorized by the State Charter School
128
Board; and
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(ii) charge fees for the provision of services or functions.
130
Section 4.
Section
53A-1a-501.7
is enacted to read:
131
53A-1a-501.7. State Charter School Board -- Staff director -- Facilities.
132
(1) (a) The staff director for the State Charter School Board shall be appointed by the
133
superintendent of public instruction, with the consent of the State Charter School Board.
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(b) If the State Charter School Board withholds consent of an appointment, the board
135
shall state its reasons in writing to the superintendent of public instruction.
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(c) The State Charter School Board may petition the superintendent of public
137
instruction for removal of the staff director for cause; however, the superintendent of public
138
instruction shall have sole authority to remove the staff director.
139
(d) The position of staff director is exempt from the career service provisions of Title
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67, Chapter 19, Utah State Personnel Management Act.
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(2) The superintendent of public instruction shall provide space for staff of the State
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Charter School Board in facilities occupied by the Utah State Office of Education, with costs
143
charged for the facilities equal to those charged other sections and divisions within the Utah
144
State Office of Education and Utah State Office of Rehabilitation.
145
Section 5.
Section
53A-1a-501.8
is enacted to read:
146
53A-1a-501.8. Charter schools authorized by the State Board of Education.
147
(1) Effective May 3, 2004, the State Board of Education may not authorize the
148
establishment of new charter schools.
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(2) (a) The State Board of Education shall dissolve each charter or charter agreement it
150
has with a charter school, and the State Charter School Board shall enter into a charter
151
agreement with each of those schools.
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(b) The charter agreement made with the State Charter School Board shall contain
153
provisions, consistent with this part, giving the charter school the rights and privileges it had
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under its charter with the State Board of Education.
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Section 6.
Section
53A-1a-502
is amended to read:
156
53A-1a-502. State Charter School Board to authorize the establishment of
157
charter schools.
158
[(1) (a)] The State [Board of Education] Charter School Board may sponsor:
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[(i)] (1) effective July 1, 2003, 24 charter schools;
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[(ii)] (2) effective each subsequent July 1, an additional eight charter schools; and
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[(iii)] (3) six New Century High Schools, magnet charter schools focused on math,
162
science, and technology.
163
[(b) (i) The charter schools authorized under Subsections (1)(a)(i) and (1)(a)(ii) may be
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established only after an applicant:]
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[(A) has sought and been denied sponsorship by a local school board under Section
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53A-1a-515
; and]
167
[(B) subsequently seeks and is granted sponsorship by the State Board of Education
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under Section
53A-1a-505
.]
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[(ii) (A) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
170
Act, the State Board of Education shall make a rule providing a timeline that would allow an
171
applicant denied sponsorship by a local school board to apply for and receive sponsorship
172
approval by the State Board of Education and begin planning or operating in the same school
173
year as anticipated in its original application to the local school board.]
174
[(B) The timeline shall be consistent with the application and approval process set out
175
in Section
53A-1a-515
.]
176
[(2) Charter schools are considered to be part of the state's public education system.]
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[(3) A charter school may be established by creating a new school or converting an
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existing public school to charter status.]
179
Section 7.
Section
53A-1a-503
is amended to read:
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53A-1a-503. Purpose.
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The [purpose] purposes of charter schools [is] are to:
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(1) continue to improve student learning;
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(2) encourage the use of different and innovative teaching methods;
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(3) create new professional opportunities for educators that will allow them to actively
185
participate in designing and implementing the learning program at the school;
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(4) increase choice of learning opportunities for students;
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(5) establish new models of public schools and a new form of accountability for
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schools that emphasizes the measurement of learning outcomes and the creation of innovative
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measurement tools; [and]
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(6) provide opportunities for greater parental involvement in management decisions at
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the school level[.]; and
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(7) expand public school choice in areas where schools have been identified for school
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improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
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20 U.S.C. Sec. 6301 et. seq.
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Section 8.
Section
53A-1a-503.5
is enacted to read:
196
53A-1a-503.5. Status of charter schools.
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(1) Charter schools are:
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(a) considered to be public schools within the state's public education system; and
199
(b) subject to Subsection
53A-1-401
(3).
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(2) A charter school may be established by creating a new school or converting an
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existing public school to charter status.
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Section 9.
Section
53A-1a-505
is amended to read:
203
53A-1a-505. Application process -- Contract.
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[(1) (a) An applicant for a charter school may seek sponsorship of its charter from the
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State Board of Education only after the applicant has sought and been denied sponsorship by a
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local school board. ]
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[(b) Subsection (1)(a) does not apply to an applicant for a New Century High School as
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described in Section
53A-1a-502
.]
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[(2) (a) Except as provided in Subsection (2)(b), an applicant seeking sponsorship of a
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charter from the State Board of Education shall provide notice]
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(1) (a) An applicant seeking authorization of a charter school, including a New Century
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High School, from the State Charter School Board shall provide a copy of the application to the
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local school board of the school district in which the proposed charter school shall be located
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either before or at the same time it files its application with the [state board] State Charter
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School Board.
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[(b) (i) An applicant seeking sponsorship of a New Century High School from the State
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Board of Education who has not sought and been denied sponsorship by a local school board
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shall provide a copy of the application to the local school board of the school district in which
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the proposed New Century High School shall be located either before or at the same time it
220
files its application with the state board.]
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[(ii)] (b) The local board [shall] may review the application and may offer suggestions
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or recommendations to the applicant or the [state board] State Charter School Board prior to its
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acting on the application.
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[(iii)] (c) The [state board] State Charter School Board shall give due consideration to
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suggestions or recommendations made by the local school board under Subsection [(2)(b)(ii)]
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(1)(b).
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[(c)] (d) The State [Board of Education] Charter School Board shall review and, by
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majority vote, either approve or deny the application within 60 days after the application is
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received by the board.
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[(d)] (e) The [state board's] State Charter School Board action under Subsection
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[(2)(c)] (1)(d) is final action subject to judicial review.
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(2) The State Board of Education shall make a rule providing a timeline for the
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opening of a charter school following the approval of a charter school application by the State
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Charter School Board.
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(3) (a) After approval of a charter school application, the applicant and the [state
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board] State Charter School Board shall set forth the terms and conditions for the operation of
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the charter school in a written contractual agreement.
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(b) The [contract] agreement is the school's charter.
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(4) (a) A school holding a charter granted by a local school board may request a charter
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from the State Charter School Board.
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(b) This section shall govern the application and approval of a charter requested under
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Subsection (4)(a).
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(c) The restrictions on the number of charter schools authorized by the State Charter
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School Board in Section
53A-1a-502
do not apply to a school requesting a charter under
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Subsection (4)(a).
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Section 10.
Section
53A-1a-507
is amended to read:
247
53A-1a-507. Requirements for charter schools.
248
(1) A charter school shall be nonsectarian in its programs, admission policies,
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employment practices, and operations.
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(2) A charter school may not charge tuition or fees, except those fees normally charged
251
by other public schools.
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(3) A charter school shall meet all applicable federal, state, and local health, safety, and
253
civil rights requirements.
254
(4) [(a)] A charter school shall make the same annual reports required of other public
255
schools under Title 53A, State System of Public Education, including an annual financial audit
256
report.
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[(b) The school shall make its reports directly to the State Board of Education and
258
provide a copy to the local school board of the district in which the school is located.]
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(5) A charter school shall be accountable to [the state board] its chartering entity for
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performance as provided in [Section
53A-1a-509
] the school's charter.
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(6) A charter school may not advocate unlawful behavior.
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Section 11.
Section
53A-1a-508
is amended to read:
263
53A-1a-508. Content of a charter -- Modification of charter.
264
(1) The major issues involving the operation of a charter school shall be considered in
265
advance by the applicant for a charter school and written into the school's charter.
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(2) The governing body of the charter school and the [State Board of Education]
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chartering entity shall sign the charter[, except as otherwise provided under Section
268
53A-1a-515
].
269
(3) The charter shall include:
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(a) the age or grade levels to be served by the school;
271
(b) the projected maximum number of students to be enrolled in the school and the
272
projected enrollment in each of the first three years of operations;
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(c) the governance structure of the school;
274
(d) the financial plan for the school and the provisions which will be made for auditing
275
the school under Subsection
53A-1a-507
(4)[(a)];
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(e) the mission and education goals of the school, the curriculum offered, and the
277
methods of assessing whether students are meeting educational goals, to include at a minimum
278
participation in the Utah Performance Assessment System for Students under Chapter 1, Part 6,
279
Achievement Tests;
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(f) admission and dismissal procedures, including suspension procedures;
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(g) procedures to review complaints of parents regarding the operation of the school;
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(h) the opportunity for parental involvement at the school;
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(i) how the school will provide adequate liability and other appropriate insurance for
284
the school, its governing body, and its employees[, including whether the school intends to
285
participate in the state's risk management insurance program];
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(j) the proposed school calendar, including the length of the school day and school
287
year;
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(k) whether any agreements have been entered into or plans developed with school
289
districts regarding participation of charter school students in extracurricular activities within
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the school districts;
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(l) the district within which the school will be located and the address of the school's
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physical facility, if known at the time the charter is signed;
293
(m) the qualifications to be required of the teachers; [and]
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(n) in the case of an existing public school converting to charter status, alternative
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arrangements for current students who choose not to attend the charter school and for current
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teachers who choose not to teach at the school after its conversion to charter status[.];
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(o) a statement indicating whether the school will seek accreditation and, if so, the
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standards or accrediting body under which the school will seek accreditation;
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(p) the school's intention to create a library;
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(q) a description of school administrative and supervisory services;
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(r) fiscal procedures to be used by the school; and
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(s) the school's policies and procedures regarding:
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(i) employee termination;
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(ii) employee evaluation;
305
(iii) employment of relatives; and
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(iv) standards of ethical conduct for school employees and members of the governing
307
board.
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(4) A charter may be modified by mutual agreement of the board and the governing
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body of the school.
310
Section 12.
Section
53A-1a-509
is amended to read:
311
53A-1a-509. Noncompliance -- Rulemaking.
312
(1) (a) (i) If a charter school is found to be out of compliance with the requirements of
313
Section
53A-1a-507
or the school's charter, the [State Board of Education] chartering entity
314
shall notify the school's governing board in writing that the school has a reasonable time to
315
remedy the deficiency, except as otherwise provided in Subsection
53A-1a-510
(3)(a).
316
[(b) (i) If the school does not remedy the deficiency within the established timeline, the
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State Board of Education may terminate the school's charter.]
318
(ii) Subsections
53A-1a-510
(2)(a) and (b) do not apply to [an action] a notification of
319
noncompliance taken under [this] Subsection (1)(a)(i).
320
(b) If the school does not remedy the deficiency within the established timeline, the
321
chartering entity may terminate the school's charter.
322
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
323
State Board of Education shall make rules:
324
(a) specifying the timeline for remedying deficiencies under Subsection (1)(a); and
325
(b) ensuring the compliance of a charter school with its approved charter.
326
Section 13.
Section
53A-1a-510
is amended to read:
327
53A-1a-510. Termination of a charter.
328
(1) [The State Board of Education] A chartering entity may terminate a school's charter
329
for any of the following reasons:
330
(a) failure of the school to meet the requirements stated in the charter;
331
(b) failure to meet generally accepted standards of fiscal management;
332
(c) subject to Subsection (5), failure to make adequate yearly progress under the No
333
Child Left Behind Act of 2001, [Pub. L. No. 107-110, 115 Stat. 1425] 20 U.S.C. Sec. 6301 et.
334
seq.;
335
(d) violation of law; or
336
(e) other good cause shown.
337
(2) (a) The [board] chartering entity shall notify the governing body of the school of the
338
proposed action in writing, state the grounds for the action, and stipulate that the governing
339
body may request an informal hearing before the [board] chartering entity.
340
(b) The [board] chartering entity shall conduct the hearing in accordance with Title 63,
341
Chapter 46b, Administrative Procedures Act, within 30 days after receiving a written request
342
under Subsection (2)(a).
343
(3) (a) The [board] chartering entity may terminate a charter immediately if good cause
344
has been shown or if the health, safety, or welfare of the students at the school is threatened.
345
(b) If a charter is terminated under Subsection (3)(a), the school district in which the
346
school is located may assume operation of the school.
347
(4) (a) If a charter is terminated, a student who attended the school may apply to and
348
shall be enrolled in another public school under the enrollment provisions of Title 53A,
349
Chapter 2, Part 2, District of Residency, subject to space availability.
350
(b) Normal application deadlines shall be disregarded under Subsection (4)(a).
351
(5) [The State Board of Education] A chartering entity may terminate a charter
352
pursuant to Subsection (1)(c) under the same circumstances that local educational agencies are
353
required to implement alternative governance arrangements under 20 U.S.C. Sec. 6316.
354
Section 14.
Section
53A-1a-511
is amended to read:
355
53A-1a-511. Waivers from state board rules -- Application of statutes and rules
356
to charter schools.
357
(1) A charter school shall operate in accordance with its charter and is subject to Title
358
53A, State System of Public Education, and other state laws applicable to public schools,
359
except as otherwise provided in this part.
360
(2) (a) A charter school or any other public school or school district may apply to the
361
State Board of Education for a waiver of any state board rule that inhibits or hinders the school
362
or the school district from accomplishing its mission or educational goals set out in its strategic
363
plan or charter.
364
(b) The state board may grant the waiver, unless:
365
(i) the waiver would cause the school district or the school to be in violation of state or
366
federal law; or
367
(ii) the waiver would threaten the health, safety, or welfare of students in the district or
368
at the school.
369
(c) If the State Board of Education denies the waiver, the reason for the denial shall be
370
provided in writing to the waiver applicant.
371
(3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
372
governing the following do not apply to a charter school:
373
(i) accreditation;
374
(ii) school libraries;
375
(iii) required school administrative and supervisory services; and
376
(iv) required expenditures for instructional supplies.
377
(b) A charter school shall comply with rules implementing statutes that prescribe how
378
state appropriations may be spent.
379
(4) The following provisions of Title 53A, State System of Public Education, and rules
380
adopted under those provisions, do not apply to a charter school;
381
(a) Sections
53A-1a-108
and
53A-1a-108.5
, requiring the establishment of a school
382
community council and school improvement plan;
383
(b) Sections
53A-3-413
and
53A-3-414
, pertaining to the use of school buildings as
384
civic centers;
385
(c) Section
53A-3-420
, requiring the use of activity disclosure statements;
386
(d) Section
53A-12-207
, requiring notification of intent to dispose of textbooks;
387
(e) Section
53A-13-107
, requiring annual presentations on adoption; and
388
(f) Chapter 19, Part 1, pertaining to fiscal procedures of school districts and local
389
school boards.
390
(5) For the purposes of Title 63, Chapter 56, Utah Procurement Code, a charter school
391
shall be considered a local public procurement unit.
392
(6) Each charter school shall be subject to:
393
(a) Title 52, Chapter 4, Open and Public Meetings; and
394
(b) Title 63, Chapter 2, Government Records Access and Management Act.
395
(7) (a) The State Charter School Board shall, in concert with the charter schools, study
396
existing state law and administrative rules for the purpose of determining from which laws and
397
rules charter schools should be exempt.
398
(b) (i) The State Charter School Board shall present recommendations for exemption to
399
the State Board of Education for consideration.
400
(ii) The State Board of Education shall consider the recommendations of the State
401
Charter School Board and respond within 60 days.
402
(c) Annually, the State Charter School Board shall report the results of its review of
403
state laws and administrative rules, along with the responses received from the State Board of
404
Education, to the Education Interim Committee by October 1.
405
Section 15.
Section
53A-1a-512
is amended to read:
406
53A-1a-512. Employees of charter schools.
407
(1) A charter school shall select its own employees.
408
(2) The school's governing body shall determine the level of compensation and all
409
terms and conditions of employment, except as otherwise provided in this part.
410
(3) The following statutes governing public employees and officers do not apply to
411
charter schools:
412
(a) Chapter 8, Utah Orderly School Termination Procedures Act;
413
(b) Chapter 10, Educator Evaluation;
414
(c) Title 52, Chapter 3, Prohibiting Employment of Relatives; and
415
(d) Title 67, Chapter 16, Public Officers' and Employees' Ethics Act.
416
[(3)] (4) (a) To accommodate differentiated staffing and better meet student needs, a
417
charter school, under rules adopted by the State Board of Education, shall employ teachers
418
who:
419
(i) are licensed; or
420
(ii) on the basis of demonstrated competency, would qualify to teach under alternative
421
certification or authorization programs.
422
(b) The school's governing body shall disclose the qualifications of its teachers to the
423
parents of its students.
424
[(4)] (5) (a) An employee of a school district may request a leave of absence in order to
425
work in a charter school upon approval of the local school board.
426
(b) While on leave, the employee may retain seniority accrued in the school district and
427
may continue to be covered by the benefit program of the district if the charter school and the
428
locally elected school board mutually agree.
429
Section 16.
Section
53A-1a-515
is amended to read:
430
53A-1a-515. Charters authorized by local school boards.
431
(1) Individuals and entities identified in Section
53A-1a-504
may enter into an
432
agreement with a local school board to establish and operate a charter school within the
433
geographical boundaries of the school district administered by the board.
434
(2) These schools are in addition to the limited number of charter schools authorized
435
[under the sponsorship of the State Board of Education] by the State Charter School Board in
436
Section
53a-1a-502
.
437
(3) (a) An existing public school that converts to charter status under a charter granted
438
by a local school board may:
439
(i) continue to receive the same services from the school district that it received prior to
440
its conversion; or
441
(ii) contract out for some or all of those services with other public or private providers.
442
(b) Any other charter school [sponsored] authorized by a local school board may
443
contract with the board to receive some or all of the services referred to in Subsection (3)(a).
444
(4) (a) (i) A public school that converts to a charter school under a charter granted by a
445
local school board shall receive funding:
446
(A) through the school district; and
447
(B) on the same basis as it did prior to its conversion to a charter school.
448
(ii) The school may also receive federal monies designated for charter schools under
449
any federal program.
450
(b) (i) A local school [board-sponsored] board-authorized charter school operating in a
451
facility owned by the school district and not paying reasonable rent to the school district shall
452
receive funding:
453
(A) through the school district; and
454
(B) on the same basis that other district schools receive funding.
455
(ii) The school may also receive federal monies designated for charter schools under
456
any federal program.
457
(c) Any other charter school [sponsored] authorized by a local school board shall
458
receive funding as provided in Section
53A-1a-513
.
459
(5) (a) A local school board that receives an application for a charter school under this
460
section shall, within 45 days, either accept or reject the application.
461
(b) If the board rejects the application, it shall notify the applicant in writing of the
462
reason for the rejection.
463
(c) The applicant may submit a revised application for reconsideration by the board.
464
(d) If the local school board refuses to [sponsor] authorize the applicant, the applicant
465
may seek a charter from the State [Board of Education] Charter School Board under Section
466
53A-1a-505
.
467
[(e) The local board's action under Subsection (5)(d) is final action subject to judicial
468
review.]
469
(6) The State Board of Education shall make a rule providing for a timeline for the
470
opening of a charter school following the approval of a charter school application by a local
471
school board.
472
(7) (a) After approval of a charter school application, the applicant and the local school
473
board shall set forth the terms and conditions for the operation of the charter school in a written
474
contractual agreement.
475
(b) The agreement is the school's charter.
476
(8) A local school board shall:
477
(a) annually review and evaluate the performance of charter schools authorized by the
478
local school board and hold the schools accountable for their performance;
479
(b) monitor charter schools authorized by the local school board for compliance with
480
federal and state laws, rules, and regulations; and
481
(c) provide technical support to charter schools authorized by the local school board to
482
assist them in understanding and performing their charter obligations.
483
[(6)] (9) A local school board may terminate a charter school it [sponsors under this
484
section for the same reasons and under the same procedures followed by the State Board of
485
Education under Section
53A-1a-509
] authorizes as provided in Sections
53A-1a-509
and
486
53A-1a-510
.
487
[(7)] (10) The governing body of a local school [board-sponsored] board-authorized
488
charter school shall be independent of the local school board except as otherwise specifically
489
provided in this chapter.
490
Section 17.
Section
53A-16-101.5
is amended to read:
491
53A-16-101.5. School LAND Trust Program -- Contents -- Purpose --
492
Distribution of funds -- School plans for use of funds.
493
(1) There is established the School LAND (Learning And Nurturing Development)
494
Trust Program for the state's public schools to provide financial resources to enhance or
495
improve student academic achievement and implement a component of the school
496
improvement plan.
497
(2) (a) The program shall be funded each fiscal year from that portion of the Uniform
498
School Fund consisting of the interest and dividends received in the immediately preceding
499
fiscal year from the investment of monies in the permanent State School Fund.
500
(b) On and after July 1, 2003, the program shall be funded as provided in Subsection
501
(2)(a) up to a maximum of $12,000,000 each fiscal year.
502
(c) The Legislature shall annually allocate, through an appropriation to the State Board
503
of Education, a portion of School LAND Trust Program monies for the administration of the
504
program.
505
(3) (a) The State Board of Education shall allocate the monies referred to in Subsection
506
(2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter as
507
follows:
508
(i) school districts shall receive 10% of the funds on an equal basis; and
509
(ii) the remaining 90% of the funds shall be distributed on a per student basis, with
510
each district receiving its allocation on the number of students in the district as compared to the
511
state total.
512
(b) Each school district shall distribute its allocation under Subsection (3)(a) to each
513
school within the district on an equal per student basis.
514
(c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
515
board may make rules regarding the time and manner in which the student count shall be made
516
for allocation of the monies.
517
(4) [In] Except as provided in Subsection (7), in order to receive its allocation under
518
Subsection (3), a school shall have established a school community council under Section
519
53A-1a-108
.
520
(5) (a) The school community council or its subcommittee shall develop a program to
521
use its allocation under Subsection (3) to implement a component of the school's improvement
522
plan, including:
523
(i) the school's identified most critical academic needs;
524
(ii) a recommended course of action to meet the identified academic needs;
525
(iii) a specific listing of any programs, practices, materials, or equipment which the
526
school will need to implement a component of its school improvement plan to have a direct
527
impact on the instruction of students and result in measurable increased student performance;
528
and
529
(iv) how the school intends to spend its allocation of funds under this section to
530
enhance or improve academic excellence at the school.
531
(b) The school may develop a multiyear program, but the program shall be presented
532
and approved by the school community council and the local school board of the district in
533
which the school is located annually and as a prerequisite to receiving program funds allocated
534
under this section.
535
(6) (a) Each school shall:
536
(i) implement the program as approved by the school community council and approved
537
by the local school board;
538
(ii) provide ongoing support for the council's or its subcommittee's program;
539
(iii) meet school board reporting requirements regarding financial and performance
540
accountability of the program; and
541
(iv) publicize to its patrons and the general public on how the funds it received under
542
this section were used to enhance or improve academic excellence at the school and implement
543
a component of the school's improvement plan, including the results of those efforts.
544
(b) (i) Each school through its council or its subcommittee shall prepare and present an
545
annual report of the program to its local school board at the end of the school year.
546
(ii) The report shall detail the use of program funds received by the school under this
547
section and an assessment of the results obtained from the use of the funds.
548
(7) The governing board of a charter school shall prepare a plan for the use of school
549
trust monies that includes the elements listed in Subsection (5).
550
Section 18.
Section
63-55b-153
is amended to read:
551
63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
552
(1) Subsection
53-3-205
(9)(a)(i)(D) is repealed July 1, 2007.
553
(2) Subsection
53-3-804
(2)(g) is repealed July 1, 2007.
554
(3) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July
555
1, 2003.
556
(4) Section
53A-1-403.5
is repealed July 1, 2007.
557
(5) Subsection
53A-1a-511
(7)(c) is repealed July 1, 2007.
558
[(5)] (6) Section
53B-8-104.5
is repealed July 1, 2009.
559
Section 19. Repealer.
560
This bill repeals:
561
Section 53A-1a-516, Technical support for charter schools.
Legislative Review Note
as of 2-6-04 1:20 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.