[[
(d)
]]
(e)
is final action subject to judicial review.
Amendment 3:
1. Page
10, Line 297 through Page 11, Line 307
:
297
[[
(o) a statement indicating whether the school will seek accreditation and, if so,
the
298
standards or accrediting body under which the school will seek accreditation;
299
(p)
]]
(o)
the school's intention to create a library;
300
[[
(q)
]]
(p)
a description of school administrative and supervisory
services;
301
[[
(r)
]]
(q)
fiscal procedures to be used by the school; and
302
[[
(s)
]]
(r)
the school's policies and procedures regarding:
303
(i) employee termination;
304
(ii) employee evaluation;
and
305
(iii) employment of relatives
[[
; and
306
(iv) standards of ethical conduct for school employees and members of the
governing
307
board
]]
.
2. Page
13, Lines 371 through 376
:
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)
]]
(i)
school libraries;
375
[[
(iii)
]]
(ii)
required school administrative and supervisory services; and
376
[[
(iv)
]]
(iii)
required expenditures for instructional supplies.
3. Page
14, Lines 410 through 415
:
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;
and
414
(c) Title 52, Chapter 3, Prohibiting Employment of Relatives
[[
; and
415
(d) Title 67, Chapter 16, Public Officers' and Employees' Ethics Act
]]
.
The motion passed unanimously with Rep. Christensen, Rep. Gowans, Rep. Hughes, Rep.
Johnson, Rep. King, and Rep. Shurtliff absent for the vote.
Those who spoke against the bill:
Ray Timothy, Associate Superintendent, Utah State Office of Education, also representing
Steven O. Laing
Kim R. Burningham, Chair, State Board of Education
Sarah Meier, Utah School Boards Association, Granite School Board
Those who spoke in favor of the bill:
Brian Allen, former State Reprepesentative
Susie Ashliman, Thomas Edison Charter School
Carolyn Sharette, Utah Association of Public Charter Schools
Those who spoke to the bill:
Jeff Leonard, General Counsel, Utah School Employees Association
MOTION: Rep. Dougall moved to amend H.B.152 as follows:
1. Page 2, Line 49: After line 49 insert:
" 53A-1a-513, as last amended by Chapter 320, Laws of Utah
2003"
2. Page 14, Line 428: After line 428 insert:
"Section 16. Section 53A-1a-513 is amended to read:
53A-1a-513. Funding for charter schools.
(1) (a) Charter schools shall receive funding as described in this
section, except Subsections (2) through (7) do not apply to charter
schools described in Subsection (1)(b).
(b) Charter schools sponsored by local school boards that are
converted from district schools or operate in district facilities
without paying reasonable rent shall receive funding as prescribed
in Section
53A-1a-515
.
(2) (a) Except as provided in Subsection (2)(b), a charter school
shall receive state funds, as applicable, on the same basis as a
school district receives funds.
(b) In distributing funds under Title 53A, Chapter 17a, Minimum
School Program Act, to charter schools, charter school pupils shall
be weighted, where applicable, as follows:
(i) .55 for kindergarten pupils;
(ii) .9 for pupils in grades 1-6;
(iii) .99 for pupils in grades 7-8; and
(iv) 1.2 for pupils in grades 9-12.
(c) The State Board of Education shall make rules in accordance
with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
to administer Subsection (2)(b), including hold harmless provisions
to maintain a charter elementary school's funding level for a period
of two years after the effective date of the distribution formula.
(d) Subsection (2)(b) does not apply to funds appropriated to
charter schools to replace local property tax revenues.
(3) The State Board of Education shall adopt rules to provide for
the distribution of monies to charter schools under this section.
(4) The Legislature shall provide an appropriation for charter
schools for each of their students to replace some of the local
property tax revenues that are not available to charter schools. The
amount of money provided for each charter school student shall be
determined by:
(a) calculating the sum of:
(i) school districts' operations and maintenance revenues derived
from local property taxes, except revenues from imposing a
minimum basic tax rate pursuant to Section
53A-17a-135
;
(ii) school districts' capital projects revenues derived from local
property taxes; and
(iii) school districts' expenditures for interest on debt; and
(b) dividing the sum by the total average daily membership of the
districts' schools.
(5) Charter schools are eligible to receive federal funds if they
meet all applicable federal requirements and comply with relevant
federal regulations.
(6)
(a)
The State Board of Education shall distribute funds for
charter school students
enrolled in a charter school authorized by
the State Charter School Board
directly to the charter school.
(b) Funding for charter school students enrolled in a charter school
authorized by a local school board shall be distributed to the
charter school by the local school board.
(7) (a) Notwithstanding Subsection (2), a charter school is not
eligible to receive state transportation funding.
(b) The board shall also adopt rules relating to the transportation
of students to and from charter schools, taking into account
Sections
53A-2-210
and
53A-17a-127
.
(c) The governing body of the charter school may provide
transportation through an agreement or contract with the local
school board, a private provider, or with parents.
(8) (a) (i) The state superintendent of public instruction may
allocate grants for both start-up and ongoing costs to eligible
charter school applicants from monies appropriated for the
implementation of this part.
(ii) Applications for the grants shall be filed on a form determined
by the state superintendent and in conjunction with the application
for a charter.
(iii) The amount of a grant may vary based upon the size, scope,
and special circumstances of the charter school.
(iv) The governing board of the charter school shall use the grant
to meet the expenses of the school as established in the school's
charter.
(b) The State Board of Education shall coordinate the distribution
of federal monies appropriated to help fund costs for establishing
and maintaining charter schools within the state.
(9) (a) A charter school may receive, hold, manage and use any
devise, bequest, grant, endowment, gift, or donation of any
property made to the school for any of the purposes of this part.
(b) It is unlawful for any person affiliated with a charter school to
demand or request any gift, donation, or contribution from a
parent, teacher, employee, or other person affiliated with the
charter school as a condition for employment or enrollment at the
school or continued attendance at the school.
Renumber remaining sections accordingly.
3. Page 16, Line 482: After line 482 insert:
"
(9) (a) If a charter school authorized by a local school board is
found to be out of compliance with Section
53A-1a-507
or the
school's charter, the local school board shall take action as
provided in Section
53A-1a-509
.
(b) If the school does not remedy the deficiency within the
established timeline, the local school board may:
(i) terminate the school's charter; or
(ii) interrupt disbursements of state aid or withhold specific
program funds.
(c) (i) A local school board shall notify the State Board of
Education of any interruption of state funds to, or withholding of
specific program funds from, a charter school.
(ii) A local school board shall return to the State Board of
Education any state funds permanently withheld from a charter
school.
"
Renumber remaining subsections accordingly.
MOTION: Rep. Hogue made a substitute motion to pass the bill out favorably.
MOTION: Rep. Dougall moved to cut off debate. The motion failed with Rep. Dougall, Rep.
Ferrin, Rep. Hardy, Rep. Hogue , Rep. Hughes, Rep. Johnson and Rep. Newbold
voting in favor and Rep. Moss absent for the vote.
A vote was taken on Rep. Hogue's substitute motion. The motion passed with
Rep. Gowans, Rep. Holdaway, Rep. King, Rep. Pace and Rep. Shurtliff voting
in opposition and Rep.Moss absent for the vote.
MOTION: Rep. Newbold moved that February 20, 2004's meeting be extended from
6:00 p.m. until the agenda is done. The motion passed with Rep. Ferrin voting in
opposition and Rep. Moss absent for the vote.
MOTION: Rep. Johnson moved that a one minute time limit be put on each question from
committee members for February 20, 2004's meeting. The motion failed with Rep.
Johnson, Rep. Shurtliff, Rep.Ferrin and Rep. Hughes voting in favor and Rep.
Moss absent for the vote.
MOTION: Rep. Dougall moved that H.C.R.11 pass out favorably.
MOTION: Rep. Holdaway made a substitute motion to adjourn. The motion failed with Rep.
Gowans, Rep. Holdaway, Rep. Hughes, Rep. Johnson, Rep. King, Rep. Pace, Rep.
Shurtliff voting in favor and Rep. Moss absent for the vote.
A vote was taken on Rep. Dougall's motion to pass H.C.R.11 out favorably. The motion passed
with Rep. Gowans, Rep. Holdaway, Rep. King, Rep. Pace and Rep. Shurtliff voting in
opposition and Rep.Moss absent for the vote.
MOTION: Rep. Hogue moved to adjourn the meeting. The motion passed with Rep. King
voting in opposition and Rep. Moss absent for the vote.
Chair Dayton adjourned the meeting at 9:31 a.m.
____________________________
Rep. Margaret Dayton, Chair