H.B. 160

1

CHARTER SCHOOL LAW REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca D. Lockhart
5 Senate Sponsor: Dan R. Eastman
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to charter schools.
10 Highlighted Provisions:
11 This bill:
12 . modifies the appointment procedures for the staff director of the State Charter
13 School Board;
14 . modifies provisions relating to the purposes and status of charter schools;
15 . requires the State School Board, in consultation with the State Charter School
16 Board, to make rules relating to charter school accountability; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-1a-501.7, as enacted by Laws of Utah 2004, Chapter 251
25 53A-1a-503, as last amended by Laws of Utah 2004, Chapter 251
26 53A-1a-503.5, as enacted by Laws of Utah 2004, Chapter 251
27 ENACTS:

28 53A-1a-519, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-1a-501.7 is amended to read:
32 53A-1a-501.7. State Charter School Board -- Staff director -- Facilities.
33 (1) (a) The State Charter School Board, with the consent of the superintendent of
34 public instruction, shall appoint a staff director for the State Charter School Board [shall be
35 appointed by the superintendent of public instruction, with the consent of the State Charter
36 School Board].
37 [(b) If the State Charter School Board withholds consent of an appointment, the board
38 shall state its reasons in writing to the superintendent of public instruction.]
39 [(c)] (b) The State Charter School Board [may petition the superintendent of public
40 instruction for removal of the staff director for cause; however, the superintendent of public
41 instruction] shall have sole authority to remove the staff director.
42 [(d)] (c) The position of staff director is exempt from the career service provisions of
43 Title 67, Chapter 19, Utah State Personnel Management Act.
44 (2) The superintendent of public instruction shall provide space for staff of the State
45 Charter School Board in facilities occupied by the Utah State Office of Education, with costs
46 charged for the facilities equal to those charged other sections and divisions within the Utah
47 State Office of Education and Utah State Office of Rehabilitation.
48 Section 2. Section 53A-1a-503 is amended to read:
49 53A-1a-503. Purpose.
50 The purposes of the state's charter schools as a whole are to:
51 (1) continue to improve student learning;
52 (2) encourage the use of different and innovative teaching methods;
53 (3) create new professional opportunities for educators that will allow them to actively
54 participate in designing and implementing the learning program at the school;
55 (4) increase choice of learning opportunities for students;
56 (5) establish new models of public schools and a new form of accountability for
57 schools that emphasizes the measurement of learning outcomes and the creation of innovative
58 measurement tools;

59 (6) provide opportunities for greater parental involvement in management decisions at
60 the school level; and
61 (7) expand public school choice in areas where schools have been identified for school
62 improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
63 20 U.S.C. Sec. 6301 et seq.
64 Section 3. Section 53A-1a-503.5 is amended to read:
65 53A-1a-503.5. Status of charter schools.
66 (1) Charter schools are:
67 (a) considered to be public schools within the state's public education system; [and]
68 (b) subject to Subsection 53A-1-401 (3)[.]; and
69 (c) governed by independent boards and held accountable to a legally binding written
70 contractual agreement.
71 (2) A charter school may be established by creating a new school or converting an
72 existing public school to charter status.
73 Section 4. Section 53A-1a-519 is enacted to read:
74 53A-1a-519. Accountability -- Rules.
75 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and
76 after consultation with the State Charter School Board, the State Board of Education shall
77 make rules that:
78 (1) require a charter school to develop an accountability plan, approved by the State
79 Charter School Board, during its first year of operation;
80 (2) require a charter school authorizer to:
81 (a) conduct periodic visits to its charter schools; and
82 (b) provide written reports to its charter schools after the visits; and
83 (3) establish a review process that is required of a charter school once every five years
84 by its authorizer.




Legislative Review Note
as of 1-24-08 12:17 PM

Office of Legislative Research and General Counsel