February 4, 2013
Mr. President:
The Education Committee reports a favorable recommendation on S.B. 151,
AUTHORIZATION OF CHARTER SCHOOLS BY HIGHER EDUCATION INSTITUTIONS,
by Senator J. S. Adams, with the following amendments:
year
}
Respectfully,
Stuart C. Reid
Voting: 6-0-2
1. Page
1, Line 20
:
20
applications;
and
}
. modifies an annual fee for payment of a board of trustee's costs in providing
oversight and technical support to a charter school; and
2. Page
1, Line 25
:
25
None
}
This bill provides an immediate effective date.
3. Page
4, Lines 117 through 120
:
117
Subsection (6)(a) may not exceed the product of
:
118
(i)
}
3% of the revenue the charter school receives from the state in the current
fiscal
119
year
; and
120
(ii) the October 1 enrollment count of the charter school for the current fiscal
4. Page
5, Lines 122 through 125
:
122
described in Subsection (6)(a) may not exceed the product of
:
123
(i)
}
1% of the revenue a charter school receives from the state in the current
fiscal year
;
124
and
125
(ii) the October 1 enrollment count of the charter school for the current fiscal
year
}
.
5. Page
5, Line 151
:
151
policy governing the procedures or criteria described in Subsection (8)(a).
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this bill
takes effect upon approval by the governor, or the day following the constitutional
time limit of Utah Constitution Article VII, Section 8, without the governor's
signature, or in the case of a veto, the date of veto override.
6. Page
1, Line 17
:
17
a charter school;
7. Page
1, Lines 20 through 21
:
20
applications
; and
21
. prohibits a higher education institution from operating a charter
school
}
.
8. Page
1, Line 28
:
28
53A-1a-518, as last amended by Laws of Utah 2010, Chapter 162
}
9. Page
2, Line 32 through Page 3, Line 80
:
32
Section 1.
Section
53A-1a-518
is amended to read:
33
53A-1a-518. Regulated transactions and relationships -- Definitions -- Entities
34
prohibited from operating a charter school.
35
(1) As used in this section:
36
(a) "Charter school officer" means:
37
(i) a member of a charter school's governing board;
38
(ii) a member of a board or an officer of a nonprofit corporation under which a
charter
39
school is organized and managed; or
40
(iii) the chief administrative officer of a charter school.
41
(b) (i) "Employment" means a position in which a person's salary, wages, pay,
or
42
compensation, whether as an employee or contractor, is paid from charter school
funds.
43
(ii) "Employment" does not include a charter school volunteer.
44
(c) "Relative" means a father, mother, husband, wife, son, daughter, sister,
brother,
45
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
brother-in-law,
46
sister-in-law, son-in-law, or daughter-in-law.
47
(2) (a) Except as provided in Subsection (2)(b), a relative of a charter school
officer
48
may not be employed at a charter school.
49
(b) If a relative of a charter school officer is to be considered for employment
in a
50
charter school, the charter school officer shall:
51
(i) disclose the relationship, in writing, to the other charter school officers;
52
(ii) submit the employment decision to the charter school's governing board for
the
53
approval, by majority vote, of the charter school's governing board;
54
(iii) abstain from voting on the issue; and
55
(iv) be absent from any meeting when the employment is being considered and
56
determined.
57
(3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school
officer or a
58
relative of a charter school officer may not have a financial interest in a contract or
other
59
transaction involving a charter school in which the charter school officer serves as a
charter
60
school officer.
61
(b) If a charter school's governing board considers entering into a contract or
executing
62
a transaction in which a charter school officer or a relative of a charter school
officer has a
63
financial interest, the charter school officer shall:
64
(i) disclose the financial interest, in writing, to the other charter school officers;
65
(ii) submit the contract or transaction decision to the charter school's
governing board
66
for the approval, by majority vote, of the charter school's governing board;
67
(iii) abstain from voting on the issue; and
68
(iv) be absent from any meeting when the contract or transaction is being
considered
69
and determined.
70
(c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
71
employment for:
72
(i) the chief administrative officer of a charter school; or
73
(ii) a relative of the chief administrative officer of a charter school whose
employment
74
is approved in accordance with the provisions in Subsection (2).
75
(4) The [State Board of Education or State Charter School Board] following
entities
76
may not operate a charter school[.]:
77
(a) the State Board of Education;
78
(b) the State Charter School Board; and
79
(c) a higher education institution listed in Section
53B-2-101
.
80
Section 2
}
Committee Chair
3 SB0151.SC1.wpd anicholson/AMN AOS/CCS 2/4/13 6:11 pm
Bill Number