S.B.
151
AUTHORIZATION OF CHARTER SCHOOLS BY HIGHER EDUCATION
INSTITUTIONS
Senate Committee
Amendments
Amendment 2 February 4, 2013 2:01 PM
Senator J. Stuart Adams
proposes the following amendments:
1. Page
1, Line 17
:
17
a charter school;
and
2. Page
1, Lines 20 through 21
:
20
applications
{
; and
21
. prohibits a higher education institution from operating a charter school
}
.
3. Page
1, Line 28
:
28
{
53A-1a-518, as last amended by Laws of Utah 2010, Chapter 162
}
4. 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
}
Section 1
.
Section
53A-1a-521
is amended to read: