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:


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