S.B. 218

             1     

CHARTER SCHOOL AMENDMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Howard A. Stephenson

             5     
House Sponsor: Daniel McCay

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to charter schools.
             10      Highlighted Provisions:
             11          This bill:
             12          .    requires the State Board of Education, in approving an increase in charter school
             13      enrollment capacity, to give, subject to a certain exception:
             14              .    high priority to approving a charter school located in a high growth area; and
             15              .    low priority to approving a charter school located in an area where student
             16      enrollment is stable or declining; and
             17          .    requires a charter school that is approved after May 13, 2014, and is located in a
             18      high growth area to give an enrollment preference to students who reside within a
             19      two-mile radius of the charter school.
             20      Money Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26           53A-1a-502.5 , as last amended by Laws of Utah 2013, Chapter 376
             27           53A-1a-506 , as last amended by Laws of Utah 2013, Chapter 278


             28     
             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 53A-1a-502.5 is amended to read:
             31           53A-1a-502.5. Approval of increase in charter school enrollment capacity.
             32          (1) For the purposes of this section[, "next]:
             33          (a) "High growth area" means an area of the state where school enrollment is
             34      significantly increasing or projected to significantly increase.
             35          (b) "Next school year" means the school year that begins on or after the July 1
             36      immediately following the end of a general session of the Legislature.
             37          (2) The State Board of Education may approve an increase in charter school enrollment
             38      capacity in the 2012-13 school year or thereafter subject to the Legislature:
             39          (a) appropriating funds for an increase in charter school enrollment capacity in the next
             40      school year; or
             41          (b) authorizing an increase in charter school enrollment capacity in the school year
             42      immediately following the next school year.
             43          (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
             44      capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
             45      capacity for a charter school proposed and approved in response to a request for applications
             46      issued under Section 53A-1a-501.9 .
             47          (4) (a) A charter school may annually submit a request to the State Board of Education
             48      for an increase in enrollment capacity in the amount of .25 times the number of students in
             49      grades 9 through 12 enrolled in an online course in the previous school year through the
             50      Statewide Online Education Program.
             51          (b) A charter school shall submit a request for an increase in enrollment capacity
             52      pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
             53      in enrollment capacity is requested.
             54          (c) The State Board of Education shall approve a request for an increase in enrollment
             55      capacity made under Subsection (4)(a) subject to the availability of sufficient funds
             56      appropriated under Section 53A-1a-513 to provide the full amount of the per student allocation
             57      for each charter school student in the state to supplement school district property tax revenues.
             58          (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a


             59      permanent increase in the charter school's enrollment capacity.
             60          (5) (a) If the Legislature does not appropriate funds for an increase in charter school
             61      enrollment capacity that is tentatively approved by the State Board of Education, the State
             62      Board of Education shall prioritize the tentatively approved schools and expansions based on
             63      approved funds.
             64          (b) A charter school or expansion that is tentatively approved, but not funded, shall be
             65      considered to be tentatively approved for the next application year and receive priority status
             66      for available funding.
             67          (6) Except as provided in Subsection (5)(b), in approving an increase in charter school
             68      enrollment capacity for new charter schools and expanding charter schools, the State Board of
             69      Education shall give:
             70          (a) high priority to approving a new charter school or a charter school expansion in a
             71      high growth area; and
             72          (b) low priority to approving a new charter school or a charter school expansion in an
             73      area where student enrollment is stable or declining.
             74          Section 2. Section 53A-1a-506 is amended to read:
             75           53A-1a-506. Eligible students.
             76          (1) As used in this section:
             77          (a) "District school" means a public school under the control of a local school board
             78      elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
             79      Boards.
             80          (b) "Refugee" means a person who is eligible to receive benefits and services from the
             81      federal Office of Refugee Resettlement.
             82          (2) All resident students of the state qualify for admission to a charter school, subject
             83      to the limitations set forth in this section and Section 53A-1a-506.5 .
             84          (3) (a) A charter school shall enroll an eligible student who submits a timely
             85      application, unless the number of applications exceeds the capacity of a program, class, grade
             86      level, or the charter school.
             87          (b) If the number of applications exceeds the capacity of a program, class, grade level,
             88      or the charter school, students shall be selected on a random basis, except as provided in
             89      Subsections (4) through (6).


             90          (4) A charter school may give an enrollment preference to:
             91          (a) a student of a parent who has actively participated in the development of the charter
             92      school;
             93          (b) siblings of students presently enrolled in the charter school;
             94          (c) a student of a parent who is employed by the charter school;
             95          (d) students articulating between charter schools offering similar programs that are
             96      governed by the same governing body;
             97          (e) students articulating from one charter school to another pursuant to an articulation
             98      agreement between the charter schools that is approved by the State Charter School Board; or
             99          (f) students who reside within:
             100          (i) the school district in which the charter school is located;
             101          (ii) the municipality in which the charter school is located; or
             102          (iii) a two-mile radius [from] of the charter school.
             103          (5) A charter school that is approved by the State Board of Education after May 13,
             104      2014, and is located in a high growth area shall give an enrollment preference to students who
             105      reside within a two-mile radius of the charter school.
             106          [(5)] (6) If a district school converts to charter status, the charter school shall give an
             107      enrollment preference to students who would have otherwise attended it as a district school.
             108          [(6)] (7) (a) A charter school whose mission is to enhance learning opportunities for
             109      refugees or children of refugee families may give an enrollment preference to refugees or
             110      children of refugee families.
             111          (b) A charter school whose mission is to enhance learning opportunities for English
             112      language learners may give an enrollment preference to English language learners.
             113          [(7)] (8) A charter school may not discriminate in its admission policies or practices on
             114      the same basis as other public schools may not discriminate in their admission policies and
             115      practices.




Legislative Review Note
    as of 2-19-14 11:44 AM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]