53A-1a-502.5. Charter schools -- Maximum authorized students.
(1) The State Charter School Board and local school boards may only authorize a
combined maximum student capacity of:
(a) 32,921 students for the charter schools in the 2008-09 school year; and
(b) beginning in the 2009-10 school year, an annual increase in charter school enrollment
capacity equal to 1.4% of total school district enrollment as of October 1 of the previous school
year.
(2) (a) The State Board of Education, in consultation with the State Charter School
Board, shall allocate the students under Subsection (1) between the State Charter School Board
and local school boards.
(b) One-third of the student capacity described under Subsection (1)(b) shall be allocated
to increase the maximum student capacity of operating charter schools.
(c) If the operating charter schools do not use the allocation described under Subsection
(2)(b), the remaining student capacity may be used by new charter schools.
(3) An increase in charter school enrollment capacity in the 2011-12 school year or
thereafter shall receive:
(a) tentative approval by the State Board of Education by November 30 of the year that is
two years before the year that the increase in charter school enrollment capacity takes effect; and
(b) final approval by the State Board of Education by the following April 1, subject to
legislative authorization of the increase in charter school enrollment capacity.
Amended by Chapter 391, 2009 General Session
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Last revised: Thursday, May 28, 2009