53A-1a-505.   Application process -- Contract.
     (1) (a) An applicant seeking authorization of a charter school from the State Charter School Board shall provide a copy of the application to the local school board of the school district in which the proposed charter school shall be located either before or at the same time it files its application with the State Charter School Board.
     (b) The local board may review the application and may offer suggestions or recommendations to the applicant or the State Charter School Board prior to its acting on the application.
     (c) The State Charter School Board shall give due consideration to suggestions or recommendations made by the local school board under Subsection (1)(b).
     (d) The State Charter School Board shall review and, by majority vote, either approve or deny the application.
     (e) The State Board of Education shall, by majority vote, within 60 days after action by the State Charter School Board under Subsection (1)(d):
     (i) approve or deny an application approved by the State Charter School Board; or
     (ii) hear an appeal, if any, of an application denied by the State Charter School Board.
     (f) The State Board of Education's action under Subsection (1)(d) is final action subject to judicial review.
     (g) A charter school application may not be denied on the basis that the establishment of the charter school will have any or all of the following impacts on a public school, including another charter school:
     (i) an enrollment decline;
     (ii) a decrease in funding; or
     (iii) a modification of programs or services.
     (2) The State Board of Education shall make a rule providing a timeline for the opening of a charter school following the approval of a charter school application by the State Charter School Board.
     (3) (a) After approval of a charter school application, the applicant and the State Charter School Board shall set forth the terms and conditions for the operation of the charter school in a written contractual agreement.
     (b) The agreement is the school's charter.
     (4) (a) A school holding a charter granted by a local school board may request a charter from the State Charter School Board.
     (b) This section shall govern the application and approval of a charter requested under Subsection (4)(a).

Amended by Chapter 291, 2005 General Session
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Last revised: Thursday, May 28, 2009