53A-1a-513. Funding for charter schools.
(1) As used in this section:
(a) "Charter school students' average local revenues" means the amount determined as
follows:
(i) for each student enrolled in a charter school on the previous October 1, calculate the
district per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter school
on the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
enrolled in charter schools on the previous October 1.
(b) "District per pupil local revenues" means the amount determined as follows, using
data from the most recently published school district annual financial reports and state
superintendent's annual report:
(i) calculate the sum of a school district's revenue received from:
(A) a voted levy imposed under Section 53A-17a-133;
(B) a board levy imposed under Section 53A-17a-134;
(C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145;
(D) a tort liability levy imposed under Section 63G-7-704;
(E) a capital outlay levy imposed under Section 53A-16-107; and
(F) a voted capital outlay levy imposed under Section 53A-16-110; and
(ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
(A) a school district's average daily membership; and
(B) the average daily membership of a school district's resident students who attend
charter schools.
(c) "Resident student" means a student who is considered a resident of the school district
under Title 53A, Chapter 2, Part 2, District of Residency.
(d) "Statewide average debt service revenues" means the amount determined as follows,
using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed under
Section 11-14-310; and
(ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school district
average daily membership.
(2) (a) Charter schools shall receive funding as described in this section, except
Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
(b) Charter schools authorized by local school boards that are converted from district
schools or operate in district facilities without paying reasonable rent shall receive funding as
prescribed in Section 53A-1a-515.
(3) (a) Except as provided in Subsection (3)(b), a charter school shall receive state funds,
as applicable, on the same basis as a school district receives funds.
(b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program Act, to
charter schools, charter school pupils shall be weighted, where applicable, as follows:
(i) .55 for kindergarten pupils;
(ii) .9 for pupils in grades 1-6;
(iii) .99 for pupils in grades 7-8; and
(iv) 1.2 for pupils in grades 9-12.
(4) (a) (i) A school district shall allocate a portion of school district revenues for each
resident student of the school district who is enrolled in a charter school on October 1 equal to
25% of the lesser of:
(A) district per pupil local revenues; or
(B) charter school students' average local revenues.
(ii) For the purpose of allocating school district revenues under Subsection (4)(a)(i) in
fiscal year 2008-09 only, a kindergarten student who is enrolled in less than a full-day
kindergarten program is weighted as .55 of a student.
(iii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
established under Chapter 28, Utah School Bond Guaranty Act.
(b) The State Board of Education shall:
(i) deduct an amount equal to the allocation provided under Subsection (4)(a) from state
funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum School
Program Act; and
(ii) remit the money to the student's charter school.
(c) Notwithstanding the method used to transfer school district revenues to charter
schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
schools under this section from:
(i) unrestricted revenues available to the school district; or
(ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on the
portion of the allocations to charter schools attributed to each of the revenue sources listed in
Subsections (1)(b)(i)(A) through (F).
(d) (i) Subject to future budget constraints, the Legislature shall provide an appropriation
for charter schools for each student enrolled on October 1 to supplement the allocation of school
district revenues under Subsection (4)(a).
(ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
state for a charter school student shall be the sum of:
(A) charter school students' average local revenues minus the allocation of school district
revenues under Subsection (4)(a); and
(B) statewide average debt service revenues.
(iii) If the total of a school district's allocation for a charter school student under
Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
$1427, the state shall provide an additional supplement so that a charter school receives at least
$1427 per student under this Subsection (4).
(e) Of the monies provided to a charter school under this Subsection (4), 10% shall be
expended for funding school facilities only.
(5) Charter schools are eligible to receive federal funds if they meet all applicable federal
requirements and comply with relevant federal regulations.
(6) The State Board of Education shall distribute funds for charter school students
directly to the charter school.
(7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
transportation funding.
(b) The board shall also adopt rules relating to the transportation of students to and from
charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
(c) The governing body of the charter school may provide transportation through an
agreement or contract with the local school board, a private provider, or with parents.
(8) (a) (i) The state superintendent of public instruction may allocate grants for both
start-up and ongoing costs to eligible charter school applicants from monies appropriated for the
implementation of this part.
(ii) Applications for the grants shall be filed on a form determined by the state
superintendent and in conjunction with the application for a charter.
(iii) The amount of a grant may vary based upon the size, scope, and special
circumstances of the charter school.
(iv) The governing board of the charter school shall use the grant to meet the expenses of
the school as established in the school's charter.
(b) The State Board of Education shall coordinate the distribution of federal monies
appropriated to help fund costs for establishing and maintaining charter schools within the state.
(9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
endowment, gift, or donation of any property made to the school for any of the purposes of this
part.
(b) It is unlawful for any person affiliated with a charter school to demand or request any
gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with
the charter school as a condition for employment or enrollment at the school or continued
attendance at the school.
Amended by Chapter 391, 2009 General Session
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Last revised: Thursday, May 28, 2009