53A-1a-515. Charters authorized by local school boards.
(1) (a) Individuals and entities identified in Section 53A-1a-504 may enter into an
agreement with a local school board to establish and operate a charter school within the
geographical boundaries of the school district administered by the board.
(b) The charter schools described in Subsection (1)(a) are in addition to the limited
number of charter schools authorized by the State Charter School Board in Section
53A-1a-502.5.
(2) (a) An existing public school that converts to charter status under a charter granted by
a local school board may:
(i) continue to receive the same services from the school district that it received prior to
its conversion; or
(ii) contract out for some or all of those services with other public or private providers.
(b) Any other charter school authorized by a local school board may contract with the
board to receive some or all of the services referred to in Subsection (3)(a).
(3) (a) (i) A public school that converts to a charter school under a charter granted by a
local school board shall receive funding:
(A) through the school district; and
(B) on the same basis as it did prior to its conversion to a charter school.
(ii) The school may also receive federal monies designated for charter schools under any
federal program.
(b) (i) A local school board-authorized charter school operating in a facility owned by the
school district and not paying reasonable rent to the school district shall receive funding:
(A) through the school district; and
(B) on the same basis that other district schools receive funding.
(ii) The school may also receive federal monies designated for charter schools under any
federal program.
(c) Subject to the provisions in Section 53A-1a-502.5, a charter school authorized by a
local school board shall receive funding as provided in Section 53A-1a-513.
(d) (i) A charter school authorized by a local school board, but not described in
Subsection (3)(a), (b), or (c) shall receive funding:
(A) through the school district; and
(B) on the same basis that other district schools receive funding.
(ii) The school may also receive federal monies designated for charter schools under any
federal program.
(4) (a) A local school board that receives an application for a charter school under this
section shall, within 45 days, either accept or reject the application.
(b) If the board rejects the application, it shall notify the applicant in writing of the
reason for the rejection.
(c) The applicant may submit a revised application for reconsideration by the board.
(d) If the local school board refuses to authorize the applicant, the applicant may seek a
charter from the State Charter School Board under Section 53A-1a-505.
(5) The State Board of Education shall make a rule providing for a timeline for the
opening of a charter school following the approval of a charter school application by a local
school board.
(6) (a) After approval of a charter school application, the applicant and the local 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.
(7) A local school board shall:
(a) annually review and evaluate the performance of charter schools authorized by the
local school board and hold the schools accountable for their performance;
(b) monitor charter schools authorized by the local school board for compliance with
federal and state laws, rules, and regulations; and
(c) provide technical support to charter schools authorized by the local school board to
assist them in understanding and performing their charter obligations.
(8) A local school board may terminate a charter school it authorizes as provided in
Sections 53A-1a-509 and 53A-1a-510.
(9) In addition to the exemptions described in Sections 53A-1a-511 and 53A-1a-512, a
charter school authorized by a local school board is:
(a) not required to separately submit a report or information required under this title to
the State Board of Education if the information is included in a report or information that is
submitted by the local school board or school district; and
(b) exempt from the requirement under Section 53A-1a-507 that a charter school shall be
organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
Amended by Chapter 344, 2007 General Session
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Last revised: Thursday, May 28, 2009