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S.B. 52





Sponsor: Howard A. Stephenson

             6      TO 16 CHARTER SCHOOLS FOR THE 2000-01 SCHOOL YEAR AND UP TO 24 FOR THE
             9      DATE.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53A-1a-502, as enacted by Chapter 231, Laws of Utah 1998
             13          53A-1a-513, as enacted by Chapter 231, Laws of Utah 1998
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 53A-1a-502 is amended to read:
             16           53A-1a-502. Authorization - Creation of charter schools.
             17          (1) (a) [As a second part of the Schools for the 21st Century initiative the] The Legislature
             18      authorizes the creation of up to [eight] 16 charter schools for [a three-year pilot program] the
             19      2000-01 school year.
             20          (b) Up to 24 charter schools are authorized for the 2001-02 school year.
             21          (2) Charter schools are considered to be part of the state's public education system.
             22          (3) A charter school may be established by creating a new school or converting an existing
             23      public school to charter status.
             24          Section 2. Section 53A-1a-513 is amended to read:
             25           53A-1a-513. Funding for charter schools.
             26          (1) (a) A student enrolled in a charter school is considered a resident student of the school
             27      district in which the school is located for purposes of state funding, including, but not limited to,

             28      moneys the student would generate as a result of qualifying for such programs as special education,
             29      students at risk, and gifted and talented.
             30          (b) [(i)] The State Board of Education shall adopt rules to provide:
             31          [(A)] (i) that the school district in which a charter school student resides shall pay to the
             32      school district in which the charter school is located [1/2 of] the amount by which the resident
             33      district's per student expenditure exceeds the value of the state funding under Subsection (1)(a),
             34      taking into account state school funding laws that require certain local monies to remain with the
             35      resident district; and
             36          [(B)] (ii) for the distribution of moneys to charter schools under this section.
             37          [(ii) The rules adopted pursuant to Subsection (b)(i)(A) that require 1/2 rather than all of
             38      the amount take into account state school funding laws that require certain local moneys to remain
             39      within the resident district.]
             40          (c) If a charter school is providing eligible programs or services to eligible students funded
             41      by federal moneys, any eligible student enrolled in a charter school in the school district shall
             42      receive federal moneys for the same level of service provided students in the schools operated by
             43      the local school board.
             44          (2) (a) The board shall also adopt rules relating to the transportation of students to and
             45      from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
             46          (b) The governing body of the charter school may provide transportation through an
             47      agreement or contract with the local school board, a private provider, or with parents.
             48          (3) (a) (i) The state superintendent of public instruction may allocate grants for both
             49      start-up and ongoing costs to eligible charter school applicants from monies appropriated for the
             50      implementation of this [act] part.
             51          [(b)] (ii) Applications for the grants shall be filed on a form determined by the state
             52      superintendent and in conjunction with the application for a charter.
             53          [(c)] (iii) The amount of a grant may vary based upon the size, scope, and special
             54      circumstances of the charter school.
             55          [(d)] (iv) The governing board of the charter school shall use the grant to meet the
             56      expenses of the school as established in the school's charter.
             57          (b) The State Board of Education shall coordinate the distribution of federal monies
             58      appropriated to help fund costs for establishing and maintaining charter schools within the state.

             59          (4) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
             60      endowment, gift, or donation of any property made to the school for any of the purposes of this
             61      part[, except that federal grants targeted specifically for charter schools may not be used to fund
             62      charter schools under the pilot program if the State Board of Education or the charter school
             63      determines that conditions attached to using the grant would compromise the integrity of the pilot
             64      program].
             65          (b) It is unlawful for any person affiliated with a charter school to demand or request any
             66      gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the
             67      charter school as a condition for employment or enrollment at the school or continued attendance
             68      at the school.
             69          (5) (a) The State Office of Education shall publish and make available to charter school
             70      applicants a list of vacant and unused portions of buildings that are owned by the state or by school
             71      districts in the state and that may be suitable for the operation of a charter school.
             72          (b) The locally elected school board of the district in which a district owned building is
             73      located must give its approval before the building can be placed on the list under Subsection (5)(a)
             74          (c) The list shall include the address and owner of each building and a short description
             75      of the building.
             76          (d) Nothing in this Subsection (5) requires the owner of a building on the list to sell or
             77      lease the building or a portion of the building to a charter school.
             78          Section 3. Effective date.
             79          This act takes effect on July 1, 2000.

Legislative Review Note
    as of 1-4-00 5:37 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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