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S.B. 169

             1     

CHARTER SCHOOL AMENDMENTS

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Howard A. Stephenson

             5      This act modifies provisions related to the State System of Public Education to amend the
             6      Utah Charter Schools Act. The act removes the pilot program status of charter schools. It
             7      authorizes the creation of an additional four charter schools under the sponsorship of the
             8      State Board of Education for the 2001-02 school year and an increase of four per year for
             9      each consecutive school year. The act provides a procedure to remedy noncompliance with
             10      the Utah Charter Schools Act by a charter school and allows for termination of the school's
             11      charter if the school does not come into compliance within an established timeline. The act
             12      modifies the funding formula to provide additional monies for charter schools. The act
             13      provides for sponsoring of charter schools by local school boards. The act takes effect July
             14      1, 2001.
             15      This act affects sections of Utah Code Annotated 1953 as follows:
             16      AMENDS:
             17          53A-1a-502, as enacted by Chapter 231, Laws of Utah 1998
             18          53A-1a-508, as enacted by Chapter 231, Laws of Utah 1998
             19          53A-1a-509, as enacted by Chapter 231, Laws of Utah 1998
             20          53A-1a-513, as enacted by Chapter 231, Laws of Utah 1998
             21      ENACTS:
             22          53A-1a-515, Utah Code Annotated 1953
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 53A-1a-502 is amended to read:
             25           53A-1a-502. Authorization - Creation of charter schools.
             26          (1) (a) [As a second part of the Schools for the 21st Century initiative the] The Legislature
             27      authorizes the creation of up to [eight] 12 charter schools for [a three-year pilot program] the


             28      2001-02 school year.
             29          (b) The number of charter schools authorized under this section shall be increased by four
             30      per year for each school year beginning with the 2002-03 school year.
             31          (2) Charter schools are considered to be part of the state's public education system.
             32          (3) A charter school may be established by creating a new school or converting an existing
             33      public school to charter status.
             34          Section 2. Section 53A-1a-508 is amended to read:
             35           53A-1a-508. Content of a charter -- Term -- Renewal.
             36          (1) The major issues involving the operation of a charter school shall be considered in
             37      advance by the applicant for a charter school and written into the school's charter.
             38          (2) The governing body of the charter school and the State Board of Education shall sign
             39      the charter.
             40          (3) The charter shall include:
             41          (a) the age or grade levels to be served by the school;
             42          (b) the governance structure of the [charter] school;
             43          (c) the financial plan for the school and the provisions which will be made for auditing the
             44      school under Subsection 53A-1a-507 (4)(a);
             45          (d) the mission and education goals of the school, the curriculum offered, and the methods
             46      of assessing whether students are meeting educational goals, to include at a minimum participation
             47      in the [state's public education statewide assessment program and end-of-level core curriculum
             48      assessments] Utah Performance Assessment System for Students under Chapter 1, Part 6,
             49      Achievement Tests;
             50          (e) admission and dismissal procedures, including suspension procedures;
             51          (f) procedures to review complaints of parents regarding the operation of the school;
             52          (g) the opportunity for parental involvement at the school;
             53          (h) how the school will provide adequate liability and other appropriate insurance for the
             54      school, its governing body, and its employees, including its ability to participate in the state's risk
             55      management insurance program;
             56          (i) the proposed school calendar, including the length of the school day and school year;
             57          (j) whether any agreements have been entered into or plans developed with school districts
             58      regarding participation of charter school students in extracurricular activities within the school


             59      districts;
             60          (k) the physical facility in which the school will be located, if known at the time of
             61      application, and its address;
             62          (l) the qualifications to be required of the teachers; and
             63          (m) in the case of an existing public school converting to charter status, alternative
             64      arrangements for current students who choose not to attend the charter school and for current
             65      teachers who choose not to teach at the school after its conversion to charter status.
             66          (4) A charter is for three years and may be modified during the three-year term by mutual
             67      agreement of the [state] board and the governing body of the school.
             68          Section 3. Section 53A-1a-509 is amended to read:
             69           53A-1a-509. Accountability report -- Noncompliance.
             70          (1) The governing body of a charter school shall make annual progress reports to the State
             71      Board of Education, the local school board of the district in which the school is located, and the
             72      Legislature through its Education Interim Committee.
             73          (2) The report shall contain at least the following information:
             74          (a) the school's progress toward achieving its goals as set out in the charter; and
             75          (b) financial records of the school, including revenues, expenditures, and employee salary
             76      and benefit levels.
             77          (3) (a) If a charter school is found to be out of compliance with the requirements of Section
             78      53A-1a-507 or Subsections 53A-1a-509 (1) and (2), then the State Board of Education shall notify
             79      the school's governing board in writing that the school has a reasonable time to remedy the
             80      deficiency, except as otherwise provided in Subsection 53A-1a-510 (3)(a).
             81          (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             82      State Board of Education shall make a rule regarding the timeline for remedying deficiencies under
             83      Subsection (3)(a).
             84          (c) (i) If the school does not remedy the deficiency within the established timeline, then
             85      the State Board of Education may terminate the school's charter.
             86          (ii) Subsections 53A-1a-510 (2)(a) and (b) do not apply to an action taken under this
             87      Subsection (3).
             88          Section 4. Section 53A-1a-513 is amended to read:
             89           53A-1a-513. Funding for charter schools.


             90          (1) (a) A student enrolled in a charter school is considered a resident student of the school
             91      district in which the school is located for purposes of state funding, including, but not limited to,
             92      [moneys] monies the student would generate as a result of qualifying for such programs as special
             93      education, students at risk, and gifted and talented.
             94          (b) (i) The State Board of Education shall adopt rules to provide:
             95          (A) that the school district in which a charter school student resides shall pay to the school
             96      district in which the charter school is located 1/2 of the amount by which the resident district's per
             97      student expenditure exceeds the value of the state funding under Subsection (1)(a); and
             98          (B) for the distribution of [moneys] monies to charter schools under this section.
             99          (ii) The rules adopted pursuant to Subsection (1)(b)(i)(A) that require 1/2 rather than all
             100      of the amount take into account state school funding laws that require certain local moneys to
             101      remain within the resident district.
             102          (c) The Legislature shall provide an appropriation for charter schools for each of their
             103      students equal to 1/2 of the statewide school district average per student expenditure in excess of
             104      state funding under Subsection (1)(a) to supplement the local monies received by a charter school
             105      under Subsection (1)(b)(i)(A).
             106          [(c)] (d) If a charter school is providing eligible programs or services to eligible students
             107      funded by federal [moneys] monies, any eligible student enrolled in a charter school in the school
             108      district shall receive federal [moneys] monies for the same level of service provided students in
             109      the schools operated by the local school board.
             110          (2) (a) The board shall also adopt rules relating to the transportation of students to and
             111      from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
             112          (b) The governing body of the charter school may provide transportation through an
             113      agreement or contract with the local school board, a private provider, or with parents.
             114          (3) (a) (i) The state superintendent of public instruction may allocate grants for both
             115      start-up and ongoing costs to eligible charter school applicants from monies appropriated for the
             116      implementation of this [act] part.
             117          [(b)] (ii) Applications for the grants shall be filed on a form determined by the state
             118      superintendent and in conjunction with the application for a charter.
             119          [(c)] (iii) The amount of a grant may vary based upon the size, scope, and special
             120      circumstances of the charter school.


             121          [(d)] (iv) The governing board of the charter school shall use the grant to meet the
             122      expenses of the school as established in the school's charter.
             123          (b) The State Board of Education shall coordinate the distribution of federal monies
             124      appropriated to help fund costs for establishing and maintaining charter schools within the state.
             125          (4) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
             126      endowment, gift, or donation of any property made to the school for any of the purposes of this
             127      part[, except that federal grants targeted specifically for charter schools may not be used to fund
             128      charter schools under the pilot program if the State Board of Education or the charter school
             129      determines that conditions attached to using the grant would compromise the integrity of the pilot
             130      program].
             131          (b) It is unlawful for any person affiliated with a charter school to demand or request any
             132      gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the
             133      charter school as a condition for employment or enrollment at the school or continued attendance
             134      at the school.
             135          (5) (a) The State Office of Education shall publish and make available to charter school
             136      applicants a list of vacant and unused portions of buildings that are owned by the state or by school
             137      districts in the state and that may be suitable for the operation of a charter school.
             138          (b) The locally elected school board of the district in which a district owned building is
             139      located must give its approval before the building can be placed on the list under Subsection (5)(a).
             140          (c) The list shall include the address and owner of each building and a short description
             141      of the building.
             142          (d) Nothing in this Subsection (5) requires the owner of a building on the list to sell or
             143      lease the building or a portion of the building to a charter school.
             144          Section 5. Section 53A-1a-515 is enacted to read:
             145          53A-1a-515. Charters sponsored by local school boards.
             146          (1) Individuals and entities identified in Section 53A-1a-505 may enter into an agreement
             147      with a local school board to establish and operate a charter school within the geographical
             148      boundaries of the school district administered by the board, subject to the same requirements
             149      established in Sections 53A-1a-504 through 53A-1a-514 , except as otherwise provided in this
             150      section.
             151          (2) These schools are in addition to the limited number of charter schools authorized under


             152      the sponsorship of the State Board of Education in Section 53a-1a-502 .
             153          (3) (a) An existing public school that converts to charter status may:
             154          (i) continue to receive the same services from the school district that it received prior to
             155      its conversion; or
             156          (ii) contract out for some or all of those services with other public or private providers.
             157          (b) Any other charter school sponsored by a local school board may contract with the
             158      board to receive some or all of the services referred to in Subsection (3)(a).
             159          (4) (a) (i) A public school that converts to a charter school under Subsection (3)(a) shall
             160      receive funding on the same basis as it did prior to its conversion to a charter school.
             161          (ii) The school may also receive federal monies designated for charter schools under any
             162      federal program.
             163          (b) (i) Any other charter school sponsored by a local school board shall receive funding
             164      as provided under Subsection (4)(a), except as otherwise provided in Subsection (4)(b)(ii).
             165          (ii) If the charter school is not operating out of a facility owned by the school district, then
             166      the funding provisions of Section 53A-1a-513 apply.
             167          (5) (a) A local school board that receives an application for a charter school under this
             168      section shall, within 45 days, either accept or reject the application.
             169          (b) If the board rejects the application, it shall notify the applicant in writing of the reason
             170      for the rejection.
             171          (c) The applicant may submit a revised application for reconsideration by the board.
             172          (d) If the local school board refuses to sponsor the applicant, then the applicant may seek
             173      a charter from the State Board of Education under Section 53A-1a-505 .
             174          (e) The local board's action under Subsection (5)(d) is final action subject to judicial
             175      review.
             176          (6) A local school board may terminate a charter school it sponsors under this section for
             177      the same reasons and under the same procedures followed by the State Board of Education under
             178      Subsection 53A-1a-509 (3).
             179          Section 6. Effective date.
             180          This act takes effect on July 1, 2001.





Legislative Review Note
    as of 1-26-01 2:19 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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