H.B. 136

1

CHARTER SCHOOL ENROLLMENT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: James A. Ferrin
5
6 LONG TITLE
7 General Description:
8 This bill allows a charter school with more applicants than enrollment capacity to give
9 enrollment preference based on a student's proximity to the school.
10 Highlighted Provisions:
11 This bill:
12 . allows a charter school to give enrollment preference to students living within a
13 two-mile radius of the school or within the municipality in which the charter school
14 is located.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-1a-506, as last amended by Chapter 259, Laws of Utah 2001
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-1a-506 is amended to read:
25 53A-1a-506. Eligible students.
26 (1) All resident students of the state qualify for admission to a charter school, subject
27 to the limitations set forth in this section.

28 (2) (a) A charter school shall enroll an eligible student who submits a timely
29 application, unless the number of applications exceeds the capacity of a program, class, grade
30 level, or the school.
31 (b) (i) If the number of applications exceeds the capacity of a program, class, grade
32 level, or the school, then students shall be selected on a random basis except that the school
33 may give preference to a student of a parent who has actively participated in the development
34 of the school and to siblings of students presently enrolled in the school.
35 (ii) The school may give preference to students who reside within:
36 (A) the school district in which the school is located[.];
37 (B) the municipality in which the school is located; or
38 (C) a two-mile radius from the school.
39 (c) When a public school converts to charter status, the school shall give enrollment
40 preference to students who would have otherwise attended it as a regular public school.
41 (3) A charter school may not discriminate in its admission policies or practices on the
42 same basis as other public schools may not discriminate in their admission policies and
43 practices.




Legislative Review Note
as of 1-14-05 11:36 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel