H.B. 169

1

VIRTUAL CHARTER SCHOOLS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies charter school provisions relating to virtual charter schools.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . requires the State Charter School Board and the State Board of Education to
14 establish a virtual charter school that will begin operations in the 2007-08 school
15 year;
16 . provides exemptions from certain statutes and requires a waiver of certain State
17 Board of Education rules;
18 . provides for virtual charter school student participation in programs at other public
19 schools;
20 . provides for the funding of virtual charter schools; and
21 . makes technical corrections.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . $100,000 from the Uniform School Fund for fiscal year 2006-07 only, to the State
25 Board of Education.
26 Other Special Clauses:
27 This bill provides an immediate effective date.

28 Utah Code Sections Affected:
29 AMENDS:
30 53A-1a-501.3, as enacted by Chapter 251, Laws of Utah 2004
31 ENACTS:
32 53A-1a-517, Utah Code Annotated 1953
33 53A-1a-518, Utah Code Annotated 1953
34 53A-1a-519, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53A-1a-501.3 is amended to read:
38 53A-1a-501.3. Definitions.
39 As used in this part[, "chartering]:
40 (1) "Chartering entity" means the entity that authorizes the establishment of a charter
41 school.
42 (2) "Virtual charter school" means a charter school that uses technology in order to
43 provide a preponderance of its curriculum and instruction to its students through the Internet or
44 other electronic means in a manner that fosters on-demand, interactive, self-paced, and
45 individualized instruction.
46 Section 2. Section 53A-1a-517 is enacted to read:
47 53A-1a-517. Virtual charter school.
48 (1) The State Charter School Board and the State Board of Education may authorize
49 and approve virtual charter schools.
50 (2) Notwithstanding the charter school caps under Section 53A-1a-502.5 and the
51 application requirements under this part, the State Charter School Board and the State Board of
52 Education shall authorize and approve a virtual charter school that:
53 (a) begins operation in the 2007-08 school year; and
54 (b) has a maximum full-time equivalent student capacity of 2,000 students for the
55 2007-08 school year.
56 (3) The State Board of Education shall waive any necessary rules to accommodate the
57 authorization of a virtual charter school under Subsection (2).
58 (4) The State Charter School Board and the State Board of Education may authorize

59 and approve additional full-time equivalent student capacity for the virtual charter school
60 authorized under Subsection (2) in subsequent school years.
61 (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
62 State Board of Education shall make rules providing:
63 (a) definitions and minimum standards for virtual charter schools and their operations;
64 and
65 (b) procedures for the distribution of funds appropriated for virtual charter schools.
66 Section 3. Section 53A-1a-518 is enacted to read:
67 53A-1a-518. Virtual charter school students -- Participation in other public
68 schools.
69 (1) A person having control of a minor under this part who is enrolled in a virtual
70 charter school may also enroll the minor in another public school or public school program as
71 provided in this section.
72 (2) The minor may participate in any academic activity in the other public school
73 available to students in the minor's grade or age group, subject to compliance with the same
74 rules and requirements that apply to a full-time student's participation in the activity.
75 (3) (a) A student who participates in another public school program in accordance with
76 the provisions in this section is considered a student of that public school for purposes of the
77 student's participation in that program.
78 (b) The virtual charter school and the other public school shall enter into an agreement
79 to cover the reasonable costs of participation in the program.
80 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
81 State Board of Education shall make rules:
82 (a) governing participation in programs as described in this section, including:
83 (i) the sharing of costs as described in Subsection (3); and
84 (ii) regulating the transferability of credits that are earned in a virtual charter school;
85 and
86 (b) providing the policies and procedures necessary to permit students enrolled in a
87 virtual charter school to participate in public school extracurricular activities.
88 Section 4. Section 53A-1a-519 is enacted to read:
89 53A-1a-519. Virtual charter schools -- Charter authority required -- Funding.

90 (1) A charter school may not operate as a virtual charter school unless the charter
91 school has specific authority in its charter to operate as a virtual charter school.
92 (2) A virtual charter school shall receive the funding for charter schools as provided in
93 this part.
94 Section 5. One-time appropriation for virtual charter schools.
95 (1) There is appropriated $100,000 from the Uniform School Fund for fiscal year
96 2006-07 only, to the State Board of Education.
97 (2) It is the intent of the Legislature that the appropriation in Subsection (1) shall be
98 used to provide start-up funds for virtual charter schools.
99 Section 6. Effective date.
100 If approved by two-thirds of all the members elected to each house, this bill takes effect
101 upon approval by the governor, or the day following the constitutional time limit of Utah
102 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
103 the date of veto override.




Legislative Review Note
as of 2-15-07 11:45 AM

Office of Legislative Research and General Counsel