H.B. 160 Enrolled

1

CHARTER SCHOOL LAW REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca D. Lockhart
5 Senate Sponsor: Dan R. Eastman
6 Cosponsors:
7 Bradley M. Daw
8 Craig A. Frank
9 Gage Froerer
10 Christopher N. HerrodGregory H. Hughes
Eric K. Hutchings
Todd E. Kiser
Merlynn T. Newbold
Michael E. NoelCurtis Oda
Aaron Tilton
Stephen H. Urquhart
Mark W. Walker 11
12 LONG TITLE
13 General Description:
14 This bill modifies provisions relating to charter schools.
15 Highlighted Provisions:
16 This bill:
17 . modifies the appointment procedures for the staff director of the State Charter
18 School Board;
19 . modifies provisions relating to the purposes and status of charter schools;
20 . requires the State School Board, in consultation with the State Charter School
21 Board, to make rules relating to charter school accountability; and
22 . makes technical corrections.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 53A-1a-501.7, as enacted by Laws of Utah 2004, Chapter 251
30 53A-1a-503, as last amended by Laws of Utah 2004, Chapter 251

31 53A-1a-503.5, as enacted by Laws of Utah 2004, Chapter 251
32 ENACTS:
33 53A-1a-519, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53A-1a-501.7 is amended to read:
37 53A-1a-501.7. State Charter School Board -- Staff director -- Facilities.
38 (1) (a) The State Charter School Board, with the consent of the superintendent of
39 public instruction, shall appoint a staff director for the State Charter School Board [shall be
40 appointed by the superintendent of public instruction, with the consent of the State Charter
41 School Board].
42 [(b) If the State Charter School Board withholds consent of an appointment, the board
43 shall state its reasons in writing to the superintendent of public instruction.]
44 [(c)] (b) The State Charter School Board [may petition the superintendent of public
45 instruction for removal of the staff director for cause; however, the superintendent of public
46 instruction] shall have [sole] authority to remove the staff director with the consent of the
47 superintendent of public instruction.
48 [(d)] (c) The position of staff director is exempt from the career service provisions of
49 Title 67, Chapter 19, Utah State Personnel Management Act.
50 (2) The superintendent of public instruction shall provide space for staff of the State
51 Charter School Board in facilities occupied by the Utah State Office of Education, with costs
52 charged for the facilities equal to those charged other sections and divisions within the Utah
53 State Office of Education and Utah State Office of Rehabilitation.
54 Section 2. Section 53A-1a-503 is amended to read:
55 53A-1a-503. Purpose.
56 The purposes of the state's charter schools as a whole are to:
57 (1) continue to improve student learning;
58 (2) encourage the use of different and innovative teaching methods;

59 (3) create new professional opportunities for educators that will allow them to actively
60 participate in designing and implementing the learning program at the school;
61 (4) increase choice of learning opportunities for students;
62 (5) establish new models of public schools and a new form of accountability for schools
63 that emphasizes the measurement of learning outcomes and the creation of innovative
64 measurement tools;
65 (6) provide opportunities for greater parental involvement in management decisions at
66 the school level; and
67 (7) expand public school choice in areas where schools have been identified for school
68 improvement, corrective action, or restructuring under the No Child Left Behind Act of 2001,
69 20 U.S.C. Sec. 6301 et seq.
70 Section 3. Section 53A-1a-503.5 is amended to read:
71 53A-1a-503.5. Status of charter schools.
72 (1) Charter schools are:
73 (a) considered to be public schools within the state's public education system; [and]
74 (b) subject to Subsection 53A-1-401 (3)[.]; and
75 (c) governed by independent boards and held accountable to a legally binding written
76 contractual agreement.
77 (2) A charter school may be established by creating a new school or converting an
78 existing public school to charter status.
79 Section 4. Section 53A-1a-519 is enacted to read:
80 53A-1a-519. Accountability -- Rules.
81 In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act and
82 after consultation with the State Charter School Board, the State Board of Education shall
83 make rules that:
84 (1) require a charter school to develop an accountability plan, approved by the State
85 Charter School Board, during its first year of operation;
86 (2) require a charter school authorizer to:

87 (a) visit a charter school at least once during:
88 (i) its first year of operation; and
89 (ii) the review period described under Subsection (3); and
90 (b) provide written reports to its charter schools after the visits; and
91 (3) establish a review process that is required of a charter school once every five years
92 by its authorizer.