H.B. 388

This document includes House Committee Amendments incorporated into the bill on Fri, Mar 4, 2011 at 8:21 AM by jeyring. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 10, 2011 at 10:51 AM by kcallred. --> 1

OPERATION AND MANAGEMENT OF CHARTER SCHOOLS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christopher N. Herrod
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill imposes requirements pertaining to the operation and management of charter
10 schools.
11 Highlighted Provisions:
12 This bill:
13 . provides that a chartering entity may use certain data to measure the performance of
14 a charter school;
15 . prohibits a chartering entity from imposing performance standards that would limit
16 a charter school from accomplishing the purposes of charter schools;
17 . requires a charter to include an acknowledgment that neither the chartering entity
18 nor the state is liable for the debts or financial obligations of the charter school; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53A-1a-507, as last amended by Laws of Utah 2007, Chapter 344
27 53A-1a-508, as last amended by Laws of Utah 2010, Chapter 353

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-1a-507 is amended to read:
31 53A-1a-507. Requirements for charter schools.
32 (1) A charter school shall be nonsectarian in its programs, admission policies,
33 employment practices, and operations.
34 (2) A charter school may not charge tuition or fees, except those fees normally charged
35 by other public schools.
36 (3) A charter school shall meet all applicable federal, state, and local health, safety, and
37 civil rights requirements.
38 (4) (a) A charter school shall make the same annual reports required of other public
39 schools under [Title 53A, State System of Public Education] this title, including an annual
40 financial audit report.
41 (b) A charter school shall file its annual financial audit report with the Office of the
42 State Auditor within six months of the end of the fiscal year.
43 (5) (a) A charter school shall be accountable to its chartering entity for performance as
44 provided in the school's charter.
45 (b) To measure the performance of a charter school, a chartering entity may use data
46 contained in:
47 (i) the charter school's annual financial audit report;
48 (ii) a report submitted by the charter school as required by statute; or
49 (iii) a report submitted by the charter school as required by its charter.
50 (c) A chartering entity may not impose performance standards S. , except as permitted by
50a statute, .S that limit, infringe, or
51 prohibit a charter school's ability to successfully accomplish the purposes of charter schools as
52 provided in Section 53A-1a-503 H. or as otherwise provided in law .H .
53 (6) A charter school may not advocate unlawful behavior.
54 (7) Except as provided in Section 53A-1-515 , a charter school shall be organized and
55 managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
56 authorization.
57 (8) A charter school shall provide adequate liability and other appropriate insurance.
58 (9) Beginning on July 1, 2007, a charter school shall submit any lease, lease-purchase

59 agreement, or other contract or agreement relating to the charter school's facilities or financing
60 the charter school facilities to its chartering entity for review and advice prior to the charter
61 school entering into the lease, agreement, or contract.
62 (10) A charter school may not employ an educator whose license has been suspended
63 or revoked by the State Board of Education as provided in Section 53A-6-501 .
64 Section 2. Section 53A-1a-508 is amended to read:
65 53A-1a-508. Content of a charter -- Modification of charter.
66 (1) The major issues involving the operation of a charter school shall be considered in
67 advance by the applicant for a charter school and written into the school's charter.
68 (2) The governing body of the charter school and the chartering entity shall sign the
69 charter.
70 (3) The charter shall include:
71 (a) the age or grade levels to be served by the school;
72 (b) the projected maximum number of students to be enrolled in the school and the
73 projected enrollment in each of the first three years of operations;
74 (c) the governance structure of the school;
75 (d) the financial plan for the school and the provisions which will be made for auditing
76 the school under Subsection 53A-1a-507 (4);
77 (e) the mission and education goals of the school, the curriculum offered, and the
78 methods of assessing whether students are meeting educational goals, to include at a minimum
79 participation in the Utah Performance Assessment System for Students under Chapter 1, Part 6,
80 Achievement Tests;
81 (f) admission and dismissal procedures, including suspension procedures;
82 (g) procedures to review complaints of parents regarding the operation of the school;
83 (h) the opportunity for parental involvement at the school;
84 (i) how the school will provide adequate liability and other appropriate insurance for
85 the school, its governing body, and its employees;
86 (j) the proposed school calendar, including the length of the school day and school
87 year;
88 (k) whether any agreements have been entered into or plans developed with school
89 districts regarding participation of charter school students in extracurricular activities within

90 the school districts;
91 (l) the district within which the school will be located and the address of the school's
92 physical facility, if known at the time the charter is signed;
93 (m) the qualifications to be required of the teachers, including the requirement of a
94 criminal background check;
95 (n) in the case of an existing public school converting to charter status, alternative
96 arrangements for current students who choose not to attend the charter school and for current
97 teachers who choose not to teach at the school after its conversion to charter status;
98 (o) the school's intention to create a library;
99 (p) a description of school administrative and supervisory services;
100 (q) fiscal procedures that are consistent with generally accepted financial management
101 standards to be used by the school; [and]
102 (r) the school's policies and procedures regarding:
103 (i) employee evaluation; and
104 (ii) employment of relatives[.]; and
105 (s) an acknowledgment that neither the chartering entity nor the state, including an
106 agency of the state, is liable for the debts or financial obligations of the charter school or
107 persons or entities who operate the charter school.
108 (4) A charter may be modified by mutual agreement of the chartering entity and the
109 governing body of the school.
110 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
111 State Board of Education shall make rules that establish the procedures and deadlines for
112 approved charter schools to apply and qualify for expansion, including the establishment of
113 satellite campuses.




Legislative Review Note
as of 2-25-11 11:09 AM

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