H.B. 339

1

CHARTER SCHOOL ENROLLMENT AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Eric K. Hutchings
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill authorizes the State Board of Education to annually approve an increase in
10 charter school enrollment capacity.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the State Board of Education to annually approve an increase in charter
14 school enrollment capacity equal to 2% of total school district enrollment in the
15 prior school year;
16 . directs the State Board of Education to give preference to an enrollment expansion
17 of a high performing charter school when approving an increase in charter school
18 enrollment capacity; and
19 . makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill coordinates with S.B. 59, School Grading System, by providing substantive
24 amendments.
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-1a-502.5, as last amended by Laws of Utah 2010, Chapters 162, 303, and 353

28 Utah Code Sections Affected by Coordination Clause:
29 53A-1a-502.5, as last amended by Laws of Utah 2010, Chapters 162, 303, and 353
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1a-502.5 is amended to read:
33 53A-1a-502.5. Approval of increase in charter school enrollment capacity.
34 (1) The State Board of Education may approve an annual increase in charter school
35 enrollment capacity in the 2012-13 school year or thereafter [subject to the Legislature
36 appropriating funds for the increase in charter school enrollment capacity] equal to 2% of total
37 school district enrollment as of October 1 of the prior school year.
38 [(2) (a) If the Legislature does not appropriate funds for an increase in charter school
39 enrollment capacity that is tentatively approved by the State Board of Education, the State
40 Board of Education shall request the State Charter School Board to prioritize the tentatively
41 approved schools and expansions based on approved funds.]
42 [(b) The State Charter School Board shall submit a prioritized list of tentatively
43 approved schools and expansions to the State Board of Education for final approval.]
44 [(c) A charter school or expansion that is tentatively approved, but not funded, shall be
45 considered to be tentatively approved for the next application year and receive priority status
46 for available funding.]
47 (2) In approving an increase in charter school enrollment capacity, the State Board of
48 Education shall give preference to an application for expansion submitted by a high performing
49 charter school, as evidenced by the charter school's proficiency and progress scores on the
50 school's U-PASS accountability report.
51 Section 2. Coordinating H.B. 339 with S.B. 59 -- Substantive amendments.
52 If this H.B. 339 and S.B. 59, School Grading System, both pass, it is the intent of the
53 Legislature that the Office of Legislative Research and General Counsel shall prepare the Utah
54 Code database for publication by amending Subsection 53A-1a-502.5 (2) to read:
55 "(2) In approving an increase in charter school enrollment capacity, the State Board of
56 Education shall give preference to an application for expansion submitted by a charter school
57 that has received a letter grade of A on the school grading system."

Legislative Review Note
as of 2-22-11 12:13 PM

Office of Legislative Research and General Counsel