S.B. 140 Enrolled

1

STATE CHARTER SCHOOL BOARD AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: David G. Butterfield
6
7 LONG TITLE
8 General Description:
9 This bill modifies procedures for the selection of members of the State Charter School
10 Board.
11 Highlighted Provisions:
12 This bill:
13 . provides that of the seven members appointed by the governor to the State Charter
14 School Board, three members shall:
15 . be nominated by an organization that represents Utah's charter schools; and
16 . have expertise or experience in developing or administering a charter school;
17 . allows the governor to seek nominations from more than one organization that
18 represents Utah's charter schools;
19 . allows the governor to remove a member of the State Charter School Board at any
20 time for official misconduct, habitual or willful neglect of duty, or for other good
21 and sufficient cause; and
22 . makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 53A-1a-501.5, as last amended by Laws of Utah 2010, Chapter 286

30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-1a-501.5 is amended to read:
33 53A-1a-501.5. State Charter School Board created.
34 (1) As used in this section, "organization that represents Utah's charter schools" means
35 an organization, except a governmental entity, that advocates for charter schools, charter school
36 parents, or charter school students.
37 [(1)] (2) (a) The State Charter School Board is created consisting of the following
38 members appointed by the governor:
39 (i) two members who have expertise in finance or small business management;
40 (ii) three members who:
41 (A) are [appointed from a slate of at least six candidates] nominated by an organization
42 that represents Utah's charter schools; and
43 (B) have expertise or experience in developing or administering a charter school; and
44 (iii) two members who are [appointed from a slate of at least four candidates]
45 nominated by the State Board of Education.
46 (b) Each appointee shall have demonstrated dedication to the purposes of charter
47 schools as outlined in Section 53A-1a-503 .
48 (c) At least two candidates shall be nominated for each appointment made under
49 Subsection (2)(a)(ii) or (iii).
50 (d) The governor may seek nominations for a prospective appointment under
51 Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
52 [(2)] (3) (a) State Charter School Board members shall serve four-year terms[, except
53 three of the initial members appointed by the governor shall be appointed for a two-year term].
54 (b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
55 term.
56 (4) The governor may remove a member at any time for official misconduct, habitual
57 or willful neglect of duty, or for other good and sufficient cause.

58 [(3)] (5) (a) The State Charter School Board shall annually elect a chair from its
59 membership.
60 (b) Four members of the board shall constitute a quorum.
61 (c) Meetings may be called by the chair or upon request of three members of the board.
62 [(4)] (6) A member may not receive compensation or benefits for the member's service,
63 but may receive per diem and travel expenses in accordance with:
64 (a) Section 63A-3-106 ;
65 (b) Section 63A-3-107 ; and
66 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
67 63A-3-107 .