H.B. 441 Enrolled

1

CHARTER SCHOOL ENROLLMENT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel McCay
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding the admission of students to charter schools.
10 Highlighted Provisions:
11 This bill:
12 . allows a charter school whose mission is to enhance learning opportunities for
13 refugees or children of refugee families to give an enrollment preference to refugees
14 or children of refugee families;
15 . allows a charter school whose mission is to enhance learning opportunities for
16 English language learners to give an enrollment preference to English language
17 learners; and
18 . makes technical amendments.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53A-1a-506, as last amended by Laws of Utah 2007, Chapter 344
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53A-1a-506 is amended to read:
29 53A-1a-506. Eligible students.

30 (1) As used in this section:
31 (a) "District school" means a public school under the control of a local school board
32 elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
33 Boards.
34 (b) "Refugee" means a person who is eligible to receive benefits and services from the
35 federal Office of Refugee Resettlement.
36 [(1)] (2) All resident students of the state qualify for admission to a charter school,
37 subject to the limitations set forth in this section and Section 53A-1a-506.5 .
38 [(2)] (3) (a) A charter school shall enroll an eligible student who submits a timely
39 application, unless the number of applications exceeds the capacity of a program, class, grade
40 level, or the charter school.
41 (b) [(i)] If the number of applications exceeds the capacity of a program, class, grade
42 level, or the charter school, [then] students shall be selected on a random basis, except [that
43 the] as provided in Subsections (4) through (6).
44 (4) A charter school may give an enrollment preference to:
45 [(A)] (a) a student of a parent who has actively participated in the development of the
46 charter school;
47 [(B)] (b) siblings of students presently enrolled in the charter school;
48 [(C)] (c) a student of a parent who is employed by the charter school;
49 [(D)] (d) students [articulating] matriculating between charter schools offering similar
50 programs that are governed by the same governing body; [and]
51 [(E)] (e) students [articulating] matriculating from one charter school to another
52 pursuant to [an articulation] a matriculation agreement between the charter schools that is
53 approved by the State Charter School Board[.]; or
54 [(ii) The school may give preference to]
55 (f) students who reside within:
56 [(A)] (i) the school district in which the charter school is located;
57 [(B)] (ii) the municipality in which the charter school is located; or

58 [(C)] (iii) a two-mile radius from the charter school.
59 [(c) When a public] (5) If a district school converts to charter status, the charter school
60 shall give an enrollment preference to students who would have otherwise attended it as a
61 [regular public] district school.
62 (6) (a) A charter school whose mission is to enhance learning opportunities for
63 refugees or children of refugee families may give an enrollment preference to refugees or
64 children of refugee families.
65 (b) A charter school whose mission is to enhance learning opportunities for English
66 language learners may give an enrollment preference to English language learners.
67 [(3)] (7) A charter school may not discriminate in its admission policies or practices on
68 the same basis as other public schools may not discriminate in their admission policies and
69 practices.