Download Zipped Enrolled WordPerfect SB0261.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 261 Enrolled

             1     

CHARTER SCHOOL REVISIONS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: J. Stuart Adams

             5     
House Sponsor: Gregory H. Hughes

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions pertaining to charter schools.
             10      Highlighted Provisions:
             11          This bill:
             12          .    requires the State Board of Education to prioritize charter schools for funding when
             13      the Legislature does not appropriate enough funds for all tentatively approved
             14      charter schools; and
             15          .    increases the annual fee that a higher education institution may charge to provide
             16      oversight of, and technical support to, a charter school established as authorized by
             17      the higher education institution.
             18      Money Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          53A-1a-502.5, as last amended by Laws of Utah 2010, Chapters 162, 303, and 353
             25          53A-1a-521, as enacted by Laws of Utah 2010, Chapter 353
             26     
             27      Be it enacted by the Legislature of the state of Utah:
             28          Section 1. Section 53A-1a-502.5 is amended to read:
             29           53A-1a-502.5. Approval of increase in charter school enrollment capacity.


             30          (1) The State Board of Education may approve an increase in charter school enrollment
             31      capacity in the 2012-13 school year or thereafter subject to the Legislature appropriating funds
             32      for the increase in charter school enrollment capacity.
             33          (2) (a) If the Legislature does not appropriate funds for an increase in charter school
             34      enrollment capacity that is tentatively approved by the State Board of Education, the State
             35      Board of Education shall [request the State Charter School Board to] prioritize the tentatively
             36      approved schools and expansions based on approved funds.
             37          [(b) The State Charter School Board shall submit a prioritized list of tentatively
             38      approved schools and expansions to the State Board of Education for final approval.]
             39          [(c)] (b) A charter school or expansion that is tentatively approved, but not funded,
             40      shall be considered to be tentatively approved for the next application year and receive priority
             41      status for available funding.
             42          Section 2. Section 53A-1a-521 is amended to read:
             43           53A-1a-521. Authorization of a charter school by a board of trustees of a higher
             44      education institution.
             45          (1) Subject to the approval of the State Board of Education and except as provided in
             46      Subsection [(7)] (8), an individual or entity identified in Section 53A-1a-504 may enter into an
             47      agreement with a board of trustees of a higher education institution to establish and operate a
             48      charter school.
             49          (2) (a) An individual or entity identified in Section 53A-1a-504 applying for
             50      authorization from a board of trustees of a higher education institution to establish and operate
             51      a charter school shall provide a copy of the application to the State Charter School Board and
             52      the local school board of the school district in which the proposed charter school shall be
             53      located either before or at the same time it files its application with the board of trustees.
             54          (b) The State Charter School Board and the local school board may review the
             55      application and may offer suggestions or recommendations to the applicant or the board of
             56      trustees of a higher education institution prior to its acting on the application.
             57          (c) The board of trustees of a higher education institution shall give due consideration


             58      to suggestions or recommendations made by the State Charter School Board or the local school
             59      board under Subsection (2)(b).
             60          (3) (a) If a board of trustees of a higher education institution approves an application to
             61      establish and operate a charter school, the board of trustees shall submit the application to the
             62      State Board of Education.
             63          (b) The State Board of Education shall, by majority vote, within 60 days of receipt of
             64      the application approve or deny an application approved by a board of trustees of a higher
             65      education institution.
             66          (c) The State Board of Education's action under Subsection (3)(b) is final action subject
             67      to judicial review.
             68          (4) The State Board of Education shall make a rule providing a timeline for the
             69      opening of a charter school following the approval of a charter school application by a board of
             70      trustees of a higher education institution.
             71          (5) (a) After approval of a charter school application, the applicant and the board of
             72      trustees of a higher education institution shall set forth the terms and conditions for the
             73      operation of the charter school in a written contractual agreement.
             74          (b) The agreement is the school's charter.
             75          [(c) (i)] (6) (a) The school's charter may include a provision that the charter school pay
             76      an annual fee for the board of trustees' costs in providing oversight of, and technical support to,
             77      the charter school in accordance with Subsection [(6)] (7).
             78          [(ii) An] (b) In the first two years that a charter school is in operation, an annual fee
             79      described in Subsection [(5)(c)(i): (A)] (6)(a) may not exceed the product of:
             80          [(I)] (i) [1%] 3% of the [value of the weighted pupil unit as established in statute for
             81      the current fiscal year] revenue the charter school receives from the state in the current fiscal
             82      year; and
             83          [(II)] (ii) the October 1 enrollment count of the charter school for the current fiscal
             84      year[;].
             85          (c) Beginning with the third year that a charter school is in operation, an annual fee


             86      described in Subsection (6)(a) may not exceed the product of:
             87          (i) 1% of the revenue a charter school receives from the state in the current fiscal year;
             88      and
             89          (ii) the October 1 enrollment count of the charter school for the current fiscal year.
             90          (d) An annual fee described in Subsection (6)(a) shall be:
             91          [(B)] (i) [shall be] paid to the board of trustees' higher education institution; and
             92          [(C)] (ii) [shall be] expended as directed by the board of trustees.
             93          [(6)] (7) A board of trustees of a higher education institution shall:
             94          (a) annually review and evaluate the performance of charter schools authorized by the
             95      board of trustees and hold the schools accountable for their performance;
             96          (b) monitor charter schools authorized by the board of trustees for compliance with
             97      federal and state laws, rules, and regulations; and
             98          (c) provide technical support to charter schools authorized by the board of trustees to
             99      assist them in understanding and performing their charter obligations.
             100          [(7)] (8) (a) In addition to complying with the requirements of this section, a campus
             101      board of directors of a college campus within the Utah College of Applied Technology shall
             102      obtain the approval of the Utah College of Applied Technology Board of Trustees before
             103      entering into an agreement to establish and operate a charter school.
             104          (b) The Utah College of Applied Technology Board of Trustees shall establish a policy
             105      for granting approval to a campus board of directors to enter into an agreement to establish and
             106      operate a charter school.


[Bill Documents][Bills Directory]