S.B. 262

             1     

STUDENT ENROLLMENT REQUIREMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Deidre M. Henderson

             5     
House Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions related to charter schools and enacts provisions related to
             10      local school boards and the State Board of Education.
             11      Highlighted Provisions:
             12          This bill:
             13          .    prohibits a charter school or a school district from contracting with a third party to
             14      recruit or enroll students;
             15          .    requires the State Board of Education to report to the Education Interim Committee
             16      before July 1, 2014, regarding a certain audit; and
             17          .    provides a repeal date for the State Board of Education report.
             18      Money Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24           53A-1a-506.5 , as last amended by Laws of Utah 2010, Chapter 162
             25      ENACTS:
             26           53A-3-432 , Utah Code Annotated 1953
             27      Uncodified Material Affected:


             28      ENACTS UNCODIFIED MATERIAL
             29     
             30      Be it enacted by the Legislature of the state of Utah:
             31          Section 1. Section 53A-1a-506.5 is amended to read:
             32           53A-1a-506.5. Charter school students -- Admissions procedures -- Transfers.
             33          (1) As used in this section:
             34          (a) "District school" means a public school under the control of a local school board
             35      elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
             36      Boards.
             37          (b) "Nonresident school district" means a school district other than a student's school
             38      district of residence.
             39          (c) "School district of residence" means a student's school district of residence as
             40      determined under Section 53A-2-201 .
             41          (d) "School of residence" means the school to which a student is assigned to attend
             42      based on the student's place of residence.
             43          (2) (a) The State School Board, in consultation with the State Charter School Board,
             44      shall make rules describing procedures for students to follow in applying for entry into, or
             45      exiting, a charter school.
             46          (b) The rules under Subsection (2)(a) shall, at a minimum, provide for:
             47          (i) posting on a charter school's Internet website, beginning no later than 60 days before
             48      the school's initial period of applications:
             49          (A) procedures for applying for admission to the charter school;
             50          (B) (I) the school's opening date, if the school has not yet opened; or
             51          (II) the school calendar; and
             52          (C) information on how a student may transfer from a charter school to another charter
             53      school or a district school;
             54          (ii) use of standard application forms prescribed by the State Board of Education;
             55          (iii) written notification to a student's parent or legal guardian of an offer of admission;
             56          (iv) written acceptance of an offer of admission by a student's parent or legal guardian;
             57          (v) written notification to a student's current charter school or school district of
             58      residence upon acceptance of the student for enrollment in a charter school; and


             59          (vi) the admission of students, provided that the admission does not disqualify the
             60      charter school from federal funding, at:
             61          (A) any time to protect the health or safety of a student; or
             62          (B) times other than those permitted under standard policies if there are other
             63      conditions of special need that warrant consideration.
             64          (c) The rules under Subsection (2)(a) shall prevent the parent of a student who is
             65      enrolled in a charter school or who has accepted an offer of admission to a charter school from
             66      duplicating enrollment for the student in another charter school or a school district without
             67      following the withdrawal procedures described in Subsection (3).
             68          (3) The parent of a student enrolled in a charter school may withdraw the student from
             69      the charter school for enrollment in another charter school or a school district by submitting to
             70      the charter school:
             71          (a) on or before June 30, a notice of intent to enroll the student in the student's school
             72      of residence for the following school year;
             73          (b) after June 30, a letter of acceptance for enrollment in the student's school district of
             74      residence for the following year;
             75          (c) a letter of acceptance for enrollment in the student's school district of residence in
             76      the current school year;
             77          (d) a letter of acceptance for enrollment in a nonresident school district; or
             78          (e) a letter of acceptance for enrollment in a charter school.
             79          (4) (a) A charter school shall report to a school district, by the last business day of each
             80      month the aggregate number of new students, sorted by their school of residence and grade
             81      level, who have accepted enrollment in the charter school for the following school year.
             82          (b) A school district shall report to a charter school, by the last business day of each
             83      month, the aggregate number of students enrolled in the charter school who have accepted
             84      enrollment in the school district in the following school year, sorted by grade level.
             85          (5) When a vacancy occurs because a student has withdrawn from a charter school, the
             86      charter school may immediately enroll a new student from its list of applicants.
             87          (6) Unless provisions have previously been made for enrollment in another school, a
             88      charter school releasing a student from enrollment during a school year shall immediately
             89      notify the school district of residence, which shall enroll the student in the school district of


             90      residence and take additional steps as may be necessary to ensure compliance with laws
             91      governing school attendance.
             92          (7) (a) The parent of a student enrolled in a charter school may withdraw the student
             93      from the charter school for enrollment in the student's school of residence in the following
             94      school year if an application of admission is submitted to the school district of residence by
             95      June 30.
             96          (b) If the parent of a student enrolled in a charter school submits an application of
             97      admission to the student's school district of residence after June 30 for the student's enrollment
             98      in the school district of residence in the following school year, or an application of admission is
             99      submitted for enrollment during the current school year, the student may enroll in a school of
             100      the school district of residence that has adequate capacity in:
             101          (i) the student's grade level, if the student is an elementary school student; or
             102          (ii) the core classes that the student needs to take, if the student is a secondary school
             103      student.
             104          (c) State Board of Education rules made under Subsection (2)(a) shall specify how
             105      adequate capacity in a grade level or core classes is determined for the purposes of Subsection
             106      (7)(b).
             107          (8) Notwithstanding Subsection (7), a school district may enroll a student at any time
             108      to protect the health and safety of the student.
             109          (9) A school district or charter school may charge secondary students a one-time $5
             110      processing fee, to be paid at the time of application.
             111          (10) A charter school may not contract with a third party to:
             112          (a) recruit students; or
             113          (b) enroll students.
             114          Section 2. Section 53A-3-432 is enacted to read:
             115          53A-3-432. Contracts to recruit or enroll students prohibited.
             116          A local school board may not contract with a third party to:
             117          (1) recruit students; or
             118          (2) enroll students.
             119          Section 3. State Board of Education report.
             120          The State Board of Education shall report to the Education Interim Committee before


             121      July 1, 2014, regarding the board's February 7, 2014, audit of "Distance and Online Education
             122      Programs in Utah Schools."
             123          Section 4. Repeal date.
             124          Uncodified Section 3, State Board of Education report, is repealed on July 1, 2014.




Legislative Review Note
    as of 2-27-14 2:47 PM


Office of Legislative Research and General Counsel


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