Chief Sponsor: Curtis S. Bramble

House Sponsor: Daniel McCay


8     General Description:
9          This bill provides for charter school buildings and grounds to be used as civic centers.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides for charter school buildings and grounds to be used as civic centers.
13     Money Appropriated in this Bill:
14          None
15     Other Special Clauses:
16          None
17     Utah Code Sections Affected:
18     AMENDS:
19          53A-1a-511, as last amended by Laws of Utah 2012, Chapter 347
20          53A-3-413, as last amended by Laws of Utah 2014, Chapter 73
21          53A-3-414, as last amended by Laws of Utah 2008, Chapter 199

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53A-1a-511 is amended to read:
25          53A-1a-511. Waivers from state board rules -- Application of statutes and rules
26     to charter schools.
27          (1) A charter school shall operate in accordance with its charter and is subject to Title

28     53A, State System of Public Education, and other state laws applicable to public schools,
29     except as otherwise provided in this part.
30          (2) (a) A charter school or any other public school or school district may apply to the
31     State Board of Education for a waiver of any state board rule that inhibits or hinders the school
32     or the school district from accomplishing its mission or educational goals set out in its strategic
33     plan or charter.
34          (b) The state board may grant the waiver, unless:
35          (i) the waiver would cause the school district or the school to be in violation of state or
36     federal law; or
37          (ii) the waiver would threaten the health, safety, or welfare of students in the district or
38     at the school.
39          (c) If the State Board of Education denies the waiver, the reason for the denial shall be
40     provided in writing to the waiver applicant.
41          (3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
42     governing the following do not apply to a charter school:
43          (i) school libraries;
44          (ii) required school administrative and supervisory services; and
45          (iii) required expenditures for instructional supplies.
46          (b) A charter school shall comply with rules implementing statutes that prescribe how
47     state appropriations may be spent.
48          (4) The following provisions of Title 53A, State System of Public Education, and rules
49     adopted under those provisions, do not apply to a charter school:
50          (a) Sections 53A-1a-108 and 53A-1a-108.5, requiring the establishment of a school
51     community council and school improvement plan;
52          [(b) Sections 53A-3-413 and 53A-3-414, pertaining to the use of school buildings as
53     civic centers;]
54          [(c)] (b) Section 53A-3-420, requiring the use of activity disclosure statements;
55          [(d)] (c) Section 53A-12-207, requiring notification of intent to dispose of textbooks;
56          [(e)] (d) Section 53A-13-107, requiring annual presentations on adoption;
57          [(f)] (e) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
58     districts and local school boards; and

59          [(g)] (f) Section 53A-14-107, requiring an independent evaluation of instructional
60     materials.
61          (5) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
62     school shall be considered a local public procurement unit.
63          (6) Each charter school shall be subject to:
64          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
65          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
66          (7) (a) The State Charter School Board shall, in concert with the charter schools, study
67     existing state law and administrative rules for the purpose of determining from which laws and
68     rules charter schools should be exempt.
69          (b) (i) The State Charter School Board shall present recommendations for exemption to
70     the State Board of Education for consideration.
71          (ii) The State Board of Education shall consider the recommendations of the State
72     Charter School Board and respond within 60 days.
73          Section 2. Section 53A-3-413 is amended to read:
74          53A-3-413. Use of public school buildings and grounds as civic centers.
75          (1) As used in this section, "civic center" means a public school building or ground,
76     including a charter school building or ground, that is established and maintained as a limited
77     public forum [to district residents] for supervised recreational activities and meetings.
78          (2) Except as provided in Subsection (3), all public school buildings and grounds shall
79     be civic centers.
80          (3) The use of school property [for] as a civic center [purpose]:
81          (a) may not interfere with a school function or purpose; and
82          (b) is considered a permit for governmental immunity purposes for a governmental
83     entity under Subsection 63G-7-301(5)(c).
84          (4) The organizer of an event may not use a civic center unless the organizer resides
85     within the geographic boundaries of the school district in which the civic center is located.
86          Section 3. Section 53A-3-414 is amended to read:
87          53A-3-414. Local school boards' and charter school governing boards'
88     responsibility for school buildings and grounds when used as civic centers.
89          (1) As used in this section, "civic center" [has the same meaning as provided] means

90     the same as that term is defined in Section 53A-3-413.
91          (2) A local school board or charter school governing board:
92          (a) shall manage, direct, and control civic centers under this chapter;
93          (b) shall adopt policies for the use of civic centers;
94          (c) may charge a reasonable fee for the use of [school facilities as] a civic center so that
95     the school district or charter school incurs no expense for that use;
96          (d) may appoint a special functions officer under Section 53-13-105 to have charge of
97     the grounds and protect school property when used for civic center purposes;
98          (e) shall allow the use of a civic center, for other than school purposes, unless it
99     determines that the use interferes with a school function or purpose; and
100          (f) shall ensure that school administrators are trained about and properly implement the
101     provisions of this section and Section 53A-3-413.

Legislative Review Note
     as of 2-6-15 11:44 AM

Office of Legislative Research and General Counsel