Chief Sponsor: Justin L. Fawson

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill modifies provisions related to charter school enrollment preferences.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a charter school to give an enrollment preference to the sibling of an
13     individual who was previously enrolled in the charter school.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53A-1a-506, as last amended by Laws of Utah 2014, Chapters 291, 363, and 406

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 53A-1a-506 is amended to read:
24          53A-1a-506. Eligible students.
25          (1) As used in this section:
26          (a) "District school" means a public school under the control of a local school board
27     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School

28     Boards.
29          (b) "Refugee" means a person who is eligible to receive benefits and services from the
30     federal Office of Refugee Resettlement.
31          (2) All resident students of the state qualify for admission to a charter school, subject
32     to the limitations set forth in this section and Section 53A-1a-506.5.
33          (3) (a) A charter school shall enroll an eligible student who submits a timely
34     application, unless the number of applications exceeds the capacity of a program, class, grade
35     level, or the charter school.
36          (b) If the number of applications exceeds the capacity of a program, class, grade level,
37     or the charter school, the charter school shall select students [shall be selected] on a random
38     basis, except as provided in Subsections (4) through (8).
39          (4) A charter school may give an enrollment preference to:
40          (a) a child or grandchild of an individual who has actively participated in the
41     development of the charter school;
42          (b) a child or grandchild of a member of the charter school governing board;
43          (c) a sibling of a [student] an individual who was previously or is presently enrolled in
44     the charter school;
45          (d) a child of an employee of the charter school;
46          (e) [students] a student articulating between charter schools offering similar programs
47     that are governed by the same charter school governing board;
48          (f) [students] a student articulating from one charter school to another pursuant to an
49     articulation agreement between the charter schools that is approved by the State Charter School
50     Board; or
51          (g) students who reside within:
52          (i) the school district in which the charter school is located;
53          (ii) the municipality in which the charter school is located; or
54          (iii) a two-mile radius of the charter school.
55          (5) (a) Except as provided in Subsection (5)(b), a charter school that is approved by the
56     State Board of Education after May 13, 2014, and is located in a high growth area shall give an
57     enrollment preference to [students] a student who [reside] resides within a two-mile radius of
58     the charter school.

59          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
60     apply to a charter school that was approved without a high priority status pursuant to
61     Subsection 53A-1a-502.5[(6)](7)(b).
62          (6) If a district school converts to charter status, the charter school shall give an
63     enrollment preference to students who would have otherwise attended it as a district school.
64          (7) (a) A charter school whose mission is to enhance learning opportunities for
65     refugees or children of refugee families may give an enrollment preference to refugees or
66     children of refugee families.
67          (b) A charter school whose mission is to enhance learning opportunities for English
68     language learners may give an enrollment preference to English language learners.
69          (8) A charter school may weight [its] the charter school's lottery to give a slightly better
70     chance of admission to educationally disadvantaged students, including:
71          (a) low-income students;
72          (b) students with disabilities;
73          (c) English language learners;
74          (d) migrant students;
75          (e) neglected or delinquent students; and
76          (f) homeless students.
77          (9) A charter school may not discriminate in its admission policies or practices on the
78     same basis as other public schools may not discriminate in [their] admission policies and
79     practices.

Legislative Review Note
Office of Legislative Research and General Counsel