1     
PUBLIC SCHOOL REVISIONS

2     
2018 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 amends provisions related to public schools.
10     Highlighted Provisions:
11          This bill:
12          ▸      allows an individual to report a violation of statute or rule to the State Board of
13     Education;
14          ▸     amends definitions;
15          ▸      requires the consent of the Senate for appointment of a member of the State Charter
16     School Board ;
17          ▸     enacts and consolidates provisions related to the powers and duties of charter school
18     authorizers;
19          ▸     requires the State Board of Education to adopt rules establishing minimum
20     standards for a charter school application or charter school compliance;
21          ▸     amends provisions related to the status and powers of the State Charter School
22     Board;
23          ▸     repeals outdated provisions;
24          ▸     repeals provisions related to State Board of Education approval of an application for
25     a charter school authorized by:
26               •     the State Charter School Board; or
27               •     a board of trustees of a higher education institution; and
28          ▸     makes technical corrections.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          53E-3-401, as renumbered and amended by Laws of Utah 2018, Chapter 1
36          53F-2-702, as renumbered and amended by Laws of Utah 2018, Chapter 2
37          53F-2-704, as enacted by Laws of Utah 2018, Chapter 2
38          53G-5-102, as renumbered and amended by Laws of Utah 2018, Chapter 3
39          53G-5-201, as renumbered and amended by Laws of Utah 2018, Chapter 3
40          53G-5-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
41          53G-5-302, as renumbered and amended by Laws of Utah 2018, Chapter 3
42          53G-5-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
43          53G-5-305, as renumbered and amended by Laws of Utah 2018, Chapter 3
44          53G-5-306, as renumbered and amended by Laws of Utah 2018, Chapter 3
45          53G-5-409, as renumbered and amended by Laws of Utah 2018, Chapter 3
46          53G-5-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
47          53G-5-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
48          53G-5-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
49     ENACTS:
50          53G-5-205, Utah Code Annotated 1953
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 53E-3-401 is amended to read:
54          53E-3-401. Powers of State Board of Education -- Adoption of rules --
55     Enforcement -- Attorney.
56          (1) As used in this section:
57          (a) "Board" means the State Board of Education.
58          (b) "Education entity" means:
59           (i) an entity that receives a distribution of state funds through a grant program managed
60     by the board under this public education code;
61           (ii) an entity that enters into a contract with the board to provide an educational good or
62      service;
63           (iii) a school district; or
64           (iv) a charter school.
65          (c) "Educational good or service" means a good or service that is required or regulated
66     under:
67          (i) this public education code; or
68          (ii) a rule authorized under this public education code.
69          (d) "Local education agency" or "LEA" means:
70          (i) a school district;
71          (ii) a charter school; or
72          (iii) the Utah Schools for the Deaf and the Blind.
73          (2) (a) The State Board of Education has general control and supervision of the state's
74     public education system.
75          (b) "General control and supervision" as used in Utah Constitution, Article X, Section
76     3, means directed to the whole system.
77          (3) The board may not govern, manage, or operate school districts, institutions, and
78     programs, unless granted that authority by statute.
79          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
80     the board may make rules to execute the board's duties and responsibilities under the Utah
81     Constitution and state law.
82          (b) The board may delegate the board's statutory duties and responsibilities to board
83     employees.
84          (5) (a) The board may sell any interest it holds in real property upon a finding by the
85     board that the property interest is surplus.
86          (b) The board may use the money it receives from a sale under Subsection (5)(a) for
87     capital improvements, equipment, or materials, but not for personnel or ongoing costs.
88          (c) If the property interest under Subsection (5)(a) was held for the benefit of an agency
89     or institution administered by the board, the money may only be used for purposes related to
90     the agency or institution.
91          (d) The board shall advise the Legislature of any sale under Subsection (5)(a) and
92     related matters during the next following session of the Legislature.
93          (6) The board shall develop policies and procedures related to federal educational
94     programs in accordance with Part 8, Implementing Federal or National Education Programs.
95          (7) On or before December 31, 2010, the State Board of Education shall review
96     mandates or requirements provided for in board rule to determine whether certain mandates or
97     requirements could be waived to remove funding pressures on public schools on a temporary
98     basis.
99          (8) (a) If an education entity violates this public education code or rules authorized
100     under this public education code, the board may, in accordance with the rules described in
101     Subsection (8)(c):
102          (i) require the education entity to enter into a corrective action agreement with the
103     board;
104          (ii) temporarily or permanently withhold state funds from the education entity;
105          (iii) require the education entity to pay a penalty; or
106          (iv) require the education entity to reimburse specified state funds to the board.
107          (b) Except for temporarily withheld funds, if the board collects state funds under
108     Subsection (8)(a), the board shall pay the funds into the Uniform School Fund.
109          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
110     board shall make rules:
111          (i) that require notice and an opportunity to be heard for an education entity affected by
112     a board action described in Subsection (8)(a); and
113          (ii) to administer this Subsection (8).
114          (d) (i) An individual may bring a violation of statute or board rule to the attention of
115     the board in accordance with a process described in rule adopted by the board.
116          (ii) If the board identifies a violation of statute or board rule as a result of the process
117     described in Subsection (8)(d)(i), the board may take action in accordance with this section.
118          [(d)] (e) The board shall report criminal conduct of an education entity to the district
119     attorney of the county where the education entity is located.
120          (9) The board may audit the use of state funds by an education entity that receives
121     those state funds as a distribution from the board.
122          (10) The board may require, by rule made in accordance with Title 63G, Chapter 3,
123     Utah Administrative Rulemaking Act, that if an LEA contracts with a third party contractor for
124     an educational good or service, the LEA shall require in the contract that the third party
125     contractor shall provide, upon request of the LEA, information necessary for the LEA to verify
126     that the educational good or service complies with:
127          (a) this public education code; and
128          (b) board rule authorized under this public education code.
129          (11) (a) The board may appoint an attorney to provide legal advice to the board and
130     coordinate legal affairs for the board and the board's employees.
131          (b) An attorney described in Subsection (11)(a) shall cooperate with the Office of the
132     Attorney General.
133          (c) An attorney described in Subsection (11)(a) may not:
134          (i) conduct litigation;
135          (ii) settle claims covered by the Risk Management Fund created in Section 63A-4-201;
136     or
137          (iii) issue formal legal opinions.
138          Section 2. Section 53F-2-702 is amended to read:
139          53F-2-702. Funding for charter schools.
140          [(1) (a) Charter schools shall receive funding as described in this section, except
141     Subsections (2) through (6) do not apply to charter schools described in Subsection (1)(b).]
142          [(b) Charter schools authorized by local school boards that are converted from district
143     schools or operate in district facilities without paying reasonable rent shall receive funding as
144     prescribed in Section 53G-5-305.]
145          [(2)] (1) Except as described in Section 53F-2-302, a charter school shall receive state
146     funds, as applicable, on the same basis as a school district receives funds.
147          [(3)] (2) (a) As described in Section 53F-2-703, the State Board of Education shall
148     distribute charter school levy per pupil revenues to charter schools.
149          (b) As described in Section 53F-2-704, and subject to future budget constraints, the
150     Legislature shall provide an appropriation for charter schools for each charter school student
151     enrolled on October 1 to supplement the allocation of charter school levy per pupil revenues
152     described in Subsection [(3)] (2)(a).
153          [(4)] (3) Charter schools are eligible to receive federal funds if they meet all applicable
154     federal requirements and comply with relevant federal regulations.
155          [(5)] (4) The State Board of Education shall distribute funds for charter school students
156     directly to the charter school.
157          [(6)] (5) (a) Notwithstanding Subsection [(2)] (1), a charter school is not eligible to
158     receive state transportation funding.
159          (b) The board shall also adopt rules relating to the transportation of students to and
160     from charter schools, taking into account Sections 53F-2-403 and 53G-6-405.
161          (c) The governing board of the charter school may provide transportation through an
162     agreement or contract with the local school board, a private provider, or parents.
163          [(7)] (6) (a) (i) In accordance with Section 53F-2-705, the State Charter School Board
164     may allocate grants for start-up costs to charter schools from money appropriated for charter
165     school start-up costs.
166          (ii) The governing board of a charter school that receives money from a grant under
167     Section 53F-2-705 shall use the grant for expenses for planning and implementation of the
168     charter school.
169          (b) The State Board of Education shall coordinate the distribution of federal money
170     appropriated to help fund costs for establishing and maintaining charter schools within the
171     state.
172          [(8)] (7) (a) A charter school may receive, hold, manage and use any devise, bequest,
173     grant, endowment, gift, or donation of any property made to the school for any of the purposes
174     of Title 53G, Chapter 5, Charter Schools, or related provisions .
175          (b) It is unlawful for any person affiliated with a charter school to demand or request
176     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
177     with the charter school as a condition for employment or enrollment at the school or continued
178     attendance at the school.
179          Section 3. Section 53F-2-704 is amended to read:
180          53F-2-704. Charter school levy state guarantee.
181          (1) As used in this section:
182          (a) "Charter school levy per pupil revenues" means the same as that term is defined in
183     Section 53F-2-703.
184          (b) "Charter school students' average local revenues" means the amount determined as
185     follows:
186          (i) for each student enrolled in a charter school on the previous October 1, calculate the
187     district per pupil local revenues of the school district in which the student resides;
188          (ii) sum the district per pupil local revenues for each student enrolled in a charter
189     school on the previous October 1; and
190          (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
191     enrolled in charter schools on the previous October 1.
192          (c) "District local property tax revenues" means the sum of a school district's revenue
193     received from the following:
194          (i) a voted local levy imposed under Section 53F-8-301;
195          (ii) a board local levy imposed under Section 53F-8-302, excluding revenues expended
196     for:
197          (A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
198     taxable value of the school district's board local levy; and
199          (B) the K-3 Reading Improvement Program, up to the amount of revenue generated by
200     a .000121 per dollar of taxable value of the school district's board local levy;
201          (iii) a capital local levy imposed under Section 53F-8-303; and
202          (iv) a guarantee described in Section 53F-2-601, 53F-2-602, 53F-3-202, or 53F-3-203.
203          (d) "District per pupil local revenues" means, using data from the most recently
204     published school district annual financial reports and state superintendent's annual report, an
205     amount equal to district local property tax revenues divided by the sum of:
206          (i) a school district's average daily membership; and
207          (ii) the average daily membership of a school district's resident students who attend
208     charter schools.
209          (e) "Resident student" means a student who is considered a resident of the school
210     district under Title 53G, Chapter 6, Part 3, School District Residency.
211          (f) "Statewide average debt service revenues" means the amount determined as
212     follows, using data from the most recently published state superintendent's annual report:
213          (i) sum the revenues of each school district from the debt service levy imposed under
214     Section 11-14-310; and
215          (ii) divide the sum calculated under Subsection (1)(f)(i) by statewide school district
216     average daily membership.
217          (2) (a) Subject to future budget constraints, the Legislature shall provide an
218     appropriation for charter schools for each charter school student enrolled on October 1 to
219     supplement the allocation of charter school levy per pupil revenues described in Subsection
220     53F-2-702[(3)](2)(a).
221          (b) Except as provided in Subsection (2)(c), the amount of money provided by the state
222     for a charter school student shall be the sum of:
223          (i) charter school students' average local revenues minus the charter school levy per
224     pupil revenues; and
225          (ii) statewide average debt service revenues.
226          (c) If the total of charter school levy per pupil revenues distributed by the State Board
227     of Education and the amount provided by the state under Subsection (2)(b) is less than $1,427,
228     the state shall provide an additional supplement so that a charter school receives at least $1,427
229     per student under Subsection 53F-2-702[(3)](2).
230          (d) (i) If the appropriation provided under this Subsection (2) is less than the amount
231     prescribed by Subsection (2)(b) or (c), the appropriation shall be allocated among charter
232     schools in proportion to each charter school's enrollment as a percentage of the total enrollment
233     in charter schools.
234          (ii) If the State Board of Education makes adjustments to Minimum School Program
235     allocations as provided under Section 53F-2-205, the allocation provided in Subsection
236     (2)(d)(i) shall be determined after adjustments are made under Section 53F-2-205.
237          (3) (a) Except as provided in Subsection (3)(b), of the money provided to a charter
238     school under Subsection 53F-2-702[(3)](2), 10% shall be expended for funding school
239     facilities only.
240          (b) Subsection (3)(a) does not apply to an online charter school.
241          Section 4. Section 53G-5-102 is amended to read:
242          53G-5-102. Definitions.
243          As used in this chapter:
244          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
245     includes:
246          (a) cash;
247          (b) stock or other investments;
248          (c) real property;
249          (d) equipment and supplies;
250          (e) an ownership interest;
251          (f) a license;
252          (g) a cause of action; and
253          (h) any similar property.
254          (2) "Board of trustees of a higher education institution" or "board of trustees" means:
255          (a) the board of trustees of:
256          (i) the University of Utah;
257          (ii) Utah State University;
258          (iii) Weber State University;
259          (iv) Southern Utah University;
260          (v) Snow College;
261          (vi) Dixie State University;
262          (vii) Utah Valley University; or
263          (viii) Salt Lake Community College; or
264          (b) the board of directors of a technical college described in Section 53B-2a-108.
265          (3) "Charter agreement" or "charter" means an agreement made in accordance with
266     Section 53G-5-303 that authorizes the operation of a charter school.
267          (4) "Charter school authorizer" or "authorizer" means [the State Charter School Board,
268     a local school board, or a board of trustees of a higher education institution that authorizes the
269     establishment of a charter school] an entity listed in Section 53G-5-205 that authorizes a
270     charter school.
271          (5) "Governing board" means the board that operates a charter school.
272          Section 5. Section 53G-5-201 is amended to read:
273          53G-5-201. State Charter School Board created.
274          (1) As used in this section, "organization that represents Utah's charter schools" means
275     an organization, except a governmental entity, that advocates for charter schools, charter school
276     parents, or charter school students.
277          (2) (a) The State Charter School Board is created consisting of the following members
278     appointed by the governor with the consent of the Senate :
279          (i) two members who have expertise in finance or small business management;
280          (ii) three members who:
281          (A) are nominated by an organization that represents Utah's charter schools; and
282          (B) have expertise or experience in developing or administering a charter school; and
283          (iii) two members who are nominated by the State Board of Education.
284          (b) Each appointee shall have demonstrated dedication to the purposes of charter
285     schools as outlined in Section 53G-5-104.
286          (c) At least two candidates shall be nominated for each appointment made under
287     Subsection (2)(a)(ii) or (iii) .
288          (d) The governor may seek nominations for a prospective appointment under
289     Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
290          (3) (a) State Charter School Board members shall serve four-year terms.
291          (b) If a vacancy occurs, the governor shall, with the consent of the Senate, appoint a
292     replacement for the unexpired term.
293          (4) The governor may remove a member at any time for official misconduct, habitual
294     or willful neglect of duty, or for other good and sufficient cause.
295          (5) (a) The State Charter School Board shall annually elect a chair from its
296     membership.
297          (b) Four members of the board shall constitute a quorum.
298          (c) Meetings may be called by the chair or upon request of three members of the board.
299          (6) A member may not receive compensation or benefits for the member's service, but
300     may receive per diem and travel expenses in accordance with:
301          (a) Section 63A-3-106;
302          (b) Section 63A-3-107; and
303          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
304     63A-3-107.
305          Section 6. Section 53G-5-202 is amended to read:
306          53G-5-202. Status and powers of State Charter School Board.
307          [(1) The State Charter School Board shall:]
308          [(a) authorize and promote the establishment of charter schools, subject to the
309     provisions in this chapter and other related provisions;]
310          [(b) annually review and evaluate the performance of charter schools authorized by the
311     State Charter School Board and hold the schools accountable for their performance;]
312          [(c) monitor charter schools authorized by the State Charter School Board for
313     compliance with federal and state laws, rules, and regulations;]
314          [(d) provide technical support to charter schools and persons seeking to establish
315     charter schools by:]
316          [(i) identifying and promoting successful charter school models;]
317          [(ii) facilitating the application and approval process for charter school authorization;]
318          [(iii) directing charter schools and persons seeking to establish charter schools to
319     sources of private funding and support;]
320          [(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
321     supporting and strengthening proposals before an application for charter school authorization is
322     submitted to a charter school authorizer; and]
323          [(v) assisting charter schools to understand and carry out their charter obligations;]
324          [(e) provide technical support, as requested, to a charter school authorizer relating to
325     charter schools;]
326          [(f) make recommendations on legislation and rules pertaining to charter schools to the
327     Legislature and State Board of Education, respectively; and]
328          [(g) make recommendations to the State Board of Education on the funding of charter
329     schools.]
330          [(2)] The State Charter School Board may:
331          [(a) contract;]
332          (1) enter into contracts;
333          [(b)] (2) sue and be sued; and
334          [(c) (i)] (3) (a) at the discretion of the charter school, provide administrative services
335     to, or perform other school functions for, charter schools authorized by the State Charter
336     School Board; and
337          [(ii)] (b) charge fees for the provision of services or functions.
338          Section 7. Section 53G-5-205 is enacted to read:
339          53G-5-205. Charter school authorizers -- Power and duties -- Charter application
340     minimum standard.
341          (1) The following entities are eligible to authorize charter schools:
342          (a) the State Charter School Board;
343          (b) a local school board; or
344          (c) a board of trustees of an institution in the state system of higher education as
345     described in Section 53B-1-102.
346          (2) A charter school authorizer shall:
347          (a) annually review and evaluate the performance of charter schools authorized by the
348     authorizer and hold a charter school accountable for the school's performance; and
349          (b) monitor charter schools authorized by the authorizer for compliance with federal
350     and state laws, rules, and regulations.
351          (3) A charter school authorizer may:
352          (a) authorize and promote the establishment of charter schools, subject to the
353     provisions in this part;
354          (b) make recommendations on legislation and rules pertaining to charter schools to the
355     Legislature and State Board of Education, respectively;
356          (c) make recommendations to the State Board of Education on the funding of charter
357     schools;
358          (d) provide technical support to charter schools and persons seeking to establish charter
359     schools by:
360          (i) identifying and promoting successful charter school models;
361          (ii) facilitating the application and approval process for charter school authorization;
362          (iii) directing charter schools and persons seeking to establish charter schools to
363     sources of funding and support;
364          (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
365     supporting and strengthening proposals before an application for charter school authorization is
366     submitted to a charter school authorizer; or
367          (v) assisting charter schools to understand and carry out their charter obligations; or
368          (e) provide technical support, as requested, to another charter school authorizer relating
369     to charter schools.
370          (4) Within 60 days after an authorizer's approval of an application for a new charter
371     school, the State Board of Education may direct an authorizer to do the following if the
372     authorizer or charter school applicant failed to follow statutory or board rule requirements:
373          (a) reconsider the authorizer's approval of an application for a new charter school; and
374          (b) correct deficiencies in the charter school application or authorizer's application
375     process as described in statute or board rule before approving the new application.
376          (5) The State Board of Education shall, in accordance with Title 63, Chapter 3, Utah
377     Administrative Rulemaking Act, make rules establishing minimum standards that a charter
378     school authorizer is required to apply when:
379          (a) evaluating a charter school application; or
380          (b) monitoring charter school compliance.
381          (6) The minimum standards described in Subsection (1) shall include:
382          (a) reasonable consequences for an authorizer that fails to comply with statute or board
383     rule;
384          (b) a process for an authorizer to review:
385          (i) the skill and expertise of a proposed charter school's governing board; and
386          (ii) the functioning operation of the charter school governing board of an authorized
387     charter school;
388          (c) a process for an authorizer to review the financial viability of a proposed charter
389     school and of an authorized charter school;
390          (d) a process to evaluate:
391          (i) how well an authorizer's authorized charter school complies with the charter
392     school's charter agreement;
393          (ii) whether an authorizer's authorized charter school maintains reasonable academic
394     standards; and
395          (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
396     capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
397          Section 8. Section 53G-5-302 is amended to read:
398          53G-5-302. Charter school application -- Applicants -- Contents.
399          (1) (a) An application to establish a charter school may be submitted by:
400          (i) an individual;
401          (ii) a group of individuals; or
402          (iii) a nonprofit legal entity organized under Utah law.
403          (b) An authorized charter school may apply under this chapter for a charter from
404     another charter school authorizer.
405          (2) A charter school application shall include:
406          (a) the purpose and mission of the school;
407          (b) except for a charter school authorized by a local school board, a statement that,
408     after entering into a charter agreement, the charter school will be organized and managed under
409     Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
410          (c) a description of the governance structure of the school, including:
411          (i) a list of the governing board members that describes the qualifications of each
412     member; and
413          (ii) an assurance that the applicant shall, within 30 days of authorization, [provide the
414     authorizer with the results of] complete a background check for each member consistent with
415     Section 53G-5-408;
416          (d) a description of the target population of the school that includes:
417          (i) the projected maximum number of students the school proposes to enroll;
418          (ii) the projected school enrollment for each of the first three years of school operation;
419     and
420          (iii) the ages or grade levels the school proposes to serve;
421          (e) academic goals;
422          (f) qualifications and policies for school employees, including policies that:
423          (i) comply with the criminal background check requirements described in Section
424     53G-5-408;
425          (ii) require employee evaluations; and
426          (iii) address employment of relatives within the charter school;
427          (g) a description of how the charter school will provide, as required by state and federal
428     law, special education and related services;
429          (h) for a public school converting to charter status, arrangements for:
430          (i) students who choose not to continue attending the charter school; and
431          (ii) teachers who choose not to continue teaching at the charter school;
432          (i) a statement that describes the charter school's plan for establishing the charter
433     school's facilities, including:
434          (i) whether the charter school intends to lease or purchase the charter school's facilities;
435     and
436          (ii) financing arrangements;
437          (j) a market analysis of the community the school plans to serve;
438          [(k) a capital facility plan;]
439          [(l)] (k) a business plan;
440          [(m)] (l) other major issues involving the establishment and operation of the charter
441     school; and
442          [(n)] (m) the signatures of the governing board members of the charter school.
443          (3) A charter school authorizer may require a charter school application to include:
444          (a) the charter school's proposed:
445          (i) curriculum;
446          (ii) instructional program; or
447          (iii) delivery methods;
448          (b) a method for assessing whether students are reaching academic goals, including, at
449     a minimum, administering the statewide assessments described in Section 53E-4-301;
450          (c) a proposed calendar;
451          (d) sample policies;
452          (e) a description of opportunities for parental involvement;
453          (f) a description of the school's administrative, supervisory, or other proposed services
454     that may be obtained through service providers; or
455          (g) other information that demonstrates an applicant's ability to establish and operate a
456     charter school.
457          Section 9. Section 53G-5-304 is amended to read:
458          53G-5-304. Charter schools authorized by the State Charter School Board --
459     Application process -- Prohibited basis of application denial.
460          (1) (a) An applicant seeking authorization of a charter school from the State Charter
461     School Board shall provide a copy of the application to the local school board of the school
462     district in which the proposed charter school shall be located either before or at the same time it
463     files its application with the State Charter School Board.
464          (b) The local board may review the application and may offer suggestions or
465     recommendations to the applicant or the State Charter School Board prior to its acting on the
466     application.
467          (c) The State Charter School Board shall give due consideration to suggestions or
468     recommendations made by the local school board under Subsection (1)(b).
469          (d) The State Charter School Board shall review and, by majority vote, either approve
470     or deny the application.
471          [(e) The State Board of Education shall, by majority vote, within 60 days after action
472     by the State Charter School Board under Subsection (1)(d):]
473          [(i) approve or deny an application approved by the State Charter School Board; or]
474          [(ii) hear an appeal, if any, of an application denied by the State Charter School Board.]
475          [(f) The State Board of Education's action under Subsection (1)(d) is final action
476     subject to judicial review.]
477          [(g)] (e) A charter school application may not be denied on the basis that the
478     establishment of the charter school will have any or all of the following impacts on a public
479     school, including another charter school:
480          (i) an enrollment decline;
481          (ii) a decrease in funding; or
482          (iii) a modification of programs or services.
483          (2) The State Board of Education shall, in accordance with Title 63G, Chapter 3, Utah
484     Administrative Rulemaking Act, make a rule providing a timeline for the opening of a charter
485     school following the approval of a charter school application by the State Charter School
486     Board.
487          (3) After approval of a charter school application and in accordance with Section
488     53G-5-303, the applicant and the State Charter School Board shall set forth the terms and
489     conditions for the operation of the charter school in a written charter agreement.
490          (4) The State Charter School Board shall, in accordance with State Board of Education
491     rules, establish and make public the State Charter School Board's:
492          (a) application requirements, in accordance with Section 53G-5-302;
493          (b) application process, including timelines, in accordance with this section; and
494          (c) minimum academic, financial, and enrollment standards.
495          Section 10. Section 53G-5-305 is amended to read:
496          53G-5-305. Charters authorized by local school boards -- Application process --
497     Local school board responsibilities.
498          (1) (a) An applicant identified in Section 53G-5-302 may submit an application to a
499     local school board to establish and operate a charter school within the geographical boundaries
500     of the school district administered by the local school board.
501          (b) (i) The principal, teachers, or parents of students at an existing public school may
502     submit an application to the local school board to convert the school or a portion of the school
503     to charter status.
504          (A) If the entire school is applying for charter status, at least two-thirds of the licensed
505     educators employed at the school and at least two-thirds of the parents or guardians of students
506     enrolled at the school must have signed a petition approving the application prior to its
507     submission to the charter school authorizer.
508          (B) If only a portion of the school is applying for charter status, the percentage is
509     reduced to a simple majority.
510          (ii) The local school board may not approve an application submitted under Subsection
511     (1)(b)(i) unless the local school board determines that:
512          (A) students opting not to attend the proposed converted school would have access to a
513     comparable public education alternative; and
514          (B) current teachers who choose not to teach at the converted charter school or who are
515     not retained by the school at the time of its conversion would receive a first preference for
516     transfer to open teaching positions for which they qualify within the school district, and, if no
517     positions are open, contract provisions or board policy regarding reduction in staff would
518     apply.
519          (2) (a) An existing public school that converts to charter status under a charter granted
520     by a local school board may:
521          (i) continue to receive the same services from the school district that it received prior to
522     its conversion; or
523          (ii) contract out for some or all of those services with other public or private providers.
524          (b) Any other charter school authorized by a local school board may contract with the
525     board to receive some or all of the services referred to in Subsection [(3)] (2)(a).
526          (c) Except as specified in a charter agreement, local school board assets do not transfer
527     to an existing public school that converts to charter status under a charter granted by a local
528     school board under this section.
529          [(3) (a) (i) A public school that converts to a charter school under a charter granted by a
530     local school board shall receive funding:]
531          [(A) through the school district; and]
532          [(B) on the same basis as it did prior to its conversion to a charter school.]
533          [(ii) The school may also receive federal money designated for charter schools under
534     any federal program.]
535          [(b) (i) A local school board-authorized charter school operating in a facility owned by
536     the school district and not paying reasonable rent to the school district shall receive funding:]
537          [(A) through the school district; and]
538          [(B) on the same basis that other district schools receive funding.]
539          [(ii) The school may also receive federal money designated for charter schools under
540     any federal program.]
541          [(c) Subject to the provisions in Section 53G-6-504, a charter school authorized by a
542     local school board shall receive funding as provided in Title 53F, Chapter 2, Part 7, Charter
543     School Funding.]
544          [(d) (i) A charter school authorized by a local school board, but not described in
545     Subsection (3)(a), (b), or (c) shall receive funding:]
546          [(A) through the school district; and]
547          [(B) on the same basis that other district schools receive funding.]
548          [(ii) The school may also receive federal money designated for charter schools under
549     any federal program.]
550          [(4)] (3) (a) A local school board that receives an application for a charter school under
551     this section shall, within 45 days, either accept or reject the application.
552          (b) If the board rejects the application, it shall notify the applicant in writing of the
553     reason for the rejection.
554          (c) The applicant may submit a revised application for reconsideration by the board.
555          (d) If the local school board refuses to authorize the applicant, the applicant may seek a
556     charter from [the State Charter School Board under Section 53G-5-304] another authorizer.
557          [(5)] (4) The State Board of Education shall make a rule providing for a timeline for
558     the opening of a charter school following the approval of a charter school application by a local
559     school board.
560          [(6)] (5) After approval of a charter school application and in accordance with Section
561     53G-5-303, the applicant and the local school board shall set forth the terms and conditions for
562     the operation of the charter school in a written charter agreement.
563          [(7) A local school board shall:]
564          [(a) annually review and evaluate the performance of charter schools authorized by the
565     local school board and hold the schools accountable for their performance;]
566          [(b) monitor charter schools authorized by the local school board for compliance with
567     federal and state laws, rules, and regulations; and]
568          [(c) provide technical support to charter schools authorized by the local school board to
569     assist them in understanding and performing their charter obligations.]
570          [(8)] (6) A local school board may terminate a charter school it authorizes as provided
571     in Sections 53G-5-501 and 53G-5-503.
572          [(9)] (7) In addition to the exemptions described in Sections 53G-5-405, 53G-7-202,
573     and 53G-5-407, a charter school authorized by a local school board is:
574          (a) not required to separately submit a report or information required under this public
575     education code to the State Board of Education if the information is included in a report or
576     information that is submitted by the local school board or school district; and
577          (b) exempt from the requirement under Section 53G-5-404 that a charter school shall
578     be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
579     Act.
580          [(10)] (8) Before a local school board accepts a charter school application, the local
581     school board shall, in accordance with State Board of Education rules, establish and make
582     public the local school board's:
583          (a) application requirements, in accordance with Section 53G-5-302;
584          (b) application process, including timelines, in accordance with this section; and
585          (c) minimum academic, financial, and enrollment standards.
586          Section 11. Section 53G-5-306 is amended to read:
587          53G-5-306. Charter schools authorized by a board of trustees of a higher
588     education institution -- Application process -- Board of trustees responsibilities.
589          (1) [Subject to the approval of the State Board of Education and except] Except as
590     provided in Subsection [(8)] (6), an applicant identified in Section 53G-5-302 may enter into
591     an agreement with a board of trustees of a higher education institution authorizing the applicant
592     to establish and operate a charter school.
593          (2) (a) An applicant applying for authorization from a board of trustees to establish and
594     operate a charter school shall provide a copy of the application to the State Charter School
595     Board and the local school board of the school district in which the proposed charter school
596     will be located either before or at the same time the applicant files the application with the
597     board of trustees.
598          (b) The State Charter School Board and the local school board may review the
599     application and offer suggestions or recommendations to the applicant or the board of trustees
600     before acting on the application.
601          (c) The board of trustees shall give due consideration to suggestions or
602     recommendations made by the State Charter School Board or the local school board under
603     Subsection (2)(b).
604          [(3) (a) If a board of trustees approves an application to establish and operate a charter
605     school, the board of trustees shall submit the application to the State Board of Education.]
606          [(b) The State Board of Education shall, by majority vote, within 60 days of receipt of
607     the application, approve or deny an application approved by a board of trustees.]
608          [(c) The State Board of Education's action under Subsection (3)(b) is final action
609     subject to judicial review.]
610          [(4)] (3) The State Board of Education shall make a rule providing a timeline for the
611     opening of a charter school following the approval of a charter school application by a board of
612     trustees.
613          [(5)] (4) After approval of a charter school application, the applicant and the board of
614     trustees shall set forth the terms and conditions for the operation of the charter school in a
615     written charter agreement.
616          [(6)] (5) (a) The school's charter may include a provision that the charter school pay an
617     annual fee for the board of trustees' costs in providing oversight of, and technical support to,
618     the charter school in accordance with [Subsection (7)] Section 53G-5-205.
619          (b) In the first two years that a charter school is in operation, an annual fee described in
620     Subsection [(6)] (5)(a) may not exceed the product of 3% of the revenue the charter school
621     receives from the state in the current fiscal year.
622          (c) Beginning with the third year that a charter school is in operation, an annual fee
623     described in Subsection [(6)] (5)(a) may not exceed the product of 1% of the revenue a charter
624     school receives from the state in the current fiscal year.
625          (d) An annual fee described in Subsection [(6)] (5)(a) shall be:
626          (i) paid to the board of trustees' higher education institution; and
627          (ii) expended as directed by the board of trustees.
628          [(7) A board of trustees shall:]
629          [(a) annually review and evaluate the performance of charter schools authorized by the
630     board of trustees and hold the schools accountable for their performance;]
631          [(b) monitor charter schools authorized by the board of trustees for compliance with
632     federal and state laws, rules, and regulations; and]
633          [(c) provide technical support to charter schools authorized by the board of trustees to
634     assist them in understanding and performing their charter obligations.]
635          [(8)] (6) (a) In addition to complying with the requirements of this section, a technical
636     college board of directors described in Section 53B-2a-108 shall obtain the approval of the
637     Utah System of Technical Colleges Board of Trustees before entering into an agreement to
638     establish and operate a charter school.
639          (b) If a technical college board of directors approves an application to establish and
640     operate a charter school, the technical college board of directors shall submit the application to
641     the Utah System of Technical Colleges Board of Trustees.
642          (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
643     within 60 days of receipt of an application described in Subsection [(8)] (6)(b), approve or deny
644     the application.
645          (d) The Utah System of Technical Colleges Board of Trustees may deny an application
646     approved by a technical college board of directors if the proposed charter school does not
647     accomplish a purpose of charter schools as provided in Section 53G-5-104.
648          (e) A charter school application may not be denied on the basis that the establishment
649     of the charter school will have any or all of the following impacts on a public school, including
650     another charter school:
651          (i) an enrollment decline;
652          (ii) a decrease in funding; or
653          (iii) a modification of programs or services.
654          [(9)] (7) (a) Subject to the requirements of this chapter and other related provisions, a
655     technical college board of directors may establish:
656          (i) procedures for submitting applications to establish and operate a charter school; or
657          (ii) criteria for approval of an application to establish and operate a charter school.
658          (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
659     governing the procedures or criteria described in Subsection [(9)] (7)(a).
660          [(10)] (8) Before a technical college board of directors accepts a charter school
661     application, the technical college board of directors shall, in accordance with State Board of
662     Education rules, establish and make public:
663          (a) application requirements, in accordance with Section 53G-5-302;
664          (b) the application process, including timelines, in accordance with this section; and
665          (c) minimum academic, financial, and enrollment standards.
666          Section 12. Section 53G-5-409 is amended to read:
667          53G-5-409. Regulated transactions and relationships -- Definitions --
668     Rulemaking.
669          (1) As used in this section:
670          (a) "Charter school officer" means:
671          (i) a member of a charter school's governing board;
672          (ii) a member of a board or an officer of a nonprofit corporation under which a charter
673     school is organized and managed; or
674          (iii) the chief administrative officer of a charter school.
675          (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
676     compensation, whether as an employee or contractor, is paid from charter school funds.
677          (ii) "Employment" does not include a charter school volunteer.
678          (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
679     uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
680     sister-in-law, son-in-law, or daughter-in-law.
681          (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
682     may not be employed at a charter school.
683          (b) If a relative of a charter school officer is to be considered for employment in a
684     charter school, the charter school officer shall:
685          (i) disclose the relationship, in writing, to the other charter school officers;
686          (ii) submit the employment decision to the charter school's governing board for the
687     approval, by majority vote, of the charter school's governing board;
688          (iii) abstain from voting on the issue; and
689          (iv) be absent from [any] the portion of the meeting [when] where the employment is
690     being considered and determined.
691          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
692     relative of a charter school officer may not have a financial interest in a contract or other
693     transaction involving a charter school in which the charter school officer serves as a charter
694     school officer.
695          (b) If a charter school's governing board considers entering into a contract or executing
696     a transaction in which a charter school officer or a relative of a charter school officer has a
697     financial interest, the charter school officer shall:
698          (i) disclose the financial interest, in writing, to the other charter school officers;
699          (ii) submit the contract or transaction decision to the charter school's governing board
700     for the approval, by majority vote, of the charter school's governing board;
701          (iii) abstain from voting on the issue; and
702          (iv) be absent from [any] the portion of the meeting [when] where the contract or
703     transaction is being considered and determined.
704          (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
705     employment for:
706          (i) the chief administrative officer of a charter school; or
707          (ii) a relative of the chief administrative officer of a charter school whose employment
708     is approved in accordance with the provisions in Subsection (2).
709          (4) The State Board of Education or State Charter School Board may not operate a
710     charter school.
711          Section 13. Section 53G-5-502 is amended to read:
712          53G-5-502. Voluntary school improvement process.
713          (1) As used in this section, "high performing charter school" means a charter school
714     that:
715          (a) satisfies all requirements of state law and State Board of Education rules;
716          (b) has operated for at least three years meeting the terms of the school's charter
717     agreement; and
718          [(c) has students performing at or above the academic performance standard in the
719     school's charter agreement.]
720          (c) is in good standing with the charter school's authorizer.
721          (2) (a) Subject to Subsection (2)(b), a governing board may voluntarily request the
722     charter school's authorizer to place the school in a school improvement process.
723          (b) A governing board shall provide notice and a hearing on the governing board's
724     intent to make a request under Subsection (2)(a) to parents and guardians of students enrolled
725     in the charter school.
726          (3) An authorizer may grant a governing board's request to be placed in a school
727     improvement process if the governing board has provided notice and a hearing under
728     Subsection (2)(b).
729          (4) An authorizer that has entered into a school improvement process with a governing
730     board shall:
731          (a) enter into a contract with the governing board on the terms of the school
732     improvement process;
733          (b) notify the State Board of Education that the authorizer has entered into a school
734     improvement process with the governing board;
735          (c) make a report to a committee of the State Board of Education regarding the school
736     improvement process; and
737          (d) notify the Utah Charter School Finance Authority that the authorizer has entered
738     into a school improvement process with the governing board if the charter school is a
739     qualifying charter school with outstanding bonds issued in accordance with Part 6, Charter
740     School Credit Enhancement Program.
741          (5) Upon notification under Subsection (4)(b), and after the report described in
742     Subsection (4)(c), the State Board of Education shall notify charter schools and the school
743     district in which the charter school is located that the governing board has entered into a school
744     improvement process with the charter school's authorizer.
745          (6) A high performing charter school or the school district in which the charter school
746     is located may apply to the governing board to assume operation and control of the charter
747     school that has been placed in a school improvement process.
748          (7) A governing board that has entered into a school improvement process shall review
749     applications submitted under Subsection (6) and submit a proposal to the charter school's
750     authorizer to:
751          (a) terminate the school's charter, notwithstanding the requirements of Section
752     53G-5-503; and
753          (b) transfer operation and control of the charter school to:
754          (i) the school district in which the charter school is located; or
755          (ii) a high performing charter school.
756          (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
757     may:
758          (a) approve a governing board's proposal under Subsection (7); or
759          (b) (i) deny a governing board's proposal under Subsection (7); and
760          (ii) (A) terminate the school's charter in accordance with Section 53G-5-503;
761          (B) allow the governing board to submit a revised proposal; or
762          (C) take no action.
763          (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
764     school with outstanding bonds issued in accordance with Part 6, Charter School Credit
765     Enhancement Program, without mutual agreement of the Utah Charter School Finance
766     Authority and the authorizer.
767          (10) (a) An authorizer that intends to transfer operation and control of a charter school
768     as described in Subsection (7)(b) shall request approval from the State Board of Education.
769          (b) (i) The State Board of Education shall consider an authorizer's request under
770     Subsection (10)(a) within 30 days of receiving the request.
771          (ii) If the State Board of Education denies an authorizer's request under Subsection
772     (10)(a), the authorizer may not transfer operation and control of the charter school as described
773     in Subsection (7)(b).
774          (iii) If the State Board of Education does not take action on an authorizer's request
775     under Subsection (10)(a) within 30 days of receiving the request, an authorizer may proceed to
776     transfer operation and control of the charter school as described in Subsection (7)(b).
777          Section 14. Section 53G-5-503 is amended to read:
778          53G-5-503. Termination of a charter.
779          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
780     terminate a school's charter for any of the following reasons:
781          (a) failure of the charter school to meet the requirements stated in the charter;
782          (b) failure to meet generally accepted standards of fiscal management;
783          [(c) subject to Subsection (8), failure to make adequate yearly progress under the No
784     Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq.;]
785          [(d)] (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
786     School Turnaround and Leadership Development; and
787          (ii) failure to improve the school's grade under the conditions described in Title 53E,
788     Chapter 5, Part 3, School Turnaround and Leadership Development;
789          [(e)] (d) violation of requirements under this chapter or another law; or
790          [(f)] (e) other good cause shown.
791          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
792     state the grounds for the termination, and stipulate that the governing board may request an
793     informal hearing before the authorizer:
794          (i) the governing board of the charter school; and
795          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
796     accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
797     Finance Authority.
798          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
799     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
800     receiving a written request under Subsection (2)(a).
801          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
802     the governing board of the charter school may appeal the decision to the State Board of
803     Education.
804          (d) (i) The State Board of Education shall hear an appeal of a termination made
805     pursuant to Subsection (2)(c).
806          (ii) The State Board of Education's action is final action subject to judicial review.
807          (e) (i) If the authorizer proposes to terminate the charter of a qualifying charter school
808     with outstanding bonds issued in accordance with Part 6, Charter School Credit Enhancement
809     Program, the authorizer shall conduct a hearing described in Subsection (2)(b) 120 days or
810     more after notifying the following of the proposed termination:
811          (A) the governing board of the qualifying charter school; and
812          (B) the Utah Charter School Finance Authority.
813          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
814     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
815     remedied in lieu of termination of the qualifying charter school's charter.
816          (3) An authorizer may not terminate the charter of a qualifying charter school with
817     outstanding bonds issued in accordance with Part 6, Charter School Credit Enhancement
818     Program, without mutual agreement of the Utah Charter School Finance Authority and the
819     authorizer.
820          (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
821     the State Board of Education shall make rules that require a charter school to report any threats
822     to the health, safety, or welfare of its students to the State Charter School Board in a timely
823     manner.
824          (b) The rules under Subsection (4)(a) shall also require the charter school report to
825     include what steps the charter school has taken to remedy the threat.
826          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
827     charter immediately if good cause has been shown or if the health, safety, or welfare of the
828     students at the school is threatened.
829          (6) If a charter is terminated during a school year, the following entities may apply to
830     the charter school's authorizer to assume operation of the school:
831          (a) the school district where the charter school is located;
832          (b) the governing board of another charter school; or
833          (c) a private management company.
834          (7) (a) If a charter is terminated, a student who attended the school may apply to and
835     shall be enrolled in another public school under the enrollment provisions of Chapter 6, Part 3,
836     School District Residency, subject to space availability.
837          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
838          [(8) Subject to the requirements of Subsection (3), an authorizer may terminate a
839     charter pursuant to Subsection (1)(c) under the same circumstances that local educational
840     agencies are required to implement alternative governance arrangements under 20 U.S.C. Sec.
841     6316.]
842          Section 15. Section 53G-5-504 is amended to read:
843          53G-5-504. Charter school closure.
844          (1) If a charter school is closed for any reason, including the termination of a charter in
845     accordance with Section 53G-5-503 or the conversion of a charter school to a private school,
846     the provisions of this section apply.
847          (2) A decision to close a charter school is made:
848          (a) when a charter school authorizer approves a motion to terminate described in
849     Subsection 53G-5-503(2)(c);
850          (b) when the State Board of Education takes final action described in Subsection
851     53G-5-503(2)(d)(ii); or
852          (c) when a charter school provides notice to the charter school's authorizer that the
853     charter school is relinquishing the charter school's charter.
854          (3) (a) No later than 10 days after the day on which a decision to close a charter school
855     is made, the charter school shall:
856          (i) provide notice to the following, in writing, of the decision:
857          (A) if the charter school made the decision to close, the charter school's authorizer;
858          (B) the State Charter School Board;
859          (C) if the State Board of Education did not make the decision to close, the State Board
860     of Education;
861          (D) parents of students enrolled at the charter school;
862          (E) the charter school's creditors;
863          (F) the charter school's lease holders;
864          (G) the charter school's bond issuers;
865          (H) other entities that may have a claim to the charter school's assets;
866          (I) the school district in which the charter school is located and other charter schools
867     located in that school district; and
868          (J) any other person that the charter school determines to be appropriate; and
869          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
870     63F-1-701.
871          (b) The notice described in Subsection (3)(a) shall include:
872          (i) the proposed date of the charter school closure;
873          (ii) the charter school's plans to help students identify and transition into a new school;
874     and
875          (iii) contact information for the charter school during the transition.
876          (4) [After a decision to close a charter school is made] No later than 10 days after the
877     day on which a decision to close a charter school is made, the closing charter school shall:
878          (a) designate a custodian for the protection of student files and school business records;
879          (b) [maintain] designate a base of operation that will be maintained throughout the
880     charter school closing, including:
881          (i) an office;
882          (ii) hours of operation;
883          (iii) operational telephone service with voice messaging stating the hours of operation;
884     and
885          (iv) a designated individual to respond to questions or requests during the hours of
886     operation;
887          (c) assure that the charter school will maintain insurance coverage and risk
888     management coverage throughout the transition to closure and for a period following closure of
889     the charter school as specified by the charter school's authorizer;
890          (d) assure that the charter school will complete by the set deadlines for all fiscal years
891     in which funds are received or expended by the charter school a financial audit [or] and any
892     other procedure required by board rule [immediately after the decision to close is made];
893          (e) inventory all assets of the charter school; and
894          (f) list all creditors of the charter school and specifically identify secured creditors and
895     assets that are security interests.
896          (5) The closing charter school's authorizer shall oversee the closing charter school's
897     compliance with Subsection (4).
898          (6) (a) A closing charter school shall return any assets remaining, after all liabilities
899     and obligations of the closing charter school are paid or discharged, to the closing charter
900     school's authorizer.
901          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
902     assign the assets to another public school.
903          (7) The closing charter school's authorizer shall oversee liquidation of assets and
904     payment of debt in accordance with board rule.
905          (8) The closing charter school shall:
906          (a) comply with all state and federal reporting requirements; and
907          (b) submit all documentation and complete all state and federal reports required by the
908     closing charter school's authorizer or the State Board of Education , including documents to
909     verify the closing charter school's compliance with procedural requirements and satisfaction of
910     all financial issues.
911          (9) When the closing charter school's financial affairs are closed out and dissolution is
912     complete, the authorizer shall ensure that a final audit of the charter school is completed.
913          (10) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
914     Administrative Rulemaking Act, the State Board of Education shall, after considering
915     suggestions from charter school authorizers, make rules that:
916          (a) provide additional closure procedures for charter schools ; and
917          (b) establish a charter school closure process.
918          Section 16. Effective date.
919          This bill takes effect on January 1, 2019.