Chief Sponsor: Justin L. Fawson

Senate Sponsor: Howard A. Stephenson


8     General Description:
9          This bill amends a provision related to charter school enrollment preferences.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends a provision related to a charter school enrollment preference regarding the
13     proximity of a student's residence to a charter school.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53G-6-502, as renumbered and amended by Laws of Utah 2018, Chapter 3

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 53G-6-502 is amended to read:
24          53G-6-502. Eligible students.
25          (1) As used in this section:
26          (a) "At capacity" means operating above the school's open enrollment threshold.
27          (b) "District school" means a public school under the control of a local school board

28     elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
29     Boards.
30          (c) "Open enrollment threshold" means the same as that term is defined in Section
31     53G-6-401.
32          (d) "Refugee" means a person who is eligible to receive benefits and services from the
33     federal Office of Refugee Resettlement.
34          (e) "School of residence" means the same as that term is defined in Section 53G-6-401.
35          (2) All resident students of the state qualify for admission to a charter school, subject
36     to the limitations set forth in this section and Section 53G-6-503.
37          (3) (a) A charter school shall enroll an eligible student who submits a timely
38     application, unless the number of applications exceeds the capacity of a program, class, grade
39     level, or the charter school.
40          (b) If the number of applications exceeds the capacity of a program, class, grade level,
41     or the charter school, the charter school shall select students on a random basis, except as
42     provided in Subsections (4) through (8).
43          (4) A charter school may give an enrollment preference to:
44          (a) a child or grandchild of an individual who has actively participated in the
45     development of the charter school;
46          (b) a child or grandchild of a member of the charter school governing board;
47          (c) a sibling of an individual who was previously or is presently enrolled in the charter
48     school;
49          (d) a child of an employee of the charter school;
50          (e) a student articulating between charter schools offering similar programs that are
51     governed by the same charter school governing board;
52          (f) a student articulating from one charter school to another pursuant to an articulation
53     agreement between the charter schools that is approved by the State Charter School Board; or
54          (g) a student who resides within up to a two-mile radius of the charter school and
55     whose school of residence is at capacity.
56          (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
57     a charter school that is approved by the State Board of Education after May 13, 2014, and is
58     located in a high growth area as defined in Section 53G-6-504 shall give an enrollment

59     preference to a student who resides within a two-mile radius of the charter school.
60          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
61     apply to a charter school that was approved without a high priority status pursuant to
62     Subsection 53G-6-504(7)(b).
63          (6) If a district school converts to charter status, the charter school shall give an
64     enrollment preference to students who would have otherwise attended it as a district school.
65          (7) (a) A charter school whose mission is to enhance learning opportunities for
66     refugees or children of refugee families may give an enrollment preference to refugees or
67     children of refugee families.
68          (b) A charter school whose mission is to enhance learning opportunities for English
69     language learners may give an enrollment preference to English language learners.
70          (8) A charter school may weight the charter school's lottery to give a slightly better
71     chance of admission to educationally disadvantaged students, including:
72          (a) low-income students;
73          (b) students with disabilities;
74          (c) English language learners;
75          (d) migrant students;
76          (e) neglected or delinquent students; and
77          (f) homeless students.
78          (9) A charter school may not discriminate in the charter school's admission policies or
79     practices on the same basis as other public schools may not discriminate in admission policies
80     and practices.

Legislative Review Note
Office of Legislative Research and General Counsel