Chief Sponsor: Val L. Peterson

Senate Sponsor: Ann Millner


8     General Description:
9          This bill enacts provisions creating a charter school enrollment preference for children
10     of military servicemembers.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends charter school enrollment provisions to establish a preference for a child of
14     a military servicemember.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53G-6-502, as last amended by Laws of Utah 2018, Chapter 380 and renumbered and
22     amended by Laws of Utah 2018, Chapter 3

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

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

58          (h) a child of a military servicemember as defined in Section 53B-8-102.
59          (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
60     a charter school that is approved by the State Board of Education after May 13, 2014, and is
61     located in a high growth area as defined in Section 53G-6-504 shall give an enrollment
62     preference to a student who resides within a two-mile radius of the charter school.
63          (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
64     apply to a charter school that was approved without a high priority status pursuant to
65     Subsection 53G-6-504(7)(b).
66          (6) If a district school converts to charter status, the charter school shall give an
67     enrollment preference to students who would have otherwise attended it as a district school.
68          (7) (a) A charter school whose mission is to enhance learning opportunities for
69     refugees or children of refugee families may give an enrollment preference to refugees or
70     children of refugee families.
71          (b) A charter school whose mission is to enhance learning opportunities for English
72     language learners may give an enrollment preference to English language learners.
73          (8) A charter school may weight the charter school's lottery to give a slightly better
74     chance of admission to educationally disadvantaged students, including:
75          (a) low-income students;
76          (b) students with disabilities;
77          (c) English language learners;
78          (d) migrant students;
79          (e) neglected or delinquent students; and
80          (f) homeless students.
81          (9) A charter school may not discriminate in the charter school's admission policies or
82     practices on the same basis as other public schools may not discriminate in admission policies
83     and practices.