1     
CHARTER SCHOOL OPERATIONS AND SCHOOL ACCOUNTING

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jefferson Moss

6     
Senate Sponsor: Daniel McCay

7     

8     LONG TITLE
9     General Description:
10          This bill amends certain provisions related to school accounting methods, and the
11     approval, oversight, and closure of charter schools by an authorizer.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates an initial review period before a charter school receives ongoing approval
16     from an authorizer;
17          ▸     requires a charter school to use the same accounting methods as district schools;
18          ▸     requires district schools to use certain accounting methods; and
19          ▸     permits authorizers to:
20               •     request financial documents from a charter school;
21               •     petition a district court to appoint a receiver for a charter school on certain
22     grounds;
23               •     transfer operation and control of a charter school to a high performing charter
24     school under certain circumstances; and
25               •     transfer students from a closing charter school to another charter school.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None

30     Utah Code Sections Affected:
31     AMENDS:
32          53G-4-404, as last amended by Laws of Utah 2019, Chapters 293 and 324
33          53G-5-404, as last amended by Laws of Utah 2019, Chapters 83 and 293
34          53G-5-405, as last amended by Laws of Utah 2019, Chapters 293 and 505
35          53G-5-501, as last amended by Laws of Utah 2019, Chapter 293
36          53G-5-502, as last amended by Laws of Utah 2019, Chapter 293
37          53G-5-503, as last amended by Laws of Utah 2019, Chapter 293
38          53G-5-504, as last amended by Laws of Utah 2019, Chapter 293
39     ENACTS:
40          53G-5-307, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53G-4-404 is amended to read:
44          53G-4-404. Annual financial report -- Audit report.
45          (1) (a) The annual financial report of each school district, containing items required by
46     law or by the state board and attested to by independent auditors, shall be prepared as required
47     by Section 51-2a-201.
48          (b) A school district shall use fund and program accounting methods and standardized
49     account codes capable of producing financial reports that comply with:
50          (i) generally accepted accounting principles;
51          (ii) financial reporting requirements established by the state board under Section
52     53E-3-501; and
53          (iii) accounting report standards established by the state auditor as described in Section
54     51-2a-301.
55          (2) If auditors are employed under Section 51-2a-201, the auditors shall complete their
56     field work in sufficient time to allow them to verify necessary audit adjustments included in the
57     annual financial report to the state superintendent.

58          (3) (a) (i) The district shall forward the annual financial report to the state
59     superintendent not later than October 1.
60          (ii) The report shall include information to enable the state superintendent to complete
61     the statement of funds required under Section 53E-1-203.
62          (b) The state board shall publish electronically a copy of the report on the Internet not
63     later than January 15.
64          (4) The completed audit report shall be delivered to the school district local school
65     board and the state superintendent not later than November 30 of each year.
66          Section 2. Section 53G-5-307 is enacted to read:
67          53G-5-307. Charter school authorization -- Initial review period.
68          (1) An authorizer shall grant a charter school approved under this title initial approval
69     for a three-year review period, beginning with the first year of the charter school's operation.
70          (2) Beginning in the first year of the initial review period, the authorizer shall comply
71     with the accountability and review procedures described in Section 53G-5-406.
72          (3) The authorizer may extend the initial review period for one year, up to two times
73     during the initial review period.
74          (4) At the end of the initial review period, the authorizer shall:
75          (a) grant the charter school ongoing approval; or
76          (b) terminate the charter agreement, subject to the requirements of Section 53G-5-503.
77          (5) The authorizer shall, under the minimum standards described in Section
78     53G-5-205, base the decision to grant ongoing approval or terminate the charter agreement on:
79          (a) the charter school's compliance with the terms of the charter agreement;
80          (b) whether the charter school is meeting academic standards in the charter school's
81     charter agreement;
82          (c) the charter school's financial viability; and
83          (d) the charter school's capacity to meet governance standards.
84          (6) A charter school that is granted initial approval under this section may not
85     participate in the Charter School Credit Enhancement Program until the authorizer grants

86     ongoing approval of the charter school's charter.
87          Section 3. Section 53G-5-404 is amended to read:
88          53G-5-404. Requirements for charter schools.
89          (1) A charter school shall be nonsectarian in its programs, admission policies,
90     employment practices, and operations.
91          (2) A charter school may not charge tuition or fees, except those fees normally charged
92     by other public schools.
93          (3) A charter school shall meet all applicable federal, state, and local health, safety, and
94     civil rights requirements.
95          (4) (a) A charter school shall:
96          (i) make the same annual reports required of other public schools under this public
97     education code, including an annual financial audit report described in Section 53G-4-404;
98     [and]
99          (ii) ensure that the charter school meets the data and reporting standards described in
100     Section 53E-3-501[.]; and
101          (iii) use fund and program accounting methods and standardized account codes capable
102     of producing financial reports that comply with:
103          (A) generally accepted accounting principles;
104          (B) the financial reporting requirements applicable to LEAs established by the state
105     board under Section 53E-3-501; and
106          (C) accounting report standards established by the state auditor as described in Section
107     51-2a-301.
108          (b) Before, and as a condition for opening a charter school:
109          (i) a charter school shall:
110          (A) certify to the authorizer that the charter school's accounting methods meet the
111     requirements described in Subsection (4)(a)(iii); or
112          (B) if the authorizer requires, conduct a performance demonstration to verify that the
113     charter school's accounting methods meet the requirements described in Subsection (4)(a)(iii);

114     and
115          (ii) the authorizer shall certify to the state board that the charter school's accounting
116     methods meet the requirements described in Subsection (4)(a)(iii).
117          [(b)] (c) A charter school shall file the charter school's annual financial audit report
118     with the Office of the State Auditor within six months of the end of the fiscal year.
119          (d) For the limited purpose of compliance with federal and state law governing use of
120     public education funds, including restricted funds, and making annual financial audit reports
121     under this section, a charter school is a government entity governed by the public education
122     code.
123          (5) (a) A charter school shall be accountable to the charter school's authorizer for
124     performance as provided in the school's charter agreement.
125          (b) To measure the performance of a charter school, an authorizer may use data
126     contained in:
127          (i) the charter school's annual financial audit report;
128          (ii) a report submitted by the charter school as required by statute; or
129          (iii) a report submitted by the charter school as required by its charter agreement.
130          (c) A charter school authorizer may not impose performance standards, except as
131     permitted by statute, that limit, infringe, or prohibit a charter school's ability to successfully
132     accomplish the purposes of charter schools as provided in Section 53G-5-104 or as otherwise
133     provided in law.
134          (6) A charter school may not advocate unlawful behavior.
135          (7) Except as provided in Section 53G-5-305, a charter school shall be organized and
136     managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, after its
137     authorization.
138          (8) A charter school shall provide adequate liability and other appropriate insurance[.],
139     including:
140          (a) general liability, errors and omissions, and directors and officers liability coverage
141     through completion of the closure of a charter school under Section 53G-5-504; and

142          (b) tail coverage or closeout insurance covering at least one year after closure of the
143     charter school.
144          (9) Beginning on July 1, 2014, a charter school, including a charter school that has not
145     yet opened, shall submit any lease, lease-purchase agreement, or other contract or agreement
146     relating to the charter school's facilities or financing of the charter school's facilities to the
147     school's authorizer and an attorney for review and advice [prior to] before the charter school
148     [entering into] enters the lease, agreement, or contract.
149          (10) A charter school may not employ an educator whose license [has been] is
150     suspended or revoked by the state board under Section 53E-6-604.
151          (11) (a) Each charter school shall register and maintain the charter school's registration
152     as a limited purpose entity, in accordance with Section 67-1a-15.
153          (b) A charter school that fails to comply with Subsection (11)(a) or Section 67-1a-15 is
154     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
155          (12) (a) As used in this Subsection (12), "contracting entity" means a person with
156     which a charter school contracts.
157          (b) A charter school shall provide to the charter school's authorizer any information or
158     documents requested by the authorizer, including documents held by a subsidiary of the charter
159     school or a contracting entity:
160          (i) to confirm the charter school's compliance with state or federal law governing the
161     charter school's finances or governance; or
162          (ii) to carry out the authorizer's statutory obligations, including liquidation and
163     assignment of assets, and payment of debt in accordance with state board rule, as described in
164     Section 53G-5-504.
165          (c) A charter school shall comply with a request described in Subsection (12)(b),
166     including after an authorizer recommends closure of the charter school or terminates the charter
167     school's contract.
168          (d) Documents held by a contracting entity or subsidiary of a charter school that are
169     necessary to demonstrate the charter school's compliance with state or federal law are the

170     property of the charter school.
171          (e) A charter school shall include in an agreement with a subsidiary of the charter
172     school or a contracting entity a provision that stipulates that documents held by the subsidiary
173     or a contracting entity, that are necessary to demonstrate the charter school's financial
174     compliance with federal or state law, are the property of the charter school.
175          Section 4. Section 53G-5-405 is amended to read:
176          53G-5-405. Application of statutes and rules to charter schools.
177          (1) A charter school shall operate in accordance with its charter agreement and is
178     subject to this public education code and other state laws applicable to public schools, except
179     as otherwise provided in this chapter and other related provisions.
180          (2) (a) Except as provided in Subsection (2)(b), state board rules governing the
181     following do not apply to a charter school:
182          (i) school libraries;
183          (ii) required school administrative and supervisory services; and
184          (iii) required expenditures for instructional supplies.
185          (b) A charter school shall comply with rules implementing statutes that prescribe how
186     state appropriations may be spent.
187          (3) The following provisions of this public education code, and rules adopted under
188     those provisions, do not apply to a charter school:
189          [(a) Section 53G-7-1202, requiring the establishment of a school community council;]
190          [(b) Section 53G-4-409, requiring the use of activity disclosure statements;]
191          [(c) Section 53G-7-606, requiring notification of intent to dispose of textbooks;]
192          [(d) Section 53G-10-404, requiring annual presentations on adoption;]
193          [(e) Sections 53G-7-304 and 53G-7-306 pertaining to fiscal procedures of school
194     districts and local school boards; and]
195          [(f) Section 53E-4-408, requiring an independent evaluation of instructional materials.]
196          (a) Section 53E-4-408, requiring an independent evaluation of instructional materials;
197          (b) Section 53G-4-409, requiring the use of activity disclosure statements;

198          (c) Sections 53G-7-304 and 53G-7-306, pertaining to fiscal procedures of school
199     districts and local school boards;
200          (d) Section 53G-7-606, requiring notification of intent to dispose of textbooks;
201          (e) Section 53G-7-1202, requiring the establishment of a school community council;
202     and
203          (f) Section 53G-10-404, requiring annual presentations on adoption.
204          (4) For the purposes of Title 63G, Chapter 6a, Utah Procurement Code, a charter
205     school is considered an educational procurement unit as defined in Section 63G-6a-103.
206          (5) Each charter school shall be subject to:
207          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
208          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
209          (6) A charter school is exempt from Section 51-2a-201.5, requiring accounting reports
210     of certain nonprofit corporations. A charter school is subject to the requirements of Section
211     53G-5-404.
212          (7) (a) The State Charter School Board shall, in concert with the charter schools, study
213     existing state law and administrative rules for the purpose of determining from which laws and
214     rules charter schools should be exempt.
215          (b) (i) The State Charter School Board shall present recommendations for exemption to
216     the state board for consideration.
217          (ii) The state board shall consider the recommendations of the State Charter School
218     Board and respond within 60 days.
219          Section 5. Section 53G-5-501 is amended to read:
220          53G-5-501. Noncompliance -- Rulemaking.
221          (1) If a charter school is found to be out of compliance with the requirements of
222     Section 53G-5-404 or the school's charter agreement, the charter school authorizer shall notify
223     the following in writing that the charter school has a reasonable time to remedy the deficiency,
224     except as otherwise provided in Subsection 53G-5-503(4):
225          (a) the charter school governing board; and

226          (b) if the charter school is a qualifying charter school with outstanding bonds issued in
227     accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
228     Finance Authority.
229          (2) (a) If the charter school does not remedy the deficiency within the established
230     timeline, the authorizer may:
231          [(a)] (i) subject to the requirements of Subsection (4), take one or more of the
232     following actions:
233          [(i)] (A) remove a charter school director or finance officer;
234          [(ii)] (B) remove a charter school governing board member; [or]
235          [(iii)] (C) appoint an interim director [or], mentor, or finance officer to work with the
236     charter school; or
237          (D) appoint a governing board member;
238          [(b)] (ii) subject to the requirements of Section 53G-5-503, terminate the school's
239     charter agreement[.]; or
240          (iii) transfer operation and control of the charter school to a high performing charter
241     school, as defined in Subsection 53G-5-502(1), including reconstituting the governing board to
242     effectuate the transfer.
243          (b) The authorizer may prohibit the charter school governing board from removing an
244     appointment made under Subsection (2)(a)(i), for a period of up to one year after the date of the
245     appointment.
246          (3) The costs of an interim director [or], mentor, or finance officer appointed [pursuant
247     to] under Subsection (2)(a) shall be paid from the funds of the charter school for which the
248     interim director [or], mentor, or finance officer is working.
249          (4) The authorizer shall notify the Utah Charter School Finance Authority before the
250     authorizer takes an action described in [Subsections] Subsection (2)(a)(i) [through (iii)] if the
251     charter school is a qualifying charter school with outstanding bonds issued in accordance with
252     Part 6, Charter School Credit Enhancement Program.
253          (5) The state board shall make rules:

254          (a) specifying the timeline for remedying deficiencies under Subsection (1); and
255          (b) ensuring the compliance of a charter school with its approved charter agreement.
256          (6) (a) An authorizer may petition the district court where a charter school is located or
257     incorporated to appoint a receiver, and the district court may appoint a receiver if the authorizer
258     establishes that the charter school:
259          (i) is subject to closure under Section 53G-5-503; and
260          (ii) (A) has disposed, or there is a demonstrated risk that the charter school will
261     dispose, of the charter school's assets in violation of Subsection 53G-5-403(4); or
262          (B) cannot, or there is a demonstrated risk that the charter school will not, make
263     repayment of amounts owed to the federal government or the state.
264          (b) The court shall describe the powers and duties of the receiver in the court's
265     appointing order, and may amend the order from time to time.
266          (c) Among other duties ordered by the court, the receiver shall:
267          (i) ensure the protection of the charter school's assets;
268          (ii) preserve money owed to creditors; and
269          (iii) if requested by the authorizer, carry out charter school closure procedures
270     described in Section 53G-5-504, and state board rules, as directed by the authorizer.
271          (d) If the authorizer does not request, or the court does not appoint, a receiver:
272          (i) the authorizer may reconstitute the governing board of a charter school; or
273          (ii) if a new governing board cannot be reconstituted, the authorizer shall complete the
274     closure procedures described in Section 53G-5-504, including liquidation and assignment of
275     assets, and payment of debt in accordance with state board rule, as described in Section
276     53G-5-504.
277          (e) For a qualifying charter school with outstanding bonds issued in accordance with
278     Part 6, Charter School Credit Enhancement Program, an authorizer shall obtain the consent of
279     the Utah Charter School Finance Authority before the authorizer takes the following actions:
280          (i) petitions a district court to appoint a receiver, as described in Subsection (6)(a);
281          (ii) reconstitutes the governing board, as described in Subsection (6)(d)(i); or

282          (iii) carries out closure procedures, as described in Subsection (6)(d)(ii).
283          Section 6. Section 53G-5-502 is amended to read:
284          53G-5-502. Voluntary school improvement process.
285          (1) As used in this section[,]:
286          (a) "[high] High performing charter school" means a charter school that:
287          [(a)] (i) satisfies all requirements of state law and state board rules;
288          [(b)] (ii) has operated for at least three years meeting the terms of the school's charter
289     agreement; and
290          [(c)] (iii) is in good standing with the charter school's authorizer.
291          (b) "Low performing charter school" means a charter school that is designated a low
292     performing school, as that term is defined in Section 53E-5-301.
293          (c) "School turnaround plan" means the same as that term is defined in Section
294     53E-5-301.
295          (2) (a) Subject to Subsection (2)(b), a charter school governing board may voluntarily
296     request the charter school's authorizer to place the charter school, including a low performing
297     charter school that has a school turnaround plan, in a school improvement process.
298          (b) A charter school governing board shall provide notice and a hearing on the charter
299     school governing board's intent to make a request under Subsection (2)(a) to parents of students
300     enrolled in the charter school.
301          (3) An authorizer may grant a charter school governing board's request to be placed in
302     a school improvement process if the charter school governing board has provided notice and a
303     hearing under Subsection (2)(b).
304          (4) An authorizer that has entered into a school improvement process with a charter
305     school governing board shall:
306          (a) enter into a contract with the charter school governing board on the terms of the
307     school improvement process;
308          (b) notify the state board that the authorizer has entered into a school improvement
309     process with the charter school governing board;

310          (c) make a report to a committee of the state board regarding the school improvement
311     process; and
312          (d) notify the Utah Charter School Finance Authority that the authorizer has entered
313     into a school improvement process with the charter school governing board if the charter
314     school is a qualifying charter school with outstanding bonds issued in accordance with Part 6,
315     Charter School Credit Enhancement Program.
316          (5) Upon notification under Subsection (4)(b), and after the report described in
317     Subsection (4)(c), the state board shall notify charter schools and the school district in which
318     the charter school is located that the charter school governing board has entered into a school
319     improvement process with the charter school's authorizer.
320          (6) A high performing charter school or the school district in which the charter school
321     is located may apply to the charter school governing board to assume operation and control of
322     the charter school that has been placed in a school improvement process.
323          (7) A charter school governing board that has entered into a school improvement
324     process shall review applications submitted under Subsection (6) and submit a proposal to the
325     charter school's authorizer to:
326          (a) terminate the school's charter, notwithstanding the requirements of Section
327     53G-5-503; and
328          (b) transfer operation and control of the charter school to:
329          (i) the school district in which the charter school is located; or
330          (ii) a high performing charter school.
331          (8) Except as provided in Subsection (9) and subject to Subsection (10), an authorizer
332     may:
333          (a) approve a charter school governing board's proposal under Subsection (7); or
334          (b) (i) deny a charter school governing board's proposal under Subsection (7); and
335          (ii) (A) terminate the school's charter agreement in accordance with Section
336     53G-5-503;
337          (B) allow the charter school governing board to submit a revised proposal; or

338          (C) take no action.
339          (9) An authorizer may not take an action under Subsection (8) for a qualifying charter
340     school with outstanding bonds issued in accordance with Part 6, Charter School Credit
341     Enhancement Program, without mutual agreement of the Utah Charter School Finance
342     Authority and the authorizer.
343          (10) (a) An authorizer that intends to transfer operation and control of a charter school
344     as described in Subsection (7)(b) shall request approval from the state board.
345          (b) (i) The state board shall consider an authorizer's request under Subsection (10)(a)
346     within 30 days of receiving the request.
347          (ii) If the state board denies an authorizer's request under Subsection (10)(a), the
348     authorizer may not transfer operation and control of the charter school as described in
349     Subsection (7)(b).
350          (iii) If the state board does not take action on an authorizer's request under Subsection
351     (10)(a) within 30 days of receiving the request, an authorizer may proceed to transfer operation
352     and control of the charter school as described in Subsection (7)(b).
353          (11) If operation and control of a low performing charter school that has a school
354     turnaround plan is transferred to a high performing charter school as described in Subsection
355     (7)(b), the low performing charter school shall complete the requirements of the school
356     turnaround plan and any other requirements imposed by the authorizer for school improvement.
357          Section 7. Section 53G-5-503 is amended to read:
358          53G-5-503. Termination of a charter agreement.
359          (1) Subject to the requirements of Subsection (3), a charter school authorizer may
360     terminate a school's charter agreement for any of the following reasons:
361          (a) failure of the charter school to meet the requirements stated in the charter
362     agreement;
363          (b) failure to meet generally accepted standards of fiscal management;
364          (c) (i) designation as a low performing school under Title 53E, Chapter 5, Part 3,
365     School Turnaround and Leadership Development; and

366          (ii) failure to improve the school's grade under the conditions described in Title 53E,
367     Chapter 5, Part 3, School Turnaround and Leadership Development;
368          (d) violation of requirements under this chapter or another law; or
369          (e) other good cause shown.
370          (2) (a) The authorizer shall notify the following of the proposed termination in writing,
371     state the grounds for the termination, and stipulate that the charter school governing board may
372     request an informal hearing before the authorizer:
373          (i) the charter school governing board; and
374          (ii) if the charter school is a qualifying charter school with outstanding bonds issued in
375     accordance with Part 6, Charter School Credit Enhancement Program, the Utah Charter School
376     Finance Authority.
377          (b) Except as provided in Subsection (2)(e), the authorizer shall conduct the hearing in
378     accordance with Title 63G, Chapter 4, Administrative Procedures Act, within 30 days after
379     receiving a written request under Subsection (2)(a).
380          (c) If the authorizer, by majority vote, approves a motion to terminate a charter school,
381     the charter school governing board may appeal the decision to the state board.
382          (d) (i) The state board shall hear an appeal of a termination made pursuant to
383     Subsection (2)(c).
384          (ii) The state board's action is final action subject to judicial review.
385          (e) (i) If the authorizer proposes to terminate the charter agreement of a qualifying
386     charter school with outstanding bonds issued in accordance with Part 6, Charter School Credit
387     Enhancement Program, the authorizer shall conduct a hearing described in Subsection (2)(b)
388     120 days or more after notifying the following of the proposed termination:
389          (A) the charter school governing board of the qualifying charter school; and
390          (B) the Utah Charter School Finance Authority.
391          (ii) Prior to the hearing described in Subsection (2)(e)(i), the Utah Charter School
392     Finance Authority shall meet with the authorizer to determine whether the deficiency may be
393     remedied in lieu of termination of the qualifying charter school's charter agreement.

394          (3) An authorizer may not terminate the charter agreement of a qualifying charter
395     school with outstanding bonds issued in accordance with Part 6, Charter School Credit
396     Enhancement Program, without mutual agreement of the Utah Charter School Finance
397     Authority and the authorizer.
398          (4) (a) The state board shall make rules that require a charter school to report any
399     threats to the health, safety, or welfare of its students to the State Charter School Board in a
400     timely manner.
401          (b) The rules under Subsection (4)(a) shall also require the charter school report to
402     include what steps the charter school has taken to remedy the threat.
403          (5) Subject to the requirements of Subsection (3), the authorizer may terminate a
404     charter agreement immediately if good cause has been shown or if the health, safety, or welfare
405     of the students at the school is threatened.
406          (6) If a charter agreement is terminated [during a school year], the following entities
407     may apply to the charter school's authorizer to assume operation of the school:
408          (a) the school district where the charter school is located;
409          (b) the charter school governing board of another charter school; [or]
410          (c) a private management company[.]; or
411          (d) the governing board of a nonprofit corporation.
412          (7) (a) If a charter agreement is terminated, a student who attended the school may
413     apply to and shall be enrolled in another public school under the enrollment provisions of
414     Chapter 6, Part 3, School District Residency, subject to space availability.
415          (b) Normal application deadlines shall be disregarded under Subsection (7)(a).
416          Section 8. Section 53G-5-504 is amended to read:
417          53G-5-504. Charter school closure.
418          (1) As used in this section, "receiving charter school" means a charter school that an
419     authorizer permits under Subsection (13)(a), to accept enrollment applications from students of
420     a closing charter school.
421          [(1)] (2) If a charter school is closed for any reason, including the termination of a

422     charter agreement in accordance with Section 53G-5-503 or the conversion of a charter school
423     to a private school, the provisions of this section apply.
424          [(2)] (3) A decision to close a charter school is made:
425          (a) when a charter school authorizer approves a motion to terminate described in
426     Subsection 53G-5-503(2)(c);
427          (b) when the state board takes final action described in Subsection 53G-5-503(2)(d)(ii);
428     or
429          (c) when a charter school provides notice to the charter school's authorizer that the
430     charter school is relinquishing the charter school's charter.
431          [(3)] (4) (a) No later than 10 days after the day on which a decision to close a charter
432     school is made, the charter school shall:
433          (i) provide notice to the following, in writing, of the decision:
434          (A) if the charter school made the decision to close, the charter school's authorizer;
435          (B) the State Charter School Board;
436          (C) if the state board did not make the decision to close, the state board;
437          (D) parents of students enrolled at the charter school;
438          (E) the charter school's creditors;
439          (F) the charter school's lease holders;
440          (G) the charter school's bond issuers;
441          (H) other entities that may have a claim to the charter school's assets;
442          (I) the school district in which the charter school is located and other charter schools
443     located in that school district; and
444          (J) any other person that the charter school determines to be appropriate; and
445          (ii) post notice of the decision on the Utah Public Notice Website, created in Section
446     63F-1-701.
447          (b) The notice described in Subsection [(3)] (4)(a) shall include:
448          (i) the proposed date of the charter school closure;
449          (ii) the charter school's plans to help students identify and transition into a new school;

450     and
451          (iii) contact information for the charter school during the transition.
452          [(4)] (5) No later than 10 days after the day on which a decision to close a charter
453     school is made, the closing charter school shall:
454          (a) designate a custodian for the protection of student files and school business records;
455          (b) designate a base of operation that will be maintained throughout the charter school
456     closing, including:
457          (i) an office;
458          (ii) hours of operation;
459          (iii) operational telephone service with voice messaging stating the hours of operation;
460     and
461          (iv) a designated individual to respond to questions or requests during the hours of
462     operation;
463          (c) assure that the charter school will maintain private insurance coverage [and] or risk
464     management coverage for covered claims that arise before closure, throughout the transition to
465     closure and for a period following closure of the charter school as specified by the charter
466     school's authorizer;
467          (d) assure that the charter school will complete by the set deadlines for all fiscal years
468     in which funds are received or expended by the charter school a financial audit and any other
469     procedure required by state board rule;
470          (e) inventory all assets of the charter school; and
471          (f) list all creditors of the charter school and specifically identify secured creditors and
472     assets that are security interests.
473          [(5)] (6) The closing charter school's authorizer shall oversee the closing charter
474     school's compliance with Subsection [(4)] (5).
475          [(6)] (7) (a) A closing charter school shall return any assets remaining, after all
476     liabilities and obligations of the closing charter school are paid or discharged, to the closing
477     charter school's authorizer.

478          (b) The closing charter school's authorizer shall liquidate assets at fair market value or
479     assign the assets to another public school.
480          [(7)] (8) The closing charter school's authorizer shall oversee liquidation of assets and
481     payment of debt in accordance with state board rule.
482          [(8)] (9) The closing charter school shall:
483          (a) comply with all state and federal reporting requirements; and
484          (b) submit all documentation and complete all state and federal reports required by the
485     closing charter school's authorizer or the state board , including documents to verify the closing
486     charter school's compliance with procedural requirements and satisfaction of all financial
487     issues.
488          [(9)] (10) When the closing charter school's financial affairs are closed out and
489     dissolution is complete, the authorizer shall ensure that a final audit of the charter school is
490     completed.
491          [(10)] (11) On or before January 1, 2017, the state board shall, after considering
492     suggestions from charter school authorizers, make rules that:
493          (a) provide additional closure procedures for charter schools ; and
494          (b) establish a charter school closure process.
495          (12) (a) Upon termination of the charter school's charter agreement:
496          (i) notwithstanding provisions to the contrary in Title 16, Chapter 6a, Part 14,
497     Dissolution, the nonprofit corporation under which the charter school is organized and
498     managed may be unilaterally dissolved by the authorizer; and
499          (ii) the net assets of the charter school shall revert to the authorizer as described in
500     Subsection (7).
501          (b) The charter school and the authorizer shall mutually agree in writing on the
502     effective date and time of the dissolution described in Subsection (12)(a).
503          (c) The effective date and time of dissolution described in Subsection (12)(b) may not
504     exceed five years after the date of the termination of the charter agreement.
505          (13) Notwithstanding the provisions of Chapter 6, Part 5, Charter School Enrollment:

506          (a) an authorizer may permit a specified number of students from a closing charter
507     school to be enrolled in another charter school, if the receiving charter school:
508          (i) (A) is authorized by the same authorizer as the closing charter school; or
509          (B) is authorized by a different authorizer and the authorizer of the receiving charter
510     school approves the increase in enrollment; and
511          (ii) agrees to accept enrollment applications from students of the closing charter
512     school;
513          (b) a receiving charter school shall give new enrollment preference to applications
514     from students of the closing charter school in the first school year in which the closing charter
515     school is not operational; and
516          (c) a receiving charter school's enrollment capacity is increased by the number of
517     students enrolled in the receiving charter school from the closing charter school under this
518     Subsection (13).
519          (14) A member of the governing board or staff of the receiving charter school that is
520     also a member of the governing board of the receiving charter school's authorizer, shall recuse
521     himself or herself from a decision regarding the enrollment of students from a closing charter
522     school as described in Subsection (13).