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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to charter school applications and creates an appeal
10 process for applications denied by the State Charter School Board.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires charter school authorizers to:
14 • make criteria for reviewing charter school applications publically available;
15 • provide applicants to establish a charter school with a report of application
16 deficiencies; and
17 • provide applicants an opportunity to correct deficiencies;
18 ▸ requires the State Charter School Board to, if an application to establish a charter
19 school is denied:
20 • notify the applicant of the denial in writing; and
21 • provide the applicant with specific reasons for the denial in writing; and
22 ▸ creates a process for an applicant to appeal a denial of an application to the State
23 Board of Education.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 53G-5-205, as last amended by Laws of Utah 2019, Chapter 293
31 53G-5-302, as last amended by Laws of Utah 2019, Chapter 293
32 53G-5-304, as last amended by Laws of Utah 2019, Chapter 293
33 53G-5-305, as last amended by Laws of Utah 2019, Chapter 293
34 53G-5-306, as last amended by Laws of Utah 2019, Chapter 293
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53G-5-205 is amended to read:
38 53G-5-205. Charter school authorizers -- Power and duties -- Charter application
39 minimum standard.
40 (1) The following entities are eligible to authorize charter schools:
41 (a) the State Charter School Board;
42 (b) a local school board; or
43 (c) a board of trustees of an institution in the state system of higher education as
44 described in Section 53B-1-102.
45 (2) A charter school authorizer shall:
46 (a) annually review and evaluate the performance of charter schools authorized by the
47 authorizer and hold a charter school accountable for the school's performance; [
48 (b) monitor charter schools authorized by the authorizer for compliance with federal
49 and state laws, rules, and regulations[
50 (c) establish, and make publically available, criteria for reviewing and evaluating an
51 application to establish a charter school;
52 (d) provide to an applicant a written report of deficiencies in an application reviewed
53 by the authorizer, that specifies criteria described in Subsection (2)(c) that the application does
54 not meet;
55 (e) provide to an applicant copies of internal documents used by the authorizer to
56 review and evaluate the application; and
57 (f) provide an opportunity for an applicant to correct deficiencies identified in the
58 report described in Subsection (2)(d) before the applicant submits a final application to
59 establish a charter school to the authorizer.
60 (3) A charter school authorizer may:
61 (a) authorize and promote the establishment of charter schools, subject to the
62 provisions in this part;
63 (b) make recommendations on legislation and rules pertaining to charter schools to the
64 Legislature and state board, respectively;
65 (c) make recommendations to the state board on the funding of charter schools;
66 (d) provide technical support to charter schools and persons seeking to establish charter
67 schools by:
68 (i) identifying and promoting successful charter school models;
69 (ii) facilitating the application and approval process for charter school authorization;
70 (iii) directing charter schools and persons seeking to establish charter schools to
71 sources of funding and support; or
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77 (e) provide technical support, as requested, to another charter school authorizer relating
78 to charter schools.
79 (4) Within 60 days after an authorizer's approval of an application for a new charter
80 school, the state board may direct an authorizer to do the following if the authorizer or charter
81 school applicant failed to follow statutory or state board rule requirements:
82 (a) reconsider the authorizer's approval of an application for a new charter school; and
83 (b) correct deficiencies in the charter school application or authorizer's application
84 process as described in statute or state board rule before approving the new application.
85 (5) The state board shall make rules establishing minimum standards that a charter
86 school authorizer is required to apply when:
87 (a) evaluating a charter school application; or
88 (b) monitoring charter school compliance.
89 (6) The minimum standards described in Subsection (5) shall include:
90 (a) reasonable consequences for an authorizer that fails to comply with statute or state
91 board rule;
92 (b) a process for an authorizer to review:
93 (i) the skill and expertise of a proposed charter school's governing board; and
94 (ii) the functioning operation of the charter school governing board of an authorized
95 charter school;
96 (c) a process for an authorizer to review the financial viability of a proposed charter
97 school and of an authorized charter school;
98 (d) a process to evaluate:
99 (i) how well an authorizer's authorized charter school complies with the charter
100 school's charter agreement;
101 (ii) whether an authorizer's authorized charter school maintains reasonable academic
102 standards; and
103 (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
104 capacity to oversee, monitor, and evaluate the charter schools the authorizer authorizes.
105 Section 2. Section 53G-5-302 is amended to read:
106 53G-5-302. Charter school application -- Applicants -- Contents.
107 (1) (a) An application to establish a charter school may be submitted by:
108 (i) an individual;
109 (ii) a group of individuals; or
110 (iii) a nonprofit legal entity organized under Utah law.
111 (b) An applicant described in Subsection (1)(a) shall submit an application to establish
112 a charter school to the authorizer from which the applicant seeks authorization of a charter
113 school.
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115 another charter school authorizer.
116 (2) A charter school application shall include:
117 (a) the purpose and mission of the school;
118 (b) except for a charter school authorized by a local school board, a statement that,
119 after entering into a charter agreement, the charter school will be organized and managed under
120 Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
121 (c) a description of the governance structure of the school, including:
122 (i) a list of the charter school governing board members that describes the
123 qualifications of each member; and
124 (ii) an assurance that the applicant shall, within 30 days of authorization, complete a
125 background check for each member consistent with Section 53G-5-408;
126 (d) a description of the target population of the school that includes:
127 (i) the projected maximum number of students the school proposes to enroll;
128 (ii) the projected school enrollment for each of the first three years of school operation;
129 and
130 (iii) the ages or grade levels the school proposes to serve;
131 (e) academic goals;
132 (f) qualifications and policies for school employees, including policies that:
133 (i) comply with the criminal background check requirements described in Section
134 53G-5-408;
135 (ii) require employee evaluations;
136 (iii) address employment of relatives within the charter school; and
137 (iv) address human resource management and ensure that:
138 (A) at least one of the school's employees or another person is assigned human
139 resource management duties, as defined in Section 17B-1-805; and
140 (B) the assigned employee or person described in Subsection (2)(f)(iv)(A) receives
141 human resource management training, as defined in Section 17B-1-805;
142 (g) a description of how the charter school will provide, as required by state and federal
143 law, special education and related services;
144 (h) for a public school converting to charter status, arrangements for:
145 (i) students who choose not to continue attending the charter school; and
146 (ii) teachers who choose not to continue teaching at the charter school;
147 (i) a statement that describes the charter school's plan for establishing the charter
148 school's facilities, including:
149 (i) whether the charter school intends to lease or purchase the charter school's facilities;
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151 (ii) financing arrangements;
152 (j) a market analysis of the community the school plans to serve;
153 (k) a business plan;
154 (l) other major issues involving the establishment and operation of the charter school;
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156 (m) the signatures of the charter school governing board members.
157 (3) A charter school authorizer may require a charter school application to include:
158 (a) the charter school's proposed:
159 (i) curriculum;
160 (ii) instructional program; or
161 (iii) delivery methods;
162 (b) a method for assessing whether students are reaching academic goals, including, at
163 a minimum, administering the statewide assessments described in Section 53E-4-301;
164 (c) a proposed calendar;
165 (d) sample policies;
166 (e) a description of opportunities for parental involvement;
167 (f) a description of the school's administrative, supervisory, or other proposed services
168 that may be obtained through service providers; or
169 (g) other information that demonstrates an applicant's ability to establish and operate a
170 charter school.
171 (4) An authorizer may not deny an application to establish a charter school based on
172 the disclosure in an application of a particular proposed vendor to provide education-related
173 services to the charter school.
174 Section 3. Section 53G-5-304 is amended to read:
175 53G-5-304. Charter schools authorized by the State Charter School Board --
176 Application process -- Prohibited basis of application denial.
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178 School Board shall provide a copy of the application to the local school board of the school
179 district in which the proposed charter school shall be located either before or at the same time it
180 files its application with the State Charter School Board.
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186 (2) (a) The State Charter School Board may not establish a process to exclude an
187 applicant to establish a charter school from completing the application process under this
188 section, including a prescreening or proposal process.
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190 approve or deny the application.
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192 establishment of the charter school will have any or all of the following impacts on a public
193 school, including another charter school:
194 (i) an enrollment decline;
195 (ii) a decrease in funding; or
196 (iii) a modification of programs or services.
197 (d) If the State Charter School Board votes to deny an application, the State Charter
198 School Board shall provide to the applicant:
199 (i) written notice of the denial;
200 (ii) a written document that identifies the reasons for the denial, including the specific
201 criteria described in Section 53G-5-302 and Subsection (5) that the application does not meet;
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203 (iii) if applicable, the written report described in Subsection 53G-5-205(2)(d).
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205 charter school following the approval of a charter school application by the State Charter
206 School Board.
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208 53G-5-303, the applicant and the State Charter School Board shall set forth the terms and
209 conditions for the operation of the charter school in a written charter agreement.
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211 establish and make public the State Charter School Board's:
212 (a) application requirements, in accordance with Section 53G-5-302;
213 (b) application process, including review criteria and timelines, in accordance with this
214 section; and
215 (c) minimum academic, financial, and enrollment standards.
216 (6) (a) An applicant may appeal a denial of an application under Subsection (2) by
217 submitting an appeal to the state board within 30 days after the day on which an applicant
218 receives the notice described in Subsection (2)(d)(i), and in accordance with the rules
219 established by the state board under Subsection (6)(b).
220 (b) The state board shall:
221 (i) within 30 days after the day on which the state board receives an appeal described in
222 Subsection (6)(a), appoint an appeals officer to review the denied application that:
223 (A) is not a member of, or employed by, the state board or State Charter School Board;
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225 (B) has expertise or experience in developing or administering a charter school; and
226 (ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
227 Rulemaking Act, for a process to submit an appeal to the state board.
228 (c) The appeals officer described in Subsection (6)(b) shall:
229 (i) evaluate whether the denied application meets the criteria described in Section
230 53G-5-302 and Subsection (5); and
231 (ii) within 30 days after the day on which the state board appoints the appeals officer,
232 schedule a hearing to review:
233 (A) the application denied by the State Charter School Board; and
234 (B) the documents described in Subsection (2)(d).
235 (d) If the appeals officer decides that an application denied by the State Charter School
236 Board meets the criteria described in Section 53G-5-302 and Subsection (5):
237 (i) the decision of the State Charter School Board to deny the application is overturned;
238 and
239 (ii) the State Charter School Board shall enter into a charter agreement with the
240 applicant under Section 53G-5-303.
241 Section 4. Section 53G-5-305 is amended to read:
242 53G-5-305. Charters authorized by local school boards -- Application process --
243 Local school board responsibilities.
244 (1) (a) An applicant identified in Section 53G-5-302 may submit an application to a
245 local school board to establish and operate a charter school within the geographical boundaries
246 of the school district administered by the local school board.
247 (b) (i) The principal, teachers, or parents of students at an existing public school may
248 submit an application to the local school board to convert the school or a portion of the school
249 to charter status.
250 (A) If the entire school is applying for charter status, at least two-thirds of the licensed
251 educators employed at the school and at least two-thirds of the parents of students enrolled at
252 the school must have signed a petition approving the application prior to its submission to the
253 charter school authorizer.
254 (B) If only a portion of the school is applying for charter status, the percentage is
255 reduced to a simple majority.
256 (ii) The local school board may not approve an application submitted under Subsection
257 (1)(b)(i) unless the local school board determines that:
258 (A) students opting not to attend the proposed converted school would have access to a
259 comparable public education alternative; and
260 (B) current teachers who choose not to teach at the converted charter school or who are
261 not retained by the school at the time of its conversion would receive a first preference for
262 transfer to open teaching positions for which they qualify within the school district, and, if no
263 positions are open, contract provisions or local school board policy regarding reduction in staff
264 would apply.
265 (2) (a) An existing public school that converts to charter status under a charter granted
266 by a local school board may:
267 (i) continue to receive the same services from the school district that it received prior to
268 its conversion; or
269 (ii) contract out for some or all of those services with other public or private providers.
270 (b) Any other charter school authorized by a local school board may contract with the
271 local school board to receive some or all of the services referred to in Subsection (2)(a).
272 (c) Except as specified in a charter agreement, local school board assets do not transfer
273 to an existing public school that converts to charter status under a charter granted by a local
274 school board under this section.
275 (3) (a) A local school board that receives an application for a charter school under this
276 section shall, within 45 days, either accept or reject the application.
277 (b) If the local school board rejects the application, it shall notify the applicant in
278 writing of the reason for the rejection.
279 (c) The applicant may submit a revised application for reconsideration by the local
280 school board.
281 (d) If the local school board refuses to authorize the applicant, the applicant may seek a
282 charter from another authorizer.
283 (4) The state board shall make a rule providing for a timeline for the opening of a
284 charter school following the approval of a charter school application by a local school board.
285 (5) After approval of a charter school application and in accordance with Section
286 53G-5-303, the applicant and the local school board shall set forth the terms and conditions for
287 the operation of the charter school in a written charter agreement.
288 (6) A local school board may terminate a charter school it authorizes as provided in
289 Sections 53G-5-501 and 53G-5-503.
290 (7) In addition to the exemptions described in Sections 53G-5-405, 53G-7-202, and
291 53G-5-407, a charter school authorized by a local school board is:
292 (a) not required to separately submit a report or information required under this public
293 education code to the state board if the information is included in a report or information that is
294 submitted by the local school board or school district; and
295 (b) exempt from the requirement under Section 53G-5-404 that a charter school shall
296 be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
297 Act.
298 (8) Before a local school board accepts a charter school application, the local school
299 board shall, in accordance with state board rules, establish and make public the local school
300 board's:
301 (a) application requirements, in accordance with Section 53G-5-302;
302 (b) application process, including review criteria and timelines, in accordance with this
303 section; and
304 (c) minimum academic, financial, and enrollment standards.
305 Section 5. Section 53G-5-306 is amended to read:
306 53G-5-306. Charter schools authorized by a board of trustees of a higher
307 education institution -- Application process -- Board of trustees responsibilities.
308 (1) Except as provided in Subsection (6), an applicant identified in Section 53G-5-302
309 may enter into an agreement with a board of trustees of a higher education institution
310 authorizing the applicant to establish and operate a charter school.
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312 and operate a charter school shall provide a copy of the application to the State Charter School
313 Board and the local school board of the school district in which the proposed charter school
314 will be located either before or at the same time the applicant files the application with the
315 board of trustees.
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322 (3) The state board shall make a rule providing a timeline for the opening of a charter
323 school following the approval of a charter school application by a board of trustees.
324 (4) After approval of a charter school application, the applicant and the board of
325 trustees shall set forth the terms and conditions for the operation of the charter school in a
326 written charter agreement.
327 (5) (a) The school's charter agreement may include a provision that the charter school
328 pay an annual fee for the board of trustees' costs in providing oversight of, and technical
329 support to, the charter school in accordance with Section 53G-5-205.
330 (b) In the first two years that a charter school is in operation, an annual fee described in
331 Subsection (5)(a) may not exceed the product of 3% of the revenue the charter school receives
332 from the state in the current fiscal year.
333 (c) Beginning with the third year that a charter school is in operation, an annual fee
334 described in Subsection (5)(a) may not exceed the product of 1% of the revenue a charter
335 school receives from the state in the current fiscal year.
336 (d) An annual fee described in Subsection (5)(a) shall be:
337 (i) paid to the board of trustees' higher education institution; and
338 (ii) expended as directed by the board of trustees.
339 (6) (a) In addition to complying with the requirements of this section, a technical
340 college board of directors described in Section 53B-2a-108 shall obtain the approval of the
341 Utah System of Technical Colleges Board of Trustees before entering into an agreement to
342 establish and operate a charter school.
343 (b) If a technical college board of directors approves an application to establish and
344 operate a charter school, the technical college board of directors shall submit the application to
345 the Utah System of Technical Colleges Board of Trustees.
346 (c) The Utah System of Technical Colleges Board of Trustees shall, by majority vote,
347 within 60 days of receipt of an application described in Subsection (6)(b), approve or deny the
348 application.
349 (d) The Utah System of Technical Colleges Board of Trustees may deny an application
350 approved by a technical college board of directors if the proposed charter school does not
351 accomplish a purpose of charter schools as provided in Section 53G-5-104.
352 (e) A charter school application may not be denied on the basis that the establishment
353 of the charter school will have any or all of the following impacts on a public school, including
354 another charter school:
355 (i) an enrollment decline;
356 (ii) a decrease in funding; or
357 (iii) a modification of programs or services.
358 (7) (a) Subject to the requirements of this chapter and other related provisions, a
359 technical college board of directors may establish:
360 (i) procedures for submitting applications to establish and operate a charter school; or
361 (ii) criteria for approval of an application to establish and operate a charter school.
362 (b) The Utah System of Technical Colleges Board of Trustees may not establish policy
363 governing the procedures or criteria described in Subsection (7)(a).
364 (8) Before a technical college board of directors accepts a charter school application,
365 the technical college board of directors shall, in accordance with state board rules, establish and
366 make public:
367 (a) application requirements, in accordance with Section 53G-5-302;
368 (b) the application process, including review criteria and timelines, in accordance with
369 this section; and
370 (c) minimum academic, financial, and enrollment standards.