1     
CHARTER SCHOOL APPLICATION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: ____________

6     

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
35     

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; [and]
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
72          [(iv) reviewing and evaluating proposals to establish charter schools for the purpose of
73     supporting and strengthening proposals before an application for charter school authorization is
74     submitted to a charter school authorizer; or]
75          [(v)] (iv) assisting charter schools to understand and carry out their charter obligations;
76     or
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.
114          [(b)] (c) An authorized charter school may apply under this chapter for a charter from
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;
150     and
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;
155     and
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.
177          (1) [(a)] An applicant seeking authorization of a charter school from the State Charter
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.
181          [(b) The local school board may review the application and may offer suggestions or
182     recommendations to the applicant or the State Charter School Board prior to its acting on the

183     application.]
184          [(c) The State Charter School Board shall give due consideration to suggestions or
185     recommendations made by the local school board under Subsection (1)(b).]
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.
189          [(d)] (b) The State Charter School Board shall review and, by majority vote, either
190     approve or deny the application.
191          [(e)] (c) A charter school application may not be denied on the basis that the
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;
202     and
203          (iii) if applicable, the written report described in Subsection 53G-5-205(2)(d).
204          [(2)] (3) The state board shall make a rule providing a timeline for the opening of a
205     charter school following the approval of a charter school application by the State Charter
206     School Board.
207          [(3)] (4) After approval of a charter school application and in accordance with Section
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.
210          [(4)] (5) The State Charter School Board shall, in accordance with state board rules,
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;
224     and
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.
311          (2) [(a)] An applicant applying for authorization from a board of trustees to establish
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.
316          [(b) The State Charter School Board and the local school board may review the
317     application and offer suggestions or recommendations to the applicant or the board of trustees
318     before acting on the application.]
319          [(c) The board of trustees shall give due consideration to suggestions or
320     recommendations made by the State Charter School Board or the local school board under
321     Subsection (2)(b).]
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.