1     
CHARTER SCHOOL AUTHORIZATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Adam Robertson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to a local school board's authority to authorize a
10     charter school.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a local school board to authorize a charter school outside of the local school
14     board's school district boundaries.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53G-5-305, as last amended by Laws of Utah 2019, Chapter 293
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53G-5-305 is amended to read:
25          53G-5-305. Charters authorized by local school boards -- Application process --
26     Local school board responsibilities.
27          (1) (a) An applicant identified in Section 53G-5-302 may submit an application to a
28     local school board to establish and operate a charter school [within the geographical boundaries
29     of the school district administered by the local school board].
30          (b) (i) The principal, teachers, or parents of students at an existing public school may
31     submit an application to [the] a local school board to convert the school or a portion of the
32     school to charter status.
33          (A) If the entire school is applying for charter status, at least two-thirds of the licensed
34     educators employed at the school and at least two-thirds of the parents of students enrolled at
35     the school must have signed a petition approving the application prior to [its] the application's
36     submission to [the charter school authorizer] a local school board.
37          (B) If only a portion of the school is applying for charter status, the percentage is
38     reduced to a simple majority.
39          (ii) [The] A local school board may not approve an application submitted under
40     Subsection (1)(b)(i) unless the local school board determines that:
41          (A) students opting not to attend the proposed converted school would have access to a
42     comparable public education alternative; and
43          (B) current teachers who choose not to teach at the converted charter school or who are
44     not retained by the school at the time of [its] the school's conversion would receive a first
45     preference for transfer to open teaching positions for which they qualify within the school
46     district, and, if no positions are open, contract provisions or local school board policy regarding
47     reduction in staff would apply.
48          (2) (a) An existing public school that converts to charter status under a charter granted
49     by a local school board may:
50          (i) if the charter school is authorized by the local school board for the school district in
51     which the charter school is located, continue to receive the same services from the school
52     district that [it] the charter school received prior to [its] the school's conversion; [or]
53          (ii) if the charter school is authorized by a local school board other than the local
54     school board of the school district in which the charter school is located, receive services from
55     the local school board that authorizes the charter school; or
56          [(ii)] (iii) contract out for some or all of [those] the services described in Subsection
57     (2)(a)(i) or (ii) with other public or private providers.
58          (b) Any other charter school authorized by a local school board may contract with the
59     local school board to receive some or all of the services [referred to] described in Subsection
60     (2)(a).
61          (c) Except as specified in a charter agreement, local school board assets do not transfer
62     to an existing public school that converts to charter status under a charter granted by a local
63     school board under this section.
64          (3) (a) A local school board that receives an application for a charter school under this
65     section shall, within 45 days, either accept or reject the application.
66          (b) If [the] a local school board rejects the application, [it] the local school board shall
67     notify the applicant in writing of the reason for the rejection.
68          (c) [The applicant] An applicant that receives a notification described in Subsection
69     (3)(b) may submit a revised application for reconsideration by the local school board.
70          (d) If [the] a local school board refuses to authorize the applicant, the applicant may
71     seek a charter from another authorizer.
72          (4) The state board shall make [a rule] rules, in accordance with Title 63G, Chapter 3,
73     Utah Administrative Rulemaking Act, providing for a timeline for the opening of a charter
74     school following the approval of a charter school application by a local school board.
75          (5) After approval of a charter school application and in accordance with Section
76     53G-5-303, the applicant and the local school board that authorizes the charter school shall [set
77     forth] establish the terms and conditions for the operation of the charter school in a written
78     charter agreement.
79          (6) A local school board may terminate a charter school [it] that the local school board
80     authorizes as [provided] described in Sections 53G-5-501 and 53G-5-503.
81          (7) In addition to the exemptions described in Sections 53G-5-405, 53G-7-202, and
82     53G-5-407, a charter school authorized by a local school board is:
83          (a) not required to separately submit a report or information required under this public
84     education code to the state board if the information is included in a report or information that is
85     submitted by the local school board or school district that authorizes the charter school; and
86          (b) exempt from the requirement under Section 53G-5-404 that a charter school shall
87     be organized and managed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation
88     Act.
89          (8) Before a local school board accepts a charter school application, the local school
90     board shall, in accordance with state board rules, establish and make public the local school
91     board's:
92          (a) application requirements, in accordance with Section 53G-5-302;
93          (b) application process, including timelines, in accordance with this section; and
94          (c) minimum academic, financial, and enrollment standards.