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:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53G-5-305, as last amended by Laws of Utah 2019, Chapter 293
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 [
30 (b) (i) The principal, teachers, or parents of students at an existing public school may
31 submit an application to [
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 [
36 submission to [
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) [
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 [
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 [
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
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 [
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 [
67 notify the applicant in writing of the reason for the rejection.
68 (c) [
69 (3)(b) may submit a revised application for reconsideration by the local school board.
70 (d) If [
71 seek a charter from another authorizer.
72 (4) The state board shall make [
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 [
78 charter agreement.
79 (6) A local school board may terminate a charter school [
80 authorizes as [
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
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
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.